United Nations Security Council Resolution 1088 – Bosnia and Herzegovina

Resolution 1088 (1996)

The Security Council,

Recalling all its previous relevant resolutions concerning the conflicts inthe former Yugoslavia, including resolutions 1031 (1995) of 15 December 1995 and1035 (1995) of 21 December 1995,

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,

Welcoming the conclusions of the Ministerial Steering Board and of thePresidency of Bosnia and Herzegovina held in Paris (the Paris Conference) on14 November 1996 (S/1996/968), and the guiding principles of the two-yearcivilian consolidation plan of the peace process referred to in thoseconclusions,

Welcoming also the conclusions of the Peace Implementation Conference heldin London on 4 and 5 December 1996 (the London Conference) (S/1996/1012), which,following the conclusions of the Paris Conference, approved an Action Plan forthe first twelve-month period of the civilian consolidation plan of the peaceprocess,

Welcoming the progress in 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), and expressing itsappreciation to the High Representative, the Commander and personnel of the multinational implementation force (IFOR), and the personnel of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of the Peace Agreement,

Noting with satisfaction the holding of the elections called for in Annex 3of the Peace Agreement, and welcoming the progress in establishing the commoninstitutions in accordance with the provisions of the Constitution of Bosnia andHerzegovina,

Underlining also the important role for the Republic of Croatia and theFederal Republic of Yugoslavia to play in the successful development of the peace process in Bosnia and Herzegovina,

Having considered the report of the Secretary-General of 9 December 1996(S/1996/1017),

Noting the report of the High Representative of 9 December 1996(S/1996/1024, annex),

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,

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

I

1. Reaffirms its support for the Peace Agreement, as well as for theDayton Agreement on implementing the Federation of Bosnia and Herzegovina of10 November 1995 (S/1995/1021, annex), calls upon the parties to comply strictlywith their obligations under those Agreements, and expresses its intention to keep the implementation of the Peace Agreement and the situation in Bosnia and Herzegovina under review;

2. Expresses its support for the conclusions of the Paris and LondonConferences;

3. Underlines that the primary responsibility for the further successfulimplementation of the peace process lies with the authorities in Bosnia andHerzegovina themselves, which during the next two years should assumeincreasingly a greater responsibility for the functions now undertaken orcoordinated by the international community, and stresses that without complianceand active participation by all the authorities in Bosnia and Herzegovina inrebuilding a civil society they cannot expect the international community andmajor donors to continue shouldering the political, military and economic burdenof the implementation and reconstruction efforts;

4. Underlines the link, as agreed by the Presidency of Bosnia and Herzegovina in the conclusions of the Paris Conference, between the availability of international financial assistance and the degree to which all theauthorities in Bosnia and Herzegovina implement the Peace Agreement, includingcooperation with the International Tribunal for the Former Yugoslavia and cooperation with the Action Plan which has been approved by the LondonConference;

5. Welcomes the mutual recognition among all the successor States to the former Socialist Federal Republic of Yugoslavia within their internationally recognized borders, and stresses the importance of full normalization of relations, including the immediate establishment of diplomatic relations, amongthose States;

6. Welcomes the reaffirmation by the Presidency of Bosnia and Herzegovinain the conclusions of the Paris Conference of its commitment to fully pursuing,in the name of the three constituent peoples of Bosnia and Herzegovina, thepeace process, in accordance with the Peace Agreement and the sovereignty andterritorial integrity of the country, including the development of a BosnianState based on the principles of democracy and consisting of the two Entities,the Federation of Bosnia and Herzegovina and the Republika Srpska, andunderlines in this respect the importance of establishing the remaining commoninstitutions provided for in the Constitution of Bosnia and Herzegovina without delay, as well as the importance of the commitment by the authorities in Bosnia And Herzegovina to cooperate in the working of these institutions at all levels;

