ANNEX 1A
Agreement on the Military Aspects of the Peace Settlement
The Republic of Bosnia and Herzegovina, the
Federation of Bosnia and Herzegovina, and the Republika Srpska (hereinafter the
"Parties") have agreed as follows:
Article I: General Obligations
- The Parties undertake to recreate as quickly as possible normal conditions
of life in Bosnia and Herzegovina. They understand that this requires a major
contribution on their part in which they will make strenuous efforts to
cooperate with each other and with the international organizations and
agencies which are assisting them on the ground. They welcome the willingness
of the international community to send to the region, for a period of
approximately one year, a force to assist in implementation of the territorial
and other militarily related provisions of the agreement as described herein.
- The United Nations Security Council is invited to adopt a resolution by
which it will authorize Member States or regional organizations and
arrangements to establish a multinational military Implementation Force
(hereinafter "IFOR"). The Parties understand and agree that this
Implementation Force may be composed of ground, air and maritime units from
NATO and non-NATO nations, deployed to Bosnia and Herzegovina to help ensure
compliance with the provisions of this Agreement (hereinafter "Annex"). The
Parties understand and agree that the IFOR will begin the implementation of
the military aspects of this Annex upon the transfer of authority from the
UNPROFOR Commander to the IFOR Commander (hereinafter "Transfer of
Authority"), and that until the Transfer of Authority, UNPROFOR will
continue to exercise its mandate.
- It is understood and agreed that NATO
may establish such a force, which will operate under the authority and
subject to the direction and political control of the North Atlantic Council
("NAC") through the NATO chain of command. They undertake to facilitate its
operations. The Parties, therefore, hereby agree and freely undertake to
fully comply with all obligations set forth in this Annex.
- It is understood and agreed that other States may assist in implementing
the military aspects of this Annex. The Parties understand and agree that
the modalities of those States' participation will be the subject of
agreement between such participating States and NATO.
- The purposes of these obligations are as follows:
- to establish a durable cessation of hostilities. Neither Entity shall
threaten or use force against the other Entity, and under no circumstances
shall any armed forces of either Entity enter into or stay within the
territory of the other Entity without the consent of the government of the
latter and of the Presidency of Bosnia and Herzegovina. All armed forces in
Bosnia and Herzegovina shall operate consistently with the sovereignty and
territorial integrity of Bosnia and Herzegovina;
- to provide for the support and authorization of the IFOR and in
particular to authorize the IFOR to take such actions as required, including
the use of necessary force, to ensure compliance with this Annex, and to
ensure its own protection; and
- to establish lasting security and arms control measures as outlined in
Annex 1-B to the General
Framework Agreement, which aim to promote a permanent reconciliation between
all Parties and to facilitate the achievement of all political arrangements
agreed to in the General Framework Agreement.
- The Parties understand and agree that within Bosnia and Herzegovina the
obligations undertaken in this Annex shall be applied equally within both
Entities. Both Entities shall be held equally responsible for compliance
herewith, and both shall be equally subject to such enforcement action by the
IFOR as may be necessary to ensure implementation of this Annex and the
protection of the IFOR.
Article II: Cessation of Hostilities
- The Parties shall comply with the cessation of hostilities begun with the
agreement of October 5, 1995 and shall continue to refrain from all offensive
operations of any type against each other. An offensive operation in this case
is an action that includes projecting forces or fire forward of a Party's own
lines. Each Party shall ensure that all personnel and organizations with
military capability under its control or within territory under its control,
including armed civilian groups, national guards, army reserves, military
police, and the Ministry of Internal Affairs Special Police (MUP) (hereinafter
"Forces") comply with this Annex. The term "Forces" does not include UNPROFOR,
the International Police Task Force referred to in the General Framework
Agreement, the IFOR or other elements referred to in Article
I, paragraph 1 (c).
- In carrying out the obligations set forth in paragraph 1, the Parties
undertake, in particular, to cease the firing of all weapons and explosive
devices except as authorized by this Annex. The Parties shall not place any
additional minefields, barriers, or protective obstacles. They shall not
engage in patrolling, ground or air reconnaissance forward of their own force
positions, or into the Zones of Separation as provided for in Article IV below, without IFOR approval.
