Agreement on the evacuation of the severely sick and wounded

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement on the evacuation of the severely sick and wounded
Date: 31 Aug 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: GEN RASIM DELIC; GEN MILIVOJ PETKOVIC
Third parties: WITNESS: LT GEN FRANCIS BRIQUEMONT
Description: This agreement provides for the protocol of evacuating the severely sick and wounded via medical convoy and helicopters. It provides for UNPROFOR inspections of medical vehicles to ensure that they are not used for transporting military equipment or weapons.

Agreement document: BA_930831_Agreement for evacuation of the sick and severely wounded.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: Page 1, 1.
Parties shall unconditionally apply the principle of freedom of movement to the evacuation of the severely sick and wounded.
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: Page 2, 6. In principle, requests for evacuation will be submitted in writing at least 48 hours in advance. In emergency cases this period may, at the discretion of UNPROFOR, be reduced to a minimum of 6 hours. Requests shall be submitted to UNPROFOR and, through UNPROFOR, to the adverse Party.
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: Page 1, 1.
Parties shall unconditionally apply the principle of freedom of movement to the evacuation of the severely sick and wounded.

Page 1, 2.
The severely sick and wounded shall be transported (a) in convoys of medical vehicles: and (b) by medical helicopters. As a general rule, UNPROFOR will not provide medical vehicles or medical helicopters.

Page 1, 3.
UNPROFOR shall provide escort to the convoys of medical vehicles when transiting territory under the control of the adverse Party.

Page 1, 4.
Inspection of medical vehicles shall ensure that the vehicles are used only for the transport of the severely sick and wounded. UNPROFOR shall perform such inspections to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded. A representative of the adverse Party will take place in inspection with UNPROFOR representative.

Page 1, 5.
(a) Medical helicopters normally shall be subject to three separate inspections: i. The first inspection shall take place on the way to the evacuation site. The inspection shall take place at an UNPROFOR location. The location shall be determined by UNPROFOR in consultation with both Parties. At the UNPROFOR location UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for transport of the severely sick and wounded. A representative of the adverse Party will take place in inspection with UNPROFOR representative.

Page 1, 5.
(a) Medical helicopters normally shall be subject to three separate inspections:...ii. The second inspection shall take place at the landing zone of the evacuation site. This landing zone shall be controlled by UNPROFOR. It shall be determined by UNPROPOR, being as near as possible to the location of the evacuees. UNPROFOR alone shall perform this inspection to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded.

Page 2, 5.
(a) Medical helicopters normally shall be subject to three separate inspections:...iii. The third inspection shall take place on the way from the evacuation site to the medical facility to which the evacuees are being moved. It shall take place at the same location as the first inspection and shall be performed by UNPROFOR joint with a representative of the adverse Party. At the UNPROFOR location, UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for the evacuation of the severely Sick and wounded.

Page 2, 5.
(b) In exceptional cases medical helicopters shall be subject to only two inspections. This shall [be] the case when the landing zone of the evacuation site is a permanent UNPROFOR installation. In such cases the second and final inspection shall be performed at that UNPROFOR location. A representative of the adverse Party will take place in the first and second inspection.

Page 2, 6.
In principle, requests for evacuation will be submitted in writing at least 48 hours in advance. In emergency cases this period may, at the discretion of UNPROFOR, be reduced to a minimum of 6 hours. Requests shall be submitted to UNPROFOR and, through UNPROFOR, to the adverse Party.
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: No specific mention.
Vetting: No specific mention.
Victims: Page 1, 1.
Parties shall unconditionally apply the principle of freedom of movement to the evacuation of the severely sick and wounded.

Page 1, 2.
The severely sick and wounded shall be transported (a) in convoys of medical vehicles: and (b) by medical helicopters. As a general rule, UNPROFOR will not provide medical vehicles or medical helicopters.

Page 1, 4.
Inspection of medical vehicles shall ensure that the vehicles are used only for the transport of the severely sick and wounded. UNPROFOR shall perform such inspections to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded. A representative of the adverse Party will take place in inspection with UNPROFOR representative.

Page 1, 5.
(a) Medical helicopters normally shall be subject to three separate inspections: i. The first inspection shall take place on the way to the evacuation site. The inspection shall take place at an UNPROFOR location. The location shall be determined by UNPROFOR in consultation with both Parties. At the UNPROFOR location UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for transport of the severely sick and wounded. A representative of the adverse Party will take place in inspection with UNPROFOR representative.

Page 1, 5.
(a) Medical helicopters normally shall be subject to three separate inspections:...ii. The second inspection shall take place at the landing zone of the evacuation site. This landing zone shall be controlled by UNPROFOR. It shall be determined by UNPROPOR, being as near as possible to the location of the evacuees. UNPROFOR alone shall perform this inspection to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded.

Page 2, 5.
(a) Medical helicopters normally shall be subject to three separate inspections:...iii. The third inspection shall take place on the way from the evacuation site to the medical facility to which the evacuees are being moved. It shall take place at the same location as the first inspection and shall be performed by UNPROFOR joint with a representative of the adverse Party. At the UNPROFOR location, UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for the evacuation of the severely Sick and wounded.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: WITNESS: LT GEN FRANCIS BRIQUEMONT (UNPROFOR)
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 2.
The severely sick and wounded shall be transported (a) in convoys of medical vehicles: and (b) by medical helicopters. As a general rule, UNPROFOR will not provide medical vehicles or medical helicopters.

