Security Council resolution 1088 (1996) on the situation in Bosnia and Herzegovina, U.N. Doc. S/RES/1088 (1996).
The Security Council, Recalling all its previous relevant resolutions concerning
the conflicts in the former Yugoslavia, including resolutions 1031 (1995)
of 15 December 1995 and 1035 (1995) of 21 December 1995, 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, Welcoming the conclusions of the Ministerial Steering Board
and of the Presidency of Bosnia and Herzegovina held in Paris (the Paris
Conference) on 14 November 1996 (S/1996/968), and the guiding principles
of the two-year civilian consolidation plan of the peace process referred
to in those conclusions, Welcoming also the conclusions of the Peace Implementation
Conference held in London on 4 and 5 December 1996 (the London Conference)
(S/1996/1012), which, following the conclusions of the Paris Conference,
approved an Action Plan for the first twelve-month period of the civilian
consolidation plan of the peace process, Welcoming the progress in the implementation of the General
Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes
thereto (collectively the Peace Agreement, S/1995/999, annex), and expressing
its appreciation to the High Representative, the Commander and personnel
of the multinational implementation force (IFOR), and the personnel
of other international organizations and agencies in Bosnia and Herzegovina
for their contributions to the implementation of the Peace Agreement,
Noting with satisfaction the holding of the elections called
for in Annex 3 of the Peace Agreement, and welcoming the progress
in establishing the common institutions in accordance with the provisions
of the Constitution of Bosnia and Herzegovina, Underlining also 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, Having considered the report of the Secretary-General of 9
December 1996 (S/1996/1017), Noting the report of the High Representative of 9 December
1996 (S/1996/1024, annex), 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,
1. Reaffirms 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. Expresses its support for the conclusions of the Paris and
London Conferences; 3. Underlines that the primary responsibility for the further
successful implementation of the peace process lies with the authorities
in Bosnia and Herzegovina themselves, which during the next two years
should assume increasingly a greater responsibility for the functions
now undertaken or coordinated by the international community, and stresses
that without compliance and active participation by all the authorities
in Bosnia and Herzegovina in rebuilding a civil society they cannot
expect the international community and major donors to continue shouldering
the political, military and economic burden of the implementation and
reconstruction efforts; 4. Underlines the link, as agreed by the Presidency of Bosnia
and Herzegovina in the conclusions of the Paris Conference, between
the availability of international financial assistance and the degree
to which all the authorities in Bosnia and Herzegovina implement the
Peace Agreement, including cooperation with the International Tribunal
for the Former Yugoslavia and cooperation with the Action Plan which
has been approved by the London Conference; 5. Welcomes the mutual recognition among all the successor
States to the former Socialist Federal Republic of Yugoslavia within
their internationally recognized borders, and stresses the importance
of full normalization of relations, including the immediate establishment
of diplomatic relations, among those States; 6. Welcomes the reaffirmation by the Presidency of Bosnia and
Herzegovina in the conclusions of the Paris Conference of its commitment
to fully pursuing, in the name of the three constituent peoples of Bosnia
and Herzegovina, the peace process, in accordance with the Peace Agreement
and the sovereignty and territorial integrity of the country, including
the development of a Bosnian State based on the principles of democracy
and consisting of the two Entities, the Federation of Bosnia and Herzegovina
and the Republika Srpska, and underlines in this respect the
importance of establishing the remaining common institutions provided
for in the Constitution of Bosnia and Herzegovina without delay, as
well as the importance of the commitment by the authorities in Bosnia
and Herzegovina to cooperate in the working of these institutions at
all levels; 7. Reminds the parties 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 carries out its responsibilities for dispensing justice impartially,
and underlines that full cooperation by States and entities with
the International Tribunal includes, inter alia, the surrender
for trial of all persons indicted by the Tribunal and provision of information
to assist in Tribunal investigations; 8. Recognizes that the parties have authorized the multinational
force referred to in paragraph 18 below to take such actions as required,
