United Nations Security Council Resolution 1247 – Bosnia and Herzegovina

Resolution 1247 (1999)

The Security Council,

Recalling all its previous relevant resolutions concerning the conflicts inthe former Yugoslavia, including resolutions 1031 (1995) of 15 December 1995,1035 (1995) of 21 December 1995, 1088 (1996) of 12 December 1996, 1144 (1997) of19 December 1997, 1168 (1998) of 21 May 1998, 1174 (1998) of 15 June 1998, and1184 (1998) of 16 July 1998,

Reaffirming its commitment to the political settlement of the conflicts inthe former Yugoslavia, preserving the sovereignty and territorial integrity ofall States there within their internationally recognized borders,

Underlining its commitment to supporting implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto(collectively the Peace Agreement, S/1995/999, annex),

Emphasizing its appreciation to the High Representative, the Commander andpersonnel of the multinational stabilization force (SFOR), the Special Representative of the Secretary-General and the personnel of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), including the Commissioner andpersonnel of the International Police Task Force (IPTF), and the personnel ofother international organizations and agencies in Bosnia and Herzegovina fortheir contributions to the implementation of the Peace Agreement,

Noting that the States in the region must play a constructive role in the successful development of the peace process in Bosnia and Herzegovina, andnoting especially the obligations of the Republic of Croatia and the Federal Republic of Yugoslavia in this regard as signatories to the Peace Agreement,

Emphasizing that a comprehensive and coordinated return of refugees and displaced persons throughout the region continues to be crucial to lasting peace,

Taking note of the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid on 16 December 1998 (S/1999/139, annex) andthe conclusions of its previous meetings,

Noting the reports of the High Representative, including his latest reportof 5 May 1999 (S/1999/524),

Having considered the report of the Secretary-General of 11 June 1999(S/1999/670),

Determining that the situation in the region continues to constitute athreat to international peace and security,

Determined to promote the peaceful resolution of the conflicts in accordance with the purposes and principles of the Charter of the UnitedNations,

Acting under Chapter VII of the Charter of the United Nations,

I

1. Reaffirms once again its support for the Peace Agreement, as well asfor the Dayton Agreement on implementing the Federation of Bosnia andHerzegovina of 10 November 1995 (S/1995/1021, annex), calls upon the parties tocomply strictly with their obligations under those Agreements, and expresses itsintention to keep the implementation of the Peace Agreement, and the situationin Bosnia and Herzegovina, under review;

2. Reiterates that the primary responsibility for the further successfulimplementation of the Peace Agreement lies with the authorities in Bosnia and Herzegovina themselves and that the continued willingness of the international community and major donors to assume the political, military and economic burdenof implementation and reconstruction efforts will be determined by the compliance and active participation by all the authorities in Bosnia andHerzegovina in implementing the Peace Agreement and rebuilding a civil society,in particular in full cooperation with the International Tribunal for the FormerYugoslavia, in strengthening joint institutions and in facilitating returns ofrefugees and displaced persons;

3. Reminds the parties once again that, in accordance with the PeaceAgreement, they have committed themselves to cooperate fully with all entitiesinvolved in the implementation of this peace settlement, as described in thePeace Agreement, or which are otherwise authorized by the Security Council,including the International Tribunal for the Former Yugoslavia, as it carriesout its responsibilities for dispensing justice impartially, and underlines thatfull cooperation by States and entities with the International Tribunalincludes, inter alia, the surrender for trial of all persons indicted by theTribunal and provision of information to assist in Tribunal investigations;

4. Emphasizes its full support for the continued role of the HighRepresentative in monitoring the implementation of the Peace Agreement andgiving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement,and reaffirms that the High Representative is the final authority in theatreregarding the interpretation of Annex 10 on civilian implementation of the PeaceAgreement and that in case of dispute he may give his interpretation and makerecommendations, and make binding decisions as he judges necessary on issues aselaborated by the Peace Implementation Council in Bonn on 9 and10 December 1997;

5. Expresses its support for the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid on 16 December 1998;

6. Recognizes that the parties have authorized the multinational forcereferred to in paragraph 10 below to take such actions as required, includingthe use of necessary force, to ensure compliance with Annex 1-A of the PeaceAgreement;

7. Reaffirms its intention to keep the situation in Bosnia andHerzegovina under close review, taking into account the reports submittedpursuant to paragraphs 18 and 25 below, and any recommendations those reportsmight include, and its readiness to consider the imposition of measures if anyparty fails significantly to meet its obligations under the Peace Agreement;

II

8. Pays tribute to those Member States which participated in the multinational stabilization force established in accordance with its resolution1088 (1996), and welcomes their willingness to assist the parties to the PeaceAgreement by continuing to deploy a multinational stabilization force;

