Protocol of Understanding Between the Civilian/Military Representatives of the Republic of Srpska and UNPROFOR

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Protocol of Understanding Between the Civilian/Military Representatives of the Republic of Srpska and UNPROFOR
Date: 19 Feb 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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Yasushi Akashi (UNPROFOR) and Dr Radovan Karadzic, President of the Republic of Srpska
Third parties: -
Description: Short agreement drawing on earlier process regarding the security situation in Sarajevo throughout February 1994, setting out confidence building measures.

Agreement document: BA_940219_Protocol of Understanding.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: 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. in the event that UNPROFOR withdraws, for any reason, from mutually agreed sites for the regrouping of heavy weapons without the agreement of the BSA, or that it withdraws from its interposition areas between the Serb and Muslim lines, the BSA reserves the right to redeploy its weapons and increase troop levels on the frontlines, while in event of a Muslim attack on the Serbs which UNPROFOR is not able either prevent or stop immediately, the BSA reserves the right to implement adequate measures of self-defence;

Page 1,
2. UNPROFOR units on Igman and Bjelasnica must return to the areas agreed with the BSA in August 1993, and that a joint BSA/UNPROFOR inspection of the two areas will periodically be taking place;

Page 1,
3. it is understood that UNPROFOR undertakes to interpose troops along the current battlelines in Sarajevo district which includes its outer ring;

Page 1,
5. discussions between the BSA and UNPROFOR will take place as soon as possible on the subject of Sarajevo airport, considering in the first instance two matters: (a) the use of the airport site for communications purpose of the Serb side, and (b) the question of the tunnel underneath the airport used by the Muslims side to move troops;

Page 1,
7. if the BSA decides to decrease the number of heavy weapons in the TEZ for reasons of maintenance and repair, UNPROFOR shall at all times assist the BSA in the activities, it being understood that UNPROFOR will be informed in advance of such cases;

Page 2,
9. BSA and UNPROFOR expresses readiness to engage in an ongoing process of building measures of mutual confidence.
Ceasefire: Security sector→Ceasefire→General commitments
Page 1,
4. neither the Serb nor the Muslim side is permitted to engage in military activities or any description, and this includes consolidation of trenches or their forward movement and similar activities;

Page 1,
6. neither the Muslim nor the Serb side will allowed to extract military advantages during the current pacification process in Sarajevo district;
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: Page 2,
8. any future incidents of the kind that took place in Sarajevo on 6 February 1994, will be investigated by committees that will include Serb experts and empowered to conduct wide-ranging methods of inquiry;
Prisoner release: No specific mention.
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: Page 1,
2. UNPROFOR units on Igman and Bjelasnica must return to the areas agreed with the BSA in August 1993, and that a joint BSA/UNPROFOR inspection of the two areas will periodically be taking place;

Page 1,
3. it is understood that UNPROFOR undertakes to interpose troops along the current battlelines in Sarajevo district which includes its outer ring;
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY IT-95-5/18:Karadzic and Mladic Exhibit D00717
Outgoing Code Cable, Mr. AKASHI to Mr. ANNAN, No. Z-1256, 16 August 1994, Subject: Weapon Collection Points (WCP) - Sarajevo, with Signed Points of Agreement and Protocol of Understanding Between the Civilian/Military Representatives of RS and UNPROFOR
http://icr.icty.org

Protocol of Understanding Between the Civilian/Military Representatives of the Republic of Srpska and UNPROFOR

Proceeding on the basis of the agreement between Mr Yasushi Akashi, the UN special envoy to the former Yugoslavia, and Dr Radovan Karadzic, President of the Republic of Srpska, made on 6 February 1994 in Lukavica, and the agreement between the Delegation of the Republic of Srpska and the co-chairmen of the ICFY on 6 February 1994 in Zvornik, and additionally on the basis of the ceasefire agreement reached by the Serb and Muslim sides at Sarajevo airport on 9 February, a meeting took place in Lukavica on 18 February 1994 between Mr Akashi and Dr Karadzic and their civilian and military assistants.

This meeting produced a three point agreement signed by Mr Akashi and Dr Karadzic (see Annex).

At a subsequent meeting on 19 February it was further agreed that:

1. in the event that UNPROFOR withdraws, for any reason, from mutually agreed sites for the regrouping of heavy weapons without the agreement of the BSA, or that it withdraws from its interposition areas between the Serb and Muslim lines, the BSA reserves the right to redeploy its weapons and increase troop levels on the frontlines, while in event of a Muslim attack on the Serbs which UNPROFOR is not able either prevent or stop immediately, the BSA reserves the right to implement adequate measures of self-defence;

2. UNPROFOR units on Igman and Bjelasnica must return to the areas agreed with the BSA in August 1993, and that a joint BSA/UNPROFOR inspection of the two areas will periodically be taking place;

3. it is understood that UNPROFOR undertakes to interpose troops along the current battlelines in Sarajevo district which includes its outer ring;

4. neither the Serb nor the Muslim side is permitted to engage in military activities or any description, and this includes consolidation of trenches or their forward movement and similar activities;

5. discussions between the BSA and UNPROFOR will take place as soon as possible on the subject of Sarajevo airport, considering in the first instance two matters:

(a) the use of the airport site for communications purpose of the Serb side, and (b) the question of the tunnel underneath the airport used by the Muslims side to move troops;

6. neither the Muslim nor the Serb side will allowed to extract military advantages during the current pacification process in Sarajevo district;

7. if the BSA decides to decrease the number of heavy weapons in the TEZ for reasons of maintenance and repair, UNPROFOR shall at all times assist the BSA in the activities, it being understood that UNPROFOR will be informed in advance of such cases;

8. any future incidents of the kind that took place in Sarajevo on 6 February 1994, will be investigated by committees that will include Serb experts and empowered to conduct wide-ranging methods of inquiry;

9. BSA and UNPROFOR expresses readiness to engage in an ongoing process of building measures of mutual confidence.

Lukavica, 19 February 1994.