- The Parties shall provide a safe and secure environment for all persons in
their respective jurisdictions, by maintaining civilian law enforcement
agencies operating in accordance with internationally recognized standards and
with respect for internationally recognized human rights and fundamental
freedoms, and by taking such other measures as appropriate. The Parties also
commit themselves to disarm and disband all armed civilian groups, except for
authorized police forces, within 30 days after the Transfer of Authority.
- The Parties shall cooperate fully with any international personnel
including investigators, advisors, monitors, observers, or other personnel in
Bosnia and Herzegovina pursuant to the General Framework Agreement, including
facilitating free and unimpeded access and movement and by providing such
status as is necessary for the effective conduct of their tasks.
- The Parties shall strictly avoid committing any reprisals,
counter-attacks, or any unilateral actions in response to violations of this
Annex by another Party. The Parties shall respond to alleged violations of the
provisions of this Annex through the procedures provided in Article VIII.
Article III: Withdrawal of Foreign Forces
- All Forces in Bosnia and Herzegovina as of the date this Annex enters into
force which are not of local origin, whether or not they are legally and
militarily subordinated to the Republic of Bosnia and Herzegovina, the
Federation of Bosnia and Herzegovina, or Republika Srpska, shall be withdrawn
together with their equipment from the territory of Bosnia and Herzegovina
within thirty (30) days. Furthermore, all Forces that remain on the territory
of Bosnia and Herzegovina must act consistently with the territorial
integrity, sovereignty, and political independence of Bosnia and Herzegovina.
In accordance with Article II, paragraph 1, this paragraph does not apply to
UNPROFOR, the International Police Task Force referred to in the General
Framework Agreement, the IFOR or other elements referred to in Article I, paragraph 1 (c).
- In particular, all foreign Forces, including individual advisors, freedom
fighters, trainers, volunteers, and personnel from neighboring and other
States, shall be withdrawn from the territory of Bosnia and Herzegovina in
accordance with Article III, paragraph 1.
Article IV: Redeployment of Forces
- The Republic of Bosnia and Herzegovina and the Entities shall redeploy
their Forces in three phases:
- Phase I
-
- The Parties immediately after this Annex enters into force shall begin
promptly and proceed steadily to withdraw all Forces behind a Zone of
Separation which shall be established on either side of the Agreed
Cease-Fire Line that represents a clear and distinct demarcation between any
and all opposing Forces. This withdrawal shall be completed within thirty
(30) days after the Transfer of Authority. The precise Agreed Cease-Fire
Line and Agreed Cease-Fire Zone of Separation are indicated on the maps at
Appendix A of this Annex.
- The Agreed Cease-Fire Zone of Separation shall extend for a distance of
approximately two (2) kilometers on either side of the Agreed Cease-Fire
Line. No weapons other than those of the IFOR are permitted in this Agreed
Cease-Fire Zone of Separation except as provided herein. No individual may
retain or possess any military weapons or explosives within this four
kilometer Zone without specific approval of the IFOR. Violators of this
provision shall be subject to military action by the IFOR, including the use
of necessary force to ensure compliance.
- In addition to the other provisions of this Annex, the following
specific provisions shall also apply to Sarajevo and Gorazde:
Sarajevo
- Within seven (7) days after the Transfer of Authority, the Parties
shall transfer and vacate selected positions along the Agreed Cease-Fire
Line according to instructions to be issued by the IFOR Commander.
- The Parties shall complete withdrawal from the Agreed Cease-Fire Zone
of Separation in Sarajevo within thirty (30) days after the Transfer of
Authority, in accordance with Article IV, paragraph 2.
The width of this Zone of Separation will be approximately one (l)
kilometer on either side of the Agreed Cease-Fire Line. However, this Zone
of Separation may be adjusted by the IFOR Commander either to narrow the
Zone of SeparationÝto take account of the urban area of Sarajevo or to
widen the Zone of Separation up to two (2) kilometers on either side of
the Agreed Cease-Fire Line to take account of more open terrain.
- Within the Agreed Cease-Fire Zone of Separation, no individual may
retain or possess any weapons or explosives, other than a member of the
IFOR or the local police exercising official duties as authorized by the
IFOR in accordance with Article IV, paragraph 2(b).
