Joint Commission to Trace Missing Persons and Mortal Remains

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Joint Commission to Trace Missing Persons and Mortal Remains
Date: 16 Dec 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: For the Federal Executive Council of the Socialist Federative Republic of Yugoslavia:
Dr. Dragoljub Nikolic

For the Republic of Croatia;
Dr. Vladimir Jonke

For the Republic of Serbia:
Dr. Krsman Paunovic

For the Yugoslav People’s Army:
Colonel Dr. Miodrag Starcevic

For the International Committee of the Red Cross:
Mr. Francis Amar
Third parties: -
Description: This agreement provides for establishing a Joint Commission to Trace Missing Persons and Mortal Remains, advised and chaired by the International Committee of the Red Cross. The parties agree to exchange information regarding the identification and gravesites of deceased persons, and the handover of mortal remains.

Agreement document: HR_911216_Joint Commission to Trace Missing Persons and Mortal Remains.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: Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.2. PROCESSING MISSING PERSON FILES
2.2.3 ...Once the case has been resolved, the family shall be informed accordingly by the party on which the missing person depends and the file shall be closed.

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: [Summary] The agreement in its entirety provides for the creation, rules of procedure and function of a Joint Commission to trace missing persons and mortal remains, and extensively refers to the ICRC's modalities for advising and chairing the Commission.

Page 2, PART I. MEMBERS OF THE JOINT COMMISSION, RULE 1 (MEMBERSHIP)
2. In addition to its chief representative, or his substitute, each member shall be allowed up to three other representatives at each meeting (i.e. technical advisers). All Red Cross organizations concerned, and in particular the Yugoslav Red Cross, the Croatian Red Cross and the Serbian Red Cross are designated as permanent advisers to the members of the Joint Commission.

Page 2, PART I. MEMBERS OF THE JOINT COMMISSION, RULE 2 (CHAIRMANSHIP)
1. The International Committee of the Red Cross (ICRC), acting as a neutral intermediary, shall put at the Joint Commission's disposal a delegation which will chair the meetings of the Joint Commission.
2. Following each meeting, the ICRC shall submit for the approval by the Joint Commission the minutes containing the decisions adopted during the meeting.

Page 7, PART III PARTICIPATION BY THE ICRC, RULE 17
1. The ICRC shall participate in the work of the Joint Commission in conformity with its role as defined by its mandate and by international humanitarian law.
2. The ICRC shall act as chairman of the Joint Commission without prejudice to its humanitarian activities relating to the conflict.

Page 7, PART III PARTICIPATION BY THE ICRC, RULE 18 (COMMUNICATIONS, PROPOSALS AND INFORMATION SUBMITTED BY THE ICRC FOR CONSIDERATION BY THE JOINT COMMISSION)
1. The ICRC shall bring to the Joint Commission's attention, on its own initiative, any communication, proposal, plan of work or information which might contribute to the efficiency of the Joint Commission's work. Any such contribution by the ICRC shall be dealt with as a matter of priority in the agenda of each meeting, if the Commission so decides.
2. The Joint Commission may request the ICRC at any time to submit opinions on points of law, to make practical proposals or to intervene as a consulting body to the Joint Commission.
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, BASIC RULES
Taking into consideration the "Memorandum of Understanding" adopted on 27th November 1991 and in particular the point 8 relative to the tracing of missing persons and mortal remains the parties decide to set up a Joint Commission which will work
- in conformity with the Geneva Conventions of 12 August 1949, and in particular
a) Articles 16 and 17 of the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field of 12 August 1949 (hereinafter "the First Convention"),
b) Articles 19 and 20 of the Geneva convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea of 12 August 1949 (hereinafter "the Second Convention"),
e) Articles 118, 119, 120, 121, 122 and 123 of the Geneva Convention relative to the treatment of prisoners of war of 12 August 1949 (hereinafter "the Third Convention"),
d) Articles 26, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139 and 140 of the Geneva Convention relative to the protection of civilian persons in time of war of 12 August 1949 (hereinafter "the Fourth Convention"),
- and in conformity with articles 32 to 34 of the Additional Protocol I, the parties adopt the rules set below.

Page 5, PART II, PROCEEDINGS OF THE JOINT COMMISSION: GENERAL RULES, RULE ll (HEARINGS)
The Joint Commission may hear any person whom it considers to be in a position to assist it in the performance of its functions with regard to the Geneva Conventions.

