Decisions on humanitarian convoy to evacuate wounded and sick from Vukovar hospital

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Decisions on humanitarian convoy to evacuate wounded and sick from Vukovar hospital
Date: 18 Nov 1991
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: Croatia negotiation process
Parties: Representatives of the Republic of Croatia, the Yugoslav Peoples Army (YPA), the International Committee of the Red Cross (ICRC), Medecins sans Frontier and the Maltese Cross
Third parties: -
Description: This agreement provides for a ceasefire in the area of Vukovar, in order to evacuate the sick and wounded from Vukovar Hospital. The parties agree to recognise the neutrality of the hospital and place it under the protection of the ICRC. It also provides for the operation to be supervised by the European Community Monitoring Mission.

Agreement document: HR_911118_Decisions on Humanitarian Convoy Vukovar Hospital.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, 1.
Representatives of the Republic of Croatia, the Yugoslav Peoples Army (YPA), the International Committee of the Red Cross (ICRC), Medecins sans Frontier and the Maltese Cross met on 18 November 1991 and reached the following agreement regarding a convoy to evacuate the wounded and sick from Vukovar Hospital.

Page 1, 6.
The Republic of Croatia and the YPA will recognise the neutrality of Vukovar hospital during a period covering the evacuation. The hospital will be put under the protection of the ICRC who will advise both parties of the period of neutrality which they require.

Page 1, 7.
The Republic of Croatia and the YPA agree that the EC Monitor Mission should monitor the whole of the operation, having full access to all elements of the evacuation. The two Parties will also facilitate the involvement of the ICRC, Medecins sans Frontier and the Maltese Cross, as appropriate, to allow them to play such roles as may be decided in supporting and monitoring the evacuation.
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: Page 1, 1.
Representatives of the Republic of Croatia, the Yugoslav Peoples Army (YPA), the International Committee of the Red Cross (ICRC), Medecins sans Frontier and the Maltese Cross met on 18 November 1991 and reached the following agreement regarding a convoy to evacuate the wounded and sick from Vukovar Hospital.

Page 1, 2.
The Republic of Croatia and the YPA undertook to guarantee: a ceasefire in the area of Vukovar Hospital and along the agreed evacuation route. This guarantee would cover both regular forces and irregular units in the areas in which they would respectively have responsibility for the evacuation operation. The guarantee would include the assurance that the route was clear of mines in the areas of respective responsibility.

Page 1, 3.
The convoy will take a route from Vukovar to Prilievo to Luzac to Bogdanovci to Marinci to Zidine. The transfer from YPA to Croatian responsibility will take place at Zidine at the cross road to Henrikovci. The convoy will move at times to be agreed and notified to each side well before evacuation.

Page 1, 4.
The YPA will provide suitable military vehicles for the movement from Vukovar to Zidine; the Republic of Croatia will provide suitable vehicles for the remainder of the journey. Both parties will provide suitably equipped and manned ambulances for some 40 seriously ill and lorries or coaches as appropriate for the remaining 360 or so casualties of whom around a third will be stretcher cases.

Page 1, 5.
The evacuation will include all those wounded or sick undergoing medical treatment in Vukovar hospital who are judged by the authorities of the hospital to be fit to make the journey.

Page 1, 6.
The Republic of Croatia and the YPA will recognise the neutrality of Vukovar hospital during a period covering the evacuation. The hospital will be put under the protection of the ICRC who will advise both parties of the period of neutrality which they require.

Page 1, 7.
The Republic of Croatia and the YPA agree that the EC Monitor Mission should monitor the whole of the operation, having full access to all elements of the evacuation. The two Parties will also facilitate the involvement of the ICRC, Medecins sans Frontier and the Maltese Cross, as appropriate, to allow them to play such roles as may be decided in supporting and monitoring the evacuation.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 2.
The Republic of Croatia and the YPA undertook to guarantee: a ceasefire in the area of Vukovar Hospital and along the agreed evacuation route. This guarantee would cover both regular forces and irregular units in the areas in which they would respectively have responsibility for the evacuation operation. The guarantee would include the assurance that the route was clear of mines in the areas of respective responsibility.
Police: No specific mention.
Armed forces: Page 1, 2.
The Republic of Croatia and the YPA undertook to guarantee: a ceasefire in the area of Vukovar Hospital and along the agreed evacuation route. This guarantee would cover both regular forces and irregular units in the areas in which they would respectively have responsibility for the evacuation operation. The guarantee would include the assurance that the route was clear of mines in the areas of respective responsibility.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 2.
The Republic of Croatia and the YPA undertook to guarantee: a ceasefire in the area of Vukovar Hospital and along the agreed evacuation route. This guarantee would cover both regular forces and irregular units in the areas in which they would respectively have responsibility for the evacuation operation. The guarantee would include the assurance that the route was clear of mines in the areas of respective responsibility.

