Forty-ninth session
Agenda item 39
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
The General Assembly,
Reaffirming its resolutions 46/242 of 25 August 1992, 47/121
of 18 December 1992 and 48/88 of 20 December 1993, and recalling
all relevant resolutions of the Security Council regarding the
situation in the Republic of Bosnia and Herzegovina, as well as
the principles enunciated by the International Conference on the
Former Yugoslavia,
Reaffirming once again that, as the Republic of Bosnia
and Herzegovina is a sovereign, independent State and a Member
of the United Nations, it is entitled to all rights provided for
in the Charter of the United Nations, including the right to self-defence
under Article 51 thereof,
Stressing that the armed hostilities and continued aggression
against Bosnia and Herzegovina constitute a threat to international
peace and security and are a serious impediment to the peace process,
and noting in that context that the relevant resolutions of the
Security Council remain unimplemented,
Reaffirming the relevant principles of the Charter and
the principle of the inadmissibility of the acquisition of territory
through the use of force, as well as the obligation of all States
to act in conformity with the purposes and principles of the Charter,
Commending the ongoing efforts of the Bosniac and Croat
parties in Bosnia and Herzegovina for working towards rapid and
complete implementation of the Washington agreements on the Federation
of Bosnia and Herzegovina, 1/ and affirms that those agreements
should be considered as a model for the overall solution to the
crisis in Bosnia and Herzegovina and relations among all the parties,
Endorsing the peace proposal of the Contact Group as outlined
by the communiquÇ of Foreign Ministers of 30 July 1994,
2/ including the decisions taken by the Contact Group regarding
further actions in the event of a rejection of the proposed peace
plan,
Welcoming the decision of the Government of the Republic
and the Federation of Bosnia and Herzegovina to accept the peace
plan,
Noting the offer of the Government of the Republic of Bosnia
and Herzegovina to seek de jure lifting of the arms embargo with
effective application deferred for up to six months or as may
be further deferred by the Security Council, especially in view
of an acceptance and implementation of the Contact Group's peace
plan by the Bosnian Serbs,
Encouraging the Secretary-General to continue planning
for the orderly and safe redeployment of the United Nations Protection
Force personnel in Bosnia and Herzegovina if such might become
necessary,
Condemning the Bosnian Serb party for its non-compliance
with the relevant resolutions of the Security Council, as well
as its rejection of the proposed peace plan of the Contact Group,
Stressing the importance of full implementation of Security
Council decisions on safe areas, and in this context welcoming
the cooperation between the United Nations Protection Force and
other relevant regional security organizations,
Recalling the report of the Committee on the Elimination
of Racial Discrimination, in which the Committee noted "with
great concern that links existed between the Federal Republic
of Yugoslavia (Serbia and Montenegro) and Serbian militias and
paramilitary groups responsible for massive, gross and systematic
violations of human rights in Bosnia and Herzegovina and in Croatian
territories controlled by Serbs", 3/
Reaffirming its determination to prevent acts of genocide
and crimes against humanity and other violations of international
humanitarian law,
Gravely concerned at the persistent and systematic campaign
of ethnic cleansing, involving murder, rape, torture and other
inhumane treatment, perpetrated by the Bosnian Serb forces in
Banja Luka, Bijeljina and other areas of Bosnia and Herzegovina
under their control, and emphasizing that these practices, as
described in the reports of the Special Rapporteur of the Commission
on Human Rights on the situation of human rights in the territory
of the former Yugoslavia, constitute clear violations of international
humanitarian law, including the Geneva Conventions of 12 August
1949 4/ and Additional Protocols thereto, of 1977, 5/ and pose
a serious threat to the peace effort,
Commending the work conducted by the Commission of Experts
established pursuant to Security Council resolution 780 (1992)
of 6 October 1992,
Welcoming the establishment by the Security Council of
the International Tribunal for the Prosecution of Persons Responsible
for Serious Violations of International Humanitarian Law Committed
in the Territory of the Former Yugoslavia since 1991, and calling
upon all States to cooperate fully with the work of the Tribunal,
Noting that the International Court of Justice, in its
Order of 13 September 1993 in the case concerning the application
of the Convention on the Prevention and Punishment of the Crime
of Genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and
Montenegro)), indicated as a provisional measure that "the
Government of the Federal Republic of Yugoslavia (Serbia and Montenegro)
should immediately, in pursuance of its undertaking in the Convention
on the Prevention and Punishment of the Crime of Genocide of 9
December 1948, take all measures within its power to prevent the
commission of the crime of genocide", 6/
Taking note of the Order of the International Court of
Justice of 13 September 1993, in which it stated that "the
present perilous situation demands ... [the] immediate and effective
implementation of those [provisional] measures", 7/
Stressing the importance of efforts to restore peace in
the entire territory of the Republic of Bosnia and Herzegovina
as well as to preserve its territorial integrity within the internationally
recognized borders, consistent with relevant Security Council
resolutions, and emphasizing that the occupied parts of the Republic
are an integral part of its territory,
