UN Peacekeeping Force: General Framework Agreement for Peace in Bosnia and Herzegovina

THE GENERAL FRAMEWORK AGREEMENT: ANNEX 1-A

Article VI: Deployment of the Implementation Force

1. Recognizing the need to provide for the effective implementation of the provisions of this Annex, and to ensure compliance, the United Nations Security Council is invited to authorize Member States or regional organizations and arrangements to establish the IFOR acting under Chapter VII of the United Nations Charter. The Parties understand and agree that this Implementation Force may be composed of ground, air and maritime units from NATO and non-NATO nations, deployed to Bosnia and Herzegovina to help ensure compliance with th eprovisions of this Annex. The Parties understand and agree that the IFOR shall have the right to deploy on either side of the Inter-Entity Boundary Line and throughout Bosnia and Herzegovina.

2. The Parties understand and agree that the IFOR shall have the right:

a. to monitor and help ensure compliance by all Parties with this Annex (including, in particular, withdrawal and redeployment of Forces within agreed periods, and the establishment of Zones of Separation);

b. to authorize and supervise the selective marking of the Agreed Cease-Fire Line and its Zone of Separation and the Inter-Entity Boundary Line and its Zone of Separation as established by the General Framework Agreement;

c. to establish liaison arrangements with local civilian and military authorities and other international organizations as necessary for the accomplishment of its mission; and

d. to assist in the withdrawal of UN Peace Forces not transferred to the IFOR, including, if necessary, the emergency withdrawal of UNCRO Forces.

3. The Parties understand and agree that the IFOR shall have the right to fulfill its supporting tasks, within the limits of its assigned principal tasks and available resources, and on request, which include the following:

a. to help create secure conditions for the conduct by others of other tasks associated with the peace settlement, including free and fair elections;

b. to assist the movement of organizations in the accomplishment of humanitarian missions;

c. to assist the UNHCR and other international organizations in their humanitarian missions;

d. to observe and prevent interference with the movement of civilian populations, refugees, and displaced persons, and to respond appropriately to deliberate violence to life and person; and,

e. to monitor the clearing of minefields and obstacles.

4. The Parties understand and agree that further directives from the NAC may establish additional duties and responsibilities for the IFOR in implementing this Annex.

5. The Parties understand and agree that the IFOR Commander shall have the authority, without interference or permission of any Party, to do all that the Commander judges necessary and proper, including the use of military force, to protect the IFOR and to carry out the responsibilities listed above in paragraphs 2, 3 and 4, and they shall comply in all respects with the IFOR requirements.

6. The Parties understand and agree that in carrying out its responsibilities, the IFOR shall have the unimpeded right to observe, monitor, and inspect any Forces, facility or activity in Bosnia and Herzegovina that the IFOR believes may have military capability. The refusal, interference, or denial by any Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance with this Annex.

7. The Army of the Republic of Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of Republika Srpska shall establish Command Posts at IFOR brigade, battalion, or other levels which shall be co-located with specific IFOR command Vocations, as determined by the IFOR Commander. These Command Posts shall exercise command and control over all Forces of their respective sides which are located within ten (10) kilometers of the Agreed Cease-Fire Line or Inter-Entity Boundary Line, as specified by the IFOR. The Command Posts shall provide, at the request of the IFOR, timely status reports on organizations and troop levels in their areas.

8. In addition to co-located Command Posts, the Army of the Republic of Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of Republika Srpska shall maintain liaison teams to be co-located with the IFOR Command, as determined by the IFOR Commander, for the purpose of fostering communication, and preserving the overall cessation of hostilities.

9. Air and surface movements in Bosnia and Herzegovina shall be governed by the following provisions:

a. The IFOR shall have complete and unimpeded freedom of movement by ground, air, and water throughout Bosnia and Herzegovina. It shall have the right to bivouac, maneuver, billet, and utilize any areas or facilities to carry out its responsibilities as required for its support, training, and operations, with such advance notice as may be practicable. The IFOR and its personnel shall not be liable for any damages to civilian or government property caused by combat or combat related activities. Roadblocks, checkpoints or other impediments to IFOR freedom of movement shall constitute a breach of this Annex and the violating Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance with this Annex.

b. The IFOR Commander shall have sole authority to establish rules and procedures governing command and control of airspace over Bosnia and Herzegovina to enable civilian air traffic and non-combat air activities by the military or civilian authorities in Bosnia and Herzegovina, or if necessary to terminate civilian air traffic and non-combat air activities.

