UN Security Council Resolution 1031

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UN Security
Council Resolution 1031
Date: December 15, 1995
Meeting: 3607
Identifier: S / RES / 1031 ( document )
Poll: Pro: 15  Ent. : 0  Cons: 0
Object: Bosnia and Herzegovina
Result: Accepted
Composition of the Security Council 1995:
Permanent members:

China People's RepublicPeople's Republic of China CHN FRA GBR RUS USAFranceFrance  United KingdomUnited Kingdom  RussiaRussia  United StatesUnited States 

Non-permanent members:
ArgentinaArgentina ARG BWA CZE DEU HONBotswanaBotswana  Czech RepublicCzech Republic  GermanyGermany  HondurasHonduras 
IndonesiaIndonesia IDN ITA NGA OMN RWAItalyItaly  NigeriaNigeria  OmanOman  RwandaRwanda 

The Resolution 1031 of the UN Security Council (UNSCR 1035) from 15. December 1995 was based on the Chapter VII of the Charter of the United Nations by the United Nations Security Council adopted at its 3607th meeting, unanimously.

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After the Bosnian War , the UN resolution forms the basis for the military implementation of all agreements made in the Dayton Agreement by the Peace Implementation Forces (IFOR) in Bosnia-Herzegovina . With the UN resolution, NATO was authorized to take over the tasks of IFOR provided in Annex 1 A (Military Aspects) and Annex 2 (Inter Entity Boundary) and in particular to monitor the implementation of all obligations of the conflicting parties contained in Annex 1 A as well as on the Based on Chapter VII Charter of the United Nations to enforce this with armed force.

In essence, Operation Deny Flight was ended and the IFOR Commander was given the sole authorizations, regulations and procedures for flight movements over Bosnia-Herzegovina to determine and enforce them. The UN resolution also authorized the UN member states to support IFOR with armed force in self-defense and the implementation of the mandate upon request. The establishment and responsibility for the civil implementation was also transferred to a High Representative for Bosnia and Herzegovina .

On the basis of the UN resolution, on December 16, 1995, the NATO Council authorized the Supreme Allied Commander Europe (SACEUR) to issue the ACTORD (Activation Order) for the main forces and the associated package of Rules of Engagement (ROE ). to surrender for these forces what followed immediately. At the same time, Operation Plan 10405 was approved and IFOR's right to arrest war criminals and transfer them to the International Criminal Tribunal for the Former Yugoslavia in the event that IFOR encounters such in the exercise of its mandate; transfer.

Text of UN resolution 1031

The Security Council,

I.

1. Welcomes and supports the Peace Agreement and calls on the parties to honor their commitments under the Agreement in good faith;

2. Expresses its intention to pursue the implementation of the peace agreement further;

3. Welcomes the progress made by the successor states to the former Socialist Federal Republic of Yugoslavia towards their mutual recognition within their internationally recognized borders;

4. Reaffirms its resolutions on the observance of international humanitarian law in the former Yugoslavia , also reaffirms that all states consult the International Tribunal for the former Yugoslavia and its organs in accordance with the provisions of resolution 827 (1993) of May 25, 1993 and of Have the status of the International Tribunal to fully cooperate and comply with requests for mutual assistance or orders issued by a criminal division under Article 29 of the Statute, and calls on them to authorize the establishment of offices of the Tribunal;

5. Acknowledges that the parties must fully cooperate with all agencies involved in the implementation of the peace settlement as described in the Peace Agreement , as well as with other agencies otherwise empowered by the Security Council, including the International Tribunal for the Former Yugoslavia, and in particular that the parties have authorized the multinational force referred to in paragraph 14 to take the necessary measures, including the use of force, if necessary, to ensure compliance with Appendix 1-A of the Peace Agreement;

6. Welcomes the fact that the Organization for Security and Co-operation in Europe (OSCE) has agreed to adopt and draw up an election program for Bosnia and Herzegovina at the request of the Parties to Annex 3 of the Peace Agreement;

