Agreement among the parties to halt the conflict in Central Bosnia

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement among the parties to halt the conflict in Central Bosnia
Date: 9 Jun 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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: COL Karisik; COL Filipovic
Third parties: WITNESS: BRIGADIER G de V W Hayes, UNPROFOR B-H Chief of Staff; CAE Jean-Pierre Thebault, ECMM/HRC Zenica
Description: This agreement provides for an absolute ceasefire, to be monitored by UNPROFOR and ECMM. It also provides for release of prisoners and detainees, mechanisms to facilitate the return of displaced persons, and freedom of movement.

Agreement document: BA_930609_Agreement Among the Parties to Halt the Conflict in Central Bosnia.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: Groups→Refugees/displaced persons→Substantive
Page 2, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 2. RETURN OF DISPLACED PERSONS, (a)
In accordance with Article 5 of the Agreement on 12 May 1993, the Parties shall provide assistance in restoring displaced persons to their property or places of residence.

Page 2, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 2. RETURN OF DISPLACED PERSONS, (b)
UNHCR will immediately be helped by both Parties to identify displaced persons, give them aid, and guarantee the safety and security of all displaced persons in returning to their homes.
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, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (b)
A Joint Humanitarian Commission shall be immediately established with representatives from both sides, ICRC, UNHCR, ECMM, and UNPROFOR in order to monitor the release of all prisoners, on an all for all basis, and visit all alleged places of detention.

Page 2, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (e)
The Parties shall cooperate fully with UNPROFOR, ECMM, UNHCR, and ICRC and shall ensure that detainees are released in a way that ensures their safety.

Page 2, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 2. RETURN OF DISPLACED PERSONS, (b)
UNHCR will immediately be helped by both Parties to identify displaced persons, give them aid, and guarantee the safety and security of all displaced persons in returning to their homes.
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
...Recognizing that the Geneva Convention of 12 August 1949 and the Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to Protection of Victims of International Armed Conflicts (Protocol 1), apply to the present conflict...

Page 1, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (a)
In accordance with international law, all persons detained within the power of each Party, whether civilian or military, shall be released beginning upon entry into force of this Agreement. All detainees shall be released no later than 1600 hours on 12 June 1993.
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, ARTICLE III, FREEDOM OF MOVEMENT, 1.
In accordance with Article I of the Agreement on 12 May 1993, the convoy currently detained at the check-point north of Prozor shall be given immediate, free, safe and unimpeded access to roads so as to continue to its destination. The Parties shall, to the extent possible, provide assistance to protect the convoy if it is attacked.

Page 2, ARTICLE III, FREEDOM OF MOVEMENT, 2.
In accordance with the same Article, the Parties shall ensure constant freedom of movement for all civilian convoys to travel throughout the area.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 1, Preamble

Recognizing that the Geneva Convention of 12 August 1949 and the Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to Protection of Victims of International Armed Conflicts (Protocol 1), apply to the present conflict,
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 2. RETURN OF DISPLACED PERSONS, (b)
UNHCR will immediately be helped by both Parties to identify displaced persons, give them aid, and guarantee the safety and security of all displaced persons in returning to their homes.
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, ARTICLE I, CESSATION OF HOSTILITIES, 1.
Beginning at 1400 hours on 10 June, 1993, an absolute ceasefire and freeze of all military activities, including military movements, deployment of forces and establishment of fortifications, shall be observed between the Parties.

Page 1, ARTICLE I, CESSATION OF HOSTILITIES, 2.
Further details of the implementation of this ceasefire will be discussed by the respective military commanders at a meeting in Kiseljak at 1100 on Thursday 10 June 1993.

Page 1, ARTICLE I, CESSATION OF HOSTILITIES, 3.
UNPROFOR and ECMM shall monitor the implementation of cessation of hostilities.

Page 2, ARTICLE IV, IMPLEMENTATION OF THE AGREEMENT
Due to difficulties encountered in the implementation of the Agreement of 12 May 1993, both parties have agreed that UNPROFOR shall assist in the implementation of this agreement through daily reporting, by Headquarters B-H Command, of the progress of both parties, to Headquarters UNPROFOR. This report shall include specifically details on the ceasefires in Travnik and Mostar at well as the articles of this agreement. Breaches of the ceasefire and complaints about failure to implement the articles of this agreement shall be made to Headquarters B-H Command.
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: Page 1, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (a)
In accordance with international law, all persons detained within the power of each Party, whether civilian or military, shall be released beginning upon entry into force of this Agreement. All detainees shall be released no later than 1600 hours on 12 June 1993.

Page 1, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (b)
A Joint Humanitarian Commission shall be immediately established with representatives from both sides, ICRC, UNHCR, ECMM, and UNPROFOR in order to monitor the release of all prisoners, on an all for all basis, and visit all alleged places of detention.

Page 1, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (c)
In particular, all those prisoners listed in the attached annex covering the towns of Kiseljak, Zenica, Busovaca, Konjic and Mostar, are to be released as well as all prisoners resulting from the recent conflict in Travnik. Also, special attention will be paid to the situation in Prozor, Tarcin, and Caplinja.

Page 1, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (d)
In case of individuals alleged to be criminals, the Joint Humanitarian Commission will investigate the allegations as far as possible in order to recommend further action.