- The Parties understand and agree that violators of subparagraphs (1),
(2) and (3) above shall be subject to military action by the IFOR,
including the use of necessary force to ensure compliance.
Gorazde
- The Parties understand and agree that a two lane all-weather road will
be constructed in the Gorazde Corridor. Until such road construction is
complete, the two interim routes will be used by both Entities.
The Grid coordinates for these alternate routes are (Map References:
Defense Mapping Agency 1:50,000 Topographic Line Maps, Series M709, Sheets
2782-1, 2782-2, 2782-3, 2782-4, 2881-4, 2882-1, 2882-2, 2882-3, and
2882-4; Military Grid Reference System grid coordinates referenced to
World Geodetic System 84 (Horizontal Datum):
Interim Route 1: From Gorazde (34TCP361365), proceed northeast
following Highway 5 along the Drina River to the Ustipraca area
(34TCP456395). At that point, proceed north on Highway 19-3 through
Rogatica (34TCP393515) continuing northwest past Stienice (34TCP294565) to
the road intersection at Podromanija (34TCP208652). From this point,
proceed west following Highway 19 to where it enters the outskirts of
Sarajevo (34TBP950601).
Interim Route 2: From Gorazde (34TCP361365), proceed south
following Highway 20. Follow Highway 20 through Ustinkolina (34TCP218281).
Continue south following Highway 20 passing Foca along the west bank of
the Drina River (34TCP203195) to a point (34TCP175178) where the route
turns west following Highway 18. From this point, follow Highway 18 south
of Miljevina (34TCP097204) continuing through Trnovo (34TBP942380) north
to the outskirts of Sarajevo where it enters the town at Vaskovici
(34TBP868533).
There shall be complete freedom of movement along these routes for
civilian traffic. The Parties shall only utilize these interim routes for
military forces and equipment as authorized by and under the control and
direction of the IFOR. In this regard, and in order to reduce the risk to
civilian traffic, the IFOR shall have the right to manage movement of
military and civilian traffic from both Entities along these routes.
- The Parties understand and agree that violators of subparagraph (1)
shall be subject to military action by the IFOR, including the use of
necessary force to ensure compliance.
- The Parties pledge as a confidence building measure that they shall
not locate any Forces or heavy weapons as defined in paragraph 5 of this
Article within two (2) kilometers of the designated interim routes. Where
those routes run in or through the designated Zones of Separation, the
provisions relating to Zones of Separation in this Annex shall also
apply.
- The Parties immediately after this Annex enters into force shall begin
promptly and proceed steadily to complete the following activities within
thirty (30) days after the Transfer of Authority or as determined by the
IFOR Commander: (1) remove, dismantle or destroy all mines, unexploded
ordnance, explosive devices, demolitions, and barbed or razor wire from the
Agreed Cease-Fire Zone of Separation or other areas from which their Forces
are withdrawn; (2) mark all known mine emplacements, unexploded ordnance,
explosive devices and demolitions within Bosnia and Herzegovina; and (3)
remove, dismantle or destroy all mines, unexploded ordnance, explosive
devices and demolitions as required by the IFOR Commander.
- The IFOR is authorized to direct that any military personnel, active or
reserve, who reside within the Agreed Cease-Fire Zone of Separation register
with the appropriate IFOR Command Post referred to in Article
VI which is closest to their residence.
- PHASE II (AS REQUIRED IN SPECIFIC LOCATIONS)
This phase applies to those locations where the Inter-Entity Boundary Line
does not follow the Agreed Cease-Fire Line.
-
- In those locations in which, pursuant to the General Framework
Agreement, areas occupied by one Entity are to be transferred to another
Entity, all Forces of the withdrawing Entity shall have forty-five (45) days
after the Transfer of Authority to completely vacate and clear this area.