Page 7, PART III PARTICIPATION BY THE ICRC, RULE 17
1. The ICRC shall participate in the work of the Joint Commission in conformity with its role as defined by its mandate and by international humanitarian law.
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: Rights related issues→Protection measures→Protection of civilians
Page 1, Basic Rules

d) Articles 26, 129, 130, 131, 132, 133, 134, 136, 137, 138,
139 and 140 of the Geneva Convention relative to the
protection of civilian persons in time of war of 12 August
1949 (hereinafter "the Fourth Convention"),
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: 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: [Summary] The agreement in its entirety provides for the creation, rules of procedure and function of a Joint Commission to trace missing persons and mortal remains.

Page 1, BASIC RULES
Taking into consideration the "Memorandum of Understanding" adopted on 27th November 1991 and in particular the point 8 relative to the tracing of missing persons and mortal remains the parties decide to set up a Joint Commission which will work
- in conformity with the Geneva Conventions of 12 August 1949,...

Page 2, PART I. MEMBERS OF THE JOINT COMMISSION, RULE 1 (MEMBERSHIP)
1. The members of the Joint Commission shall be representatives of:
- the Federal Executive Council of the Socialist Federative Republic of Yugoslavia
- the Republic of Croatia
- the Republic of Serbia
- the Yugoslav People's Army

Page 2, PART I. MEMBERS OF THE JOINT COMMISSION, RULE 1 (MEMBERSHIP)
2. In addition to its chief representative, or his substitute, each member shall be allowed up to three other representatives at each meeting (i.e. technical advisers). All Red Cross organizations concerned, and in particular the Yugoslav Red Cross, the Croatian Red Cross and the Serbian Red Cross are designated as permanent advisers to the members of the Joint Commission.

Page 3, PART II PROCEEDINGS OF THE JOINT COMMISSION: GENERAL RULES, RULE 3 (MANDATE)
The mandate of the Joint Commission shall be:
I) the co-ordination of the activities of the Tracing Services,
II) the intervention in some specific requests and more complex cases, and
III) the discussion of every unclosed request.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 1. INFORMATION ON THE DECEASED
1.1 The parties to the conflict shall provide to the adverse party/parties, through the intermediary of the ICRC and National Information Bureaux and, as rapidly as possible, all available information regarding:
- the identification of deceased persons
- the gravesites of deceased persons belonging to the adverse party/parties.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 1. INFORMATION ON THE DECEASED
1.2 At the request of the party on which the deceased depend, the parties to the conflict shall organize the handover of the mortal remains and/or allow the identification of the deceased by the adverse party.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 1. INFORMATION ON THE DECEASED, 1.3 PROPOSAL
By mutual agreement, the parties may decide on the participation of foreign medical experts in identifying the deceased.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.1. COLLECTION OF INFORMATION ON MISSING PERSONS
2.1.1 Each party is responsible for compiling a list of its reported missing, taking into account:
- captured persons - who have been returned;
- deaths recorded among members of its armed forces;
- notifications of deaths and information relative to deceased persons received from the adverse party/ parties through the intermediary of the ICRC and National Information Bureaux.

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.1. COLLECTION OF INFORMATION ON MISSING PERSONS
2.1.2 As regards its missing person, each party is responsible for compiling a file with as many details as possible, on the basis of page 1 of the form headed “official request for missing person”. As a rule, there should be one file for each missing person.

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.2. PROCESSING MISSING PERSON FILES
2.2.1 Each opened file shall be sent on the attached form in duplicate to the ICRC which shall arrange for it to be forwarded to the party concerned. The reference number of each file is the preprinted number of the form.

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.2. PROCESSING MISSING PERSON FILES
2.2.2 On the basis of the contents of each file, the adverse party/parties shall take all possible measures (administrative steps and appeal to the public) to obtain information on the person reported missing. Details of the various measures taken and the results obtained shall be recorded on page 2 of the form headed "official request for missing person", duly dated and authenticated by the party concerned. All documents relative to the measures taken and the results obtained shall be included in the file. Any first-hand accounts shall be dated and shall contain the name(s) and address(es) of the witness(es).

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.2. PROCESSING MISSING PERSON FILES
2.2.3 Once the enquiry has been completed, page 2 of the form “official request for missing person" with the accompanying documents shall be returned in duplicate to the ICRC, which shall forward them to the party on which the missing person depends. Once the case has been resolved, the family shall be informed accordingly by the party on which the missing person depends and the file shall be closed.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: [Summary] The agreement in its entirety provides for the creation, rules of procedure and function of a Joint Commission to trace missing persons and mortal remains.

