Agreement between the official delegates of the Republic of Croatia and the JNA

Country/entity
Croatia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Agreement between the official delegates of the Republic of Croatia and the JNA
Date
22 Nov 1991
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Ceasefire/related
Conflict nature
Government/territory
Peace process
Croatia negotiation process
Parties
REPRESENTATIVE OF THE GOVERNMENT OF THE REPUBLIC CROATIA (signature illegible)
COMMISSIONER OF THE ARMED FORCES OF SFRY: Lieutenant Colonel General Andrija Rašeta
Third parties
COSIGNATORY OF THE PMEZ (signature illegible)
Description
This agreement provides for the withdrawal of the Yugoslav National Army (JNA) from the Republic of Croatia. The Croatian government commits to facilitating the column and safe passage for JNA personnel and their families.


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons

No specific mention.

Social class

No specific mention.


Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family
Page 1, I
The Government of the Republic Croatia guarantees free and secure leave, outside the territory of the Republic Croatia, of all members of military units, institutions and commands of the JNA mentioned in the Overview of units, commands and institutions of the JNA, which will be reassigned from the area of the Republic Croatia (numbers from 1 to 15), which is a constitutional part of this Agreement. Under the notion of units, institutions and commands of the JNA we understand the officers, junior officers, military officials, civilian personnel at duty in the JNA, soldiers, cadets and students of military secondary school. The same guarantee is made to the members of the families of the mentioned categories of the members of the JNA.

Page 2, IV
The Government of the Republic Croatia guarantees personal safety, inviolability of private property and the right to undisturbed usage of apartments to the members of the units, institutions and commands of the JNA who do not want to leave the area of Zagreb or the territory of the Republic Croatia after their time of duty in the JNA has run out, and to the members of their families. The same guarantee is made to the members of the families of the members of the units, institutions and commands of the JNA, mentioned in the Overview (from 1 to 15), which together with the units, institutions and commands leave the territory of the Republic Croatia, but, after the time of duty in the JNA has run out, intend to return to the Republic Croatia.

Page 2, V
In accordance with the aforesaid agreement, the Government of the Republic Croatia will not hinder the members of the JNA to visit their families on the territory of the Republic Croatia, and the members of the families to visit the JNA members in their new residences. ...The Government of the Republic Croatia will make certain that the JNA members will be able to, without hindrance, sent to their families on the territory of the Republic Croatia money and other deliveries by the post, by railway, by ship or plane, so that the families of the JNA members would not become a social problem of the Republic Croatia.

Page 2, VI
The private vehicles of the JNA members and their families with the movable property (furniture, etc.) will be joined to the motorized columns of the units, institutions and commands of the JNA, and it will not be hindered by the governmental bodies of the Republic Croatia...

State definition

Nature of state (general)

No specific mention.

State configuration

No specific mention.

Self determination

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation

No specific mention.

Cross-border provision

No specific mention.


Governance

Political institutions (new or reformed)

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

No specific mention.

Traditional/religious leaders

No specific mention.

Public administration

No specific mention.

Constitution

No specific mention.


Power sharing

Political power sharing

No specific mention.

Territorial power sharing

No specific mention.

Economic power sharing

No specific mention.

Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general

No specific mention.

Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights

No specific mention.

Socio-economic rights

No specific mention.


Rights related issues

Citizenship

No specific mention.

Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication

No specific mention.

Mobility/access
Page 2, V
In accordance with the aforesaid agreement, the Government of the Republic Croatia will not hinder the members of the JNA to visit their families on the territory of the Republic Croatia, and the members of the families to visit the JNA members in their new residences. ...The Government of the Republic Croatia will make certain that the JNA members will be able to, without hindrance, sent to their families on the territory of the Republic Croatia money and other deliveries by the post, by railway, by ship or plane, so that the families of the JNA members would not become a social problem of the Republic Croatia.
Protection measures

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees

No specific mention.

Ceasefire
Security sector→Ceasefire→General commitments
[Summary] The agreement in its entirety provides for forces withdrawal modalities to facilitating a ceasefire and support earlier ceasefire agreements.
Police
[Summary] Page 3-4, XIII: See 'Withdrawal of Foreign Forces' for reference to military police.
Armed forces
Page 3, IX
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will, during the process of reassignment, return to the bodies of the Republic Croatia the entire weaponry, equipment and devices of the Territorial Defence of the Republic Croatia, which they kept or used according to the decision of the former headquarters of the Territorial Defence.
DDR
Security sector→DDR→Demilitarisation provisions
Page 3, XI
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement will commit themselves to clear of mines from all minefields that were set for securing military objects. The Transfer Commission will carry out the control, while the PMEZ will supervise it.
Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces

No specific mention.

