Agreement on mutual release of the prisoners along the line “all for all”

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement on mutual release of the prisoners along the line “all for all”
Date: 5 Jul 1992
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: President of the Exchange Commission, Nenad VANOVAC; For UNPROPOR, B. KELLY; President of the Exchange Commission, Filip VUKOVIC
Third parties: -
Description: This short agreement provides for a mutual prisoner release along the line "all for all", by 15 July 1992, under the supervision and with the mediation of UNPROFOR.

Agreement document: BA_920705_Agreement on mutual release of the prisoners along the line all for all.pdf (opens in new tab) | Download PDF

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: 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: 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: No specific mention.
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: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
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: [Summary] The agreement in its entirety provides for a mutual prisoner release.

Page 1, 1.
Both Commissions accept that all prisoners on both sides will be immediately released along the line "all for all" and latest by 15 July 1992.

Page 1, 2.
In presence of the UNPROFOR representatives, on 11 July 1992 at 12:00 hours both Commissions will exchange the lists of the prisoners requested by each side.

Page 1, 3.
Latest by 13 July 1992, both sides will send the lists of the prisoners not located in detention units and the prisoners who disappeared or who got killed during combat actions. In order to prevent abuse from both sides, the lists of disappeared, dead and unregistered persons will be determined along the line "one for one". The lists will be identified in the presence of UNPROFOR.

Page 1, 4.
Persons whose names are not found on the lists and are detained on both sides will be unconditionally released latest by 20 July 1992. The implementation of this regulation will be supervised by UNPROFOR.

Page 1, 5.
In case that one of the sides already released the prisoners from the lists, it will be responsible for providing certificate on release to the other side.

Page 1, 6.
The whole agreement will be implemented under supervision and through the mediation of UNPROFOR.

Page 1, 7.
Both sides reserve the right to get an insight into the prisons or home addresses from the list along the line of random sample under supervision of UNPROFOR.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 1, 3.
Latest by 13 July 1992, both sides will send the lists of the prisoners not located in detention units and the prisoners who disappeared or who got killed during combat actions. In order to prevent abuse from both sides, the lists of disappeared, dead and unregistered persons will be determined along the line "one for one". The lists will be identified in the presence of UNPROFOR.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 2.
In presence of the UNPROFOR representatives, on 11 July 1992 at 12:00 hours both Commissions will exchange the lists of the prisoners requested by each side.

Page 1, 3.
Latest by 13 July 1992, both sides will send the lists of the prisoners not located in detention units and the prisoners who disappeared or who got killed during combat actions. In order to prevent abuse from both sides, the lists of disappeared, dead and unregistered persons will be determined along the line "one for one". The lists will be identified in the presence of UNPROFOR.

Page 1, 4.
Persons whose names are not found on the lists and are detained on both sides will be unconditionally released latest by 20 July 1992. The implementation of this regulation will be supervised by UNPROFOR.

Page 1, 6.
The whole agreement will be implemented under supervision and through the mediation of UNPROFOR.

Page 1, 7.
Both sides reserve the right to get an insight into the prisons or home addresses from the list along the line of random sample under supervision of UNPROFOR.
Enforcement mechanism: Page 1, 6.
The whole agreement will be implemented under supervision and through the mediation of UNPROFOR.
Related cases: No specific mention.
Source: ICTY Court Records, Karadzic trial exhibit P01131.E
http://icr.icty.org/

Based on Agreement concluded on 5 July 1992, authorised representatives of the Commissions for exchange of the war prisoners accept

AGREEMENT on mutual release of the prisoners along the line "all for all"

1. Both Commissions accept that all prisoners on both sides will be immediately released along the line "all for all" and latest by 15 July 1992.

2. In presence of the UNPROFOR representatives, on 11 July 1992 at 12:00 hours both Commissions will exchange the lists of the prisoners requested by each side.

3. Latest by 13 July 1992, both sides will send the lists of the prisoners not located in detention units and the prisoners who disappeared or who got killed during combat actions.

In order to prevent abuse from both sides, the lists of disappeared, dead and unregistered persons will be determined along the line "one for one".

The lists will be identified in the presence of UNPROFOR.

4. Persons whose names are not found on the lists and are detained on both sides will be unconditionally released latest by 20 July 1992.

The implementation of this regulation will be supervised by UNPROPOR.

5. In case that one of the sides already released the prisoners from the lists, it will be responsible for providing certificate on release to the other side.

6. The whole agreement will be implemented under supervision and through the mediation of UNPROFOR.

7. Both sides reserve the right to get an insight into the prisons or home addresses from the list along the line of random sample under supervision of UNPROFOR.

President of the Exchange Commission Nenad VANOVAC

For UNPROPOR B. KELLY

President of the Exchange Commission FILIP VUKOVIC