Alarmed and concerned by the fact that the ongoing situation
in the Serbian-controlled parts of Bosnia and Herzegovina is de
facto allowing and promoting a state of occupation of these parts
of the sovereign Republic of Bosnia and Herzegovina,
Emphasizing that the Serbian-controlled parts of Bosnia
and Herzegovina must be reintegrated into the rest of the country,
consistent with the peace proposal of the Contact Group, under
the close supervision of the international community,
Expressing its concern about the recently intensified siege
of Sarajevo and other Bosnian cities and safe areas, which endangers
the well-being and safety of their inhabitants,
Reaffirming the character of Sarajevo as a multicultural,
multi-ethnic and multi-religious centre, and the need to preserve
its plurality and avoid its further destruction,
Emphasizing the importance of the work of the United Nations
Special Coordinator for Sarajevo towards its restoration and the
overall reconstruction of the Republic of Bosnia and Herzegovina,
and calling upon all States to facilitate these efforts,
Conscious that the grave situation in Bosnia and Herzegovina
continues to be a threat to international peace and security,
1. Strongly condemns the Bosnian Serb party for its refusal
to accept the proposed territorial settlement, and demands that
it immediately accept this settlement unconditionally and in full;
2. Commends the tireless efforts of the United Nations
Protection Force, the Office of the United Nations High Commissioner
for Refugees and other related agencies, and notes with the utmost
appreciation all the individuals who have shown exemplary bravery
and courage, those who have made the ultimate sacrifice in carrying
out their commitments, and all those who continue to perform their
duties faithfully;
3. Urges all parties to cooperate fully with the United
Nations Protection Force in implementing its mandates, in particular
those related to safe areas;
4. Demands that the Bosnian Serb party lift forthwith the
siege of Sarajevo and other safe areas, as well as other besieged
Bosnian towns, and urges the Secretary-General to direct the United
Nations Protection Force to take necessary measures, in accordance
with relevant Security Council resolutions, for the protection
of the safe areas;
5. Condemns the continuing military activities of the Bosnian
Serbs against the territory of the Republic of Croatia and their
actions in cooperation with the Serb paramilitary units from the
occupied territories of Croatia in launching coordinated attacks
against the territory of the Republic of Bosnia and Herzegovina,
and demands the immediate cessation of all such activities;
6. Strongly condemns the Serbian self-proclaimed authorities
in the Serbian-controlled territories of Bosnia and Herzegovina
for their actions in pursuit of the ethnic cleansing of those
areas as a matter of policy;
7. Reaffirms its support for the principle that all statements
and commitments made under duress, particularly those regarding
land and property, are wholly null and void;
8. Reaffirms that the consequences of ethnic cleansing
shall not be accepted by the international community and that
those who have seized land and other property by ethnic cleansing
and by the use of force must relinquish those lands, in conformity
with norms of international law;
9. Reaffirms once again the right of refugees and displaced
persons from the areas of conflict in the territory of the former
Yugoslavia to return voluntarily to their homes in safety and
dignity, and therefore requests the Office of the United Nations
High Commissioner for Refugees and other relevant United Nations
bodies to facilitate their return;
10. Urges the Office of the High Commissioner, as part
of its humanitarian assistance programme, to provide appropriate
assistance to facilitate cultural exchanges between Sarajevo and
other parts of Bosnia and Herzegovina and the international community
and to facilitate the delivery and installation of a reliable
communications system in Sarajevo for the use of the civilian
population;
11. Condemns vigorously all violations of human rights
and international humanitarian law committed by parties to the
conflict, especially those violations committed as policy by Serbia
and Montenegro and the Bosnian Serbs, who have done so systematically,
flagrantly and on a massive scale against the people of Bosnia
and Herzegovina;
12. Deeply alarmed by the continuing systematic abuses
committed against Albanians, Bosnians, Hungarians and Croatians,
and others in Kosovo, Sandzak and Vojvodina, respectively, by
the authorities of Serbia and Montenegro, and in that regard condemns
the decision of those authorities not to renew the mandate of
the monitoring missions of the Conference on Security and Cooperation
in Europe in those regions;
13. Demands that the Federal Republic of Yugoslavia (Serbia
and Montenegro) uphold its commitment and obligation to comply
with relevant Security Council resolutions, including resolution
752 (1992) of 15 May 1992, and to cease any military and logistic
support to the Bosnian Serbs, and supports the decision of the
Council to terminate automatically the partial suspension of sanctions
in the event that the Federal Republic is found not to implement
effectively its decision to close the border between the Republic
of Bosnia and Herzegovina and the Federal Republic in accordance
with Council resolution 943 (1994) of 23 September 1994;
14. Calls for mutual recognition between the Republic of
Bosnia and Herzegovina and the Federal Republic of Yugoslavia
(Serbia and Montenegro) within their existing internationally
recognized borders as a critical step towards a lasting peace
settlement;
15. Calls upon all parties, in particular the Federal Republic
of Yugoslavia (Serbia and Montenegro), to comply fully with all
Security Council resolutions regarding the situation in the Republic
of Bosnia and Herzegovina and strictly to respect its territorial
