| Table of Contents
The General Framework Agreement for Peace in BiH
Annex 1b - Agreement on Regional Stabilization
Annex 2 - Agreement on Inter-Entity Boundary Line and Related Issues
Annex 3 - Agreement on Elections
Annex 4 - Constitution
Annex 5 - Agreement on Arbitration
Annex 6 - Agreement on Human Rights
Annex 7 - Agreement on Refugees and Displaced Persons
Annex 8 - Agreement on the Commission to Preserve National Monuments
Annex 9 - Agreement on Bosnia and Herzegovina Public Corporations
Annex 10 - Agreement on Civilian Implementation
Annex 11 - Agreement on International Police Task Force
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Annex 1A - Agreement on the Military Aspects of the Peace
SettlementThe Republic of Bosnia and Herzegovina, the Federation of Bosnia
and Herzegovina, and the Republika Srpska (hereinafter the "Parties")
have agreed as follows:
Article I: General Obligations
- The Parties undertake to recreate as quickly as
possible normal conditions of life in Bosnia and Herzegovina.
They understand that this requires a major contribution on their
part in which they will make strenuous efforts to cooperate
with each other and with the international organizations and
agencies which are assisting them on the ground. They welcome
the willingness of the international community to send to the
region, for a period of approximately one year, a force to assist
in implementation of the territorial and other militarily related
provisions of the agreement as described herein.
- The United Nations Security Council is invited
to adopt a resolution by which it will authorize Member
States or regional organizations and arrangements to establish
a multinational military Implementation Force (hereinafter
"IFOR"). The Parties understand and agree that
this Implementation Force may be composed of ground, air
and maritime units from NATO and non- NATO nations, deployed
to Bosnia and Herzegovina to help ensure compliance with
the provisions of this Agreement (hereinafter "Annex").
The Parties understand and agree that the IFOR will begin
the implementation of the military aspects of this Annex
upon the transfer of authority from the UNPROFOR Commander
to the IFOR Commander (hereinafter "Transfer of Authority"),
and that until the Transfer of Authority, UNPROFOR will
continue to exercise its mandate.
- It is understood and agreed that NATO may establish
such a force, which will operate under the authority and
subject to the direction and political control of the North
Atlantic Council ("NAC") through the NATO chain
of command. They undertake to facilitate its operations.
The Parties, therefore, hereby agree and freely undertake
to fully comply with all obligations set forth in this Annex.
- It is understood and agreed that other States
may assist in implementing the military aspects of this
Annex. The Parties understand and agree that the modalities
of those States' participation will be the subject of agreement
between such participating States and NATO.
- The purposes of these obligations are as follows:
- to establish a durable cessation of hostilities.
Neither Entity shall threaten or use force against the other
Entity, and under no circumstances shall any armed forces
of either Entity enter into or stay within the territory
of the other Entity without the consent of the government
of the latter and of the Presidency of Bosnia and Herzegovina.
All armed forces in Bosnia and Herzegovina shall operate
consistently with the sovereignty and territorial integrity
of Bosnia and Herzegovina;
- to provide for the support and authorization
of the IFOR and in particular to authorize the IFOR to take
such actions as required, including the use of necessary
force, to ensure compliance with this Annex, and to ensure
its own protection; and
- to establish lasting security and arms control
measures as outlined in Annex 1-B to the General Framework
Agreement, which aim to promote a permanent reconciliation
between all Parties and to facilitate the achievement of
all political arrangements agreed to in the General Framework
Agreement.
- The Parties understand and agree that within Bosnia
and Herzegovina the obligations undertaken in this Annex shall
be applied equally within both Entities. Both Entities shall
be held equally responsible for compliance herewith, and both
shall be equally subject to such enforcement action by the IFOR
as may be necessary to ensure implementation of this Annex and
the protection of the IFOR.