including the use of necessary force, to ensure compliance with Annex
1-A of the Peace Agreement; 9. Welcomes the agreement of the authorities in Bosnia and
Herzegovina to supervision by the Organization for Security and Cooperation
in Europe (OSCE) of the preparation and conduct of the municipal elections
to be held in 1997, and also welcomes the decision of the OSCE
to extend the mandate of its mission in Bosnia and Herzegovina to take
forward its work on elections, as well as that on human rights and regional
stabilization; 10. Underlines the obligation of the parties under the Peace
Agreement to secure to all persons within their jurisdiction the highest
level of internationally recognized human rights and fundamental freedoms,
calls upon them to cooperate fully with the work of the Human
Rights Ombudsman and the Human Rights Chamber and to implement their
conclusions and decisions, and calls upon the authorities in
Bosnia and Herzegovina to cooperate fully with 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 monitor closely the human rights situation in Bosnia
and Herzegovina; 11. Welcomes the commitment of the parties to the right of
all refugees and displaced persons freely to return to their homes of
origin or to other places of their choice in Bosnia and Herzegovina
in safety, notes the leading humanitarian role which has been
given by the Peace Agreement to the United Nations High Commissioner
for Refugees, in coordination with other agencies involved and under
the authority of the Secretary-General, in assisting with the repatriation
and relief of refugees and displaced persons, and stresses the importance
of facilitating the return or resettlement of refugees and displaced
persons which should be gradual and orderly and carried out through
progressive, coordinated programmes that address the need for local
security, housing and jobs, while ensuring full compliance with Annex
7 of the Peace Agreement as well as other established procedures; 12. Emphasizes the importance of the creation of conditions
conducive to the reconstruction and development of Bosnia and Herzegovina,
encourages Member States to provide assistance for the programme
of reconstruction in that country, and welcomes in this respect
the important contribution already made by the European Union, the World
Bank and bilateral donors; 13. Underlines the importance of control of armaments in the
region at the lowest possible level of weapons, calls upon the
Bosnian parties to implement fully and without further delay the agreements
signed in Vienna on 26 January 1996 and in Florence on 14 June 1996
and, following satisfactory progress in the implementation of the Article
II and Article IV Agreements, calls for efforts to continue to
promote the implementation of Article V of Annex 1-B on regional arms
control of the Peace Agreement; 14. Stresses the importance it attaches to the continuation
on a reinforced basis as agreed at the Paris and London Conferences
of the role of the High Representative in monitoring the implementation
of the Peace Agreement and giving guidance to and coordinating the activities
of the civilian organizations and agencies involved in assisting the
parties to implement the Peace Agreement, and reaffirms that
the High Representative is the final authority in theatre regarding
the interpretation of Annex 10 on civilian implementation of the Peace
Agreement and that in case of dispute he may give his interpretation
and make his recommendations, including to the authorities of Bosnia
and Herzegovina or its Entities, and make them known publicly; 15. Reaffirms its intention to keep the situation in Bosnia
and Herzegovina under close review, taking into account the reports
submitted pursuant to paragraphs 26 and 34 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;
16. Pays tribute to those Member States who participated in
the multinational force established in accordance with its resolution
1031 (1995), and welcomes their willingness to assist the parties
to the Peace Agreement by continuing to deploy a multinational implementation
force; 17. Notes the confirmations by the Presidency of Bosnia and
Herzegovina, on behalf of Bosnia and Herzegovina, including its constituent
Entities, and by the Republic of Croatia and the Federal Republic of
Yugoslavia of the understandings set out in the letters dated 29 November
1996 from the Secretary-General of the organization referred to in Annex
1-A of the Peace Agreement (S/1996/1025); 18. Authorizes the Member States acting through or in cooperation
with the organization referred to in Annex 1-A of the Peace Agreement
to establish for a planned period of 18 months a multinational stabilization
force (SFOR) as the legal successor to IFOR under unified command and
control in order to fulfil the role specified in Annex 1-A and Annex
2 of the Peace Agreement; 19. Authorizes the Member States acting under paragraph 18