Page 1, 3.
UNPROFOR shall provide escort to the convoys of medical vehicles when transiting territory under the control of the adverse Party.

Page 1, 4.
Inspection of medical vehicles shall ensure that the vehicles are used only for the transport of the severely sick and wounded. UNPROFOR shall perform such inspections to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded. A representative of the adverse Party will take place in inspection with UNPROFOR representative.

Page 1, 5.
(a) Medical helicopters normally shall be subject to three separate inspections: i. The first inspection shall take place on the way to the evacuation site. The inspection shall take place at an UNPROFOR location. The location shall be determined by UNPROFOR in consultation with both Parties. At the UNPROFOR location UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for transport of the severely sick and wounded. A representative of the adverse Party will take place in inspection with UNPROFOR representative.

Page 1, 5.
(a) Medical helicopters normally shall be subject to three separate inspections:...ii. The second inspection shall take place at the landing zone of the evacuation site. This landing zone shall be controlled by UNPROFOR. It shall be determined by UNPROPOR, being as near as possible to the location of the evacuees. UNPROFOR alone shall perform this inspection to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded.

Page 2, 5.
(a) Medical helicopters normally shall be subject to three separate inspections:...iii. The third inspection shall take place on the way from the evacuation site to the medical facility to which the evacuees are being moved. It shall take place at the same location as the first inspection and shall be performed by UNPROFOR joint with a representative of the adverse Party. At the UNPROFOR location, UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for the evacuation of the severely Sick and wounded.

Page 2, 5.
(b) In exceptional cases medical helicopters shall be subject to only two inspections. This shall [be] the case when the landing zone of the evacuation site is a permanent UNPROFOR installation. In such cases the second and final inspection shall be performed at that UNPROFOR location. A representative of the adverse Party will take place in the first and second inspection.

Page 2, 6.
In principle, requests for evacuation will be submitted in writing at least 48 hours in advance. In emergency cases this period may, at the discretion of UNPROFOR, be reduced to a minimum of 6 hours. Requests shall be submitted to UNPROFOR and, through UNPROFOR, to the adverse Party.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Prlic et. al trial exhibit P04690
http://icr.icty.org/

Agreement on the evacuation of the severely sick and wounded

The undersigned military commanders, as representatives of the parties in conflict, have agreed as follows:

1. Parties shall unconditionally apply the principle of freedom of movement to the evacuation of the severely sick and wounded.

2. The severely sick and wounded shall be transported (a) in convoys of medical vehicles:

and (b) by medical helicopters.

As a general rule, UNPROFOR will not provide medical vehicles or medical helicopters.

3. UNPROFOR shall provide escort to the convoys of medical vehicles when transiting territory under the control of the adverse Party.

4. Inspection of medical vehicles shall ensure that the vehicles are used only for the transport of the severely sick and wounded.

UNPROFOR shall perform such inspections to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded.

A representative of the adverse Party will take place in inspection with UNPROFOR representative.

5. ( a) Medical helicopters normally shall be subject to three separate inspections:

i. The first inspection shall take place on the way to the evacuation site.

The inspection shall take place at an UNPROFOR location.

The location shall be determined by UNPROFOR in consultation with both Parties.

At the UNPROFOR location UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for transport of the severely sick and wounded.

A representative of the adverse Party will take place in inspection with UNPROFOR representative.

ii. The second inspection shall take place at the landing zone of the evacuation site.

This landing zone shall be controlled by UNPROFOR.

It shall be determined by UNPROPOR, being as near as possible to the location of the evacuees.

UNPROFOR alone shall perform this inspection to ensure that the evacuees are severely sick and wounded and that no unauthorized person is embarked and that no cargo or military equipment of any sort is loaded.

iii. The third inspection shall take place on the way from the evacuation site to the medical facility to which the evacuees are being moved.

It shall take place at the same location as the first inspection and shall be performed by UNPROFOR joint with a representative of the adverse Party.

At the UNPROFOR location, UNPROFOR shall inspect the helicopters to ensure that the helicopters are being used only for the evacuation of the severely sick and wounded.

(b) In exceptional cases medical helicopters shall be subject to only two inspections.

This shall [be] the case when the landing zone of the evacuation site is a permanent UNPROFOR installation.

In such cases the second and final inspection shall be performed at that UNPROFOR location.

A representative of the adverse Party will take place in the first and second inspection.

6. In principle, requests for evacuation will be submitted in writing at least 48 hours in advance.

In emergency cases this period may, at the discretion of UNPROFOR, be reduced to a minimum of 6 hours.

Requests shall be submitted to UNPROFOR and, through UNPROFOR, to the adverse Party.

Done at Sarajevo Airport on the tthirty-first day of August 1993, in the presence of UNPROFOR,

SIGNED:

GEN RASIM DELIC

GEN MILIVOJ PETKOVIC

WITNESS:

LT GEN FRANCIS BRIQUEMONT