Article
II: Cessation of Hostilities
- The Parties shall comply with the cessation of
hostilities begun with the agreement of October 5, 1995 and
shall continue to refrain from all offensive operations of any
type against each other. An offensive operation in this case
is an action that includes projecting forces or fire forward
of a Party's own lines. Each Party shall ensure that all personnel
and organizations with military capability under its control
or within territory under its control, including armed civilian
groups, national guards, army reserves, military police, and
the Ministry of Internal Affairs Special Police (MUP) (hereinafter
"Forces") comply with this Annex. The term "Forces"
does not include UNPROFOR, the International Police Task Force
referred to in the General Framework Agreement, the IFOR or
other elements referred to in Article I, paragraph 1 (c).
- In carrying out the obligations set forth in paragraph
1, the Parties undertake, in particular, to cease the firing
of all weapons and explosive devices except as authorized by
this Annex. The Parties shall not place any additional minefields,
barriers, or protective obstacles. They shall not engage in
patrolling, ground or air reconnaissance forward of their own
force positions, or into the Zones of Separation as provided
for in Article IV below, without IFOR approval.
- The Parties shall provide a safe and secure environment
for all persons in their respective jurisdictions, by maintaining
civilian law enforcement agencies operating in accordance with
internationally recognized standards and with respect for internationally
recognized human rights and fundamental freedoms, and by taking
such other measures as appropriate. The Parties also commit
themselves to disarm and disband all armed civilian groups,
except for authorized police forces, within 30 days after the
Transfer of Authority.
- The Parties shall cooperate fully with any international
personnel including investigators, advisors, monitors, observers,
or other personnel in Bosnia and Herzegovina pursuant to the
General Framework Agreement, including facilitating free and
unimpeded access and movement and by providing such status as
is necessary for the effective conduct of their tasks.
- The Parties shall strictly avoid committing any
reprisals, counter-attacks, or any unilateral actions in response
to violations of this Annex by another Party. The Parties shall
respond to alleged violations of the provisions of this Annex
through the procedures provided in Article VIII.
Article
III: Withdrawal of Foreign Forces
- All Forces in Bosnia and Herzegovina as of the
date this Annex enters into force which are not of local origin,
whether or not they are legally and militarily subordinated
to the Republic of Bosnia and Herzegovina, the Federation of
Bosnia and Herzegovina, or Republika Srpska, shall be withdrawn
together with their equipment from the territory of Bosnia and
Herzegovina within thirty (30) days. Furthermore, all Forces
that remain on the territory of Bosnia and Herzegovina must
act consistently with the territorial integrity, sovereignty,
and political independence of Bosnia and Herzegovina. In accordance
with Article II, paragraph 1, this paragraph does not apply
to UNPROFOR, the International Police Task Force referred to
in the General Framework Agreement, the IFOR or other elements
referred to in Article I, paragraph 1 (c).
- In particular, all foreign Forces, including individual
advisors, freedom fighters, trainers, volunteers, and personnel
from neighboring and other States, shall be withdrawn from the
territory of Bosnia and Herzegovina in accordance with Article
III, paragraph 1.
Article
IV: Redeployment of Forces
The Republic of Bosnia and Herzegovina and the Entities shall
redeploy their Forces in three phases:
Phase I
The Parties immediately after this Annex enters into force shall
begin promptly and proceed steadily to withdraw all Forces behind
a Zone of Separation which shall be established on either side
of the Agreed Cease-Fire Line that represents a clear and distinct
demarcation between any and all opposing Forces. This withdrawal
shall be completed within thirty (30) days after the Transfer
of Authority. The precise Agreed Cease-Fire Line and Agreed Cease-
Fire Zone of Separation are indicated on the maps at Appendix
A of this Annex.
The Agreed Cease-Fire Zone of Separation shall extend for a distance
of approximately two (2) kilometers on either side of the Agreed
Cease-Fire Line. No weapons other than those of the IFOR are permitted
in this Agreed Cease-Fire Zone of Separation except as provided
herein. No individual may retain or possess any military weapons
or explosives within this four kilometer Zone without specific
approval of the IFOR. Violators of this provision shall be subject
to military action by the IFOR, including the use of necessary
force to ensure compliance.
