United Nations Security Council Resolution 1423 – Bosnia and Herzegovina

Resolution 1423 (2002)

The Security Council,

Recalling all its previous relevant resolutions concerning the conflicts in theformer Yugoslavia, including resolutions 1031 (1995) of 15 December 1995, 1035(1995) of 21 December 1995, 1088 (1996) of 12 December 1996, 1144 (1997) of 19December 1997, 1168 (1998) of 21 May 1998, 1174 (1998) of 15 June 1998, 1184(1998) of 16 July 1998, 1247 (1999) of 18 June 1999, 1305 (2000) of 21 June 2000,1357 (2001) of 21 June 2001, and 1396 (2002) of 5 March 2002,

Reaffirming its commitment to the political settlement of the conflicts in the former Yugoslavia, preserving the sovereignty and territorial integrity of all Statesthere within their internationally recognized borders,

Welcoming the arrival in Bosnia and Herzegovina on 27 May 2002 of the newHigh Representative, looking forward to working closely with him, and emphasizing its full support for the High Representative’s continued role,

Underlining its commitment to support the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the relevant decisions of the Peace Implementation Council (PIC),

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 NationsMission in Bosnia and Herzegovina (UNMIBH), including the Commissioner andpersonnel of the International Police Task Force (IPTF), the Organization forSecurity and Cooperation in Europe (OSCE), and the personnel of otherinternational organizations and agencies in Bosnia and Herzegovina for theircontributions to the implementation of the Peace Agreement,

Welcoming the decision by the Council of Europe inviting Bosnia and Herzegovina to become a member and expressing its understanding that Bosnia and Herzegovina will commit itself to make progress towards fully meeting the standards of a modern democracy as a multi-ethnic, multicultural and united society,

Welcoming recent progress in effecting the decision of the Constitutional Courtand calling upon all to support swift implementation of constitutional amendmentsin both entities of Bosnia and Herzegovina, which is critical to the establishment of stable democratic and multi-ethnic political and administrative institutions necessaryfor the implementation of the Peace Agreement,

Welcoming the positive steps of the Governments of the Republic of Croatia and the Federal Republic of Yugoslavia towards fulfilling their continuing obligations as signatories of the Peace Agreement, strengthening their bilateral relations with Bosnia and Herzegovina and their increasing cooperation with all relevant international organizations in implementing 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,

Recalling the declarations of the Ministerial meetings of the PeaceImplementation Conference,

Noting the reports of the High Representative, including his latest report of 13May 2002 (S/2002/547),

Having considered the report of the Secretary-General of 5 June 2002(S/2002/618) and welcoming the UNMIBH Mandate Implementation Plan,

Determining that the situation in the region continues to constitute a threat 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 United Nations,

Recalling the relevant principles contained in the Convention on the Safety ofUnited Nations and Associated Personnel adopted on 9 December 1994 and the statement of its President of 10 February 2000 (S/PRST/2000/4),

Welcoming and encouraging efforts by the United Nations to sensitise peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,

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

I

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

2. Reiterates that the primary responsibility for the further successful implementation of the Peace Agreement lies with the authorities in Bosnia andHerzegovina themselves and that the continued willingness of the internationalcommunity and major donors to assume the political, military and economic burdenof implementation and reconstruction efforts will be determined by the complianceand active participation by all the authorities in Bosnia and Herzegovina inimplementing the Peace Agreement and rebuilding a civil society, in particular in full cooperation with the International Tribunal for the Former Yugoslavia, instrengthening joint institutions, which foster the building of a fully functioning self-sustaining state, able to integrate itself into the European structures and infacilitating returns of refugees and displaced persons;

3. Reminds the parties once again that, in accordance with the Peace Agreement, they have committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement, as described in the Peace Agreement, or which are otherwise authorized by the Security Council, including the International Tribunal for the Former Yugoslavia, as it carries out itsresponsibilities for dispensing justice impartially, and underlines that fullcooperation by States and entities with the International Tribunal includes, inter alia,the surrender for trial of all persons indicted by the Tribunal and provision ofinformation to assist in Tribunal investigations;

