Adopted by the Security Council at its 3612th meeting, on 21
December 1995
The Security Council,
Reaffirming all its earlier relevant resolutions on the situation
in Bosnia and Herzegovina, including its resolution 1019 (1995)
of 9 November 1995 and condemning the Bosnian Serb party's failure,
despite repeated calls that it should do so, to comply with the
demands contained therein,
Having considered the report of the Secretary-General pursuant
to resolution 1019 (1995) on violations of international humanitarian
law in the areas of Srebrenica, Zepa, Banja Luka and Sanski Most
of 27 November 1995 (S/1995/988),
Gravely concerned at the information contained in the above-mentioned
report that there is overwhelming evidence of a consistent pattern
of summary executions, rape, mass expulsion, arbitrary detentions,
forced labour and largescale disappearances,
Reiterating its strong support for the work of the International
Tribunal established pursuant to its resolution 827 (1993) of
25 May 1993,
Noting that the General Framework Agreement for Peace in
Bosnia and Herzegovina and the Annexes thereto (collectively the
Peace Agreement, S/1995/999, annex) initialled at Dayton, Ohio,
on 21 November 1995 provides that no person who is serving a sentence
imposed by the International Tribunal for the former Yugoslavia,
and no person who is under indictment by the Tribunal and who
has failed to comply with an order to appear before the Tribunal,
may stand as a candidate or hold any appointive, elective, or
other public office in Bosnia and Herzegovina,
Condemning the failure of the Bosnian Serb party to comply
with their commitments in respect of giving access to displaced
persons and to persons detained or reported missing,
Reiterating its concern expressed in the statement of its
President of 7 December 1995 (S/PRST/1995/60),
Deeply concerned by the plight of hundreds of thousands
of refugees and displaced persons as a result of hostilities in
the former Yugoslavia,
1. Strongly condemns all violations of international humanitarian
law and of human rights in the territory of the former Yugoslavia
and demands that all concerned comply fully with their obligations
in this regard and reiterates that all those who commit violations
of international humanitarian law will be held individually responsible
in respect of such acts;
2. Condemns in particular in the strongest possible terms
the violations of international humanitarian law and of human
rights by Bosnian Serb and paramilitary forces in the areas of
Srebrenica, Zepa, Banja Luka and Sanski Most as described in the
report of the Secretary-General of 27 November 1995 and showing
a consistent pattern of summary executions, rape, mass expulsions,
arbitrary detentions, forced labour and large-scale disappearances;
3. Notes with the utmost concern the substantial evidence
referred to in the report of the Secretary-General of 27 November
1995 that an unknown but large number of men in the area of Srebrenica,
namely in Nova Kasaba- Konjevic Polje (Kaldrumica), Kravice, Rasica
Gai, Zabrde and two sites in Karakaj, and possibly also in Bratunac
and Potocari, have been summarily executed by Bosnian Serb and
paramilitary forces and condemns in the strongest terms the commission
of such acts;
4. Reiterates its strong support for the efforts of the
International Committee of the Red Cross (ICRC) in seeking access
to displaced persons and to persons detained or reported missing
and calls on all parties to comply with their commitments in respect
of such access;
5. Reaffirms its demand that the Bosnian Serb party give
immediate and unimpeded access to representatives of the United
Nations High Commissioner for Refugees, the ICRC and other international
agencies to persons displaced and to persons detained or reported
missing from Srebrenica, Zepa and the regions of Banja Luka and
Sanski Most who are within the areas of Bosnia and Herzegovina
under the control of Bosnian Serb forces and that the Bosnian
Serb party permit representatives of the ICRC (i) to visit and
register any persons detained against their will, whether civilians
or members of the forces of Bosnia and Herzegovina, and (ii) to
have access to any site it may deem important;
6. Affirms that the violations of humanitarian law and
human rights in the areas of Srebrenica, Zepa, Banja Luka and
Sanski Most from July to October 1995 must be fully and properly
investigated by the relevant United Nations and other international
organizations and institutions;
7. Takes note that the International Tribunal established
pursuant to resolution 827 (1993) of 25 May 1993 issued on 16
November 1995 indictments against the Bosnian Serb leaders Radovan
Karadzic and Ratko Mladic for their direct and individual responsibilities
for the atrocities committed against the Bosnian Muslim population
of Srebrenica in July 1995;
8. Reaffirms its demand that the Bosnian Serb party give
immediate and unrestricted access to the areas in question, including
for the purpose of the investigation of the atrocities, to representatives
of the relevant United Nations and other international organizations
and institutions, including the Special Rapporteur of the Commission
on Human Rights;
9. Underlines in particular the urgent necessity for all
the parties to enable the Prosecutor of the International Tribunal
to gather effectively and swiftly the evidence necessary for the
Tribunal to perform its task;
10. Stresses the obligations of all the parties to cooperate
with and provide unrestricted access to the relevant United Nations
and other international organizations and institutions so as to
facilitate their investigations and takes note of their commitment
under the Peace Agreement in this regard;
11. Reiterates its demand that all parties, and in particular
the Bosnian Serb party, refrain from any action intended to destroy,
alter, conceal or damage any evidence of violations of international
humanitarian law and that they preserve such evidence;
12. Reiterates further its demand that all States, in particular
those in the region of the former Yugoslavia, and all parties
to the conflict in the former Yugoslavia, comply fully and in
good faith with the obligations contained in paragraph 4 of resolution
827 (1993) to cooperate fully with the International Tribunal
and calls on them to create the conditions essential for the Tribunal
to perform the task for which it has been created, including the
establishment of offices of the Tribunal when the latter deems
it necessary;
13. Reiterates its demand that all detention camps throughout
the territory of Bosnia and Herzegovina should be immediately
closed;
14. Urges the parties to ensure full respect for the norms
of international humanitarian law and of human rights of the civilian
population, living in the areas in Bosnia and Herzegovina now
under their control, which under the Peace Agreement will be transferred
to another party;
15. Condemns the widespread looting and destruction of
houses and other property, in particular by HVO forces in the
area of Mrkonjic Grad and Sipovo, and demands that all sides immediately
stop such action, investigate them and make sure that those who
violated the law be held individually responsible in respect of
such acts;
16. Demands that all sides refrain from laying mines, in
particular in those areas now under their control, which under
the Peace Agreement will be transferred to another party;
17. Urges Member States to continue to assist the efforts
of the United Nations, humanitarian agencies and non-governmental
organizations under way in the former Yugoslavia to alleviate
the plight of hundreds of thousands of refugees and displaced
persons;
18. Also urges all the parties to the conflicts in the
territory of the former Yugoslavia to fully cooperate with these
efforts with the view to create conditions, conducive to the repatriation
and return of refugees and displaced persons in safety and dignity;
19. Requests the Secretary-General to keep the Council
regularly informed on progress reached in the investigation of
the violations of international humanitarian law referred to in
the report mentioned above;
20. Decides to remain actively seized of the matter.