7. Also welcomes the commitment of the parties, as set out in the Peace Agreement, to ensure the highest level of internationally recognized human rights and fundamental freedoms for all persons under their jurisdiction, stresses that compliance with this commitment is fundamental to the achievement of a lasting peace, and welcomes the requests by the parties to the United Nations Commission on Human Rights , the OSCE, the United Nations High Commissioner for Human Rights and other intergovernmental or regional human rights missions or organizations to closely monitor the human rights situation in Bosnia and Herzegovina;

8. Also welcomes the parties' commitment to the right of all refugees and displaced persons to return to their homes in freedom and security, recalls the humanitarian leadership role given to the United Nations High Commissioner for Refugees by the Peace Agreement to assist with the repatriation and assistance of refugees and displaced persons, in coordination with the other organizations involved and under the supervision of the Secretary-General, and stresses the importance of the repatriation being staggered, gradual and proper;

9. Stresses the importance of creating conditions conducive to the reconstruction and development of Bosnia and Herzegovina and encourages the Member States to support the reconstruction program in that country;

10. Stresses that, as described in the conclusions of the London Conference (8/9 December 1995), there is a link between the fulfillment of the commitments made by the parties in the Peace Agreement and the willingness of the international community to allocate financial resources for reconstruction and provide the development;

11. Welcomes the agreement of the parties to Annex 1-B of the Peace Agreement that the definition of progressive measures with regard to regional stability and arms control is indispensable for the establishment of a lasting peace in the region, stresses the importance of that all Member States support their efforts in this regard, and supports the OSCE's commitment to assist the parties in negotiating and implementing such measures;

II

12. Welcomes the willingness of Member States, acting through or in cooperation with the organization listed in Annex 1-A to the Peace Agreement, to assist the parties to the Peace Agreement by deploying a multinational peace implementation force;

13. Recalls the parties' request to the international community to deploy a multinational peace enforcement force for a period of approximately one year to assist in the implementation of the territorial and other military provisions of Annex 1-A to the Peace Agreement;

14. Authorizes the Member States acting through or in cooperation with the organization listed in Appendix 1-A of the Peace Agreement to establish a multinational peace implementation force (IFOR) under joint leadership, such as those in Appendices 1-A and 2 of the Peace Agreement should perform the tasks described;

15. Authorizes the member states acting in accordance with Section 14 to take all necessary measures to ensure the implementation of Annex 1-A of the Peace Agreement and to ensure compliance with it, emphasizes that the parties are equally responsible for compliance with Annex 1-A be held responsible and equally subject to any coercive measures taken by IFOR to implement Annex 1-A and to protect IFOR, and takes note that the parties have given their consent for the force to take such measures;

16. Authorizes the member states acting in accordance with section 14 to take all necessary measures in accordance with Annex 1-A of the Peace Agreement to ensure compliance with the rules and procedures for operations and control in the airspace over Bosnia and Herzegovina for to ensure all civil and military air traffic;

17. Authorizes all Member States, at the request of IFOR, to take all measures necessary to defend the force and to assist it in the performance of its mandate, in order to defend themselves against attack or threat of attack;

18. Demands that the parties respect the security and freedom of movement of IFOR and other international personnel;

19. Decides that from the date on which the Secretary-General reports to the Council that the transfer of authority from the United Nations Protection Force (UNPROFOR) to IFOR has taken place, as established by resolution 770 (1992) of 13 August 1992 , 781 (1992) of October 9, 1992, 816 (1993) of March 31, 1993, 836 (1993) of June 4, 1993, 844 (1993) of June 18, 1993 and 958 (1994) of November 19, 1994 the authorization granted to States to take certain measures ends and the provisions of resolution 824 (1993) of 6 May 1993 and subsequent resolutions on security zones also cease to apply from the same date;

20. Requests the Government of Bosnia and Herzegovina to work with the Commander of IFOR to ensure the effective management of airports in Bosnia and Herzegovina, taking into account the responsibilities of IFOR under Annex 1-A of the Peace Agreement with regard to Bosnia and Herzegovina and Herzegovina were transferred;