In addition to the other provisions of this Annex, the following
specific provisions shall also apply to Sarajevo and Gorazde:
Sarajevo
Within seven (7) days after the Transfer of Authority, the
Parties shall transfer and vacate selected positions along the
Agreed Cease- Fire Line according to instructions to be issued
by the IFOR Commander.
The Parties shall complete withdrawal from the Agreed Cease-Fire
Zone of Separation in Sarajevo within thirty (30) days after
the Transfer of Authority, in accordance with Article IV, paragraph
2. The width of this Zone of Separation will be approximately
one (l) kilometer on either side of the Agreed Cease-Fire Line.
However, this Zone of Separation may be adjusted by the IFOR
Commander either to narrow the Zone of Separation?to take account
of the urban area of Sarajevo or to widen the Zone of Separation
up to two (2) kilometers on either side of the Agreed Cease-Fire
Line to take account of more open terrain.
Within the Agreed Cease-Fire Zone of Separation, no individual
may retain or possess any weapons or explosives, other than
a member of the IFOR or the local police exercising official
duties as authorized by the IFOR in accordance with Article
IV, paragraph 2(b).
The Parties understand and agree that violators of subparagraphs
(1), (2) and (3) above shall be subject to military action by
the IFOR, including the use of necessary force to ensure compliance.
Gorazde
The Parties understand and agree that a two lane all-weather
road will be constructed in the Gorazde Corridor. Until such
road construction is complete, the two interim routes will be
used by both Entities.
The Grid coordinates for these alternate routes are (Map References:
Defense Mapping Agency 1:50,000 Topographic Line Maps, Series
M709, Sheets 2782-1, 2782-2, 2782-3, 2782-4, 2881-4, 2882-1,
2882-2, 2882-3, and 2882-4; Military Grid Reference System grid
coordinates referenced to World Geodetic System 84 (Horizontal
Datum):
Interim Route 1: From Gorazde (34TCP361365), proceed northeast
following Highway 5 along the Drina River to the Ustipraca area
(34TCP456395). At that point, proceed north on Highway 19-3
through Rogatica (34TCP393515) continuing northwest past Stienice
(34TCP294565) to the road intersection at Podromanija (34TCP208652).
From this point, proceed west following Highway 19 to where
it enters the outskirts of Sarajevo (34TBP950601).
Interim Route 2: From Gorazde (34TCP361365), proceed south
following Highway 20. Follow Highway 20 through Ustinkolina
(34TCP218281). Continue south following Highway 20 passing Foca
along the west bank of the Drina River (34TCP203195) to a point
(34TCP175178) where the route turns west following Highway 18.
From this point, follow Highway 18 south of Miljevina (34TCP097204)
continuing through Trnovo (34TBP942380) north to the outskirts
of Sarajevo where it enters the town at Vaskovici (34TBP868533).
There shall be complete freedom of movement along these routes
for civilian traffic. The Parties shall only utilize these interim
routes for military forces and equipment as authorized by and
under the control and direction of the IFOR. In this regard,
and in order to reduce the risk to civilian traffic, the IFOR
shall have the right to manage movement of military and civilian
traffic from both Entities along these routes.
The Parties understand and agree that violators of subparagraph
(1) shall be subject to military action by the IFOR, including
the use of necessary force to ensure compliance.
The Parties pledge as a confidence building measure that they
shall not locate any Forces or heavy weapons as defined in paragraph
5 of this Article within two (2) kilometers of the designated
interim routes. Where those routes run in or through the designated
Zones of Separation, the provisions relating to Zones of Separation
in this Annex shall also apply.
The Parties immediately after this Annex enters into force shall
begin promptly and proceed steadily to complete the following
activities within thirty (30) days after the Transfer of Authority
or as determined by the IFOR Commander: (1) remove, dismantle
or destroy all mines, unexploded ordnance, explosive devices,
demolitions, and barbed or razor wire from the Agreed Cease-Fire
Zone of Separation or other areas from which their Forces are
withdrawn; (2) mark all known mine emplacements, unexploded ordnance,
explosive devices and demolitions within Bosnia and Herzegovina;
and (3) remove, dismantle or destroy all mines, unexploded ordnance,
explosive devices and demolitions as required by the IFOR Commander.
