United Nations

A/RES/49/10


General Assembly

Distr. GENERAL  

3 November 1994

ORIGINAL:
ENGLISH



                                             A/RES/49/10
                                             51st plenary meeting
                                             3 November 1994
 
          49/10. The situation in Bosnia and Herzegovina
 
     The General Assembly,
 
     Reaffirming its resolutions 46/242 of 25 August 1992, 47/121 of 18
December 1992 and 48/88 of 20 December 1993, and recalling all relevant
resolutions of the Security Council regarding the situation in the Republic of
Bosnia and Herzegovina, as well as the principles enunciated by the
International Conference on the Former Yugoslavia,
 
     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,
 
     Stressing that the armed hostilities and continued aggression against
Bosnia and Herzegovina constitute a threat to international peace and security
and are a serious impediment to the peace process, and noting in that context
that the relevant resolutions of the Security Council remain unimplemented,
 
     Reaffirming the relevant principles of the Charter and the principle of
the inadmissibility of the acquisition of territory through the use of force,
as well as the obligation of all States to act in conformity with the purposes
and principles of the Charter,
 
     Commending the ongoing efforts of the Bosniac and Croat parties in Bosnia
and Herzegovina for working towards rapid and complete implementation of the
Washington agreements on the Federation of Bosnia and Herzegovina, and affirms
that those agreements should be considered as a model for the overall solution
to the crisis in Bosnia and Herzegovina and relations among all the parties,
 
     Endorsing the peace proposal of the Contact Group as outlined by the
communique of Foreign Ministers of 30 July 1994, including the decisions taken
by the Contact Group regarding further actions in the event of a rejection of
the proposed peace plan,
 
     Welcoming the decision of the Government of the Republic and the
Federation of Bosnia and Herzegovina to accept the peace plan,
 
     Noting the offer of the Government of the Republic of Bosnia and
Herzegovina to seek de jure lifting of the arms embargo with effective
application deferred for up to six months or as may be further deferred by the
Security Council, especially in view of an acceptance and implementation of
the Contact Group's peace plan by the Bosnian Serbs,
 
     Encouraging the Secretary-General to continue planning for the orderly
and safe redeployment of the United Nations Protection Force personnel in
Bosnia and Herzegovina if such might become necessary,
 
     Condemning the Bosnian Serb party for its non-compliance with the
relevant resolutions of the Security Council, as well as its rejection of the
proposed peace plan of the Contact Group,
 
     Stressing the importance of full implementation of Security Council
decisions on safe areas, and in this context welcoming the cooperation between
the United Nations Protection Force and other relevant regional security
organizations,
 
     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",
 
     Reaffirming its determination to prevent acts of genocide and crimes
against humanity and other violations of international humanitarian law,
 
     Gravely concerned at the persistent and systematic campaign of ethnic
cleansing, involving murder, rape, torture and other inhumane treatment,
perpetrated by the Bosnian Serb forces in Banja Luka, Bijeljina and other
areas of Bosnia and Herzegovina under their control, and emphasizing that
these practices, as described in the reports of the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in the territory
of the former Yugoslavia, constitute clear violations of international
humanitarian law, including the Geneva Conventions of 12 August 1949 and
Additional Protocols thereto, of 1977, and pose a serious threat to the peace
effort,
 
     Commending the work conducted by the Commission of Experts established
pursuant to Security Council resolution 780 (1992) of 6 October 1992,
 
     Welcoming the establishment by the Security Council of the International
Tribunal for the Prosecution of Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the Territory of the Former
Yugoslavia since 1991, and calling upon all States to cooperate fully with the
work of the Tribunal,
 
     Noting that the International Court of Justice, in its Order of 13
September 1993 in the case concerning the 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 the 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 ... the immediate and effective implementation of those provisional
measures",
 
     Stressing the importance of efforts to restore peace in the entire
territory of the Republic of Bosnia and Herzegovina as well as to preserve its
territorial integrity within the internationally recognized borders,
consistent with relevant Security Council resolutions, and emphasizing that
the occupied parts of the Republic are an integral part of its territory,
 
     Alarmed and concerned by the fact that the ongoing situation in the
Serbian-controlled parts of Bosnia and Herzegovina is de facto allowing and
promoting a state of occupation of these parts of the sovereign Republic of
Bosnia and Herzegovina,
 
     Emphasizing that the Serbian-controlled parts of Bosnia and Herzegovina
must be reintegrated into the rest of the country, consistent with the peace
proposal of the Contact Group, under the close supervision of the
international community,
 
     Expressing its concern about the recently intensified siege of Sarajevo
and other Bosnian cities and safe areas, which endangers the well-being and
safety of their inhabitants,
 
     Reaffirming the character of Sarajevo as a multicultural, multi-ethnic
and multi-religious centre, and the need to preserve its plurality and avoid
its further destruction,
 
     Emphasizing the importance of the work of the United Nations Special
Coordinator for Sarajevo towards its restoration and the overall
reconstruction of the Republic of Bosnia and Herzegovina, and calling upon all
States to facilitate these efforts,
 
     Conscious that the grave situation in Bosnia and Herzegovina continues to
be a threat to international peace and security,
 
     1.   Strongly condemns the Bosnian Serb party for its refusal to accept
the proposed territorial settlement, and demands that it immediately accept
this settlement unconditionally and in full;
 
     2.   Commends the tireless efforts of the United Nations Protection
Force, the Office of the United Nations High Commissioner for Refugees and
other related agencies, and notes with the utmost appreciation all the
individuals who have shown exemplary bravery and courage, those who have made
the ultimate sacrifice in carrying out their commitments, and all those who
continue to perform their duties faithfully;
 
