From that date, a person serving in the armed forces of another country could be regarded as having no duty of loyalty towards the Republic of Bosnia and Herzegovina. If the armed forces belonged to a country on territory within the area of the former SFRY and that country and the Republic of Bosnia and Herzegovina came to be in a state of war with each other, it could be concluded that the Republic of Bosnia and Herzegovina no longer had any duty of protection towards that person. Although the FBiH did not explain why such military service should result in the loss of a person’s occupancy right, the Constitutional Court considers that the cessation of the obligations of a resident’s loyalty to the state in which he or she resides and the state’s obligation to protect and advance the welfare of its residents, can provide a rational and objective justification for adoption of a measure which treats people differently on that ground.
The Constitutional Court of Bosnia and Herzegovina, U-83/03, 22 September 2004, para. 62.
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