United Nations Security Council Resolution 1174 – Bosnia and Herzegovina

Resolution 1174 (1998)

The Security Council,

Recalling all its previous relevant resolutions concerning the conflicts in the 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 and 1168 (1998) of 21 May 1998,

Reaffirming its commitment to the political settlement of the conflicts in the former Yugoslavia, preserving the sovereignty and territorial integrity of all 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 and personnel 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 of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of the Peace Agreement,

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

Stressing that a comprehensive and coordinated return of refugees and displaced persons throughout the region is crucial to lasting peace,

Taking note of the declaration of the Peace Implementation Council Steering Board in Luxembourg on 9 June 1998 (S/1998/498, annex) and the conclusions of its previous meetings,

Having considered the report of the Secretary-General of 10 June 1998(S/1998/491),

Noting the report of the High Representative of 9 April 1998 (S/1998/314),

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 once again its support for the Peace Agreement, as well as for the 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 to keep the implementation of the Peace Agreement, and the situation in Bosnia and Herzegovina under review;

2. Reiterates that the primary responsibility for the further successful implementation of the peace process 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 burden of implementation and reconstruction efforts will be determined by the compliance and active participation by all the authorities in Bosnia and Herzegovina in implementing the Peace Agreement and rebuilding a civil society,in particular in full cooperation with the International Tribunal for the Former Yugoslavia, in strengthening joint institutions and in facilitating returns ofrefugees 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 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 High Representative in monitoring the implementation of the Peace Agreement andgiving guidance to and coordinating the activities of the civilian organizationsand 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 as elaborated by the Peace Implementation Council in Bonn on 9 and10 December 1997;

5. Expresses its support for the declaration of the Luxembourg Peace Implementation Council Steering Board;

6. Recognizes that the parties have authorized the multinational force referred to in paragraph 10 below to take such actions as required, including the use of 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 its readiness to consider the imposition of measures if any party fails significantly to meet its obligations under the Peace Agreement;

II

8. Pays tribute to those Member States who participated in the multinational stabilization force established in accordance with its resolution1088 (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 SFOR set out in the declaration of the Luxembourg Peace Implementation Council Steering Board;

10. Authorizes the Member States acting through or in cooperation with the organisation 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 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;

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 itself from 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 measures to ensure compliance with the rules and procedures established by the Commander of SFOR, governing command and control of airspace over Bosnia and Herzegovina With 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 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 movement of 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, forthe 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 organization 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 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 1999, and also decides that the IPTF shall continue to be entrusted with the tasks set out in Annex 11 of the Peace Agreement, including the tasks referred to in the Conclusions of the London,Bonn and Luxembourg Conferences and agreed by the authorities in Bosnia and Herzegovina;

20. Requests the Secretary-General to keep the Council regularly informed on the work of the IPTF and its progress in assisting the restructuring of law enforcement agencies, and to report every three months on the implementation ofthe mandate of UNMIBH as a whole;

21. Reiterates that the successful implementation of the tasks of the IPTF rests on the quality, experience and professional skills of its personnel, and once again urges Member States, with the support of the Secretary-General, to ensure the provision of such qualified personnel;

22. 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;

23. Reiterates its call upon all concerned to ensure the closest possible coordination between the High Representative, SFOR, UNMIBH and the relevant civilian organizations and agencies so as to ensure the successful implementation 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 the parties in restructuring their law enforcement institutions, to intensify their efforts 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 the Council reports from the High Representative, in accordance with Annex 10 of the Peace Agreement and the conclusions of the Peace Implementation Conference heldin London on 4 and 5 December 1996 (S/1996/1012), on the implementation of thePeace Agreement and in particular on compliance by the parties with their commitments under that Agreement;

26. Decides to remain seized of the matter.

Adopted by the Security Council at its 3892nd meeting,on 15 June 1998.