above to take all necessary measures to effect the implementation of
and to ensure compliance with Annex 1-A of the Peace Agreement, stresses
that the parties shall continue to be held equally responsible for compliance
with that Annex and shall be equally subject to such enforcement action
by SFOR as may be necessary to ensure implementation of that Annex and
the protection of SFOR, and takes note that the parties have
consented to SFOR's taking such measures; 20. 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; 21. Authorizes the Member States acting under paragraph 18
above, in accordance with Annex 1-A of the Peace Agreement, to take
all necessary measures to ensure compliance with the rules and procedures,
to be 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; 22. 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 SFOR by Annex 1-A of the Peace Agreement with regard to
the airspace of Bosnia and Herzegovina; 23. Demands that the parties respect the security and freedom
of movement of SFOR and other international personnel; 24. Invites all States, in particular those in the region,
to continue to provide appropriate support and facilities, including
transit facilities, for the Member States acting under paragraph 18
above; 25. 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; 26. Requests the Member States acting through or in cooperation
with the organization referred to in Annex 1-A of the Peace Agreement
to report to the Council, through the appropriate channels and at least
at monthly intervals;
Noting the request of the authorities in Bosnia and Herzegovina
that the mandate of the United Nations civilian police force known as
the International Police Task Force (IPTF), which is a part of the United
Nations Mission in Bosnia and Herzegovina (UNMIBH), be renewed, Reaffirming the legal basis in the Charter of the United Nations
on which the IPTF was given its mandate in resolution 1035 (1995), Expressing its appreciation to the personnel of UNMIBH for
their contribution to the implementation of the Peace Agreement,
27. Decides to extend the mandate of UNMIBH, which includes
the IPTF, for an additional period terminating on 21 December 1997,
and also decides that the IPTF shall continue to be entrusted
with the tasks set out in Annex II of the Peace Agreement, including
the tasks referred to in the Conclusions of the London Conference and
agreed by the authorities in Bosnia and Herzegovina; 28. 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 of the mandate of UNMIBH as a whole, and, in this context,
also requests the Secretary-General to report to the Council
by 16 June 1997 on the IPTF, in particular its work in assisting the
restructuring of law enforcement agencies, coordinating assistance in
training and providing equipment, advising law enforcement agencies
on guidelines on democratic policing principles with full support for
human rights, and investigating or assisting with investigations into
human rights abuses by law enforcement personnel, as well as to report
on progress by the authorities in Bosnia and Herzegovina in regard to
such issues, in particular their compliance with IPTF-prescribed guidelines
including their taking prompt and effective action, which could include
dismissal where appropriate, in respect of any officer notified to them
by the IPTF Commissioner as failing to cooperate with the IPTF or adhere
to democratic policing principles; 29. Stresses that the successful implementation of the tasks
of the IPTF rests on the quality, experience and professional skills
of its personnel, and urges Member States, with the support of
the Secretary-General, to ensure the provision of such qualified personnel;
30. Reaffirms the responsibility of the parties to cooperate
fully with, and instruct their respective responsible officials and
authorities to provide their full support to, the IPTF on all relevant
matters; 31. Expresses appreciation for the efforts under way to enhance
and strengthen the logistical and support capabilities of UNMIBH by
the Secretary-General, and urges that those efforts be increased;
32. Calls 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 the civilian
consolidation plan, as well as the security of IPTF personnel; 33. Encourages Member States, in response to demonstrable progress
by the parties in restructuring their law enforcement institutions,
to assist the parties, through the IPTF, in following up the United
Nations programme of assistance for the local police forces; 34. Also requests the Secretary-General to submit to the Council
reports from the High Representative, in accordance with Annex 10 of
the Peace Agreement and the conclusions of the London Conference, on
the implementation of the Peace Agreement and in particular on compliance
by the parties with their commitments under that Agreement; 35. Decides to remain seized of the matter.
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