Agreement between General Smith and General Mladic

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement between General Smith and General Mladic
Date: 19 Jul 1995
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: General Rupert Smith [UNPROFOR]; General Ratko Mladic [VRS]
Third parties: -
Description: This agreement provides for access for humanitarian aid convoys, ICRC and UNHCR representatives to the Srebrenica area. It also provides for evacuation of wounded Moslems from Potocari, women, children and elderly Moslems, and DUTCHBAT soldiers. Issues regarding access to Gorazde, Zepa and Sarajevo are also raised.

Agreement document: BA_950719_Agreement between General Smith and General Mladic.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 1, The two sides have agreed the following:
7. To provide the UNPROFOR displacement (including all military civilian and up to thirty locally employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order:
...b. Evacuation of women, children and elderly Moslems, those who want to leave.
Disabled persons: No specific mention.
Elderly/age: Groups→Elderly/age→Substantive
Page 1, The two sides have agreed the following:
7. To provide the UNPROFOR displacement (including all military civilian and up to thirty locally-employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order:
...b. Evacuation of women, children and elderly Moslems, those who want to leave.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 1, 7.
To provide the UNPROFOR displacement (including all military civilian and up to thirty locally-employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order: a. Evacuation of wounded Moslems from Potocari, as well as from the hospital in Bratunac. b. Evacuation of women, children and elderly Moslems, those who want to leave.
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, 7.
To provide the UNPROFOR displacement (including all military civilian and up to thirty locally-employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order:...b. Evacuation of women, children and elderly Moslems, those who want to leave.
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, 1.
The two sides have agreed the following: To provide access to the ICRC representatives to the reception points by the end of 20 July 95.

Page 1, 3.
The two sides have agreed the following: To provide that UNHCR representatives visit Srebrenica, as well as clearance for humanitarian aid convoys to enter to Srebrenica, from Belgrade through Ljubovija and Bratunac.
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.
The two sides have agreed the following: To provide access to the ICRC representatives to the reception points by the end of 20 July 95.

Page 1, 2.
The two sides have agreed the following: To provide that the DUTCHBAT soldiers leave Bratunac with their personal belongings and small arms on 15 July 1995.

Page 1, 3.
The two sides have agreed the following: To provide that UNHCR representatives visit Srebrenica, as well as clearance for humanitarian aid convoys to enter to Srebrenica, from Belgrade through Ljubovija and Bratunac.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, 3.
The two sides have agreed the following: To provide that UNHCR representatives visit Srebrenica, as well as clearance for humanitarian aid convoys to enter to Srebrenica, from Belgrade through Ljubovija and Bratunac.

Page 1, 6.
A positive answer will be given to the UNHCR request for humanitarian aid convoys, according to assessed needs, to Gorazde and Sarajevo, as well as to Srebrenica and Zepa. The Sarajevo convoys are to be escorted by two UNPROFOR wheeled vehicles.
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: No specific mention.
Vetting: No specific mention.
Victims: Page 1, 7.
To provide the UNPROFOR displacement (including all military civilian and up to thirty locally-employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order: a. Evacuation of wounded Moslems from Potocari, as well as from the hospital in Bratunac.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: General Rupert Smith [UNPROFOR]
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 2.
The two sides have agreed the following: To provide that the DUTCHBAT soldiers leave Bratunac with their personal belongings and small arms on 15 July 1995.

Page 1, 4.
A positive answer will be given to the request for logistic convoys assigned to UNPROFOR in Potocari and to Zepa, Gorazde and Sarajevo. The convoy routes for the present will be:
a. To Zepa - from Belgrade through Visegrad and Rogatica.
b. To Gorazde- from Belgrade through Visegrad.
c. To Sarajevo - from Kiseljak through Kobiljaca.
For the time being all convoys must respect the earlier agreements and usual procedures. The intention of both sides is to normalise resupply of UNPROFOR.

Page 1, 5.
A positive answer will be given to the UNPROFOR request for the rotation of forces in Gorazde and Sarajevo.

Page 1, 6.
A positive answer will be given to the UNHCR request for humanitarian aid convoys, according to assessed needs, to Gorazde and Sarajevo, as well as to Srebrenica and Zepa. The Sarajevo convoys are to be escorted by two UNPROFOR wheeled vehicles.

Page 1-2, 7.
To provide the UNPROFOR displacement (including all military civilian and up to thirty locally-employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order:...c. Displacement of UNPROFOR to start on 21 July 95 at 1200 hrs. The entire operation will be supervised by General Smith and General Mladic or their representatives.

Page 2, 9.
The above mentioned positive steps will be realised in order to provide a concrete and positive contribution to the peace process and to provide fair and impartial treatment of all parties. In particular, the treatment of UNPROFOR locally-employed personnel by both sides.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Karadzic trial exhibit P04178
http://icr.icty.org/

AGREEMENT BETWEEN GENERAL SMITH AND GENERAL MLADIC

The two sides have agreed the following:

1. To provide access to the ICRC representatives to the reception points by the end of 20 July 95.

2. To provide that the DUTCHBAT soldiers leave Bratunac with their personal belongings and small arms on 15 July 1995.

3. To provide that UNHCR representatives visit Srebrenica, as well as clearance for humanitarian aid convoys to enter to Srebrenica, from Belgrade through Ljubovija and Bratunac.

4. A positive answer will be given to the request for logistic convoys assigned to UNPROFOR in Potocari and to Zepa, Gorazde and Sarajevo.

The convoy routes for the present will be:

a. To Zepa - from Belgrade through Visegrad and Rogatica.

b. To Gorazde- from Belgrade through Visegrad.

c. To Sarajevo - from Kiseljak through Kobiljaca.

For the time being all convoys must respect the earlier agreements and usual procedures.

The intention of both sides is to normalise resupply of UNPROFOR.

5. A positive answer will be given to the UNPROFOR request for the rotation of forces in Gorazde and Sarajevo.

6. A positive answer will be given to the UNHCR request for humanitarian aid convoys, according to assessed needs, to Gorazde and Sarajevo, as well as to Srebrenica and Zepa.

The Sarajevo convoys are to be escorted by two UNPROFOR wheeled vehicles.

7. To provide the UNPROFOR displacement (including all military civilian and up to thirty locally-employed personnel) from Potocari with all UNPROFOR weapons, vehicles, stores and equipment through Ljubovija, by the end of the week, according to following displacement order:

a. Evacuation of wounded Moslems from Potocari, as well as from the hospital in Bratunac.

b. Evacuation of women, children and elderly Moslems, those who want to leave.

c. Displacement of UNPROFOR to start on 21 July 95 at 1200 hrs.

The entire operation will be supervised by General Smith and General Mladic or their representatives.

8. The water supply system in Sarajevo will be improved.

9. The above mentioned positive steps will be realised in order to provide a concrete and positive contribution to the peace process and to provide fair and impartial treatment of all parties.

In particular, the treatment of UNPROFOR locally-employed personnel by both sides.

General Rupert Smith

General Ratko Mladic