This shall include the removal of all Forces as well as the removal,
dismantling or destruction of equipment, mines, obstacles, unexploded
ordnance, explosive devices, demolitions, and weapons. In those areas being
transferred to a different Entity, in order to provide an orderly period of
transition, the Entity to which an area is transferred shall not put Forces
in this area for ninety (90) days after the Transfer of Authority or as
determined by the IFOR Commander. The Parties understand and agree that the
IFOR shall have the right to provide the military security for these
transferred areas from thirty (30) days after the Transfer of Authority
until ninety-one (91) days after the Transfer of Authority, or as soon as
possible as determined by the IFOR Commander, when these areas may be
occupied by the Forces of the Entity to which they are transferred. Upon
occupation by the Entity to which the area is transferred, a new Zone of
Separation along the Inter-Entity Boundary Line as indicated on the map at
Appendix A shall be established by the IFOR, and the Parties shall observe
the same limitations on the presence of Forces and weapons in this Zone as
apply to the Agreed Cease-Fire Zone of Separation.
- The IFOR is authorized to direct that any military personnel, active or
reserve, who reside within the Inter-Entity Zone of Separation register with
the appropriate IFOR Command Post referred to in Article VI
which is closest to their residence.
- GENERAL. The following provisions apply to Phases I and
II:
- In order to provide visible indication, the IFOR shall supervise the
selective marking of the Agreed Cease-Fire Line and its Zone of Separation,
and the Inter-Entity Boundary Line and its Zone of Separation. Final
authority for placement of such markers shall rest with the IFOR. All
Parties understand and agree that the Agreed Cease-Fire Line and its Zone of
Separation and the Inter-Entity Boundary Line and its Zone of Separation are
defined by the maps and documents agreed to as part of the General Framework
Agreement and not the physical location of markers.
- All Parties understand and agree that they shall be subject to military
action by the IFOR, including the use of necessary force to ensure
compliance, for:
- failure to remove all their Forces and unauthorized weapons from the
four (4) kilometer Agreed Cease-Fire Zone of Separation within thirty (30)
days after the Transfer of Authority, as provided in Article IV, paragraph 2(a) and (b)
above;
- failure to vacate and clear areas being transferred to another Entity
within forty-five (45) days after the Transfer of Authority, as provided
in Article IV, paragraph 3(a) above;
- deploying Forces within areas transferred from another Entity earlier
than ninety (90) days after the Transfer of Authority or as determined by
the IFOR Commander, as provided in Article IV, paragraph
3(a) above;
- failure to keep all Forces and unauthorized weapons outside the
Inter-Entity Zone of Separation after this Zone is declared in effect by
the IFOR, as provided in Article IV, paragraph 3(a)
above; or
- violation of the cessation of hostilities as agreed to by the Parties
in Article II.
- PHASE III
The Parties pledge as confidence building measures that they shall:
- within 120 days after the Transfer of Authority withdraw all heavy
weapons and Forces to cantonment/barracks areas or other locations as
designated by the IFOR Commander. "Heavy weapons" refers to all tanks and
armored vehicles, all artillery 75 mm and above, all mortars 81 mm and
above, and all anti-aircraft weapons 20 mm and above. This movement of these
Forces to cantonment/barracks areas is intended to enhance mutual confidence
by the Parties in the success of this Annex and help the overall cause of
peace in Bosnia and Herzegovina.
- within 120 days after the Transfer of Authority demobilize Forces which
cannot be accommodated in cantonment/barracks areas as provided in
subparagraph (a) above. Demobilization shall consist of removing from the
possession of these personnel all weapons, including individual weapons,
explosive devices, communications equipment, vehicles, and all other
military equipment. All personnel belonging to these Forces shall be
released from service and shall not engage in any further training or other
military activities.
- Notwithstanding any other provision of this Annex, the Parties understand
and agree that the IFOR has the right and is authorized to compel the removal,
withdrawal, or relocation of specific Forces and weapons from, and to order
the cessation of any activities in, any location in Bosnia and Herzegovina
whenever the IFOR determines such Forces, weapons or activities to constitute
a threat or potential threat to either the IFOR or its mission, or to another
Party. Forces failing to redeploy, withdraw, relocate, or to cease threatening
or potentially threatening activities following such a demand by the IFOR
shall be subject to military action by the IFOR, including the use of
necessary force to ensure compliance, consistent with the terms set forth in
Article I, paragraph 3.