Page 2, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (e)
The Parties shall cooperate fully with UNPROFOR, ECMM, UNHCR, and ICRC and shall ensure that detainees are released in a way that ensures their safety.
Vetting: No specific mention.
Victims: Page 1, Untitled preamble
...Recognizing that the Geneva Convention of 12 August 1949 and the Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to Protection of Victims of International Armed Conflicts (Protocol 1), apply to the present conflict...
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: WITNESS: BRIGADIER G de V W Hayes, UNPROFOR B-H Chief of Staff;
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, ARTICLE I, CESSATION OF HOSTILITIES, 3.
UNPROFOR and ECMM shall monitor the implementation of cessation of hostilities.

Page 1, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (b)
A Joint Humanitarian Commission shall be immediately established with representatives from both sides, ICRC, UNHCR, ECMM, and UNPROFOR in order to monitor the release of all prisoners, on an all for all basis, and visit all alleged places of detention.

Page 2, ARTICLE II, RELEASE OF PRISONERS/DETAINEES, RETURN OF DISPLACED PERSONS, 1. RELEASE OF PRISONERS/DETAINEES, (e)
The Parties shall cooperate fully with UNPROFOR, ECMM, UNHCR, and ICRC and shall ensure that detainees are released in a way that ensures their safety.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Hadzihasanovic trial exhibit DH1147e
http://icr.icty.org/

AGREEMENT AMONG THE PARTIES TO HALT THE CONFLICT IN CENTRAL BOSNIA

THE UNDERSIGNED REPRESENTATIVES, hereinafter known as the Parties,

Wishing to bring the conflict in central Bosnia and Herzegovina to an end without any further delay,

Recognizing that the Geneva Convention of 12 August 1949 and the Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to Protection of Victims of International Armed Conflicts (Protocol 1), apply to the present conflict,

Reconfirming their Agreement on Cessation of Hostilities concluded on 12 May 1993,

HAVE AGREED as follows:

ARTICLE I

CESSATION OF HOSTILITIES

1. Beginning at 1400 hours on 10 June, 1993, an absolute ceasefire and freeze of all military activities, including military movements, deployment of forces and establishment of fortifications, shall be observed between the Parties.

2. Further details of the implementation of this ceasefire will be discussed by the respective military commanders at a meeting in Kiseljak at 1100 on Thursday 10 June 1993.

3. UNPROFOR and ECMM shall monitor the implementation of cessation of hostilities.

ARTICLE II

RELEASE OF PRISONERS/DETAINEES

RETURN OF DISPLACED PERSONS

1. RELEASE OF PRISONERS/DETAINEES

(a) In accordance with international law, all persons detained within the power of each Party, whether civilian or military, shall be released beginning upon entry into force of this Agreement.

All detainees shall be released no later than 1600 hours on 12 June 1993.

(b) A Joint Humanitarian Commission shall be immediately established with representatives from both sides, ICRC, UNHCR, ECMM, and UNPROFOR in order to monitor the release of all prisoners, on an all for all basis, and visit all alleged places of detention.

(c) In particular, all those prisoners listed in the attached annex covering the towns of Kiseljak, Zenica, Busovaca, Konjic and Mostar, are to be released as well as all prisoners resulting from the recent conflict in Travnik.

Also, special attention will be paid to the situation in Prozor, Tarcin, and Caplinja.

(d) In case of individuals alleged to be criminals, the Joint Humanitarian Commission will investigate the allegations as far as possible in order to recommend further action.

(e) The Parties shall cooperate fully with UNPROFOR, ECMM, UNHCR, and ICRC and shall ensure that detainees are released in a way that ensures their safety.

2. RETURN OF DISPLACED PERSONS

(a) In accordance with Article 5 of the Agreement on 12 May 1993, the Parties shall provide assistance in restoring displaced persons to their property or places of residence.

(b) UNHCR will immediately be helped by both Parties to identify displaced persons, give them aid, and guarantee the safety and security of all displaced persons in returning to their homes.

ARTICLE III

FREEDOM OF MOVEMENT

1. In accordance with Article I of the Agreement on 12 May 1993, the convoy currently detained at the check-point north of Prozor shall be given immediate, free, safe and unimpeded access to roads so as to continue to its destination.

The Parties shall, to the extent possible, provide assistance to protect the convoy if it is attacked.

2. In accordance with the same Article, the Parties shall ensure constant freedom of movement for all civilian convoys to travel throughout the area.

ARTICLE IV

IMPLEMENTATION OF THE AGREEMENT

Due to difficulties encountered in the implementation of the Agreement of 12 May 1993, both parties have agreed that UNPROFOR shall assist in the implementation of this agreement through daily reporting, by Headquarters B-H Command, of the progress of both parties, to Headquarters UNPROFOR.

This report shall include specifically details on the ceasefires in Travnik and Mostar at well as the articles of this agreement.

Breaches of the ceasefire and complaints about failure to implement the articles of this agreement shall be made to Headquarters B-H Command.

This Agreement shall enter into force on the date of its signature.

DONE AT Kiseljak on the Ninth day of June, 1993, in the presence of UNPROP'OR.

SIGNED:

COL Karisik

COL Filipovic

WITNESS:

BRIGADIER G de V W Hayes, UNPROFOR B-H Chief of Staff

CAE Jean-Pierre Thebault, ECMM/HRC Zenica