United Nations

A/RES/48/88


General Assembly

Distr. GENERAL  

20 December 1993

ORIGINAL:
ENGLISH



                                                 A/RES/48/88
                                                 84th plenary meeting
                                                 20 December 1993
 
                    The situation in Bosnia and Herzegovina
 
      The General Assembly,
 
      Reaffirming its resolutions 46/242 of 25 August 1992 and 47/121 of 18
December 1992 and all relevant resolutions of the Security Council regarding
the situation in the Republic of Bosnia and Herzegovina,
 
      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,
 
      Gravely concerned that the unprovoked armed hostilities and aggression
continue against the Republic of Bosnia and Herzegovina and that the relevant
resolutions of the Security Council remain unimplemented,
 
      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",
 
      Condemning the continuing hostilities by the Bosnian Serbs, particularly
their abhorrent policy of "ethnic cleansing",
 
      Alarmed at extremist Bosnian Croat military elements for their
aggressive acts against the Republic of Bosnia and Herzegovina,
 
      Alarmed also at the collusion between Serbian forces and extremist
Bosnian Croat elements and others to seek the dismemberment of the Republic of
Bosnia and Herzegovina, in clear violation of the principles of the Charter of
the United Nations and in total disregard of the relevant resolutions of the
General Assembly and those of the Security Council,
 
      Deploring the non-compliance with the relevant Security Council
resolutions, especially by the Bosnian Serb party,
 
      Recalling the principles enunciated in its resolutions and the relevant
resolutions of the Security Council, as well as those adopted by the
International Conference on the Former Yugoslavia,
 
      Reaffirming its determination to have the Republic of Bosnia and
Herzegovina maintain its independence, unity and territorial integrity, and
noting, in accordance with Article 24 of the Charter, the responsibility of
the Security Council in that regard,
 
      Also reaffirming its determination to prevent acts of genocide and
crimes against humanity,
 
      Reaffirming once again its total and complete rejection of the
acquisition of territory through the use of force and the abhorrent practice
of "ethnic cleansing",
 
      Stressing that the continuation of aggression in Bosnia and Herzegovina
is a serious impediment to the peace process,
 
      Bearing in mind the obligation of all States to act in conformity with
the principles and purposes of the Charter,
 
      Stressing also that the full implementation of Security Council
resolutions concerning the United Nations Protected Areas in the territory of
the Republic of Croatia is of significant importance for the security,
territorial integrity and stability of the Republic of Bosnia and Herzegovina,
 
      Noting that the International Court of Justice in its Order of 13
September 1993 in the case concerning 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 commission of the crime of genocide",
 
      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
...  immediate and effective implementation of those 
measures",
 
      Commending the work of the Commission of Experts established pursuant to
Security Council resolution 780 (1992) of 6 October 1992 and noting with
interest the first and second interim reports of the Commission of Experts,
 
      Expressing its concern about the continuing siege of Sarajevo and other
Bosnian cities and of "safe areas", which endangers the well-being and safety
of their inhabitants,
 
      Aware, in the context of the character of Sarajevo as a multicultural,
multi-ethnic and multireligious centre, of the need to preserve its plurality
and avoid its further destruction,
 
      Conscious that the grave situation in the Republic of Bosnia and
Herzegovina continues to be a threat to international peace and security,
 
      1.    Reaffirms the principles enunciated in its resolutions and the
relevant resolutions of the Security Council and those adopted by the
International Conference on the Former Yugoslavia pertaining to the Republic
of Bosnia and Herzegovina;
 
      2.    Demands that all parties implement immediately, and scrupulously
maintain in good faith, a cease-fire and agree to cease all hostilities
throughout the Republic of Bosnia and Herzegovina, in order to create an
atmosphere conducive to the resumption of peace negotiations within the
framework of the International Conference on the Former Yugoslavia;
 
      3.    Reaffirms that the consequences of "ethnic cleansing" will not be
accepted by the international community and that those who have seized land by
"ethnic cleansing" and by the use of force must relinquish those lands, in
conformity with norms of international law;
 
      4.    Condemns the continued violation of the international border
between the Republic of Bosnia and Herzegovina and the Republic of Croatia by
Serbian forces, and thereby requests the Security Council to take all
necessary measures in implementation of its resolution 769 (1992) of 7 August
1992;
 
      5.    Requests the Security Council to follow and immediately implement
its resolution 838 (1993) of 10 June 1993 to ensure that the Federal Republic
of Yugoslavia (Serbia and Montenegro) immediately cease the supply of military
arms, equipment and services to Bosnian Serb paramilitary units, as demanded
in its resolution 819 (1993) of 16 April 1993;
 