The IFOR is authorized to direct that any military personnel,
active or reserve, who reside within the Agreed Cease-Fire Zone
of Separation register with the appropriate IFOR Command Post
referred to in Article VI which is closest to their residence.
PHASE II (AS REQUIRED IN SPECIFIC LOCATIONS)
This phase applies to those locations where the Inter-Entity
Boundary Line does not follow the Agreed Cease-Fire Line.
In those locations in which, pursuant to the General Framework
Agreement, areas occupied by one Entity are to be transferred
to another Entity, all Forces of the withdrawing Entity shall
have forty-five (45) days after the Transfer of Authority to completely
vacate and clear this area. This shall include the removal of
all Forces as well as the removal, dismantling or destruction
of equipment, mines, obstacles, unexploded ordnance, explosive
devices, demolitions, and weapons. In those areas being transferred
to a different Entity, in order to provide an orderly period of
transition, the Entity to which an area is transferred shall not
put Forces in this area for ninety (90) days after the Transfer
of Authority or as determined by the IFOR Commander. The Parties
understand and agree that the IFOR shall have the right to provide
the military security for these transferred areas from thirty
(30) days after the Transfer of Authority until ninety-one (91)
days after the Transfer of Authority, or as soon as possible as
determined by the IFOR Commander, when these areas may be occupied
by the Forces of the Entity to which they are transferred. Upon
occupation by the Entity to which the area is transferred, a new
Zone of Separation along the Inter-Entity Boundary Line as indicated
on the map at Appendix A shall be established by the IFOR, and
the Parties shall observe the same limitations on the presence
of Forces and weapons in this Zone as apply to the Agreed Cease-Fire
Zone of Separation.
The IFOR is authorized to direct that any military personnel,
active or reserve, who reside within the Inter-Entity Zone of
Separation register with the appropriate IFOR Command Post referred
to in Article VI which is closest to their residence.
GENERAL. The following provisions apply to Phases
I and II:
- In order to provide visible indication, the IFOR
shall supervise the selective marking of the Agreed Cease-Fire
Line and its Zone of Separation, and the Inter-Entity Boundary
Line and its Zone of Separation. Final authority for placement
of such markers shall rest with the IFOR. All Parties understand
and agree that the Agreed Cease-Fire Line and its Zone of Separation
and the Inter-Entity Boundary Line and its Zone of Separation
are defined by the maps and documents agreed to as part of the
General Framework Agreement and not the physical location of
markers.
- All Parties understand and agree that they shall
be subject to military action by the IFOR, including the use
of necessary force to ensure compliance, for:
- failure to remove all their Forces and unauthorized
weapons from the four (4) kilometer Agreed Cease-Fire Zone
of Separation within thirty (30) days after the Transfer
of Authority, as provided in Article IV, paragraph 2(a)
and (b) above;
- failure to vacate and clear areas being transferred
to another Entity within forty-five (45) days after the
Transfer of Authority, as provided in Article IV, paragraph
3(a) above;
- deploying Forces within areas transferred from
another Entity earlier than ninety (90) days after the Transfer
of Authority or as determined by the IFOR Commander, as
provided in Article IV, paragraph 3(a) above;
- failure to keep all Forces and unauthorized
weapons outside the Inter-Entity Zone of Separation after
this Zone is declared in effect by the IFOR, as provided
in Article IV, paragraph 3(a) above; or
- violation of the cessation of hostilities as
agreed to by the Parties in Article II.
PHASE III
The Parties pledge as confidence building measures that they
shall:
- within 120 days after the Transfer of Authority
withdraw all heavy weapons and Forces to cantonment/barracks
areas or other locations as designated by the IFOR Commander.
"Heavy weapons" refers to all tanks and armored vehicles,
all artillery 75 mm and above, all mortars 81 mm and above,
and all anti-aircraft weapons 20 mm and above. This movement
of these Forces to cantonment/barracks areas is intended to
enhance mutual confidence by the Parties in the success of this
Annex and help the overall cause of peace in Bosnia and Herzegovina.