7. Reminds the parties that, in accordance with the Peace Agreement, theyhtave committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement, as described in the Peace Agreement, orwhich are otherwise authorized by the Security Council, including theInternational 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 andprovision of information to assist in Tribunal investigations;

8. Recognizes that the parties have authorized the multinational forcereferred to in paragraph 18 below to take such actions as required, includingthe use of necessary force, to ensure compliance with Annex 1-A of the PeaceAgreement;

9. Welcomes the agreement of the authorities in Bosnia and Herzegovina to supervision by the Organization for Security and Cooperation in Europe (OSCE) of the preparation and conduct of the municipal elections to be held in 1997, andalso welcomes the decision of the OSCE to extend the mandate of its mission in Bosnia and Herzegovina to take forward its work on elections, as well as that onhuman rights and regional stabilization;

10. Underlines the obligation of the parties under the Peace Agreement tosecure to all persons within their jurisdiction the highest level of internationally recognized human rights and fundamental freedoms, calls uponthem to cooperate fully with the work of the Human Rights Ombudsman and theHuman Rights Chamber and to implement their conclusions and decisions, and callsupon the authorities in Bosnia and Herzegovina to cooperate fully with theUnited Nations Commission on Human Rights, the OSCE, the United Nations HighCommissioner for Human Rights and other intergovernmental or regional human rights missions or organizations to monitor closely the human rights situationin Bosnia and Herzegovina;

11. Welcomes the commitment of the parties to the right of all refugees and displaced persons freely to return to their homes of origin or to other places of their choice in Bosnia and Herzegovina in safety, notes the leading humanitarian role which has been given by the Peace Agreement to the United Nations High Commissioner for Refugees, in coordination with other agenciesinvolved and under the authority of the Secretary-General, in assisting with therepatriation and relief of refugees and displaced persons, and stresses theimportance of facilitating the return or resettlement of refugees and displacedpersons which should be gradual and orderly and carried out through progressive,coordinated programmes that address the need for local security, housing andjobs, while ensuring full compliance with Annex 7 of the Peace Agreement as wellas other established procedures;

12. Emphasizes the importance of the creation of conditions conducive to the reconstruction and development of Bosnia and Herzegovina, encourages Member States to provide assistance for the programme of reconstruction in that country, and welcomes in this respect the important contribution already made bythe European Union, the World Bank and bilateral donors;

13. Underlines the importance of control of armaments in the region at thelowest possible level of weapons, calls upon the Bosnian parties to implement fully and without further delay the agreements signed in Vienna on26 January 1996 and in Florence on 14 June 1996 and, following satisfactory progress in the implementation of the Article II and Article IV Agreements,calls for efforts to continue to promote the implementation of Article V ofAnnex 1-B on regional arms control of the Peace Agreement;

14. Stresses the importance it attaches to the continuation on areinforced basis as agreed at the Paris and London Conferences of the role ofthe High Representative in monitoring the implementation of the Peace Agreementand giving guidance to and coordinating the activities of the civilianorganizations and agencies involved in assisting the parties to implement thePeace Agreement, and reaffirms that the High Representative is the finalauthority in theatre regarding the interpretation of Annex 10 on civilianimplementation of the Peace Agreement and that in case of dispute he may givehis interpretation and make his recommendations, including to the authorities ofBosnia and Herzegovina or its Entities, and make them known publicly;

15. Reaffirms its intention to keep the situation in Bosnia and Herzegovina under close review, taking into account the reports submitted pursuant to paragraphs 26 and 34 below, and any recommendations those reports might include, and its readiness to consider the imposition of measures if any party fails significantly to meet its obligations under the Peace Agreement;

II

16. Pays tribute to those Member States who participated in the multi national force established in accordance with its resolution 1031 (1995),and welcomes their willingness to assist the parties to the Peace Agreement bycontinuing to deploy a multinational implementation force;

