Conclusion

The terms and structure of Article V.5 had value as a confidence and security- building mechanism in the context of a peace agreement. Its value as a constitutional provision was always dubious. Multiple armies, under different chains of command, sharing competencies between the State and the Entities, where the sharing of competencies was not the same in both Entities, could never be considered a viable, long-term basis on which to build a legitimate State with full control over its sovereignty, territorial integrity, and political independence. State and Entity governments, with help from the International Community, found a way to create a more rational command structure through the transfer of competencies under the Constitutional mechanism defined by Article III.5(a) and through the adoption of a comprehensive legislative framework at the State level. As a result, very little of the original text of Article V.5 continues to have legal effect.

* The views of the author are his personal views and do not reflect the views of the Office of the High Representative or the European Union Special Representative.