Withdrawal of foreign forces
Page 1, I
The Government of the Republic Croatia guarantees free and secure leave, outside the territory of the Republic Croatia, of all members of military units, institutions and commands of the JNA mentioned in the Overview of units, commands and institutions of the JNA, which will be reassigned from the area of the Republic Croatia (numbers from 1 to 15), which is a constitutional part of this Agreement. Under the notion of units, institutions and commands of the JNA we understand the officers, junior officers, military officials, civilian personnel at duty in the JNA, soldiers, cadets and students of military secondary school. The same guarantee is made to the members of the families of the mentioned categories of the members of the JNA.

Page 1, II
The units, institutions and commands of the JNA (mentioned in the Overview under items from 1 to 15) will be reassigned from the territory of the Republic Croatia with the weaponry, ammunition, equipment and other moveable property that the units, institutions and commands are able to transport with their own transport means, as well as with supplementary transport means that will be given at their disposal by the JNA from the territory of the Republic Croatia or from other parts of SFR Yugoslavia. The Government of the Republic Croatia will make possible for the means engaged, the accompanying personnel and unarmed drivers to enter the territory of the Republic Croatia. It will be made possible to the technical groups of the JNA to repair the damaged combat technical equipment and material-technical means on the spot during the transport, and to later join the march column. This will be done in collaboration and under the supervision of the Ministry of the Interior of the Republic Croatia.

Page 1, III
The units, institutions and commands of the JNA, which will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will carry out the reassignment within at least 5 (five) days and 15 days at most from the day the Agreement was signed, which is determined in the Overview that is the constitutional part of the Agreement. In case of a higher force, the deadline will be prolonged. The board will determine any case of higher force, as it is said in Article XV of this Agreement.

Page 2, IV
The Government of the Republic Croatia guarantees personal safety, inviolability of private property and the right to undisturbed usage of apartments to the members of the units, institutions and commands of the JNA who do not want to leave the area of Zagreb or the territory of the Republic Croatia after their time of duty in the JNA has run out, and to the members of their families. The same guarantee is made to the members of the families of the members of the units, institutions and commands of the JNA, mentioned in the Overview (from 1 to 15), which together with the units, institutions and commands leave the territory of the Republic Croatia, but, after the time of duty in the JNA has run out, intend to return to the Republic Croatia.

Page 2, V
In accordance with the aforesaid agreement, the Government of the Republic Croatia will not hinder the members of the JNA to visit their families on the territory of the Republic Croatia, and the members of the families to visit the JNA members in their new residences. The joint commission for property and legal business, which will be determined by the Government of the Republic Croatia and the Federal Secretariat for National Defence, will solve the question of the exchange of apartments of those JNA members, who intend to do it. The Government of the Republic Croatia will make certain that the JNA members will be able to, without hindrance, sent to their families on the territory of the Republic Croatia money and other deliveries by the post, by railway, by ship or plane, so that the families of the JNA members would not become a social problem of the Republic Croatia.

Page 2, VI
The private vehicles of the JNA members and their families with the movable property (furniture, etc.) will be joined to the motorized columns of the units, institutions and commands of the JNA, and it will not be hindered by the governmental bodies of the Republic Croatia. The members of the JNA, who, for any reason whatsoever, cannot leave the Republic Croatia with the units, institutions and commands of the JNA, will be given the possibility to leave when they ask for it, without any hindrance.

Page 2, VII
The units, institutions and commands of the JNA, which are to be reassigned from the territory of the Republic Croatia, on the basis of this agreement, will hand over to the authorised bodies of the Republic Croatia all building structures that were used as they are, together with the equipment, installations, ground, with defective and intact military technical equipment, as well as with intact equipment, which is not to be transferred, for which each unit, institution and command of the JNA has to keep a special record. The moveable and immovable property that is handed over in such a way will be taken into consideration during the determination of the distribution balance. The units of the JNA guarantee that it will not damage the objects on purpose and other means that will be handed over. Possible damages will be kept in records.