(1.) The Parties understand and agree there shall be no military air traffic, or non-military aircraft performing military missions, including reconnaissance or logistics, without the express permission of the IFOR Commander. The only military aircraft that may be authorized to fly in Bosnia and Herzegovina are those being flown in support of the IFOR, except with the express permission of the IFOR. Any flight activities by military fixed-wing or helicopter aircraft within Bosnia and Herzegovina without the express permission of the IFOR Commander are subject to military action by the IFOR, including the use of necessary force to ensure compliance.

(2.) All air early warning, air defense, or fire control radars shall be shut down within 72 hours after this Annex enters into force, and shall remain inactive unless authorized by the IFOR Commander. Any use of air traffic, air early warning, air defense or fire control radars not authorized by the IFOR Commander shall constitute a breach of this Annex and the violating Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance.

(3.) The Parties understand and agree that the IFOR Commander will implement the transfer to civilian control of air space over Bosnia and Herzegovina to the appropriate institutions of Bosnia and Herzegovina in a gradual fashion consistent with the objective of the IFOR to ensure smooth and safe operation of an air traffic system upon IFOR departure.

c.The IFOR Commander is authorized to promulgate appropriate rules for the control and regulation of surface military traffic throughout Bosnia and Herzegovina, including the movement of the Forces of the Parties. The Joint Military Commission referred to in Article VIII may assist in the development and promulgation of rules related to military movement.

10. The IFOR shall have the right to utilize such means and services as required to ensure its full ability to communicate and shall have the right to the unrestricted use of all of the electromagnetic spectrum for this purpose. In implementing this right, the IFOR shall make every reasonable effort to coordinate with and take into account the needs and requirements of the appropriate authorities.

11. All Parties shall accord the IFOR and its personnel the assistance, privileges, and immunities set forth at Appendix B of this Annex, including the unimpeded transit through, to, over and on the territory of all Parties.

12. All Parties shall accord any military elements as referred to in Article I, paragraph l(c) and their personnel the assistance, privileges and immunities referred to in Article VI, paragraph 11.

Article VII: Withdrawal of UNPROFOR

It is noted that as a consequence of the forthcoming introduction of the IFOR into the Republic of Bosnia and Herzegovina, the conditions for the withdrawal of the UNPROFOR established by United Nations Security Council Resolution 743 have been met. It is requested that the United Nations, in consultation with NATO, take all necessary steps to withdraw the UNPROFOR from Bosnia and Herzegovina, except those parts incorporated into the IFOR.

Implementation History

1995

Intermediate Implementation

On 15 December 1995, UN Security Council authorized the deployment of the NATO-led Implementation Force (IFOR) in Resolution 1031.1 IFOR was deployed in Bosnia and Herzegovina (BiH) in December 1995 with a one-year mandate. The resolution authorized a deployment of 60,000 troops in Bosnia and Herzegovina to implement peace.2 Eighteen non-NATO countries, including Russia, former members of the Warsaw Pact, and the Arab League, contributed troops to the IFOR.3 “This gave it a mandate not just to maintain peace, but also, where necessary, to enforce it.”  The main aim of IFOR was to oversee the implementation of the military aspects of the Dayton Accord. Its main task was to guarantee the end of hostilities and separate the fighting forces of the Bosnian Serbs, Bosnian Croats, and Bosnian Muslims.4

As mandated in the Dayton Accord, the mandate of the United Nations Protection Force (UNPROFOR) was terminated on 20 December 1995, leading to the deployment of IFOR. UN Security Council Resolution 1035 of 21 December 1995 transferred the peacekeeping mandate from the UN to the NATO-led IFOR.