Page 1, BASIC RULES
Taking into consideration the "Memorandum of Understanding" adopted on 27th November 1991 and in particular the point 8 relative to the tracing of missing persons and mortal remains the parties decide to set up a Joint Commission which will work
- in conformity with the Geneva Conventions of 12 August 1949,...

Page 2, PART I. MEMBERS OF THE JOINT COMMISSION, RULE 1 (MEMBERSHIP)
1. The members of the Joint Commission shall be representatives of:
- the Federal Executive Council of the Socialist Federative Republic of Yugoslavia
- the Republic of Croatia
- the Republic of Serbia
- the Yugoslav People's Army

Page 2, PART I. MEMBERS OF THE JOINT COMMISSION, RULE 1 (MEMBERSHIP)
2. In addition to its chief representative, or his substitute, each member shall be allowed up to three other representatives at each meeting (i.e. technical advisers). All Red Cross organizations concerned, and in particular the Yugoslav Red Cross, the Croatian Red Cross and the Serbian Red Cross are designated as permanent advisers to the members of the Joint Commission.

Page 3, PART II PROCEEDINGS OF THE JOINT COMMISSION: GENERAL RULES, RULE 3 (MANDATE)
The mandate of the Joint Commission shall be:
I) the co-ordination of the activities of the Tracing Services,
II) the intervention in some specific requests and more complex cases, and
III) the discussion of every unclosed request.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 1. INFORMATION ON THE DECEASED
1.1 The parties to the conflict shall provide to the adverse party/parties, through the intermediary of the ICRC and National Information Bureaux and, as rapidly as possible, all available information regarding:
- the identification of deceased persons
- the gravesites of deceased persons belonging to the adverse party/parties.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 1. INFORMATION ON THE DECEASED
1.2 At the request of the party on which the deceased depend, the parties to the conflict shall organize the handover of the mortal remains and/or allow the identification of the deceased by the adverse party.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 1. INFORMATION ON THE DECEASED, 1.3 PROPOSAL
By mutual agreement, the parties may decide on the participation of foreign medical experts in identifying the deceased.

Page 9, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.1. COLLECTION OF INFORMATION ON MISSING PERSONS
2.1.1 Each party is responsible for compiling a list of its reported missing, taking into account:
- captured persons - who have been returned;
- deaths recorded among members of its armed forces;
- notifications of deaths and information relative to deceased persons received from the adverse party/ parties through the intermediary of the ICRC and National Information Bureaux.

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.1. COLLECTION OF INFORMATION ON MISSING PERSONS
2.1.2 As regards its missing person, each party is responsible for compiling a file with as many details as possible, on the basis of page 1 of the form headed “official request for missing person”. As a rule, there should be one file for each missing person.

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.2. PROCESSING MISSING PERSON FILES
2.2.1 Each opened file shall be sent on the attached form in duplicate to the ICRC which shall arrange for it to be forwarded to the party concerned. The reference number of each file is the preprinted number of the form.

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.2. PROCESSING MISSING PERSON FILES
2.2.2 On the basis of the contents of each file, the adverse party/parties shall take all possible measures (administrative steps and appeal to the public) to obtain information on the person reported missing. Details of the various measures taken and the results obtained shall be recorded on page 2 of the form headed "official request for missing person", duly dated and authenticated by the party concerned. All documents relative to the measures taken and the results obtained shall be included in the file. Any first-hand accounts shall be dated and shall contain the name(s) and address(es) of the witness(es).

Page 10, ANNEX, PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY AND CIVILIAN MISSING, 2. MISSING PERSONS, 2.2. PROCESSING MISSING PERSON FILES
2.2.3 Once the enquiry has been completed, page 2 of the form “official request for missing person" with the accompanying documents shall be returned in duplicate to the ICRC, which shall forward them to the party on which the missing person depends. Once the case has been resolved, the family shall be informed accordingly by the party on which the missing person depends and the file shall be closed.
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: Their Words: Directory of Armed Non-State Actor Humanitarian Commitments http://theirwords.org/

JOINT COMMISSION TO TRACE MISSING PERSONS AND MORTAL REMAINS RULES OF PROCEDURE AND PLAN OF OPERATION

BASIC RULES

Taking into consideration the "Memorandum of Understanding" adopted on 27th November 1991 and in particular the point 8 relative to the tracing of missing persons and mortal remains the parties decide to set up a Joint Commission which will work

- in conformity with the Geneva Conventions of 12 August 1949, and in particular

a) Articles 16 and 17 of the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field of 12 August 1949 (hereinafter "the First Convention"),

b) Articles 19 and 20 of the Geneva convention for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea of 12 August 1949 (hereinafter "the Second Convention"),

e) Articles 118, 119, 120, 121, 122 and 123 of the Geneva Convention relative to the treatment of prisoners of war of 12 August 1949 (hereinafter "the Third Convention"),

d) Articles 26, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139 and 140 of the Geneva Convention relative to the protection of civilian persons in time of war of 12 August 1949 (hereinafter "the Fourth Convention"),

- and in conformity with articles 32 to 34 of the Additional Protocol I,

the parties adopt the rules set below.

