Dispute Resolution Committee: General Framework Agreement for Peace in Bosnia and Herzegovina

GENERAL FRAMEWORK AGREEMENT: ANNEX 1-A

Article VIII: Establishment of a Joint Military Commission

1. A Joint Military Commission (the "Commission") shall be established with the deployment of the IFOR to Bosnia and Herzegovina.

2.The Commission shall:

a. 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.

b. Receive reports and agree on specific actions to ensure compliance with the provisions of this Annex by the Parties.

c. Assist the IFOR Commander in determining and implementing a series of local transparency measures between the Parties.

3.The Commission shall be chaired by the IFOR Commander or his or her representative and consist of the following members:

a. the senior military commander of the forces of each Party within Bosnia and Herzegovina;

b. other persons as the Chairman may determine;

c. each Party to this Annex may also select two civilians who shall advise the Commission in carrying out its duties;

d. 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.

4. The Commission shall not include any persons who are now or who come under indictment by the International Tribunal for the Former Yugoslavia.

5. 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.

6. 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.

7. 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.

8. 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.

9. Appropriate liaison arrangements will be established between the IFOR Commander and the High Representative to facilitate the discharge of their respective responsibilities.

GENERAL FRAMEWORK AGREEMENT: ANNEX 10 

Agreement on Civilian Implementation

The Republic of Bosnia and Herzegovina, the Republic of Croatia, the Federal Republic of Yugoslavia, the Federation of Bosnia and Herzegovina, and the Republika Srpska (the "Parties") have agreed as follows:

Article I: High Representative

1. The Parties agree that the implementation of the civilian aspects of the peace settlement will entail a wide range of activities including continuation of the humanitarian aid effort for as long as necessary; rehabilitation of infrastructure and economic reconstruction; the establishment of political and constitutional institutions in Bosnia and Herzegovina; promotion of respect for human rights and the return of displaced persons and refugees; and the holding of free and fair elections according to the timetable in Annex 3 to the General Framework Agreement. A considerable number of international organizations and agencies will be called upon to assist.

2. In view of the complexities facing them, the Parties request the designation of a High Representative, to be appointed consistent with relevant United Nations Security Council resolutions, to facilitate the Parties' own efforts and to mobilize and, as appropriate, coordinate the activities of the organizations and agencies involved in the civilian aspects of the peace settlement by carrying out, as entrusted by a U.N. Security Council resolution, the tasks set out below.

Implementation History

1995

Full Implementation

The Accord had provisions for two sets of dispute resolution commissions: the establishment of the Joint Military Commission (under Annex 1-A) and the establishment of a Civilian Implementation Commission (under Annex 10). On 8 December 1995, Carl Bildt was appointed as the “High Representative” in charge of coordinating civilian implementation of the peace agreement in Bosnia. He was appointed unanimously by representatives of more than 40 nations at a two day peace implementation conference in London.1

Both of these bodies were established quickly and worked to resolve disputes within the implementation setting and the military aspects of implementation.

According to one report:

“On 15 December 1995, the Commander, Implementation Forces (COMIFOR), issued a Statement of Procedures that defined the Joint Military Commission (JMC) process and further defined the implied military tasks. The Statement of Procedures established the JMC as the central body for commanders of military factions to coordinate and resolve problems."2

As such, the Joint Military Commission was established immediately as the central body for commanders of military factions to coordinate and resolve problems. The first meeting of the JMC took place in Sarajevo on 21 December.3

These dispute resolution mechanisms worked to resolve disputes within the civilian aspect as well as the military aspect of the peace implementation.

1996

Full Implementation

The responsibility of the Implementation Force (IFOR) was transferred to the Stabilization Force (SFOR) by Security Council Resolution 1088 of 12 December 1996 and the JMC continued as a mechanism to resolve disputes related to military aspects of the implementation of the Dayton Accord.

1997

Full Implementation

No further developments observed.

1998

Full Implementation

No further developments observed.

1999

Full Implementation

No further developments observed.

2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

2003

No further developments observed.

2004

Full Implementation

No further developments observed.

2005

Full Implementation

The Civilian Implementation Commission, as of 2005, was still operational.