      6.    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";
 
      7.    Also demands that, as a means of bringing about the cessation of
hostilities and to facilitate delivery of humanitarian assistance, in
accordance with paragraphs 5 and 9 of Security Council resolution 836 (1993)
of 4 June 1993, the Bosnian Serb party withdraw all its heavy weaponry and
forces to areas outside the city of Sarajevo and other "safe areas" to a
distance where they cease to constitute a menace to their security and that of
their inhabitants, and where they are to be monitored by United Nations
military observers, and urges all parties to agree to implement further
confidence-building measures;
 
      8.    Reaffirms once again the right of all refugees and displaced
persons to return voluntarily to their homes in safety and dignity;
 
      9.    Commends the ongoing efforts of the Office of the United Nations
High Commissioner for Refugees, the United Nations Protection Force and other
international humanitarian agencies, and notes with the utmost appreciation
those individuals who have shown exemplary bravery and courage and those who
have made the ultimate sacrifice in carrying out their duties;
 
      10.   Urges the Office of the United Nations High Commissioner for
Refugees, as part of its humanitarian assistance programme, to provide
appropriate assistance to facilitate cultural exchanges between Sarajevo and
the international community and to facilitate the delivery and installation of
a reliable communication system in Sarajevo for the use of the civilian
population;
 
      11.   Urges the Secretary-General to take immediate action to reopen
Tuzla airport in order to facilitate the receipt and distribution of
international humanitarian aid, consistent with the provisions of Security
Council resolution 770 (1992) of 13 August 1992;
 
      12.   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";
 
      13.   Commends all States, and 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 of
Yugoslavia (Serbia and Montenegro), and urges all States to continue their
vigilant enforcement of those sanctions measures;
 
      14.   Condemns vigorously the violations of the human rights of the
Bosnian people and of international humanitarian law committed by parties to
the conflict, especially those violations committed as policy, flagrantly and
on a massive scale, by Serbia and Montenegro and the Bosnian Serbs;
 
      15.   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;
 
      16.   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;
 
      17.   Also urges the Security Council to give all due consideration, on
an urgent basis, to exempt the Republic of Bosnia and Herzegovina from the
arms embargo as imposed on the former Yugoslavia under Security Council
resolution 713 (1991) of 25 September 1991;
 
      18.   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 Chapter VII of the
Charter; 
 
      19.   Reaffirms its resolution 47/1 of 22 September 1992, and urges
Member States and the Secretariat in fulfilling the spirit of that resolution,
to end the de facto working status of Serbia and Montenegro;
 
      20.   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;
 
      21.   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
those camps;
 
      22.   Expresses its appreciation to those States and international
institutions which have provided humanitarian assistance to the people of the
Republic of Bosnia and Herzegovina, and appeals to all Member States to
contribute generously towards alleviating their sufferings, including
assistance to refugee centres for Bosnian refugees in other countries;
 
      23.   Further affirms individual responsibility for the perpetration of
crimes against humanity committed in the Republic of Bosnia and Herzegovina;
 
      24.   Welcomes the establishment of the International Tribunal
constituted pursuant to Security Council resolution 827 (1993) of 25 May 1993
and encourages the provision of all resources necessary, including voluntary
contributions from States and intergovernmental and non-governmental
organizations, so that it can conduct its stipulated functions of trying and
punishing those responsible for the perpetration of violations of
international law;
 
      25.   Encourages the Commission of Experts, subject to the provisions of
Security Council resolution 827 (1993) and in cooperation with the Prosecutor
of the International Tribunal on the former Yugoslavia, to facilitate the work
of the International Tribunal, including the establishment of a record of
violations such as ethnic cleansing and systematic rape;
 
      26.   Requests the Secretary-General to provide the necessary resources
and support for the Commission to carry out its functions;
 
      27.   Calls upon the Security Council to ensure that the proposals
contained in the "Geneva peace package" are in conformity with the Charter of
the United Nations, the principles of international law, previous resolutions
of the General Assembly and those adopted by the Security Council, and the
principles adopted at the International Conference on the Former Yugoslavia;
 
      28.   Calls for the urgent reconvening of the International Conference
on the Former Yugoslavia in order to arrive at just and equitable proposals
for lasting peace in the Republic of Bosnia and Herzegovina, and calls upon
the parties to the conflict to show good faith as they continue to negotiate
in order to reach a just, equitable and durable solution;
 
      29.   Requests the Secretary-General to submit a report on the
implementation of the present resolution within 15 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;
 
      30.   Decides to remain seized of the matter and to continue the
consideration of this item.