Page 3, VII
The European Monitor Mission will supervise the departure, location and non-use of the
reassigned units of the JNA against the Republic Croatia.

Page 3, VIII
The handover of the military hospital at the disposal of the Republic Croatia will be executed on the basis of a specially reached Agreement. This agreement will regulate the specific quality of this institution. All decrees of this Agreement will be applied at the Agreement on the military hospital. The Agreement on the handover of the military hospital will be reached within seven (7) days from the day this Agreement was signed. A part of the Centre of the Military Technical School “I. Gošnjak” in Zagreb will be handed over, by commission, at the disposal of the bodies of the Republic Croatia within five (5) days from the days this Agreement becomes effective. The status of the “VZ” “Zmaj” will be regulated by the annex enclosed in this Agreement.

Page 3, IX
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will, during the process of reassignment, return to the bodies of the Republic Croatia the entire weaponry, equipment and devices of the Territorial Defence of the Republic Croatia, which they kept or used according to the decision of the former headquarters of the Territorial Defence.

Page 3, X
The units, institutions and commands of the JNA will be reassigned from the territory of the Republic Croatia to locations at least 20 km from the border of the Republic Croatia. These units, institutions and commands of the JNA will not be engaged in combat operations against the Republic Croatia. The European Monitor Mission (PMEZ) in accordance with the guidelines of the PMEZ, which are a constitutional part of this Agreement, will control this process.

Page 3, XI
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement will commit themselves to clear of mines from all minefields that were set for securing military objects. The Transfer Commission will carry out the control, while the PMEZ will supervise it.

Page 3, XII
The Government of the Republic Croatia will make possible that the units, institutions and commands of the Combat Air force and the Anti-Aircraft Defence that will be reassigned on the basis of this Agreement use transport aviation (with previous notification to the bodies of Republic Croatia).

Page 3-4, XIII
The Government of the Republic Croatia will guarantee that the units, institutions and commands of the JNA will not be attacked during the transport, and specially, that motorized members of the Ministry of the Interior of the Republic Croatia who will prevent from any armed provocation will accompany the columns. The bodies of the Ministry of the Interior will accompany the march columns to the separation lines with the armed formations of the Republic Croatia. At the head, in the middle and at the end of the column of the JNA there will be patrols of the military police of the JNA, which will collaborate with the bodies of the Ministry of the Interior and the monitor teams of the PMEZ.

Page 4, XIV
Both parties will organise one or more commission for solving technical problems during the transfer of the objects at the level of individual barracks.
Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation

No specific mention.


Implementation

UN signatory
COSIGNATORY OF THE PMEZ [the European Monitor mission] (signature illegible)
Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar
Page 3, VII
The European Monitor Mission will supervise the departure, location and non-use of the reassigned units of the JNA against the Republic Croatia.

Page 3, X
The units, institutions and commands of the JNA will be reassigned from the territory of the Republic Croatia to locations at least 20 km from the border of the Republic Croatia. These units, institutions and commands of the JNA will not be engaged in combat operations against the Republic Croatia. The European Monitor Mission (PMEZ) in accordance with the guidelines of the PMEZ, which are a constitutional part of this Agreement, will control this process.

Page 3, XI
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement will commit themselves to clear of mines from all minefields that were set for securing military objects. The Transfer Commission will carry out the control, while the PMEZ will supervise it.

Page 3-4, XIII
The Government of the Republic Croatia will guarantee that the units, institutions and commands of the JNA will not be attacked during the transport, and specially, that motorized members of the Ministry of the Interior of the Republic Croatia who will prevent from any armed provocation will accompany the columns. The bodies of the Ministry of the Interior will accompany the march columns to the separation lines with the armed formations of the Republic Croatia. At the head, in the middle and at the end of the column of the JNA there will be patrols of the military police of the JNA, which will collaborate with the bodies of the Ministry of the Interior and the monitor teams of the PMEZ.

Page 4, XV
A board will be established for the realisation of this Agreement, in the way that both parties will name two (2) members, while the fifth member will be a representative from the European Monitor Mission. The decisions in the board will be made by majority of votes.