integrity, and in this regard concludes that their activities
aimed at achieving integration of the occupied territories of
Bosnia and Herzegovina into the administrative, military, educational,
transportation and communication systems of the Federal Republic
leading to a de facto state of occupation are illegal, null and
void, and must cease immediately;
16. Expresses its appreciation for the efforts of the United
Nations Protection Force to help create the conditions conducive
to the rapid and complete implementation of the Washington agreements
on the Federation of Bosnia and Herzegovina, and encourages the
international community, acting through the United Nations and
other international organizations and bilaterally, to enhance
its support for the Governments of the Republic and of the Federation
of Bosnia and Herzegovina;
17. Notes with deep concern the failure to open the Tuzla
airport as called for in numerous resolutions and once again urges
the Secretary-General to take immediate action to reopen it, aware
of the importance of that airport in facilitating the receipt
and distribution of international humanitarian aid, consistent
with the provisions of Security Council resolution 770 (1992)
of 13 August 1992;
18. Demands that all concerned facilitate the unhindered
flow of humanitarian assistance, including the provision of water,
electricity, fuel and communication, in particular to the safe
areas in Bosnia and Herzegovina, and in this context urges the
Security Council to implement fully its resolution 770 (1992)
to ensure the free flow of humanitarian assistance, particularly
to the safe areas;
19. Condemns activities by any of the parties or others
concerned in contravention of paragraph 12 of Security Council
resolution 820 (1993) of 17 April 1993, and demands full compliance
with that provision;
20. Commends all States, in particular the States bordering
on the Federal Republic of Yugoslavia (Serbia and Montenegro)
and the other Danube riparian States, for the measures they have
taken to comply with the mandatory sanctions imposed by the Security
Council against the Federal Republic, and urges all States to
continue their vigilant enforcement of these sanctions measures;
21. Urges the Security Council, in fulfilling its responsibility
under Article 24 of the Charter of the United Nations, to take
all appropriate steps to uphold and restore fully the sovereignty,
political independence, territorial integrity and unity of the
Republic of Bosnia and Herzegovina, in cooperation with States
Members of the United Nations and the Government of the Republic;
22. Encourages the Security Council to give all due consideration
and exempt the Governments of the Republic and and of Federation
of Bosnia and Herzegovina from the embargo on deliveries of weapons
and military equipment originally imposed by the Council in resolution
713 (1991) of 25 September 1991 and as further outlined in the
eighth preambular paragraph of the present resolution;
23. Urges Member States as well as other members of the
international community, from all regions, to extend their cooperation
to the Republic of Bosnia and Herzegovina in exercise of its inherent
right of individual and collective self-defence in accordance
with Article 51 of the Charter;
24. Requests the Security Council to act immediately to
close all detention camps in Bosnia and Herzegovina and further
to close concentration camps established by the Serbs in Serbia
and Montenegro and in Bosnia and Herzegovina and, until implementation,
to assign international observers to these camps;
25. Requests that the International Committee of the Red
Cross be granted free access to all detention camps established
by the Serbs in Serbia and Montenegro and in Bosnia and Herzegovina
and to all persons imprisoned in those camps, and that all prisoners
be notified of this action without delay;
26. Further affirms individual responsibility for the perpetration
of crimes against humanity and other serious violations of international
humanitarian law committed in Bosnia and Herzegovina;
27. Welcomes the fact that delays which have hampered the
work of the International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia since
1991 have been removed and looks forward to a speedy assumption
of the judiciary process free of interference and delays, and
in this context encourages the provision of all resources necessary,
including full funding as well as voluntary contributions from
States and intergovernmental and non-governmental organizations,
in accordance with the above-stated principle of non-interference,
so that the Tribunal can conduct without any further delay its
stipulated functions of trying and punishing those responsible
for the perpetration of violations of international law;
28. Requests the Secretary-General to submit a report on
the implementation of the present resolution within thirty days
of its adoption, as well as the report called for under the auspices
of the London Conference, which, regrettably, has not yet been
issued;
29. Decides to remain seized of the matter and to continue
the consideration of this item.
51st plenary meeting
3 November 1994
____________
1/ "Framework Agreement establishing a Federation in the
Areas of the Republic of Bosnia and Herzegovina with a Majority
Bosniac and Croat Population" and "Outline of a Preliminary
Agreement for a Confederation between the Republic of Croatia
and the Federation", signed in Washington, D.C., on 1 March
1994; see S/1994/255.
2/ S/1994/916.
3/ See Official Records of the General Assembly, Forty-eighth
Session, Supplement No. 18 (A/48/18), para. 537.
4/ United Nations, Treaty Series, vol. 75, Nos. 970-973.
5/ Ibid., vol. 1125, Nos. 17512 and 17513.
6/ Application of the Convention on the Prevention and Punishment
of the Crime of Genocide, Provisional Measures, Order of 13 September
1993, I.C.J. Reports 1993, p. 325 (para. 37, A (1)).
7/ Ibid., para. 59.