Article V: Notifications
- Immediately upon establishment of the Joint Military Commission provided
for in Article VIII, each Party shall furnish to the Joint
Military Commission information regarding the positions and descriptions of
all known unexploded ordnance, explosive devices, demolitions, minefields,
booby traps, wire entanglements, and all other physical or military hazards to
the safe movement of any personnel within Bosnia and Herzegovina, as well as
the location of lanes through the Agreed Cease-Fire Zone of Separation which
are free of all such hazards. The Parties shall keep the Joint Military
Commission updated on changes in this information.
- Within thirty (30) days after the Transfer of Authority, each Party sFOR,
including, if necessary, the emergency withdrawal of UNCRO Forces.
The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal tasks
and available resources, and on request, which include the following:
hall furnish to the Joint Military Commission the following
specific information regarding the status of its Forces within Bosnia and
Herzegovina and shall keep the Joint Military Commission updated on changes in
this information:
- location, type, strengths of personnel and weaponry of all Forces within
ten (10) kilometers of the Agreed Cease-Fire Line and Inter-Entity Boundary
Line.
- maps depicting the forward line of troops and front lines;
- positions and descriptions of fortifications, minefields, unexploded
ordnance, explosive devices, demolitions, barriers, and other man-made
obstaclFOR, including, if necessary, the emergency withdrawal of UNCRO
Forces.
- The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal
tasks and available resources, and on request, which include the following:
es, ammunition dumps, command headquarters, and communications
networks within ten (10) kilometers of the Agreed Cease-Fire Line or
Inter-Entity Boundary Line;
- positions and descriptions of all surface to air missiles/launchers,
including mobile systems, anti-aircraft artillery, supporting radars and
associated command and control systems;
- positions and descriptions of all mines, unexploded ordnance, explosive
devices, demolitions, obstacles, weapons systems, vehicles, or any other
military equipment which cannot be removed, dismantled or destroyed under
the provisions of Article IV, paragraphs 2(d) and 3(a); and
- any further information of a military nature as requested by the
IFOR.
FOR, including, if necessary, the emergency withdrawal of UNCRO
Forces.
The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal tasks
and available resources, and on request, which include the following:
- Within 120 days after the Transfer of Authority, the Parties shall furnish
to the Joint Military Commission the following specific information regarding
the status of their Forces in Bosnia and Herzegovina and shall keep the Joint
Military Commission updated on changes in this information:
- location, type, strengths of personnel and weaponry of all Forces;
- maps depicting the information in sub-paragraph (a) above;
- positions and descriptions of fortifications, minefields, unexploded
ordnance, explosive devices, demolitions, barriers, and other man-made
obstacles, ammunition dumps, command headquarters, and communications
networks; and
- any further information of a military nature as requested by the IFOFOR,
including, if necessary, the emergency withdrawal of UNCRO Forces.
- The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal
tasks and available resources, and on request, which include the following:
R.
Article VI: Deployment of the Implementation Force
- Recognizing the need to provide for the effective implementation of the
provisions of this Annex, and to ensure compliance, the United Nations
Security Council is invited to authorize Member States or regional
organizations and arrangements to establish the IFOR acting under Chapter VII of the
United Nations Charter. The Parties understand and agree that this
Implementation Force may be composed of ground, air and maritime units from
NATO and non-NATO nations, deployed to BoFOR, including, if necessary, the
emergency withdrawal of UNCRO Forces.
The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal tasks
and available resources, and on request, which include the following:
snia and Herzegovina to help ensure compliance with the provisions
of this Annex. The Parties understand and agree that the IFOR shall have the
right to deploy on either side of the Inter-Entity Boundary Line and
throughout Bosnia and Herzegovina.
- The Parties understand and agree that the IFOR shall have the right:
- to monitor and help ensure compliance by all Parties with this Annex
(including, in particular, withdrawal and redeployment of Forces within
agreedFOR, including, if necessary, the emergency withdrawal of UNCRO
Forces.