     3.   Urges all parties to cooperate fully with the United Nations
Protection Force in implementing its mandates, in particular those related to
safe areas;
 
     4.   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;
 
     5.   Condemns the continuing military activities of the Bosnian Serbs
against the territory of the Republic of Croatia and their actions in
cooperation with the Serb paramilitary units from the occupied territories of
Croatia in launching coordinated attacks against the territory of the Republic
of Bosnia and Herzegovina, and demands the immediate cessation of all such
activities;
 
     6.   Strongly condemns the Serbian self-proclaimed authorities in the
Serbian-controlled territories of Bosnia and Herzegovina for their actions in
pursuit of the ethnic cleansing of those areas as a matter of policy;
 
     7.   Reaffirms its support for the principle that all statements and
commitments made under duress, particularly those regarding land and property,
are wholly null and void;
 
     8.   Reaffirms that the consequences of ethnic cleansing shall not be
accepted by the international community and that those who have seized land
and other property by ethnic cleansing and by the use of force must relinquish
those lands, in conformity with norms of international law;
 
     9.   Reaffirms once again the right of refugees and displaced persons
from the areas of conflict in the territory of the former Yugoslavia to return
voluntarily to their homes in safety and dignity, and therefore requests the
Office of the United Nations High Commissioner for Refugees and other relevant
United Nations bodies to facilitate their return;
 
     10.  Urges the Office of the High Commissioner, as part of its
humanitarian assistance programme, to provide appropriate assistance to
facilitate cultural exchanges between Sarajevo and other parts of Bosnia and
Herzegovina and the international community and to facilitate the delivery and
installation of a reliable communications system in Sarajevo for the use of
the civilian population;
 
     11.  Condemns vigorously all violations of human rights and international
humanitarian law committed by parties to the conflict, especially those
violations committed as policy by Serbia and Montenegro and the Bosnian Serbs,
who have done so systematically, flagrantly and on a massive scale against the
people of Bosnia and Herzegovina;
 
     12.  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;
 
     13.  Demands that the Federal Republic of Yugoslavia (Serbia and
Montenegro) uphold its commitment and obligation to comply with relevant
Security Council resolutions, including resolution 752 (1992) of 15 May 1992,
and to cease any military and logistic support to the Bosnian Serbs, and
supports the decision of the Council to terminate automatically the partial
suspension of sanctions in the event that the Federal Republic is found not to
implement effectively its decision to close the border between the Republic of
Bosnia and Herzegovina and the Federal Republic in accordance with Council
resolution 943 (1994) of 23 September 1994;
 
     14.  Calls for mutual recognition between the Republic of Bosnia and
Herzegovina and the Federal Republic of Yugoslavia (Serbia and Montenegro)
within their existing internationally recognized borders as a critical step
towards a lasting peace settlement;
 
     15.  Calls upon all parties, in particular the Federal Republic of
Yugoslavia (Serbia and Montenegro), to comply fully with all Security Council
resolutions regarding the situation in the Republic of Bosnia and Herzegovina
and strictly to respect its territorial integrity, and in this regard
concludes that their activities aimed at achieving integration of the occupied
territories of Bosnia and Herzegovina into the administrative, military,
educational, transportation and communication systems of the Federal Republic
leading to a de facto state of occupation are illegal, null and void, and must
cease immediately;
 
     16.  Expresses its appreciation for the efforts of the United Nations
Protection Force to help create the conditions conducive to the rapid and
complete implementation of the Washington agreements on the Federation of
Bosnia and Herzegovina, and encourages the international community, acting
through the United Nations and other international organizations and
bilaterally, to enhance its support for the Governments of the Republic and of
the Federation of Bosnia and Herzegovina;
 
     17.  Notes with deep concern the failure to open the Tuzla airport as
called for in numerous resolutions and once again urges the Secretary-General
to take immediate action to reopen it, aware of the importance of that airport
in facilitating the receipt and distribution of international humanitarian
aid, consistent with the provisions of Security Council resolution 770 (1992)
of 13 August 1992;
 
     18.  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;
 
     19.  Condemns activities by any of the parties or others concerned in
contravention of paragraph 12 of Security Council resolution 820 (1993) of 17
April 1993, and demands full compliance with that provision;
 
     20.  Commends all States, 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, and
urges all States to continue their vigilant enforcement of these sanctions
measures;
 
     21.  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;
 
     22.  Encourages the Security Council to give all due consideration and
exempt the Governments of the Republic and and of Federation of Bosnia and
Herzegovina from the embargo on deliveries of weapons and military equipment
originally imposed by the Council in resolution 713 (1991) of 25 September
1991 and as further outlined in the eighth preambular paragraph of the present
resolution;
 
     23.  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 the Charter;
 
     24.  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
these camps;
 
     25.  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;
 
     26.  Further affirms individual responsibility for the perpetration of
crimes against humanity and other serious violations of international
humanitarian law committed in Bosnia and Herzegovina;
 
     27.  Welcomes the fact that delays which have hampered the work of the
International Tribunal for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed in the Territory of the
Former Yugoslavia since 1991 have been removed and looks forward to a speedy
assumption of the judiciary process free of interference and delays, and in
this context encourages the provision of all resources necessary, including
full funding as well as voluntary contributions from States and
intergovernmental and non-governmental organizations, in accordance with the
above-stated principle of non-interference, so that the Tribunal can conduct
without any further delay its stipulated functions of trying and punishing
those responsible for the perpetration of violations of international law;
 
     28.  Requests the Secretary-General to submit a report on the
implementation of the present resolution within thirty 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;
 
     29.  Decides to remain seized of the matter and to continue the
consideration of this item.