Principles and Actions to be taken in Establishing the Future Federation Army of Bosnia Herzegovina

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Principles and Actions to be taken in Establishing the Future Federation Army of Bosnia Herzegovina
Date: 12 Mar 1994
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: General Rasim Delic; General Ante Zorislav Roso
Third parties: -
Description: Military agreement as part of the framework negotiations to establish the Federation of Bosnia and Herzegovina. Provides for the principles of a transitional period and the establishment of a Federal Army, including structure of the Joint Command.

Agreement document: BA_940312_Principles and Actions.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: Groups→Racial/ethnic/national group→Substantive
Page 3, II Establishment of a Federal Army, 4.
...In every appointment of the commander and his deputy, no deputy may be from the same constituent people as his commander...
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: Power sharing→Military power sharing→Merger of forces
Page 2, I. Transitional Period, 4.
... - The respective Army chiefs of staff will meet within 5 to 7 days
from the signing of this document to develop a time table for the purpose of planning the organization and structure of the Federal Army. The Commanders of the respective armies will meet 7 days after the chiefs of staff meeting to review the plan developed by the chiefs of staff.

Page 3, II Establishment of a Federal Army, l.
A Federal Army will be formed, established by joining the Army of Bosnian Herzegovina and the Croatian Defense Council and responsible to the Federal command authority of the Federation President through the Minister of Defense.
Power sharing→Military power sharing→Joint command structures
Page 1, I. Transitional Period, 1.
In recognition and furtherance of the Framework Agreement establishing a unified military command of the military of the Federation in the areas of the Republic of Bosnia Herzegovina, the undersigned military representatives join in recognizing and agreeing to the following points and principles.

Page 1, I. Transitional Period, 2.
First, in the transitional period, the military arrangements in the Framework Agreement are supported and accepted as the foundation for future military agreements. These points, repeated verbatim from the Framework Agreement, are:
- current command structures will remain in place;...

Page 2, I. Transitional Period, 4.
... - Establishment of joint liaison teams at the Headquarters of the Army of Bosnia Herzegovina and the Croatian Defense Council until the establishment of a joint military Headquarters, such teams having full communications equipment;
- Establishment of joint liaison teams at subordinate command levels;
- Exchange of military intelligence information;
- Shared command, control, and communications networks;
- Exchange of information on size, location, and commanders of military units, including the marking of minefields;
- Providing notification in advance of all military operations;...

Page 3, II Establishment of a Federal Army, 2.
In the transformation to a Federal Army, a Joint Command from the existing Army of Bosnian Herzegovina and the Croatian Defense Council will be created and be responsible for control of all operational military regions.

Page 3, II Establishment of a Federal Army, 3.
This Joint Command will consist of the top commanders of the Army of Bosnia Herzegovina and the Croatian Defense Council, who will meet regularly. When the constitution is signed by representatives of both constituent people, these two commanders will establish a permanent ten man joint headquarters which will consist of an equal number of ranking officers named by each commander. These officers will work during a transitional period to develop plans for control of all operations of units of the Army of Bosnia Herzegovina and the Croatian Defense Council. The Headquarters will be located in Sarajevo and during the
transitional period the Headquarters will establish permanent liaison with UNPROFOR. The Joint Command transitional tasks will include establishing Joint:
a. Intelligence;
b. Operational planning;
e. Logistics support;
d. Public Affairs;
e. Command, control, and communications;
f. Military police;
g. Verification inspection teams.

Page 3, II Establishment of a Federal Army, 4.
The commanders will establish military region under the joint staff. The military regions will not overlap. Every military region will have a commanding officer and deputy which will be appointed by the Joint Headquarters in Sarajevo. In every appointment of the commander and his deputy, no deputy may be from the same constituent people as his commander. During the transitional period each military region headquarters will establish permanent liaison with UNPROFOR.

Page 4, II Establishment of a Federal Army, 5.
Every military region will have operational control of all units of the Army of Bosnia Herzegovina and the Croatian Defense Council on its territory.

Page 4, II Establishment of a Federal Army, 6.
All officers appointed to command positions must be acceptable to both parties.

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 1-2, Transitional Period, 3.
...In addition, we agree to continuing recognition and observation of the other sound UNPROFOR measures that contribute to stability. Specific measures include free movement of all humanitarian aid, commercial goods, people, and UNPROFOR organizations.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 2,

4. The undersigned parties also recognize the value of additional measures that would aid the military aspects of the Framework Agreement and pledge to work toward confidence building measures
that will include:
Protection and release of all prisoners of war and detainees;
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 1-2, Transitional Period, 3.
...In addition, we agree to continuing recognition and observation of the other sound UNPROFOR measures that contribute to stability. Specific measures include free movement of all humanitarian aid, commercial goods, people, and UNPROFOR organizations.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 1-2, Transitional Period, 3.
...In addition, we agree to continuing recognition and observation of the other sound UNPROFOR measures that contribute to stability. Specific measures include free movement of all humanitarian aid, commercial goods, people, and UNPROFOR organizations.
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, I. Transitional Period, 2.
First, in the transitional period, the military arrangements in the Framework Agreement are supported and accepted as the foundation for future military agreements. These points, repeated verbatim from the Framework Agreement, are:
...- forces of the sides will disengage from one another immediately, with the aim of withdrawing a safe distance to be specified in the military agreement;...