- The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal
tasks and available resources, and on request, which include the following:
periods, and the establishment of Zones of Separation);
- to authorize and supervise the selective marking of the Agreed
Cease-Fire Line and its Zone of Separation and the Inter-Entity Boundary
Line and its Zone of Separation as established by the General Framework
Agreement;
- to establish liaison arrangements with local civilian and military
authorities and other international organizations as necessary for the
accomplishment of its mission; and
- to assist in the withdrawal of UN Peace Forces not transferred to the
IFOR, including, if necessary, the emergency withdrawal of UNCRO
Forces.
- The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal
tasks and available resources, and on request, which include the following:
FOR, including, if necessary, the emergency withdrawal of UNCRO
Forces.
- The Parties understand and agree that the IFOR shall have the right to
fulfill its supporting tasks, within the limits of its assigned principal
tasks and available resources, and on request, which include the following:
- to help create secure conditions for the conduct by others of other
tasks associated with the peace settlement, including free and fair
elections;
- to assist the movement of organizations in the accomplishment of
humanitarian missions;
- to assist the UNHCR and other international organizations in their
humanitarian missions;
- to observe and prevent interference with the movement of civilian
populations, refugees, and displaced persons, and to respond appropriately
to deliberate violence to life and person; and,
- to monitor the clearing of minefields and obstacles.
- The Parties understand and agree that further directives from the NAC may
establish additional duties and responsibilities for the IFOR in implementing
this Annex.
- The Parties understand and agree that the IFOR Commander shall have the
aut
- to monitor the clearing of minefields and obstacles.
The Parties understand and agree that further directives from the NAC may
establish additional duties and responsibilities for the IFOR in implementing
this Annex.
The Parties understand and agree that the IFOR Commander shall have the
authority, without interference or permission of any Party, to do all that the
Commander judges necessary and proper, including the use of military force, to
protect the IFOR and to carry out the responsibilities listed above in
paragraphs 2, 3 and 4, and they shall comply in all respects with the IFOR
requirements.
The Parties understand and agree that in carrying out its responsibilities,
the IFOR shall have the unimpeded right to observe, monitor, and inspect any
Forces, facility or activity in Bosnia and Herzegovina that the IFOR believes
may have military capability. The refusal, interference, or denial by any Part
The Army of the Republic of Bosnia and Herzegovina, the Croat Defense
Council Forces, and the Army of Republika Srpska shall establish Command Posts
at IFOR brigade, battalion, or other levels which shall be co-located with
specific IFOR command Vocations, as determined by the IFOR Commander. These
Command Posts shall exercise command and control over all Forces of their
respective sides which are located within ten (10) kilometers of the Agreed
Cease-Fire Line or Inter-Entity Boundary Line, as specified by the IFOR. The
Command Posts shall pry of this right to observe, monitor, and inspect by the
IFOR shall constitute a breach of this Annex and the violating Party shall be
subject to military action by the IFOR, including the use of necessary force to
ensure compliance with this Annex.
The Army of the Republic of Bosnia and Herzegovina, the Croat Defense
Council Forces, and the Army of Republika Srpska shall establish Command Posts
at IFOR brigade, battalion, or other levels which shall be co-located with
specific IFOR command Vocations, as determined by the IFOR Commander. These
Command Posts shall exercise command and control over all Forces of their
respective sides which are located within ten (10) kilometers of the Agreed
Cease-Fire Line or Inter-Entity Boundary Line, as specified by the IFOR. The
Command Posts shall provide, at the request of the IFOR, timely status reports
on organizations and troop levels in their areas.
In addition to co-located Command Posts, the Army of the Republic of Bosnia
and Herzegovina, the Croat Defense Council Forces, and the Army of Republika
Srpska shall maintain liaison teams to be co-located with the IFOR Command, as
determined by the IFOR Commander, for the purpose of fostering communication,
and preserving the overall cessation of hostilities.
Air and surface movements in Bosnia and Herzegovina shall be governed by the
following provisions
- The IFOR shall have complete and unimpeded freedom of movement by ground,
air, and water throughout Bosnia and Herzegovina. It shall have the right to
bivouac, maneuver, billet, and utilize any areas or facilities to carry out
its responsibilities as required for its support, training, and operations,
with such advance notice as may be practicable. The IFOR and its personnel
shall not be liable for any damages to civilian or government property caused
by combat or combat related activities. Roadblocks, checkpoints or other
impediments to IFOR freedom of movement shall constitute a breach of this
Annex and the violating Party shall be subject to military action by the IFOR,
including the use of necessary force to ensure compliance with this Annex.