9. Notes the support of the parties to the Peace Agreement for thecontinuation of the multinational stabilization force, set out in thedeclaration of the Ministerial meeting of the Peace Implementation Conference inMadrid;

10. Authorizes the Member States acting through or in cooperation with theorganization referred to in Annex 1-A of the Peace Agreement to continue for afurther planned period of 12 months the multinational stabilization force (SFOR)as established in accordance with its resolution 1088 (1996) under unifiedcommand and control in order to fulfil the role specified in Annex 1-A andAnnex 2 of the Peace Agreement, and expresses its intention to review thesituation with a view to extending this authorization further as necessary inthe light of developments in the implementation of the Peace Agreement and thesituation in Bosnia and Herzegovina;

11. Authorizes the Member States acting under paragraph 10 above to takeall necessary measures to effect the implementation of and to ensure compliancewith Annex 1-A of the Peace Agreement, stresses that the parties shall continueto be held equally responsible for compliance with that Annex and shall be equally subject to such enforcement action by SFOR as may be necessary to ensure implementation of that Annex and the protection of SFOR, and takes note that the parties have consented to SFOR’s taking such measures;

12. Authorizes Member States to take all necessary measures, at therequest of SFOR, either in defence of SFOR or to assist the force in carryingout its mission, and recognizes the right of the force to take all necessarymeasures to defend itself from attack or threat of attack;

13. Authorizes the Member States acting under paragraph 10 above, inaccordance with Annex 1-A of the Peace Agreement, to take all necessary measuresto ensure compliance with the rules and procedures established by the Commanderof SFOR, governing command and control of airspace over Bosnia and Herzegovinawith respect to all civilian and military air traffic;

14. Requests the authorities in Bosnia and Herzegovina to cooperate withthe Commander of SFOR to ensure the effective management of the airports ofBosnia and Herzegovina, in the light of the responsibilities conferred on SFORby Annex 1-A of the Peace Agreement with regard to the airspace of Bosnia andHerzegovina;

15. Demands that the parties respect the security and freedom of movementof SFOR and other international personnel;

16. Invites all States, in particular those in the region, to continue toprovide appropriate support and facilities, including transit facilities, forthe Member States acting under paragraph 10 above;

17. Recalls all the agreements concerning the status of forces as referredto in Appendix B to Annex 1-A of the Peace Agreement, and reminds the parties oftheir obligation to continue to comply therewith;

18. Requests the Member States acting through or in cooperation with theorganization referred to in Annex 1-A of the Peace Agreement to continue toreport to the Council, through the appropriate channels and at least at monthlyintervals;

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Reaffirming the legal basis in the Charter of the United Nations on which the IPTF was given its mandate in resolution 1035 (1995),

III

19. Decides to extend the mandate of UNMIBH, which includes the IPTF, foran additional period terminating on 21 June 2000, and also decides that the IPTFshall continue to be entrusted with the tasks set out in Annex 11 of the PeaceAgreement, including the tasks referred to in the Conclusions of the London,Bonn, Luxembourg, and Madrid Conferences and agreed by the authorities in Bosniaand Herzegovina;

20. Requests the Secretary-General to keep the Council regularly informedon the work of the IPTF and its progress in assisting the restructuring of lawenforcement agencies and UNMIBH’s progress in monitoring and assessing the courtsystem, and to report every three months on the implementation of the mandate ofUNMIBH as a whole;

21. Reiterates that the successful implementation of the tasks of the IPTFrests on the quality, experience and professional skills of its personnel, andonce again urges Member States, with the support of the Secretary-General, toensure the provision of such qualified personnel;

22. Reaffirms the responsibility of the parties to cooperate fully with,and to instruct their respective responsible officials and authorities toprovide their full support to, the IPTF on all relevant matters;

23. Reiterates its call upon all concerned to ensure the closest possiblecoordination between the High Representative, SFOR, UNMIBH and the relevantcivilian organizations and agencies so as to ensure the successfulimplementation of the Peace Agreement and of the priority objectives of thecivilian consolidation plan, as well as the security of IPTF personnel;

24. Urges Member States, in response to demonstrable progress by theparties in restructuring their law enforcement institutions, to intensify theirefforts to provide, on a voluntary-funded basis and in coordination with theIPTF, training, equipment and related assistance for local police forces inBosnia and Herzegovina;

25. Also requests the Secretary-General to continue to submit to theCouncil reports from the High Representative, in accordance with Annex 10 of thePeace Agreement and the conclusions of the Peace Implementation Conference heldin London on 4 and 5 December 1996 (S/1996/1012), and later Peace ImplementationConferences, on the implementation of the Peace Agreement and in particular oncompliance by the parties with their commitments under that Agreement;

26. Decides to remain seized of the matter.

Adopted by the Security Council at its 4014th meeting,on 18 June 1999.