PART I. MEMBERS OF THE JOINT COMMISSION

RULE 1 (MEMBERSHIP)

1. The members of the Joint Commission shall be representatives of:

- the Federal Executive Council of the Socialist Federative Republic of Yugoslavia

- the Republic of Croatia

- the Republic of Serbia

- the Yugoslav People's Army

2. In addition to its chief representative, or his substitute, each member shall be allowed up to three other representatives at each meeting (i.e. technical advisers).

All Red Cross organizations concerned, and in particular the Yugoslav Red Cross, the Croatian Red Cross and the Serbian Red Cross are designated as permanent advisers to the members of the Joint Commission.

RULE 2 (CHAIRMANSHIP)

1. The International Committee of the Red Cross (ICRC), acting as a neutral intermediary, shall put at the Joint Commission's disposal a delegation which will chair the meetings of the Joint Commission.

2. Following each meeting, the ICRC shall submit for the approval by the Joint Commission the minutes containing the decisions adopted during the meeting.

PART II PROCEEDINGS OF THE JOINT COMMISSION:

GENERAL RULES

RULE 3 (MANDATE)

The mandate of the Joint Commission shall be:

the co-ordination of the activities of the Tracing Services,

the intervention in some specific requests and more complex cases, and

the discussion of every unclosed request.

RULE 4 (VENUE)

As a general rule, the Joint Commission shall meet in Pecs and in Geneva whenever necessary.

RULE 5 (LANGUAGE)

The official and working language of the Joint Commission shall be English.

RULE 6 (HOLDING OF MEETINGS)

1. The Joint Commission shall hold as many meetings as required for the exercise of its functions.

2. Meetings shall be convened on dates decided by the Joint Commission.

At the end of each meeting, the place, time and date of the next meeting shall be agreed upon.

3. The Joint Commission may be convened in Geneva for extraordinary meetings, at the request of the ICRC, to deal with specific questions, such as those related to legal problems or matters handled by the Central Tracing Agency.

In such cases the ICRC shall notify the other members of the Commission of the date and time of the meeting.

Whenever possible such notification shall be given at least ten days in advance.

RULE 7 (AGENDA)

1. Each member shall circulate to the other members and to the ICRC any proposed agenda items or a draft agenda of matters to be discussed at the next meeting.

Notification of such items shall be given at least 48 hours before the next meeting.

2. At the beginning of each meeting the ICRC shall propose a comprehensive agenda.

3. The agenda shall be adopted by the Joint Commission at the beginning of each meeting.

RULE 8 (DOCUMENTATION)

At least one copy of all working documents relating to the various items on the agenda shall be provided to each member of the Joint Commission and to the ICRC.

RULE 9 (QUORUM)

For its proceedings to be valid, the Joint Commission shall require a quorum of at least one representative of each member.

RULE 10 (PRIVACY AND CONFIDENTIALITY)

1. The Joint Commission shall meet in camera.

Its deliberations shall remain confidential unless it decides otherwise, with the consent of ICRC.

2. Apart from the representatives of Joint Commission members, Red Cross members and of the ICRC, no other person may be present at its meetings, unless the Joint Commission and the ICRC decide otherwise.

RULE 11 (HEARINGS)

The Joint Commission may hear any person whom it considers to be in a position to assist it in the performance of its functions with regard to the Geneva Conventions.

RULE 12 (PROPOSALS)

Any proposal must be submitted in writing if a member of the Joint Commission so requests.

In such a case, the proposal shall not be discussed until it has been circulated.

RULE 13 (ADOPTION OF DECISIONS)

1. The decisions of the Joint Commission shall be adopted by consensus.

2. The decisions of the Joint Commission shall be implemented immediately.

3. Parts of a proposal or amendment may be adopted separately.

RULE 14 (RECONSIDERATION OF DECISIONS)

1. Any member of the Commission may suggest the reconsideration of a decision already adopted.

2. Once a decision has been adopted, it may be re-examined only if the Joint Commission accedes to such a request.

RULE 15 (WORKING GROUPS)

The Joint Commission may set up ad hoc working groups comprising a limited number of representatives of its various members.