17. Notes the confirmations by the Presidency of Bosnia and Herzegovina,on behalf of Bosnia and Herzegovina, including its constituent Entities, and bythe Republic of Croatia and the Federal Republic of Yugoslavia of the understandings set out in the letters dated 29 November 1996 from the Secretary-General of the organization referred to in Annex 1-A of the Peace Agreement(S/1996/1025);

18. Authorizes the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to establish for a planned period of 18 months a multinational stabilization force (SFOR) as the legal successor to IFOR under unified command and control in order to fulfil therole specified in Annex 1-A and Annex 2 of the Peace Agreement;

19. Authorizes the Member States acting under paragraph 18 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 beequally subject 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;

20. 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;

21. Authorizes the Member States acting under paragraph 18 above, in accordance with Annex 1-A of the Peace Agreement, to take all necessary measures to ensure compliance with the rules and procedures, to be established by theCommander of SFOR, governing command and control of airspace over Bosnia andHerzegovina with respect to all civilian and military air traffic;

22. Requests the authorities in Bosnia and Herzegovina to cooperate with the 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;

23. Demands that the parties respect the security and freedom of movement of SFOR and other international personnel;

24. 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 18 above;

25. 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 oftheir obligation to continue to comply therewith;

26. Requests the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to report to theCouncil, through the appropriate channels and at least at monthly intervals;*

Noting the request of the authorities in Bosnia and Herzegovina that the mandate of the United Nations civilian police force known as the International Police Task Force (IPTF), which is a part of the United Nations Mission inBosnia and Herzegovina (UNMIBH), be renewed,

Reaffirming the legal basis in the Charter of the United Nations on which the IPTF was given its mandate in resolution 1035 (1995),Expressing its appreciation to the personnel of UNMIBH for their contribution to the implementation of the Peace Agreement,

III

27. Decides to extend the mandate of UNMIBH, which includes the IPTF, foran additional period terminating on 21 December 1997, and also decides that theIPTF shall continue to be entrusted with the tasks set out in Annex 11 of thePeace Agreement, including the tasks referred to in the Conclusions of theLondon Conference and agreed by the authorities in Bosnia and Herzegovina;

28. Requests the Secretary-General to keep the Council regularly informed on the work of the IPTF and its progress in assisting the restructuring of lawenforcement agencies, and to report every three months on the implementation ofthe mandate of UNMIBH as a whole, and, in this context, also requests the Secretary-General to report to the Council by 16 June 1997 on the IPTF, inparticular its work in assisting the restructuring of law enforcement agencies,coordinating assistance in training and providing equipment, advising lawenforcement agencies on guidelines on democratic policing principles with fullsupport for human rights, and investigating or assisting with investigationsinto human rights abuses by law enforcement personnel, as well as to report onprogress by the authorities in Bosnia and Herzegovina in regard to such issues,in particular their compliance with IPTF-prescribed guidelines including theirtaking prompt and effective action, which could include dismissal whereappropriate, in respect of any officer notified to them by the IPTF Commissioneras failing to cooperate with the IPTF or adhere to democratic policingprinciples;

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

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

31. Expresses appreciation for the efforts under way to enhance andstrengthen the logistical and support capabilities of UNMIBH by the Secretary-General, and urges that those efforts be increased;

32. Calls upon all concerned to ensure the closest possible coordinationbetween the High Representative, SFOR, UNMIBH and the relevant civilianorganizations and agencies so as to ensure the successful implementation of thePeace Agreement and of the priority objectives of the civilian consolidationplan, as well as the security of IPTF personnel;

33. Encourages Member States, in response to demonstrable progress by the parties in restructuring their law enforcement institutions, to assist the parties, through the IPTF, in following up the United Nations programme ofassistance for the local police forces;

34. Also requests the Secretary-General to submit to the Council reports from the High Representative, in accordance with Annex 10 of the Peace Agreement And the conclusions of the London Conference, on the implementation of the Peace Agreement and in particular on compliance by the parties with their commitments under that Agreement;

35. Decides to remain seized of the matter.

Adopted by the Security Council at its 3723rd meeting,on 12 December 1996.