Comprehensive Peace Agreement (Carter Agreement)

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Comprehensive Peace Agreement (Carter Agreement)
Date: 21 Dec 1994
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Signed 19 December 1994: Radovan Karadzic, Ratko Mladic
Signed 20 December 1994: Alija Izetbegovic, President, Rasim Delic, Supreme Commander
Signed 20 December 1994, Additional agreement to that of 19 December: Radovan Karadzic
Third parties: Jimmy Carter, Witness
Description: This agreement, signed in several versions over two days, provides for an immediate ceasefire monitored by UN forces, commencing negotiations for a total cessation of hostilities agreement, unrestricted movement of humanitarian aid, and an early exchange of detainees.

Agreement document: BA_941220_Comprehensive Peace Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: Groups→Elderly/age→Anti-discrimination
Page 1, Untitled last paragraph
Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards. All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice. International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Anti-discrimination
Page 1, Untitled last paragraph
Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards. All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice. International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.
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: Page 1, Untitled last paragraph
Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards. All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice. International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

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: Page 1, Untitled last paragraph
It is understood that there will be unrestricted movement of relief convoys, use of the airport at Sarajevo in accordance with existing agreements, and the delivery of humanitarian services by official institutions and non-governmental organizations. Each side may join with UNPROFOR inspectors to assure that no armaments or weapons of war are included in the cargoes to be delivered.

Page 1, Untitled last paragraph
There will be an early exchange of all detainees, under the auspices of the International Red Cross. In accordance with the Geneva conventions, the ICRC will have unimpeded access to all detainees to insure that the provisions of this agreement are fulfilled. In a final agreement, all has to be agreed; otherwise, nothing is agreed.
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: Page 1,

Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards. All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice. International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Untitled last paragraph
There will be an early exchange of all detainees, under the auspices of the International Red Cross. In accordance with the Geneva conventions, the ICRC will have unimpeded access to all detainees to insure that the provisions of this agreement are fulfilled. In a final agreement, all has to be agreed; otherwise, nothing is agreed.
Civil and political rights: Human rights and equality→Civil and political rights→Other
Page 1, Untitled last paragraph
...All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice...
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 1, Untitled last paragraph
It is understood that there will be unrestricted movement of relief convoys, use of the airport at Sarajevo in accordance with existing agreements, and the delivery of humanitarian services by official institutions and non-governmental organizations. Each side may join with UNPROFOR inspectors to assure that no armaments or weapons of war are included in the cargoes to be delivered.

Page 2, Additional agreement to that of 19 December
3) Based on assurances that convoys [unreadable] humanitarian services will pass freely. The Bosnian forces will withdraw from the Igman demilitarized zone in accordance with the existing agreement prior to the commencement of the negotiations described in item (1) above.
Protection measures: Rights related issues→Protection measures→Protection of civilians
Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards. All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice. International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: Rights institutions→Regional or international human rights institutions→Monitoring calls
Page 1, Untitled last paragraph
Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards. All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice. International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.

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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, Untitled last paragraph
It is understood that there will be unrestricted movement of relief convoys, use of the airport at Sarajevo in accordance with existing agreements, and the delivery of humanitarian services by official institutions and non-governmental organizations. Each side may join with UNPROFOR inspectors to assure that no armaments or weapons of war are included in the cargoes to be delivered.

Page 2, Additional agreement to that of 19 December
3) Based on assurances that convoys [unreadable] humanitarian services will pass freely...
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→Ceasefire provision
Page 1, 1.
Immediately implement a cease-fire, monitored by U.N. forces along all lines or confrontation, by cessation of all military activities and the exchange of prisoners, etc., as described below.

Page 1, 2.
Commence negotiations on an agreement for a total cessation of hostilities on December 27, 1994, with the intent to conclude the agreement by January 15, 1995. This cessation of hostilities will last for four months, or for a longer period if mutually agreed by both parties.

Page 1, Untitled last paragraph
Each side will be responsible within its controlled areas for the total elimination and prevention of the firing of any guns or weapons of any kind that might be damaging to people or property.

Page 2, Additional agreement to that of 19 December
1) It is agreed that the negotiations to establish a total cessation of hostilities will commence on 23 December, 1994, with the intent to conclude the agreement by 1 January 1995.