Page 4, XVI
The monitor team of the European Union will supervise the realisation of the Agreement, take part in the work of the board in Article 15 and be the cosignatory of this Agreement.
Enforcement mechanism
Page 1, III
The units, institutions and commands of the JNA, which will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will carry out the reassignment within at least 5 (five) days and 15 days at most from the day the Agreement was signed, which is determined in the Overview that is the constitutional part of the Agreement. In case of a higher force, the deadline will be prolonged. The board will determine any case of higher force, as it is said in Article XV of this Agreement.

Page 4, XV
A board will be established for the realisation of this Agreement, in the way that both parties will name two (2) members, while the fifth member will be a representative from the European Monitor Mission. The decisions in the board will be made by majority of votes.

Page 4, XVI
The monitor team of the European Union will supervise the realisation of the Agreement, take part in the work of the board in Article 15 and be the cosignatory of this Agreement.
Related cases

No specific mention.

Source
Memorial of the Republic of Croatia, International Court of Justice, 1 March 2001, Annex 107. p. 220
http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=73&case=118&code=cry

AGREEMENT BETWEEN THE OFFICIAL DELEGATES OF THE REPUBLIC OF CROATIA AND THE JNA, 22 NOVEMBER 1991

In accordance with the conclusions of the Peace Conference on Yugoslavia in The Hague, the decisions of the Croatian Government on the reassignment from the territory of the Republic Croatia of Yugoslav People’s Army (in further text JNA) units, and the order of the Headquarters of the Supreme Command of the Armed Forces of SFR Yugoslavia, on 22 November 1991,Authorized representatives of the Croatian Government and the JNA reached in Zagreb the following

AGREEMENT

I

The Government of the Republic Croatia guarantees free and secure leave, outside the territory of the Republic Croatia, of all members of military units, institutions and commands of the JNA mentioned in the Overview of units, commands and institutions of the JNA, which will be reassigned from the area of the Republic Croatia (numbers from 1 to 15), which is a constitutional part of this Agreement.

Under the notion of units, institutions

and commands of the JNA we understand the officers, junior officers, military officials, civilian personnel at duty in the JNA, soldiers, cadets and students of military secondary school.

The same guarantee is made to the members of the families of the mentioned categories of the members of the JNA.

II

The units, institutions and commands of the JNA (mentioned in the Overview under items from 1 to 15) will be reassigned from the territory of the Republic Croatia with the weaponry, ammunition, equipment and other moveable property that the units, institutions and commands are able to transport with their own transport means, as well as with supplementary transport means that will be given at their disposal by the JNA from the

territory of the Republic Croatia or from other parts of SFR Yugoslavia.

The Government of the Republic Croatia will make possible for the means engaged, the accompanying personnel and unarmed drivers to enter the territory of the Republic Croatia.

It will be made possible to the technical groups of the JNA to repair the damaged combat technical equipment and material-technical means on the spot during the transport, and to later join the march column.

This will be done in collaboration and under the supervision of the Ministry of the Interior of the Republic Croatia.

III

The units, institutions and commands of the JNA, which will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will carry out the reassignment within at least 5 (five) days and 15 days at most from the day the Agreement was signed, which is determined in the Overview that is the constitutional part of the Agreement.

In case of a higher force, the deadline will be prolonged.

The board will

determine any case of higher force, as it is said in Article XV of this Agreement.

IV

The Government of the Republic Croatia guarantees personal safety, inviolability of private property and the right to undisturbed usage of apartments to the members of the units, institutions and commands of the JNA who do not want to leave the area of Zagreb or the territory of the Republic Croatia after their time of duty in the JNA has run out, and to the members of their families.

The same guarantee is made to the members of the families of the members of the units, institutions and commands of the JNA, mentioned in the Overview (from 1 to 15), which together with the units, institutions and commands leave the territory of the Republic Croatia, but, after the time of duty in the JNA has run out, intend to return to the Republic Croatia.

V

In accordance with the aforesaid agreement, the Government of the Republic Croatia will not hinder the members of the JNA to visit their families on the territory of the Republic Croatia, and the members of the families to visit the JNA members in their new residences.

The joint commission for property and legal business, which will be determined by the Government of the Republic Croatia and the Federal Secretariat for National Defence, will solve the question of the exchange of apartments of those JNA members, who intend to do it.

The Government of the Republic Croatia will make certain that the JNA members will be able to, without hindrance, sent to their families on the territory of the Republic Croatia money and other deliveries by the post, by railway, by ship or plane, so that the families of the JNA members would not become a social problem of the Republic Croatia.

