Negotiating team for the realisation of the cease fire agreement in Bosnia and Herzegovina

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Negotiating team for the realisation of the cease fire agreement in Bosnia and Herzegovina
Date: 25 May 1993
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: For the HVO Commission: Slavko PULJIC, Tihomir MARIC; For the Amry of BiH Commission: Arif PASALIC, Suad CUPINA
Third parties: Witnesses: Military Observers Senior, Peter ESPENSEN; Representatives of EZ Observers, Nigel MILVERTON
Description: This agreement provides for a mutual prisoner release of all civilians and combatants between the HVO and the Army of BiH, to be facilitated by the Spanish Battalion of UNPROFOR and the ICRC. It also provides for exchange of civilians in the areas of war activities from one community to another.

Agreement document: BA_930525_Negotiating team for the realisation of the cease fire agreement in Bosnia and Herzegovina.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: Page 1, 4.
ICRC /"Intemational Red Cross Committee"/, whose presence is necessary in the locations of reception, will be informed about the reached agreement.
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: Page 1, Untitled preamble
With the purpose of reaffirming the will for peace in the region of Bosnia and Herzegovina, the will for release of all persons and property from the pressure of armed conflicts and enemy activities, and the will for complete implementation of the Geneva Convention, dated 12 August 1949, as well as, the Protocol added to the Geneva Convention regarding the protection of victims of armed conflicts, negotiating sides agreed in the following...
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: Rights related issues→Protection measures→Protection of groups
Page 1, Preamble

With the purpose of reaffirming the will for peace in the region of Bosnia and Herzegovina, the will for release of all persons and property from the pressure of armed conflicts and enemy activities, and the will for complete implementation of the Geneva Convention, dated 12 August 1949, as well as, the Protocol added to the Geneva Convention regarding the protection of victims of armed conflicts, negotiating sides agreed in the following:
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: Page 1, 5.
Release of all imprisoned soldiers of the Army of Bill and HVO /"Croatian Defence Council"/, based on the "all for all" principle.

Page 1, 9.
Transport of persons mentioned in this agreement will be secured by the Army of BiH and HVO, followed by the Spanish Battalion.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 5.
Release of all imprisoned soldiers of the Army of Bill and HVO /"Croatian Defence Council"/, based on the "all for all" principle.

Page 1, 9.
Transport of persons mentioned in this agreement will be secured by the Army of BiH and HVO, followed by the Spanish Battalion.
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, Untitled preamble

Page 1, 1.
Release of all civilians, which are imprisoned. A representative of the negotiating team and a representative of the Spanish Battalion will be in charge of this activity.

Page 1, 2.
Release of all civilians, which are, for security reasons, in shelters and facilities in the area of war activities. It is also necessary to submit lists containing the following data: first and last name, parents' name, date of birth, nationality, place of permanent residence, address of permanent residence, the date of registration at that address, the address to where the individual wants to move and the first and last name and the relation to the person whose place the individual is moving to. Lists of individuals who want to move from one local community to another will be prepared by Local Community Secretaries.

Page 1, 3.
Locations of the reception of the above-mentioned persons are "Dacki Dom" and Department Store "Razvitak".

Page 1, 4.
ICRC /"Intemational Red Cross Committee"/, whose presence is necessary in the locations of reception, will be informed about the reached agreement.

Page 1, 5.
Release of all imprisoned soldiers of the Army of Bill and HVO /"Croatian Defence Council"/, based on the "all for all" principle.

Page 1, 6.
Verification of all lists of persons will be carried out at the meeting of the negotiating team on 26 May 1993 at l 000 hours.

Page 1, 7.
Release of all civilians and soldiers will be carried out on 26 May 1993, at 1500 hours, in the location mentioned in Item 3 of this agreement.

Page 1, 8.
Aside from the list from Item 2 of this agreement, it is possible to make lists of requests for persons who can not report themselves, due to the war situation or for other reasons.

Page 1, 9.
Transport of persons mentioned in this agreement will be secured by the Army of BiH and HVO, followed by the Spanish Battalion.
Vetting: No specific mention.
Victims: Page 1, Untitled preamble
With the purpose of reaffirming the will for peace in the region of Bosnia and Herzegovina, the will for release of all persons and property from the pressure of armed conflicts and enemy activities, and the will for complete implementation of the Geneva Convention, dated 12 August 1949, as well as, the Protocol added to the Geneva Convention regarding the protection of victims of armed conflicts, negotiating sides agreed in the following...
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Witnessed by UNPROFOR Senior Military Observer, Peter ESPENSEN
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 1.
Release of all civilians, which are imprisoned. A representative of the negotiating team and a representative of the Spanish Battalion will be in charge of this activity.

Page 1, 9.
Transport of persons mentioned in this agreement will be secured by the Army of BiH and HVO, followed by the Spanish Battalion.
Related cases: No specific mention.
Source: ICTY Court Records, Prlic et. al trial exhibit 6D00007.E
http://icr.icty.org/

Negotiating team for the realisation of the cease fire agreement in Bosnia and Herzegovina - made between General Milivoje PETKOVINA and General Sefer HALILOVIC on 12 May 1993 - consisting of General Colonel Philipp MORILLON and Ambassador Jean-Pierre THEBAULT.

Mostar, 25 May 1993

NEGOTIATING SIDES

Mr Slavko PULJIC and Mr Arif PASALIC

WITNESSES

Mr Peter ESPENSEN and Mr Nigel MILVERTON

With the purpose of reaffirming the will for peace in the region of Bosnia and Herzegovina, the will for release of all persons and property from the pressure of armed conflicts and enemy activities, and the will for complete implementation of the Geneva Convention, dated 12 August 1949, as well as, the Protocol added to the Geneva Convention regarding the protection of victims of armed conflicts, negotiating sides agreed in the following:

1. Release of all civilians, which are imprisoned.

A representative of the negotiating team and a representative of the Spanish Battalion will be in charge of this activity.

2. Release of all civilians, which are, for security reasons, in shelters and facilities in the area of war activities.

It is also necessary to submit lists containing the following data:

first and last name, parents' name, date of birth, nationality, place of permanent residence, address of permanent residence, the date of registration at that address, the address to where the individual wants to move and the first and last name and the relation to the person whose place the individual is moving to.

Lists of individuals who want to move from one local community to another will be prepared by Local Community Secretaries.

3. Locations of the reception of the above-mentioned persons are "Dacki Dom" and Department Store "Razvitak".

4. ICRC /"Intemational Red Cross Committee"/, whose presence is necessary in the locations of reception, will be informed about the reached agreement.

5. Release of all imprisoned soldiers of the Army of Bill and HVO /"Croatian Defence Council"/, based on the "all for all" principle.

6. Verification of all lists of persons will be carried out at the meeting of the negotiating team on 26 May 1993 at l500 hours.

7. Release of all civilians and soldiers will be carried out on 26 May 1993, at 1500 hours, in the location mentioned in Item 3 of this agreement.

/Hand-written entry:

"/a signature/ 10 July 2000".

8. Aside from the list from Item 2 of this agreement, it is possible to make lists ofrequests for persons who can not report themselves, due to the war situation or for other reasons.

9. Transport of persons mentioned in this agreement will be secured by the Army of BiH and HVO, followed by the Spanish Battalion.

For the HVO Commission

1. Slavko PULJIC

2. Tihomir MARIC

For the Amry of BiH Commission

1. Arif PASALIC

2. Suad CUPINA

Military Observers Senior

Peter ESPENSEN

Representatives of EZ /"European Community"/ Observers

Nigel MILVERTON