- within 120 days after the Transfer of Authority
demobilize Forces which cannot be accommodated in cantonment/barracks
areas as provided in subparagraph (a) above. Demobilization
shall consist of removing from the possession of these personnel
all weapons, including individual weapons, explosive devices,
communications equipment, vehicles, and all other military equipment.
All personnel belonging to these Forces shall be released from
service and shall not engage in any further training or other
military activities.
Notwithstanding any other provision of this Annex, the Parties
understand and agree that the IFOR has the right and is authorized
to compel the removal, withdrawal, or relocation of specific Forces
and weapons from, and to order the cessation of any activities
in, any location in Bosnia and Herzegovina whenever the IFOR determines
such Forces, weapons or activities to constitute a threat or potential
threat to either the IFOR or its mission, or to another Party.
Forces failing to redeploy, withdraw, relocate, or to cease threatening
or potentially threatening activities following such a demand
by the IFOR shall be subject to military action by the IFOR, including
the use of necessary force to ensure compliance, consistent with
the terms set forth in Article I, paragraph 3.
Article V:
Notifications
- Immediately upon establishment of the Joint Military
Commission provided for in Article VIII, each Party shall furnish
to the Joint Military Commission information regarding the positions
and descriptions of all known unexploded ordnance, explosive
devices, demolitions, minefields, booby traps, wire entanglements,
and all other physical or military hazards to the safe movement
of any personnel within Bosnia and Herzegovina, as well as the
location of lanes through the Agreed Cease-Fire Zone of Separation
which are free of all such hazards. The Parties shall keep the
Joint Military Commission updated on changes in this information.
- Within thirty (30) days after the Transfer of Authority,
each Party shall furnish to the Joint Military Commission the
following specific information regarding the status of its Forces
within Bosnia and Herzegovina and shall keep the Joint Military
Commission updated on changes in this information:
- location, type, strengths of personnel and
weaponry of all Forces within ten (10) kilometers of the
Agreed Cease-Fire Line and Inter-Entity Boundary Line.
- maps depicting the forward line of troops and
front lines;
- positions and descriptions of fortifications,
minefields, unexploded ordnance, explosive devices, demolitions,
barriers, and other man-made obstacles, ammunition dumps,
command headquarters, and communications networks within
ten (10) kilometers of the Agreed Cease-Fire Line or Inter-Entity
Boundary Line;
- positions and descriptions of all surface to
air missiles/launchers, including mobile systems, anti-
aircraft artillery, supporting radars and associated command
and control systems;
- positions and descriptions of all mines, unexploded
ordnance, explosive devices, demolitions, obstacles, weapons
systems, vehicles, or any other military equipment which
cannot be removed, dismantled or destroyed under the provisions
of Article IV, paragraphs 2(d) and 3(a); and
- any further information of a military nature
as requested by the IFOR.
- Within 120 days after the Transfer of Authority, the Parties
shall furnish to the Joint Military Commission the following
specific information regarding the status of their Forces in
Bosnia and Herzegovina and shall keep the Joint Military Commission
updated on changes in this information:
- location, type, strengths of personnel and
weaponry of all Forces;
- maps depicting the information in sub-paragraph
(a) above;
- positions and descriptions of fortifications,
minefields, unexploded ordnance, explosive devices, demolitions,
barriers, and other man-made obstacles, ammunition dumps,
command headquarters, and communications networks; and
- any further information of a military nature
as requested by the IFOR.
Article
VI: Deployment of the Implementation Force
Recognizing the need to provide for the effective implementation
of the provisions of this Annex, and to ensure compliance, the
United Nations Security Council is invited to authorize Member
States or regional organizations and arrangements to establish
the IFOR acting under Chapter VII of the United Nations Charter.
The Parties understand and agree that this Implementation Force
may be composed of ground, air and maritime units from NATO and
non-NATO nations, deployed to Bosnia and Herzegovina to help ensure
compliance with the provisions of this Annex. The Parties understand
and agree that the IFOR shall have the right to deploy on either
side of the Inter-Entity Boundary Line and throughout Bosnia and
Herzegovina.