Page 1, 4.
The YPA will provide suitable military vehicles for the movement from Vukovar to Zidine; the Republic of Croatia will provide suitable vehicles for the remainder of the journey. Both parties will provide suitably equipped and manned ambulances for some 40 seriously ill and lorries or coaches as appropriate for the remaining 360 or so casualties of whom around a third will be stretcher cases.
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.
Representatives of the Republic of Croatia, the Yugoslav Peoples Army (YPA), the International Committee of the Red Cross (ICRC), Medecins sans Frontier and the Maltese Cross met on 18 November 1991 and reached the following agreement regarding a convoy to evacuate the wounded and sick from Vukovar Hospital.

Page 1, 4.
The YPA will provide suitable military vehicles for the movement from Vukovar to Zidine; the Republic of Croatia will provide suitable vehicles for the remainder of the journey. Both parties will provide suitably equipped and manned ambulances for some 40 seriously ill and lorries or coaches as appropriate for the remaining 360 or so casualties of whom around a third will be stretcher cases.

Page 1, 5.
The evacuation will include all those wounded or sick undergoing medical treatment in Vukovar hospital who are judged by the authorities of the hospital to be fit to make the journey.
Missing persons: No specific mention.
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, 7.
The Republic of Croatia and the YPA agree that the EC Monitor Mission should monitor the whole of the operation, having full access to all elements of the evacuation. The two Parties will also facilitate the involvement of the ICRC, Medecins sans Frontier and the Maltese Cross, as appropriate, to allow them to play such roles as may be decided in supporting and monitoring the evacuation.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Seselj trial exhibit no. P00597
http://icr.icty.org/

Decisions on Humanitarian Convoy to Evacuate Wounded and Sick from Vukovar Hospital – 18 November

1. Representatives of the Republic of Croatia, the Yugoslav Peoples Army (YPA), the International Committee of the Red Cross (ICRC), Medecins sans Frontier and the Maltese Cross met on 18 November 1991 and reached the following agreement regarding a convoy to evacuate the wounded and sick from Vukovar Hospital.

2. The Republic of Croatia and the YPA undertook to guarantee:

a ceasefire in the area of Vukovar Hospital and along the agreed evacuation route.

This guarantee would cover both regular forces and irregular units in the areas in which they would respectively have responsibility for the evacuation operation.,

The guarantee would include the assurance that the route was clear of mines in the areas of respective responsibility.

3. The convoy will take a route from Vukovar to Prilievo to Luzac to Bogdanovci to Marinci to Zidine.

The transfer from YPA to Croatian responsibility will take place at Zidine at the cross road to Henrikovci.

The convoy will move at times tp be agreed and notified to each side well before evacuation.

4. The YPA will provide suitable military vehicles for the movement from Vukovar to Zidine;

the Republic of Croatia will provide suitable vehicles for the remainder of the journey.

Both parties will provide suitably equipped and manned ambulances for some 40 seriously ill and lorries or coaches as appropriate for the remaining 360 or so casualties of whom around a third will be stretcher cases.

5. The evacuation will include all those wounded or sick undergoing medical treatment in Vukovar hospital who are judged by the authorities of the hospital to be fit to make the journey.

6. The Republic of Croatia and the YPA will recognise the neutrality of Vukovar hospital during a period covering the evacuation.

The hospital will be put under the protection of the ICRC who will advise both parties of the period of neutrality which they require.

7. The Republic of Croatia and the YPA agree that the EC Monitor Mission should monitor the whole of the operation, having full access to all elements of the evacuation.

The two Parties will also facilitate the involvement of the ICRC, Medecins sans Frontier and the Maltese Cross, as appropriate, to allow them to play such roles as may be decided in supporting and monitoring the evacuation.

8. This agreement is subject to all parties meeting their respective responsibilities.

Any party may withdraw at any time if it judges that the terms of the agreement have not been met.

The option of withdrawal would in particular arise if the security undertakings given by the Republic of Croatia and the JNA were judged to have been invalidated.

Signed for the Republic of Croatia

Signed for the YPA