Crafting Peace Under Duress: How Dayton Ended the Bosnian War by Entrenching the Structures of Dysfunctional Governance
This article analyzes the constitutional architecture established by the 1995 Dayton Peace Agreement and argues that Bosnia and Herzegovina's current crisis, marked by secessionist rhetoric, defiance of state institutions, and stalled EU accession, is the predictable outcome of a constitutional order designed to end a war, not to sustain durable democratic governance. Drawing on one author's firsthand participation in the Bosnian delegation and subsequent decades of peace-process experience, it traces how the extraordinary wartime pressures of the negotiations subordinated constitutional design to military enforcement, producing a framework of territorial decentralization, ethnic power-sharing, and veto mechanisms borrowed from an inherently undemocratic Yugoslav template. The article concludes by proposing pathways for reform, including curbing veto-based obstruction, aligning change with EU accession and civic rights, and shifting from international supervision toward legitimate domestic governance.
Dr. Paul R. Williams holds the Rebecca I. Grazier Professorship in Law and International Relations at American University where he teaches in the School of International Service and at the Washington College of Law. Dr. Williams is also the Co-Founder of the Public International Law & Policy Group (“PILPG”). He received his J.D. from Stanford Law School and his Ph.D. from the University of Cambridge. Dr. Williams served as a legal advisor on the Bosnian delegation during the Dayton Peace Talks.
Greta Ramelli is a Legal Officer at the Public International Law & Policy Group (“PILPG”). She received her LLB in European Law from Maastricht University, her LLM in International Criminal Law from Amsterdam University, her Master’s Degree in Geopolitics and Global Security from La Sapienza University and is currently pursuing a law degree in Italian Law from University of Trento.