VI

The private vehicles of the JNA members and their families with the movable property (furniture, etc.)

will be joined to the motorized columns of the units, institutions and commands of the JNA, and it will not be hindered by the governmental bodies of the Republic Croatia.

The members of the JNA, who, for any reason whatsoever, cannot leave the Republic Croatia with the units, institutions and commands of the JNA, will be given the possibility to leave when they ask for it, without any hindrance.

VII

The units, institutions and commands of the JNA, which are to be reassigned from the territory of the Republic Croatia, on the basis of this agreement, will hand over to the authorised bodies of the Republic Croatia all building structures that were used as they are, together with the equipment, installations, ground, with defective and intact military technical equipment, as well as with intact equipment, which is not to be transferred, for which each unit, institution and command of the JNA has to keep a special record.

The moveable and immovable property that is handed over in such a way will be taken into consideration during the determination of the distribution balance.

The units of the JNA guarantee that it will not damage the objects on purpose and other means that will be handed over.

Possible damages will be kept in records.

The European Monitor Mission will supervise the departure, location and non-use of the reassigned units of the JNA against the Republic Croatia.

VIII

The handover of the military hospital at the disposal of the Republic Croatia will be executed on the basis of a specially reached Agreement.

This agreement will regulate the specific quality of this institution.

All decrees of this Agreement will be applied at the Agreement on the military hospital.

The Agreement on the handover of the military hospital will be reached within seven (7) days from the day this Agreement was signed.

A part of the Centre of the Military Technical School “I. Gošnjak” in Zagreb will be handed over, by commission, at the disposal of the bodies of the Republic Croatia within five (5) days from the days this Agreement becomes effective.

The status of the “VZ” “Zmaj” will be regulated by the annex enclosed in this Agreement.

IX

The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will, during the process of reassignment, return to the bodies of the Republic Croatia the entire weaponry, equipment and devices of the Territorial Defence of the Republic Croatia, which they kept or used according to the decision of the former headquarters of the Territorial Defence.

X

The units, institutions and commands of the JNA will be reassigned from the territory of the Republic Croatia to locations at least 20 km from the border of the Republic Croatia.

These units, institutions and commands of the JNA will not be engaged in combat operations against the Republic Croatia.

The European Monitor Mission (PMEZ) in accordance with the guidelines of the PMEZ, which are a constitutional part of this Agreement, will control this process.

XI

The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement will commit themselves to clear of mines from all minefields that were set for securing military objects.

The Transfer Commission will carry out the control, while the PMEZ will supervise it.

XII

The Government of the Republic Croatia will make possible that the units, institutions and commands of the Combat Air force and the Anti-Aircraft Defence that will be reassigned on the basis of this Agreement use transport aviation (with previous notification to the bodies of Republic Croatia).

XIII

The Government of the Republic Croatia will guarantee that the units, institutions and commands of the JNA will not be attacked during the transport, and specially, that motorized members of the Ministry of the Interior of the Republic Croatia who will prevent from any armed provocation will accompany the columns.

The bodies of the Ministry of the Interior will accompany the march columns to the separation lines with the armed

formations of the Republic Croatia.

At the head, in the middle and at the end of the column of the JNA there will be patrols of the military police of the JNA, which will collaborate with the bodies of the Ministry of the Interior and the monitor teams of the PMEZ.

XIV

Both parties will organise one or more commission for solving technical problems during the transfer of the objects at the level of individual barracks.

XV

A board will be established for the realisation of this Agreement, in the way that both parties will name two (2) members, while the fifth member will be a representative from the European Monitor Mission.

The decisions in the board will be made by majority of votes.

XVI

The monitor team of the European Union will supervise the realisation of the Agreement, take part in the work of the board in Article 15 and be the cosignatory of this Agreement.

XVII

This Agreement is effective from the day it is signed, and the realisation will start the day after it was signed.

In Zagreb, 22 November 1991

REPRESENTATIVE OF THE GOVERNMENT OF THE REPUBLIC CROATIA (signature illegible)

COMMISSIONER OF THE ARMED FORCES OF SFRY Lieutenant Colonel General Andrija Rašeta

COSIGNATORY OF THE PMEZ (signature illegible)