Page 1-2, Transitional Period, 3.
We also recognize and agree to continue with United Nations Protection Force (UNPROFOR) leaders the substantial progress alone current confrontation lines arranged by UNPROFOR, Croatian Defense Council, and Bosnia Herzegovia leaders. In accordance with the UNPROFOR sponsored peace accord signed at Camp Pleso on 2nd February 1994, we confirm agreement of a separation of forces and weapons from designated confrontation lines, as follows:
- 2 km for infantry
- 10 km for mortars
- 20 km for heavy weapons
These withdrawals from the confrontation line will be maintained under continuing UNPROFOR coordination and monitoring. ...
Police: Page 2, I. Transitional Period, 4.
... - Providing military support to civil authorities, to include support to impartial police forces;...
- Establishment of joint convoy escort teams, to include civilian police;
Armed forces: Page 2, I. Transitional Period, 4.
... - The respective Army chiefs of staff will meet within 5 to 7 days from the signing of this document to develop a time table for the purpose of planning the organization and structure of the Federal Army. The Commanders of the respective armies will meet 7 days after the chiefs of staff meeting to review the plan developed by the chiefs of staff.

Page 3, II Establishment of a Federal Army, l.
A Federal Army will be formed, established by joining the Army of Bosnian Herzegovina and the Croatian Defense Council and responsible to the Federal command authority of the Federation President through the Minister of Defense.

Page 3, II Establishment of a Federal Army, 2.
In the transformation to a Federal Army, a Joint Command from the existing Army of Bosnian Herzegovina and the Croatian Defense Council will be created and be responsible for control of all operational military regions.

Page 3, II Establishment of a Federal Army, 3.
This Joint Command will consist of the top commanders of the Army of Bosnia Herzegovina and the Croatian Defense Council, who will meet regularly. When the constitution is signed by representatives of both constituent people, these two commanders will establish a permanent ten man joint headquarters which will consist of an equal number of ranking officers named by each commander. These officers will work during a transitional period to develop plans for control of all operations of units of the Army of Bosnia Herzegovina and the Croatian Defense Council. The Headquarters will be located in Sarajevo and during the
transitional period the Headquarters will establish permanent liaison with UNPROFOR. The Joint Command transitional tasks will include establishing Joint:
a. Intelligence;
b. Operational planning;
e. Logistics support;
d. Public Affairs;
e. Command, control, and communications;
f. Military police;
g. Verification inspection teams.

Page 3, II Establishment of a Federal Army, 4.
The commanders will establish military region under the joint staff. The military regions will not overlap. Every military region will have a commanding officer and deputy which will be appointed by the Joint Headquarters in Sarajevo. In every appointment of the commander and his deputy, no deputy may be from the same constituent people as his commander. During the transitional period each military region headquarters will establish permanent liaison with UNPROFOR.

Page 4, II Establishment of a Federal Army, 5.
Every military region will have operational control of all units of the Army of Bosnia Herzegovina and the Croatian Defense Council on its territory.

Page 4, II Establishment of a Federal Army, 6.
All officers appointed to command positions must be acceptable to both parties.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: [Summary: The agreement provides for the merging of the Army of Bosnia and Herzegovina and the Croatian Defence Council into a Federal Army. See Military Power Sharing for full provisions.]
Withdrawal of foreign forces: Page 1, I. Transitional Period, 2.
First, in the transitional period, the military arrangements in the Framework Agreement are supported and accepted as the foundation for future military agreements. These points, repeated verbatim from the Framework Agreement, are:
...all foreign armed forces, except those present with the agreement, of the Republic of Bosnia and Herzegovina or the authorization of the U.N. Security Council will leave the territory of the Federation.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 2, I. Transitional Period, 4.
... - Support of civil authorities in efforts to identify and provide due process in law to persons suspected of criminal activity, to include alleged war criminals;
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 2, I. Transitional Period, 4.
... - Protection and release of all prisoners of war and detainees;...
Vetting: No specific mention.
Victims: No specific mention.
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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Slobodan Praljak
http://www.slobodanpraljak.com/

WITHIN THE CONTEXT OF THE FRAMEWORK AGREEMENT ESTABLISHING A FEDERATION IN THE AREAS OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA AND OUTLINE OF A PRELIMINARY AGREEMENT FOR A CONFEDERATION BETWEEN THE REPUBLIC OF CROATIA AND THE FEDERATION, WE THE UNDERSIGNED SET FORTH THE PRINCIPLES AND ACTIONS TO BE TAKEN IN ESTABLISHING THE FUTURE FEDERATION ARMY OF BOSNIA HERZEGOVINA

I. Transitional Period

1. In recognition and furtherance of the Framework Agreement establishing a unified military command of the military of the Federation in the areas of the Republic of Bosnia Herzegovina, the undersigned military representatives join in recognizing and agreeing to the following points and principles.

