The signing of Dayton Peace Agreement in December, 1995, rendered a precedent in modern reflections on international law – more precisely, on constitutional and public law. A brutal war finally ended, but ethnic conflicts remain active as the years pass. An artificial peace was reached at the time and it was more than obvious that it did not stand on a fertile ground.
The Constitution of Bosnia and Herzegovina declared the following: Serbs, Bosniaks, and Croats are three constituent nations living on the territory of a sovereign and independent state. When it comes to the people of Republic of Srpska, the Serbs are the only ones who can elect or be elected for the Presidency of Bosnia and Herzegovina. This directly denies the political rights of the Bosnians and Croats who also are from the Republic of Srpska. It implies that only a person who proclaims himself or herself as a Serb and member of this particular ethnicity may be an eligible candidate for the Presidency on state level elections. Thus, it is essential to mark this permitted discrimination as a constitutional gap.