Memorandum of Understanding (Geneva)

Country/entity
Croatia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Memorandum of Understanding (Geneva)
Date
27 Nov 1991
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Pre-negotiation/process
Conflict nature
Government/territory
Peace process
Croatia negotiation process
Parties
H.E. Mr. Radisa Gacic, Federal Secretary for Labour, Health, Veteran Affairs and Social Policy
Lt. General Vladimir Vojvodic, Director General, Medical Service of the Yugoslav People’s Army
Mr. Sergej Morsan, Assistant to the Minister of Foreign Affairs, Republic of Croatia
Prim. Dr. I. Prodan, Commander of Medical Headquarters of Ministry of Health, Republic of Croatia
Prof. Dr. Ivica Kostovic, Head of Division for information of Medical Headquarters, Ministry of Health, Republic of Croatia
Dr. N. Mitrovic, Minister of Health, Republic of Serbia
Third parties
Mr. Claudio Caratsch, Vice-President of the ICRC
Mr. Jean de Courten, Director of Operations, Member of the Executive Board of the ICRC
Mr. Thierry Germond, Delegate General for Europe (Chairman of the above-mentioned meeting)
Mr. Francis Amar, Deputy Delegate General for Europe
Mr. François Bugnion, Deputy Director of Principles, Law and Relations with Movement
Mr. Thierry Meyrat, Head of Mission, ICRC Belgrade
Mr. Pierre-André Conod, Deputy Head of Mission, ICRC Zagreb
Mr. Jean-François Berger, Taskforce Yugoslavia
Mr. Vincent Lusser, Taskforce Yugoslavia
Mr. Marco Sassòli, Member of the Legal Division
Mrs. Cristina Piazza, Member of the Legal Division
Dr. Rémy Russbach, Head of the Medical Division
Dr. Jean-Claude Mulli, Deputy Head of the Medical Division
Mr. Jean-David Chappuis, Head of the Central Tracing Agency
Description
This agreement was signed in Geneva at the invitation of the International Committee of the Red Cross. The parties agree to act according to humanitarian principles and within the jurisdiction of International Humanitarian Law.


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons

No specific mention.

Social class

No specific mention.


Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)

No specific mention.

State configuration

No specific mention.

Self determination

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation

No specific mention.

Cross-border provision

No specific mention.


Governance

Political institutions (new or reformed)

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society
Page 2, (8) TRACING OF MISSING PERSONS
The parties agree to set up a Joint Commission to trace missing persons; the Joint Commission will be made up of representatives of the parties concerned, all Red Cross organizations concerned and in particular the Yugoslav Red Cross, the Croatian Red Cross and the Serbian Red Cross with ICRC participation.

Page 2, (9) ASSISTANCE TO THE CIVILIAN POPULATION, [2]
They shall consent to and cooperate with operations to provide the civilian population with exclusively humanitarian, impartial and non-discriminatory assistance. All facilities will be given in particular to the ICRC.

Page 2, (10) RED CROSS EMBLEM, [1]
The parties undertake to comply with the rules relating to the use of the Red Cross emblem. In particular, they shall ensure that these rules are observed by all persons under their authority.

Page 2, (10) RED CROSS EMBLEM, [2]
The parties shall repress any misuse of the emblem and any attack on persons or property under its protection.

Page 2, (11) FORWARDING OF ALLEGATIONS, [1]
The parties may forward to the ICRC any allegations of violations of international humanitarian law, with sufficient details to enable the party reportedly responsible to open an enquiry.

Page 2, (11) FORWARDING OF ALLEGATIONS, [2]
The ICRC will not inform the other party of such allegations if they are expressed in abusive terms of if they are made public. Each party undertakes, when it is officially informed of such an allegation made or forwarded by the ICRC, to open an enquiry promptly and pursue it conscientiously, and to take the necessary steps to put an end to the alleged violations or prevent their recurrence and to punish those responsible in accordance with the law in force.

Page 3, (12) REQUEST FOR AN ENQUIRY, [1]
Should the ICRC be asked to institute an enquiry, it may use its good offices to set up a commission of enquiry outside the institution and in accordance with its principles.

Page 3, (12) REQUEST FOR AN ENQUIRY, [2]
The ICRC will take part in the establishment of such a commission only by virtue of a general agreement or an ad hoc agreement with all the parties concerned.

