In recent years, Bosnia and Herzegovina has seen a consistent increase in the rate of Internet absorption along with a continuous extension of broadband access across urban and rural areas. As a potential EU candidate country, Bosnia has recently developed a burgeoning drive to advance the country’s digital and cyber capabilities in line with those of the European Union; ‘smart growth’ is notably included as one of the national priorities under the 2015 Strategic Framework. That said, the institutional, regulatory, and operational framework that would enable the realisation of this ambition is still nascent and the progress in many policy areas is undermined by the complexity of the distribution of powers between the central government and two entities: the Federation of Bosnia and Herzegovina and the Republika Srpska. In 2017, Bosnia formally adopted the Policy of Electronic Communications of Bosnia and Herzegovina 2017-2021, which is largely aligned with the Digital Agenda of Europe [x]. This vision of a Bosnian digital society is a key milestone for the country’s emerging cyber diplomatic apparatus as it clearly identifies the foundational pillars of the country’s ICT ecosystem, which in turn will assist in bringing it into closer alignment with European cyber priorities.

At the first substantive session of the 2021-2025 UNGGE, recalling its status as a potential candidate of the EU, Bosnia and Herzegovina aligned itself with the EU’s statement that the existing corpus of international law, notably the UN Charter, international humanitarian law, and international human rights law, apply in cyberspace in its entirety. In particular, this includes the principle of state sovereignty, sovereign equality, the settlement of disputes by peaceful means, the provision of the use of force non-intervention in the internal affairs of other states, and the respect for human rights and fundamental freedoms as principles of international law that are applicable to states use of ICTs in cyberspace. [x] Nevertheless, it has consistently refrained from aligning itself with the EU position in a number of key resolutions at the United Nations, including resolutions A/73/27 and A/74/29.

At the first substantive session of the 2021-2025 UNGGE, Bosnia and Herzegovina aligned itself with the EU’s position that the previous UNGGE and OEWG reports, including corresponding UNGA resolutions adopted by consensus, form the unequivocal basis for “any further discussions on the position, role, and implementation of the voluntary non-binding norms, rules and principles of state behaviour in cyberspace (norms)” [x]. In 2018, however, it voted in favour of Russian-sponsored resolution A/73/27, which launched the Open-Ended Working Group (OEWG) format.

The country has no overarching cybersecurity strategy. Elements of strategic contemplation over cybersecurity can be found within the Criminal Code, which criminalises critical infrastructure damage (including that of information systems) as an act of terrorism. The 2015-2020 Strategy for Prevention and Combating Terrorism reiterates an objective laid out in earlier documents regarding the setup of a dedicated national CERT that will develop and implement monitoring and response mechanisms vis-a-vis the misuse of the Internet for terrorist purposes. Bosnia and Herzegovina has been exploring potential avenues of cooperation with NATO, especially in relation to common solutions to security challenges in the area of cyber defence [x], while Bosnian scientists have also participated in the NATO SPS Programme. Finally, as a member state of the OSCE, Bosnia and Herzegovina is required to implement the OSCE’s 16 Confidence Building Measures (CBMs) as adopted by the OSCE Permanent Council.

Bosnia and Herzegovina is a party to the Budapest Convention on Cybercrime, officially acceding in 2006. As of 2019, however, domestic legislation at the state level had only been partially harmonised with Budapest provisions [x]. The country voted against the Russian-sponsored UN resolution that launched the institutional procedure for a new legal instrument on international cybercrime cooperation. Bosnian law enforcement regularly cooperates with Europol and is due to open negotiations for a cooperation agreement with Eurojust [x].