The Parties understand and agree that the IFOR shall have the
right:
- to monitor and help ensure compliance by all Parties
with this Annex (including, in particular, withdrawal and redeployment
of Forces within agreed periods, and the establishment of Zones
of Separation);
- to authorize and supervise the selective marking
of the Agreed Cease-Fire Line and its Zone of Separation and
the Inter-Entity Boundary Line and its Zone of Separation as
established by the General Framework Agreement;
- to establish liaison arrangements with local civilian
and military authorities and other international organizations
as necessary for the accomplishment of its mission;
- and to assist in the withdrawal of UN Peace Forces
not transferred to the IFOR, including, if necessary, the emergency
withdrawal of UNCRO Forces.
The Parties understand and agree that the IFOR shall have the
right to fulfill its supporting tasks, within the limits of its
assigned principal tasks and available resources, and on request,
which include the following:
- to help create secure conditions for the conduct
by others of other tasks associated with the peace settlement,
including free and fair elections;
- to assist the movement of organizations in the
accomplishment of humanitarian missions;
- to assist the UNHCR and other international organizations
in their humanitarian missions;
- to observe and prevent interference with the movement
of civilian populations, refugees, and displaced persons, and
to respond appropriately to deliberate violence to life and
person; and,
- to monitor the clearing of minefields and obstacles.
The Parties understand and agree that further directives from
the NAC may establish additional duties and responsibilities for
the IFOR in implementing this Annex.
The Parties understand and agree that the IFOR Commander shall
have the authority, without interference or permission of any
Party, to do all that the Commander judges necessary and proper,
including the use of military force, to protect the IFOR and to
carry out the responsibilities listed above in paragraphs 2, 3
and 4, and they shall comply in all respects with the IFOR requirements.
The Parties understand and agree that in carrying out its responsibilities,
the IFOR shall have the unimpeded right to observe, monitor, and
inspect any Forces, facility or activity in Bosnia and Herzegovina
that the IFOR believes may have military capability. The refusal,
interference, or denial by any Party of this right to observe,
monitor, and inspect by the IFOR shall constitute a breach of
this Annex and the violating Party shall be subject to military
action by the IFOR, including the use of necessary force to ensure
compliance with this Annex.
The Army of the Republic of Bosnia and Herzegovina, the Croat
Defense Council Forces, and the Army of Republika Srpska shall
establish Command Posts at IFOR brigade, battalion, or other levels
which shall be co-located with specific IFOR command Vocations,
as determined by the IFOR Commander. These Command Posts shall
exercise command and control over all Forces of their respective
sides which are located within ten (10) kilometers of the Agreed
Cease-Fire Line or Inter-Entity Boundary Line, as specified by
the IFOR. The Command Posts shall provide, at the request of the
IFOR, timely status reports on organizations and troop levels
in their areas.
In addition to co-located Command Posts, the Army of the Republic
of Bosnia and Herzegovina, the Croat Defense Council Forces, and
the Army of Republika Srpska shall maintain liaison teams to be
co-located with the IFOR Command, as determined by the IFOR Commander,
for the purpose of fostering communication, and preserving the
overall cessation of hostilities.
Air and surface movements in Bosnia and Herzegovina shall be
governed by the following provisions:
- The IFOR shall have complete and unimpeded freedom
of movement by ground, air, and water throughout Bosnia and
Herzegovina. It shall have the right to bivouac, maneuver, billet,
and utilize any areas or facilities to carry out its responsibilities
as required for its support, training, and operations, with
such advance notice as may be practicable. The IFOR and its
personnel shall not be liable for any damages to civilian or
government property caused by combat or combat related activities.
Roadblocks, checkpoints or other impediments to IFOR freedom
of movement shall constitute a breach of this Annex and the
violating Party shall be subject to military action by the IFOR,
including the use of necessary force to ensure compliance with
this Annex.