- The IFOR Commander shall have sole authority to establish rules and
procedures governing command and control of airspace over Bosnia and
Herzegovina to enable civilian air traffic and non-combat air activities by
the military or civilian authorities in Bosnia and Herzegovina, or if
necessary to terminate civilian air traffic and non-combat air activities.
- The Parties understand and agree there shall be no military air traffic,
or non-military aircraft performing military missions, including
reconnaissance or logistics, without the express permission of the IFOR
Commander. The only military aircraft that may be authorized to fly in
Bosnia and Herzegovina are those being flown in support of the IFOR, except
with the express permission of the IFOR. Any flight activities by military
fixed-wing or helicopter aircraft within Bosnia and Herzegovina without the
express permission of the IFOR Commander are subject to military action by
the IFOR, including the use of necessary force to ensure compliance.
- All air early warning, air defense, or fire control radars shall be shut
down within 72 hours after this Annex enters into force, and shall remain
inactive unless authorized by the IFOR Commander. Any use of air traffic,
air early warning, air defense or fire control radars not authorized by the
IFOR Commander shall constitute a breach of this Annex and the violating
Party shall be subject to military action by the IFOR, including the use of
necessary force to ensure compliance.
- The Parties understand and agree that the IFOR Commander will implement
the transfer to civilian control of air space over Bosnia and Herzegovina to
the appropriate institutions of Bosnia and Herzegovina in a gradual fashion
consistent with the objective of the IFOR to ensure smooth and safe
operation of an air traffic system upon IFOR departure.
- The IFOR Commander is authorized to promulgate appropriate rules for the
control and regulation of surface military traffic throughout Bosnia and
Herzegovina, including the movement of the Forces of the Parties. The Joint
Military Commission referred to in Article VIII may assist in
the development and promulgation of rules related to military
movement.
The IFOR shall have the right to utilize such means and services as required
to ensure its full ability to communicate and shall have the right to the
unrestricted use of all of the electromagnetic spectrum for this purpose. In
implementing this right, the IFOR shall make every reasonable effort to
coordinate with and take into account the needs and requirements of the
appropriate authorities.
All Parties shall accord the IFOR and its personnel the assistance,
privileges, and immunities set forth at Appendix B of this Annex, including the
unimpeded transit through, to, over and on the territory of all Parties.
All Parties shall accord any military elements as referred to in Article I, paragraph l(c) and their personnel the assistance,
privileges and immunities referred to in Article VI, paragraph
11.
Article VII: Withdrawal of UNPROFOR
It is noted that as a consequence of the
forthcoming introduction of the IFOR into the Republic of Bosnia and
Herzegovina, the conditions for the withdrawal of the UNPROFOR established by
United Nations Security Council Resolution 743 have been met. It is requested
that the United Nations, in consultation with NATO, take all necessary steps to
withdraw the UNPROFOR from Bosnia and Herzegovina, except those parts
incorporated into the IFOR.
Article VIII: Establishment of a Joint Military Commission
- A Joint Military Commission (the "Commission") shall be established with
the deployment of the IFOR to Bosnia and Herzegovina.
- The Commission shall:
- Serve as the central body for all Parties to this Annex to bring any
military complaints, questions, or problems that require resolution by the
IFOR Commander, such as allegations of cease-fire violations or other
noncompliance with this Annex.
- Receive reports and agree on specific actions to ensure compliance with
the provisions of this Annex by the Parties.
- Assist the IFOR Commander in determining and implementing a series of
local transparency measures between the Parties.
- The Commission shall be chaired by the IFOR Commander or his or her
representative and consist of the following members:
- the senior military commander of the forces of each Party within Bosnia
and Herzegovina;
- other persons as the Chairman may determine;
- each Party to this Annex may also select two civilians who shall advise
the Commission in carrying out its duties;
- the High Representative referred to in the General Framework Agreement
or his or her nominated representative shall attend Commission meetings, and
offer advice particularly on matters of a political-military nature.
- The Commission shall not include any persons who are now or who come under
indictment by the International Tribunal for the Former Yugoslavia.