2. First, in the transitional period, the military arrangements in the Framework Agreement are supported and accepted as the foundation for future military agreements.

These points, repeated verbatim from the Framework Agreement, are:

-current command structures will remain in place;

-forces of the sides will disengage from one another immediately, with the aim of withdrawing a safe distance to be specified in the military agreement;

and

- all foreign armed forces, except those present with the agreement of the Republic of Bosnia and Herzegovina or the authoization of the U.N. Security Council will leave the territory of the Federation.

3. We also recognize and agree to continue with United Nations Protection Force (UNPROFOR) leaders the substantial progress alone current confrontation lines arnonged by UNPROFOR, Croatien Defense Council, and Bosnia Herzegovina leaders.

In accordance with the UNPROFOR sponsored peace accord signed at Camp Pleso on 23 February 1994, we confirm agreement of a separation of forces arnd weapons from designated confrontation lines, as follows:

- 2 km for infantry

- 10 km for mortars

- 20 km for heavy weapons

These withdrawals from the confrontation line will be maintained under continuing UNPROFOR coordination and monitoring.

In addition, we agree to continuing recognition and observation of the other sound UNPROFOR measures that contribute to stability.

Specific measures include free movement of all humanitarian aid, commercial goods, people, and UNPROFOR organizations.

4. The undersigned parties also recognize the value of additional measures that would aid the military aspects of the Framework Agreement and pledge to work toward confidence building measures that will include:

- Protection and release of all prisoners of war and detainees;

- Support of civil authorities in efforts to identify and provide due process in law to persons suspected of criminal activity, to include alleged war criminals;

- Establishment of joint liaison teams at the Headquarters of the Army of Bosnia Herzegovina and the Croatian Defense Council until the establishment of a joint military Headquarters, such teams having full communications equipment;

- Establishment of joint liaison teams at subordinate command levels;

- Exchange of military intelligence information;

- Shared command, control, and communications networks;

- Exchange of information on size, location, and commanders of military units, including the marking of minefields;

- Providing notification in advance of all military operations;

- Providing military support to civil authorities, to include support to impartial police forces;

- Continued recognition of the 23 February 1994 peace accord;

- Establishment of joint convoy escort teams, to include civilian police;

- Public statements of support for the framework agreements by military leaders of both parties;

- The respective Army chiefs of staff will meet within 5 to 7 days from the signing of this document to develop a time table for the purpose of planning the organization and structure of the Federal Army.

The Commanders of the respective armies will meet 7 days after the chiefs of staff meeting to review the plan developed by the chiefs of staff.

II Establishment of a Federal Army

1. A Federal Army will be formed, established by joining the Army of Bosnian Herzegovina and the Croatian Defense Council and responsible to the Federal command authority of the Federation President through the Minister of Defense.

2. In the transformation to a Federal Army, a Joint Command from the existing Army of Bosnian Herzegovina and the Croatian Defense Council will be created and be responsible for control of all operational military regions.

3. This Joint Command will consist of the top commanders of the Army of Bosnia Herzegovina and the Croatian Defense Council, who will meet regularly.

When the constitution is signed by representatives of both constituent people, these two commanders will establish a permanent ten man joint headquarters which will consist of an equal number of ranking officers named by each commander.

These officers will work during a transitional period to develop plans for control of all operations of units of the Army of Bosnia Herzegovina and the Croatian Defense Council.

The Headquarters will be located in Sarajevo and during the transitional period the Headquarters will establish permanent liaison with UNPROFOR.

The Joint Command transitional tasks will include establishing Joint:

a. Intelligence;

b. Operational planning;

e. Logistics support;

d. Public Affairs;

e. Command, control, and communications;

f. Military police;

g. Verification inspection teams.

4. The commanders will establish military region under the joint staff.

The military regions will not overlap.

Every military region will have a commanding officer and deputy which will be appointed by the Joint Headquarters in Sarajevo.

In every appointment of the commander and his deputy, no deputy may be from the same constituent people as his commander.

During the transitional period each military region headquarters will establish permanent liaison with UNPROFOR.

5. Every military region will have operational control of all units of the Army of Bosnia Herzegovina and the Croatian Defense Council on its territory.

6. All officers appointed to command positions must be acceptable to both parties.

Done this 12th day of March, 1994, in Split Croatia, in three copies, each in English, Croatian, and Bosnian languages, which shall be equally authentic.

General Rasim Delic [signature]

General Ante Zorislav Roso [signature]