- The IFOR Commander shall have sole authority to
establish rules and procedures governing command and control
of airspace over Bosnia and Herzegovina to enable civilian air
traffic and non- combat air activities by the military or civilian
authorities in Bosnia and Herzegovina, or if necessary to terminate
civilian air traffic and non- combat air activities.
The Parties understand and agree there shall be no military
air traffic, or non-military aircraft performing military
missions, including reconnaissance or logistics, without
the express permission of the IFOR Commander. The only military
aircraft that may be authorized to fly in Bosnia and Herzegovina
are those being flown in support of the IFOR, except with
the express permission of the IFOR. Any flight activities
by military fixed- wing or helicopter aircraft within Bosnia
and Herzegovina without the express permission of the IFOR
Commander are subject to military action by the IFOR, including
the use of necessary force to ensure compliance.
All air early warning, air defense, or fire control radars
shall be shut down within 72 hours after this Annex enters
into force, and shall remain inactive unless authorized
by the IFOR Commander. Any use of air traffic, air early
warning, air defense or fire control radars not authorized
by the IFOR Commander shall constitute a breach of this
Annex and the violating Party shall be subject to military
action by the IFOR, including the use of necessary force
to ensure compliance.
The Parties understand and agree that the IFOR Commander
will implement the transfer to civilian control of air space
over Bosnia and Herzegovina to the appropriate institutions
of Bosnia and Herzegovina in a gradual fashion consistent
with the objective of the IFOR to ensure smooth and safe
operation of an air traffic system upon IFOR departure.
- The IFOR Commander is authorized to promulgate
appropriate rules for the control and regulation of surface
military traffic throughout Bosnia and Herzegovina, including
the movement of the Forces of the Parties. The Joint Military
Commission referred to in Article VIII may assist in the development
and promulgation of rules related to military movement.
The IFOR shall have the right to utilize such means and services
as required to ensure its full ability to communicate and shall
have the right to the unrestricted use of all of the electromagnetic
spectrum for this purpose. In implementing this right, the IFOR
shall make every reasonable effort to coordinate with and take
into account the needs and requirements of the appropriate authorities.
All Parties shall accord the IFOR and its personnel the assistance,
privileges, and immunities set forth at Appendix B of this Annex,
including the unimpeded transit through, to, over and on the territory
of all Parties.
All Parties shall accord any military elements as referred to
in Article I, paragraph l(c) and their personnel the assistance,
privileges and immunities referred to in Article VI, paragraph
11.
Article
VII: Withdrawal of UNPROFOR
It is noted that as a consequence of the forthcoming introduction
of the IFOR into the Republic of Bosnia and Herzegovina, the conditions
for the withdrawal of the UNPROFOR established by United Nations
Security Council Resolution 743 have been met. It is requested
that the United Nations, in consultation with NATO, take all necessary
steps to withdraw the UNPROFOR from Bosnia and Herzegovina, except
those parts incorporated into the IFOR.
Article
VIII: Establishment of a Joint Military Commission
A Joint Military Commission (the "Commission") shall
be established with the deployment of the IFOR to Bosnia and Herzegovina.
The Commission shall:
- Serve as the central body for all Parties to this
Annex to bring any military complaints, questions, or problems
that require resolution by the IFOR Commander, such as allegations
of cease-fire violations or other noncompliance with this Annex.
- Receive reports and agree on specific actions to
ensure compliance with the provisions of this Annex by the Parties.
- Assist the IFOR Commander in determining and implementing
a series of local transparency measures between the Parties.
The Commission shall be chaired by the IFOR Commander or his
or her representative and consist of the following members:
- the senior military commander of the forces of
each Party within Bosnia and Herzegovina;
- other persons as the Chairman may determine;
- each Party to this Annex may also select two civilians
who shall advise the Commission in carrying out its duties;
- the High Representative referred to in the General
Framework Agreement or his or her nominated representative shall
attend Commission meetings, and offer advice particularly on
matters of a political- military nature.
The Commission shall not include any persons who are now or who
come under indictment by the International Tribunal for the Former
Yugoslavia.