- The Commission shall function as a consultative body for the IFOR
Commander. To the extent possible, problems shall be solved promptly by mutual
agreement. However, all final decisions concerning its military matters shall
be made by the IFOR Commander.
- The Commission shall meet at the call of the IFOR Commander. The High
Representative may when necessary request a meeting of the Commission. The
Parties may also request a meeting of the Commission.
- The IFOR Commander shall have the right to decide on military matters, in
a timely fashion, when there are overriding considerations relating to the
safety of the IFOR or the Parties' compliance with the provisions of this
Annex.
- The Commission shall establish subordinate military commissions for the
purpose of providing assistance in carrying out the functions described above.
Such commissions shall be at the brigade and battalion level or at other
echelons as the local IFOR Commander shall direct and be composed of
commanders from each of the Parties and the IFOR. The representative of the
High Representative shall attend and offer advice particularly on matters of a
political-military nature. The local IFOR Commander shall invite local
civilian authorities when appropriate.
- Appropriate liaison arrangements will be established between the IFOR
Commander and the High Representative to facilitate the discharge of their
respective responsibilities.
Article IX: Prisoner Exchanges
- The Parties shall release and transfer without delay all combatants and
civilians held in relation to the conflict (hereinafter "prisoners"), in
conformity with international humanitarian law and the provisions of this
Article.
- The Parties shall be bound by and implement such plan for release and
transfer of all prisoners as may be developed by the ICRC, after
consultation with the Parties.
- The Parties shall cooperate fully with the ICRC and facilitate its work
in implementing and monitoring the plan for release and transfer of
prisoners.
- No later than thirty (30) days after the Transfer of Authority, the
Parties shall release and transfer all prisoners held by them.
- In order to expedite this process, no later than twenty-one (21) days
after this Annex enters into force, the Parties shall draw up comprehensive
lists of prisoners and shall provide such lists to the ICRC, to the other
Parties, and to the Joint Military Commission and the High Representative.
These lists shall identify prisoners by nationality, name, rank (if any) and
any internment or military serial number, to the extent applicable.
- The Parties shall ensure that the ICRC enjoys full and unimpeded access
to all places where prisoners are kept and to all prisoners. The Parties
shall permit the ICRC to privately interview each prisoner at least
forty-eight (48) hours prior to his or her release for the purpose of
implementing and monitoring the plan, including determination of the onward
destination of each prisoner.
- The Parties shall take no reprisals against any prisoner or his/her
family in the event that a prisoner refuses to be transferred.
- Notwithstanding the above provisions, each Party shall comply with any
order or request of the International Tribunal for the Former Yugoslavia for
the arrest, detention, surrender of or access to persons who would otherwise
be released and transferred under this Article, but who are accused of
violations within the jurisdiction of the Tribunal. Each Party must detain
persons reasonably suspected of such violations for a period of time
sufficient to permit appropriate consultation with Tribunal
authorities.
- In those cases where places of burial, whether individual or mass, are
known as a matter of record, and graves are actually found to exist, each
Party shall permit graves registration personnel of the other Parties to
enter, within a mutually agreed period of time, for the limited purpose of
proceeding to such graves, to recover and evacuate the bodies of deceased
military and civilian personnel of that side, including deceased
prisoners.
Article X: Cooperation
The Parties shall cooperate fully with all
entities involved in implementation of this peace settlement, as described in
the General Framework Agreement, or which are otherwise authorized by the United
Nations Security Council, including the International Tribunal for the Former
Yugoslavia.
Article XI: Notification to Military Commands
Each Party shall ensure that the terms of this
Annex, and written orders requiring compliance, are immediately communicated to
all of its Forces.
Article XII: Final Authority to Interpret
In accordance with Article I, the
IFOR Commander is the final authority in theatre regarding interpretation of
this agreement on the military aspects of the peace settlement, of which the
Appendices constitute an integral part.
Article XIII: Entry into Force
This Annex shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina For the Federation of Bosnia
and Herzegovina For the Republika Srpska
Endorsed:
For the Republic of Croatia
Endorsed:
For the Federal Republic of Yugoslavia
Office of the High Representative
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