The terms of reference of such working groups shall be defined by the Joint Commission.

RULE 16 (EXPENSES)

The costs related to travel, board and lodging of the members of the Commission and their technical advisers shall be borne by each delegation.

The ICRC shall take charge of all administrative costs, related to the organization of the meetings.

PART III PARTICIPATION BY THE ICRC

RULE 17

1. The ICRC shall participate in the work of the Joint Commission in conformity with its role as defined by its mandate and by international humanitarian law.

2. The ICRC shall act as chairman of the Joint Commission without prejudice to its humanitarian activities relating to the conflict.

RULE 18 (COMMUNICATIONS, PROPOSALS AND INFORMATION SUBMITTED BY THE ICRC FOR CONSIDERATION BY THE JOINT COMMISSION)

1. The ICRC shall bring to the Joint Commission's attention, on its own initiative, any communication, proposal, plan of work or information which might contribute to the efficiency of the Joint Commission's work.

Any such contribution by the ICRC shall be dealt with as a matter of priority in the agenda of each meeting, if the Commission so decides.

2. The Joint Commission may request the ICRC at any time to submit opinions on points of law, to make practical proposals or to intervene as a consulting body to the Joint Commission.

PART IV

RULE 19 (AMENDMENTS TO THE RULES)

These rules of procedure may be amended by a decision of the Joint Commission.

RULE 20 (TERMINATION OF THE COMMISSION)

The work of the Commission shall end upon completion of its tasks or following a decision taken by the signatories of the Memorandum of Understanding agreed in Geneva on 27 November 1991.

Annex entitled “Plan Fate of Operation Designed to Ascertain the Whereabouts or Fate of the Military and Civilian Missing” enclosed.

For the Federal Executive Council of the Socialist Federative Republic of Yugoslavia:

Dr. Dragoljub Nikolic

For the Republic of Croatia

Dr. Vladimir Jonke

For the Republic of Serbia:

Dr. Krsman Paunovic

For the Yugoslav People’s Army:

Colonel Dr. Miodrag Starcevic

For the International Committee of the Red Cross:

Mr. Francis Amar

ANNEX

PLAN OF OPERATION DESIGNED TO ASCERTAIN THE WHEREABOUTS OR FATE OF THE MILITARY

AND CIVILIAN MISSING

1. INFORMATION ON THE DECEASED

1.1 The parties to the conflict shall provide to the adverse party/parties, through the intermediary of the ICRC and National Information Bureaux and, as rapidly as possible, all available information regarding:

- the identification of deceased persons

- the gravesites of deceased persons

belonging to the adverse party/parties.

1.2 At the request of the party on which the deceased depend, the parties to the conflict shall organize the handover of the mortal remains and/or allow the identification of the deceased by the adverse party.

1.3 PROPOSAL

By mutual agreement, the parties may decide on the participation of foreign medical experts in identifying the deceased.

2. MISSING PERSONS

2.1. COLLECTION OF INFORMATION ON MISSING PERSONS

2.1.1 Each party is responsible for compiling a list of its reported missing, taking into account:

- captured persons - who have been returned;

- deaths recorded among members of its armed forces;

- notifications of deaths and information relative to deceased persons received from the adverse party/ parties through the intermediary of the ICRC and National Information Bureaux.

2.1.2 As regards its missing person, each party is responsible for compiling a file with as many details as possible, on the basis of page 1 of the form headed “official request for missing person”.

As a rule, there should be one file for each missing person.

2.2. PROCESSING MISSING PERSON FILES

2.2.1 Each opened file shall be sent on the attached form in duplicate to the ICRC which shall arrange for it to be forwarded to the party concerned.

The reference number of each file is the preprinted number of the form.

2.2.2 On the basis of the contents of each file, the adverse party/parties shall take all possible measures (administrative steps and appeal to the public) to obtain information on the person reported missing.

Details of the various measures taken and the results obtained shall be recorded on page 2 of the form headed "official request for missing person", duly dated and authenticated by the party concerned.

All documents relative to the measures taken and the results obtained shall be included in the file.

Any first-hand accounts shall be dated and shall contain the name(s) and address(es) of the witness(es).

2.2.3 Once the enquiry has been completed, page 2 of the form “official request for missing person" with the accompanying documents shall be returned in duplicate to the ICRC, which shall forward them to the party on which the missing person depends.

Once the case has been resolved, the family shall be informed accordingly by the party on which the missing person depends and the file shall be closed.