  • 1. “Report of the Secretary-General Pursuant to Security Council Resolution 1026,” U.N. Security Council (S/1995/1031), December 13, 1995.
  • 2. “SFOR Fact Sheet - SFOR Restructuring,” Stabilization Force (SFOR), 2004, accessed April 19, 2011, http://www.nato.int/sfor/factsheet/restruct/t040121a.htm.
  • 3. Lawrence Kaplan, NATO Divided, NATO United: The Evolution of an Alliance, (Westport, CT: Praeger, 2004), 121.
  • 4. “Peace support operations in Bosnia and Herzegovina,” North Atlantic Treaty Organization (NATO), accessed April 19, 2011, http://www.nato.int/cps/en/natolive/topics_52122.htm.
1996

Full Implementation

Once IFOR was deployed on the ground, it “oversaw the transfer of territory between the Federation of Bosnia and Herzegovina and Republika Srpska, the demarcation of the inter-entity boundary, and the removal of heavy weapons into approved containment sites. “As the situation on the ground improved, IFOR began providing support to organizations involved in overseeing the implementation of the civilian aspects of the Dayton Peace Agreement, including the Office of the High Representative, the Organization for Security and Co-operation in Europe and the United Nations.”5 Once post-conflict elections were completed in September 1996, IFOR’s goals were realized in Bosnia and Herzegovina. Because the situation was still unstable, NATO agreed to deploy a new Stabilization Force (SFOR) in December 1996. SFOR operated under Chapter VII of the UN Charter, deriving its authority from the UN Security Council Resolution 1088 of 12 December 1996. The main aim of SFOR was to contribute to a safe and secure environment for the post-conflict reconstruction.

  • 5. “Peace support operations in Bosnia and Herzegovina.”
1997

Full Implementation

SFOR was a multinational task force engaged in various activities, including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.6 Throughout the year, SFOR was engaged in these various activities. SFOR originally was comprised of 31,000 troops.7

  • 6. “Peace support operations in Bosnia and Herzegovina.”
  • 7. “SFOR Fact Sheet - SFOR Restructuring.”
1998

Full Implementation

SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.8 Throughout the year, SFOR was engaged in these various activities.

  • 8. “Peace support operations in Bosnia and Herzegovina.”
1999

Full Implementation

SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.9 Throughout the year, SFOR was engaged in these various activities.

  • 9. “Peace support operations in Bosnia and Herzegovina.”
2000

Full Implementation

SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.10 Throughout the year, SFOR was engaged in these various activities.

  • 10. “Peace support operations in Bosnia and Herzegovina.”
2001

Full Implementation

SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.11 Throughout the year, SFOR was engaged in these various activities. By early 2001, it had been reduced to 19,000 troops.12

  • 11. "Peace support operations in Bosnia and Herzegovina."
  • 12. "SFOR Fact Sheet, SFOR Restructuring."
2002

Full Implementation

SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.13 Throughout the year, SFOR was engaged in these various activities. In spring of 2002, the decision was made to reduce troops to 12,000 by the end of the year.14

  • 13. "Peace support operations in Bosnia and Herzegovina."
  • 14. "SFOR Fact Sheet, SFOR Restructuring."
2003

Full Implementation

SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.15 Throughout the year, SFOR was engaged in these various activities.

  • 15. "Peace support operations in Bosnia and Herzegovina."
2004

Full Implementation

SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.16 Throughout the year, SFOR was engaged in these various activities. By 2004, SFOR had 7,000 troops on the ground.17 On 2 December 2004, the European Union (EU) launched the EU-led military operation EUFOR replacing SFOR. The operation was a part of the Common Security and Defence Policy in support of BiH. The operation was recognized as the legal successor of SFOR. EUFOR deployed 7,000 troops with the aim of contributing to a safe and secure environment, reducing conditions that would lead to the resumption of violence, and managing any residual aspects of the General Framework Agreement for Peace in BiH.18

2005

Full Implementation

EUFOR was deployed in BiH. Its mandate was extended by UN Security Council Resolution 1948 (2010) to November 2011. As of mid-2011, about 1,600 EUFOR troops from 21 EU member states and 5 non-EU nations were on the ground.19

  • 19. “EUFOR Fact Sheet.”