4. Emphasizes its full support for the continued role of the High Representative in monitoring the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agenciesinvolved in assisting the parties to implement the Peace Agreement, and reaffirmsthat the High Representative is the final authority in theatre regarding theinterpretation of Annex 10 on civilian implementation of the Peace Agreement andthat in case of dispute he may give his interpretation and make recommendations,and make binding decisions as he judges necessary on issues as elaborated by thePeace Implementation Council in Bonn on 9 and 10 December 1997;

5. Expresses its support for the declarations of the Ministerial meetings of the Peace Implementation Conference;

6. Recognizes that the parties have authorized the multinational force referred to in paragraph 10 below to take such actions as required, including the useof necessary force, to ensure compliance with Annex 1-A of the Peace Agreement;

7. Reaffirms its intention to keep the situation in Bosnia and Herzegovina under close review, taking into account the reports submitted pursuant to paragraphs 18 and 25 below, and any recommendations those reports might include, and itsreadiness to consider the imposition of measures if any party fails significantly tomeet its obligations under the Peace Agreement;

II

8. Pays tribute to those Member States which participated in the multi national stabilization force established in accordance with its resolution 1088(1996), and welcomes their willingness to assist the parties to the Peace Agreement by continuing to deploy a multinational stabilization force;

9. Notes the support of the parties to the Peace Agreement for the continuation of the multinational stabilization force, set out in the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid on 16December 1998 (S/1999/139, annex);

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

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

12. Authorizes Member States to take all necessary measures, at the request of SFOR, either in defence of SFOR or to assist the force in carrying out its mission,and recognizes the right of the force to take all necessary measures to defend itselffrom attack or threat of attack;

13. Authorizes the Member States acting under paragraph 10 above, in accordance 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 with the Commander of SFOR to ensure the effective management of the airports of Bosnia and Herzegovina, in the light of the responsibilities conferred on SFOR by Annex1-A of the Peace Agreement with regard to the airspace of Bosnia and Herzegovina;

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 to provide appropriate support and facilities, including transit facilities, for the Member States acting under paragraph 10 above;

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

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

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Reaffirming the legal basis in the Charter of the United Nations on which theIPTF 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 31 December 2002, and also decides that, duringthat period, the IPTF shall continue to be entrusted with the tasks set out inAnnex 11 of the Peace Agreement, including the tasks referred to in the Conclusions of the London, Bonn, Luxembourg, Madrid and Brussels Conferences and agreed bythe authorities in Bosnia and Herzegovina;

20. Welcomes the decision of the European Union (EU) to send a PoliceMission (EUPM) to Bosnia and Herzegovina from 1 January 2003 as well as theclose coordination between the European Union, UNMIBH and the HighRepresentative to ensure a seamless transition and the invitation of the EU to non-EU member States to participate in the EUPM;

21. Requests the Secretary-General to keep the Council regularly informedand to report in six months on the implementation of the mandate of UNMIBH as a whole;

22. Reiterates that the successful implementation of the tasks of the IPTFrests on the quality, experience and professional skills of its personnel, and onceagain urges Member States, with the support of the Secretary-General, to ensure theprovision of such qualified personnel;

23. Reaffirms the responsibility of the parties to cooperate fully with, and toinstruct their respective responsible officials and authorities to provide their fullsupport to, the IPTF on all relevant matters;

24. Reiterates its call upon all concerned to ensure the closest possible coordination between the High Representative, SFOR, UNMIBH and the relevantcivilian organizations and agencies so as to ensure the successful implementation ofthe Peace Agreement and of the priority objectives of the civilian consolidationplan, as well as the security of IPTF personnel;

25. Urges Member States, in response to demonstrable progress by theparties in restructuring their law enforcement institutions, to intensify their efforts toprovide, on a voluntary-funded basis and in coordination with the IPTF, training,equipment and related assistance for local police forces in Bosnia and Herzegovina;

26. Also requests the Secretary-General to continue to submit to the Councilreports from the High Representative, in accordance with Annex 10 of the PeaceAgreement and the conclusions of the Peace Implementation Conference held inLondon 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;

27. Decides to remain seized of the matter.

Adopted by the Security Council at its 4573rd meeting,on 12 July 2002.