21. Decides, with a view to terminating the authorization given in paragraphs 14 to 17, one year after the transfer of authority from UNPROFOR to IFOR, to carry out a review by that date and on the basis of the recommendations submitted through the Secretary-General by the States participating in IFOR and the High Representative to take a decision on whether this authorization should continue;

22. Also decides that the embargo imposed by resolution 713 (1991) of 25 September 1991 does not apply to weapons and military equipment intended for the exclusive use of the Member States acting in accordance with paragraph 14 or the international police force;

23. Calls on all states, in particular the states of the region, to provide the Member States acting under Paragraph 14 with appropriate support and facilities, including transit facilities;

24. Welcomes the conclusion of the agreements on the status of troops provided for in Appendix B of Annex 1-A to the Peace Agreement and demands that the parties fully comply with these agreements;

25. Requests the Member States acting through or in cooperation with the organization listed in Annex 1-A of the Peace Agreement to report to the Council in the planned manner and at least monthly, the first such report not later than 10 To be submitted days after the adoption of this resolution;

26. Supports the appointment of a High Representative, at the request of the parties, who will monitor the civilian aspects of implementation in accordance with Annex 10 and mobilize the civilian organizations and agencies involved, give them guidance and coordinate their activities if necessary, and agrees Agree to the appointment of Carl Bildt as High Representative;

27. Confirms that the High Representative is the final authority in the field for the interpretation of Appendix 10 on the civilian aspects of the implementation of the Peace Agreement;

28. Decides that all States concerned, and particularly those in which the High Representative establishes offices, must ensure that the High Representative has the legal capacity necessary for the performance of his / her duties, including the ability to enter into contracts and the ability to move and Acquire and dispose of immovable property.

29. Notes that close cooperation between IFOR, the High Representative and the organizations will be required to ensure successful implementation;

30. Reaffirms the need to implement the Peace Agreement in its entirety and, in this context, stresses the importance it attaches to the prompt implementation of Annex 11 to the Peace Agreement, and decides to act swiftly on the basis of the report by the Secretary-General in which he sets up a civilian police force recommends the United Nations, with the functions set out in Appendix 11, and the establishment of a civilian office with the responsibilities set out in the Secretary-General's report, and decides that the civil police, demining and civil affairs necessary for the performance of the duties set out in the report are competent and other staff remain on site in the meantime, irrespective of the provisions in clauses 33 and 34;

31. Emphasizes that rapid action must be taken in Sarajevo to build trust between the ethnic groups and, to this end, requests the Secretary-General to ensure the rapid transfer of parts of the United Nations civilian police from the Republic of Croatia to Sarajevo;

32. Requests the Secretary-General to submit reports from the High Representative on the implementation of the Peace Agreement to the Council in accordance with Annex 10 of the Peace Agreement and the conclusions of the London Conference.

III

33. Decides that the mandate of UNPROFOR will end on the day on which the Secretary General reports to the Council that the transfer of authority from UNPROFOR to IFOR has taken place.

34. Approves the arrangements for the withdrawal of UNPROFOR and Headquarters units from the United Nations Peacekeeping Force (UNPF) described in the Secretary-General's report, including the arrangements for the conduct of UNPROFOR following the transfer of their authority to IFOR.

35. Expresses its warmest appreciation to all the staff of UNPROFOR who have provided their services to the cause of peace in the former Yugoslavia and pays tribute to those who died or were seriously injured in the service of this cause;

36. Authorizes the Member States acting under Paragraph 14 to make use of all means necessary to assist UNPROFOR with the withdrawal;

37. Calls on the parties to guarantee the security of UNPROFOR and confirms that UNPROFOR will continue to enjoy all existing privileges and immunities during the withdrawal phase;

38. Requests the Secretary-General to report to the Council as soon as the UNPROFOR withdrawal is complete;

IV

39. Acknowledges the unique, extraordinary and complex nature of the current situation in Bosnia and Herzegovina, which calls for extraordinary action;

40. Decides to remain concerned with the matter.