The Commission shall function as a consultative body for the
IFOR Commander. To the extent possible, problems shall be solved
promptly by mutual agreement. However, all final decisions concerning
its military matters shall be made by the IFOR Commander.
The Commission shall meet at the call of the IFOR Commander. The High
Representative may when necessary request a meeting of the Commission.
The Parties may also request a meeting of the Commission.
The IFOR Commander shall have the right to decide on military matters,
in a timely fashion, when there are overriding considerations relating
to the safety of the IFOR or the Parties' compliance with the provisions
of this Annex.
The Commission shall establish subordinate military commissions
for the purpose of providing assistance in carrying out the functions
described above. Such commissions shall be at the brigade and
battalion level or at other echelons as the local IFOR Commander
shall direct and be composed of commanders from each of the Parties
and the IFOR. The representative of the High Representative shall
attend and offer advice particularly on matters of a political-military
nature. The local IFOR Commander shall invite local civilian authorities
when appropriate.
Appropriate liaison arrangements will be established between
the IFOR Commander and the High Representative to facilitate the
discharge of their respective responsibilities.
Article
IX: Prisoner Exchanges
The Parties shall release and transfer without delay all combatants
and civilians held in relation to the conflict (hereinafter "prisoners"),
in conformity with international humanitarian law and the provisions
of this Article.
- The Parties shall be bound by and implement such
plan for release and transfer of all prisoners as may be developed
by the ICRC, after consultation with the Parties.
- The Parties shall cooperate fully with the ICRC
and facilitate its work in implementing and monitoring the plan
for release and transfer of prisoners.
- No later than thirty (30) days after the Transfer
of Authority, the Parties shall release and transfer all prisoners
held by them.
- In order to expedite this process, no later than
twenty-one (21) days after this Annex enters into force, the
Parties shall draw up comprehensive lists of prisoners and shall
provide such lists to the ICRC, to the other Parties, and to
the Joint Military Commission and the High Representative. These
lists shall identify prisoners by nationality, name, rank (if
any) and any internment or military serial number, to the extent
applicable.
- The Parties shall ensure that the ICRC enjoys full
and unimpeded access to all places where prisoners are kept
and to all prisoners. The Parties shall permit the ICRC to privately
interview each prisoner at least forty-eight (48) hours prior
to his or her release for the purpose of implementing and monitoring
the plan, including determination of the onward destination
of each prisoner.
- The Parties shall take no reprisals against any
prisoner or his/her family in the event that a prisoner refuses
to be transferred.
- Notwithstanding the above provisions, each Party
shall comply with any order or request of the International
Tribunal for the Former Yugoslavia for the arrest, detention,
surrender of or access to persons who would otherwise be released
and transferred under this Article, but who are accused of violations
within the jurisdiction of the Tribunal. Each Party must detain
persons reasonably suspected of such violations for a period
of time sufficient to permit appropriate consultation with Tribunal
authorities.
In those cases where places of burial, whether individual or
mass, are known as a matter of record, and graves are actually
found to exist, each Party shall permit graves registration personnel
of the other Parties to enter, within a mutually agreed period
of time, for the limited purpose of proceeding to such graves,
to recover and evacuate the bodies of deceased military and civilian
personnel of that side, including deceased prisoners.
Article X: Cooperation
The Parties shall cooperate fully with all entities involved
in implementation of this peace settlement, as described in the
General Framework Agreement, or which are otherwise authorized
by the United Nations Security Council, including the International
Tribunal for the Former Yugoslavia.
Article
XI: Notification to Military Commands
Each Party shall ensure that the terms of this Annex, and written
orders requiring compliance, are immediately communicated to all
of its Forces.
Article
XII: Final Authority to Interpret
In accordance with Article I, the IFOR Commander is the final
authority in theatre regarding interpretation of this agreement
on the military aspects of the peace settlement, of which the
Appendices constitute an integral part.
Article
XIII: Entry into Force
This Annex shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
Endorsed:
For the Republic of Croatia
Endorsed:
For the Federal Republic of Yugoslavia
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