Page 2, Additional agreement to that of 19 December
2) A complete ceasefire, throughout Bosnia-Herzegovina, will be implemented at noon, 23 December 1994 monitored by U.N forces along all lines of confrontation, by cessation of all military activities.
Police: No specific mention.
Armed forces: Page 2, Additional agreement to that of 19 December
3) Based on assurances that convoys [unreadable] humanitarian services will pass freely, the Bosnian forces will withdraw from the Igman demilitarized zone in accordance with the existing agreement prior to the commencement of the negotiations described in item (1) above.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
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: Page 1, 1.
Immediately implement a cease-fire, monitored by U.N. forces along all lines or confrontation, by cessation of all military activities and the exchange of prisoners, etc., as described below.

Page 1, Untitled last paragraph
There will be an early exchange of all detainees, under the auspices of the International Red Cross. In accordance with the Geneva conventions, the ICRC will have unimpeded access to all detainees to insure that the provisions of this agreement are fulfilled. In a final agreement, all has to be agreed; otherwise, nothing is agreed.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Jimmy Carter, Witness
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 1.
Immediately implement a cease-fire, monitored by U.N. forces along all lines or confrontation, by cessation of all military activities and the exchange of prisoners, etc., as described below.

Page 1, Untitled last paragraph
It is understood that there will be unrestricted movement of relief convoys, use of the airport at Sarajevo in accordance with existing agreements, and the delivery of humanitarian services by official institutions and non-governmental organizations. Each side may join with UNPROFOR inspectors to assure that no armaments or weapons of war are included in the cargoes to be delivered.

Page 2, Additional agreement to that of 19 December
2) A complete ceasefire, throughout Bosnia-Herzegovina, will be implemented at noon, 23 December 1994 monitored by U.N forces along all lines of confrontation, by cessation of all military activities.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court records, Karadzic trial, exhibits D03504, D03503
http://icr.icty.org/

Comprehensive Peace Agreement

We the undersigned agree that we and those under our authority will:

1. Immediately implement a cease-fire, monitored by U.N. forces along all lines or confrontation, by cessation of all military activities and the exchange of prisoners, etc.,

as described below.

2. Commence negotiations on an agreement for a total cessation of hostilities on December 27, 1994, with the intent to conclude the agreement by January 15, 1995.

This cessation of hostilities will last for four months, or for a longer period if mutually agreed by both parties.

3. While the cessation of hostilities is in effect, negotiate a comprehensive peace agreement, on the basis of the acceptance of the peace plan of the Contact Group as a starting point.

This will be done at a mutually acceptable site, under the auspices of the Contact Group, using mediators proposed by the Contact Group and mutually agreed by the parties.

All issues are to be resolved in full cooperation with the contact group.

It is understood that there will be unrestricted movement of relief convoys, use of the airport at Sarajevo in accordance with existing agreements, and the delivery of humanitarian services by official institutions and non-governmental organizations.

Each side may join with UNPROFOR inspectors to assure that no armaments or weapons of war are included in the cargoes to be delivered.

Each side will be responsible within its controlled areas for the total elimination and prevention of the firing of any guns or weapons of any kind that might be damaging to people or property.

Each side will be responsible within its controlled areas for the protection of human rights in accordance with international standards.

All people, regardless of age, sex, or ethnic origin, shall have the right to live in a location of their choice.

International observers, including the Special Rapporteur of the Commission on Human Rights, will be free to observe compliance with this agreement.

There will be an early exchange of all detainees, under the auspices of the International Red Cross.

In accordance with the Geneva conventions, the ICRC will have unimpeded access to all detainees to insure that the provisions of this agreement are fulfilled.

In a final agreement, all has to be agreed;

otherwise, nothing is agreed.

It is realized that other difficult issues and unresolved questions will have to be resolved.

This will be done peacefully, utilizing the services of the Contact Group or UNPROFOR as appropriate.

Signed 19 December 1994:

Radovan Karadzic [signed], Ratko Mladic [signed], Jimmy Carter, Witness [signed]

Signed 20 December 1994:

Alija Izetbegovic, President [signed], Rasim Delic, Supreme Commander [signed], Jimmy Carter, Witness [signed]

Additional agreement to that of 19 December

20 December 1994

1) It is agreed that the negotiations to establish a total cessation of hostilities will commence on 23 December, 1994, with the intent to conclude the agreement by 1 January 1995.

2) A complete ceasefire, throughout Bosnia-Herzegovina, will be implemented at noon, 23 December 1994 monitored by U.N forces along all lines of confrontation, by cessation of all military activities.

3) Based on assurances that convoys [unreadable] humanitarian services will pass freely, the Bosnian forces will withdraw from the Igman demilitarized zone in accordance with the existing agreement prior to the commencement of the negotiations described in item (1) above.

Radovan Karadzic [signed]

Witnessed:

Jimmy Carter