Page 3, (13) DISSEMINATION
The parties undertake to spread knowledge of and promote respect for the principles and rules of international humanitarian law and the terms of the present agreement, especially among combatants. This shall be done in particular: by providing appropriate instruction on the rules of international humanitarian law to all units under their command, control or political influence, and to paramilitary or irregular units not formally under their command, control or political influence; by facilitating the dissemination of ICRC appeals urging respect for international humanitarian law; via articles in the press, and radio and television programmes prepared also in cooperation with the ICRC and broadcast simultaneously; by distributing ICRC publications.
Traditional/religious leaders

No specific mention.

Public administration

No specific mention.

Constitution

No specific mention.


Power sharing

Political power sharing

No specific mention.

Territorial power sharing

No specific mention.

Economic power sharing

No specific mention.

Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general

No specific mention.

Bill of rights/similar

No specific mention.

Treaty incorporation
Page 1, (1) WOUNDED AND SICK
All wounded and sick on land shall be treated in accordance with the provisions of the First Geneva Convention of August 12, 1949.

Page 1, (2) WOUNDED, SICK AND SHIPWRECKED AT SEA
All wounded, sick and shipwrecked at sea shall be treated in accordance with the provisions of the Second Geneva Convention of August 12, 1949.

Page 1, (3) CAPTURED COMBATANTS
Captured combatants shall enjoy the treatment provided for by the Third Geneva Convention of August 12, 1949.

Page 2, (4) CIVILIANS IN THE POWER OF THE ADVERSE PARTY, [1]
Civilians who are in the power of the adverse party and who are deprived of their liberty for reasons related to the armed conflict shall benefit from the rules relating to the treatment of internees laid down in the Fourth Geneva Convention of August 12, 1949 (Articles 79 to 149).

Page 2, (4) CIVILIANS IN THE POWER OF THE ADVERSE PARTY, [2]
All civilians shall be treated in accordance with Articles 72 to 79 of Additional Protocol I.

Page 2, PROTECTION OF THE CIVILIAN POPULATION AGAINST CERTAIN CONSEQUENCES OF HOSTILITIES
The civilian population is protected by Articles 13 to 26 of the Fourth Geneva Convention of August 12, 1949.

Page 2, (6) CONDUCT OF HOSTILITIES
Hostilities shall be conducted in accordance with Article 35 to 42 and Articles 48 to 58 of Additional Protocol I, and the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices annexed to the 1980 Weapons Convention.

Page 2, (11) FORWARDING OF ALLEGATIONS, [1]
The parties may forward to the ICRC any allegations of violations of international humanitarian law, with sufficient details to enable the party reportedly responsible to open an enquiry.

Page 2, (11) FORWARDING OF ALLEGATIONS, [2]
The ICRC will not inform the other party of such allegations if they are expressed in abusive terms of if they are made public. Each party undertakes, when it is officially informed of such an allegation made or forwarded by the ICRC, to open an enquiry promptly and pursue it conscientiously, and to take the necessary steps to put an end to the alleged violations or prevent their recurrence and to punish those responsible in accordance with the law in force.

Page 3, (12) REQUEST FOR AN ENQUIRY, [1]
Should the ICRC be asked to institute an enquiry, it may use its good offices to set up a commission of enquiry outside the institution and in accordance with its principles.

Page 3, (12) REQUEST FOR AN ENQUIRY, [2]
The ICRC will take part in the establishment of such a commission only by virtue of a general agreement or an ad hoc agreement with all the parties concerned.

Page 3, (13) DISSEMINATION
The parties undertake to spread knowledge of and promote respect for the principles and rules of international humanitarian law and the terms of the present agreement, especially among combatants. This shall be done in particular: by providing appropriate instruction on the rules of international humanitarian law to all units under their command, control or political influence, and to paramilitary or irregular units not formally under their command, control or political influence; by facilitating the dissemination of ICRC appeals urging respect for international humanitarian law; via articles in the press, and radio and television programmes prepared also in cooperation with the ICRC and broadcast simultaneously; by distributing ICRC publications.

Page 3, (14) GENERAL PROVISIONS, [1]
The parties will respect the provisions of the Geneva Conventions and will ensure that any paramilitary or irregular units not formally under their command, control or political influence respect the present agreement.

Page 3, (14) GENERAL PROVISIONS, [2]
The application of the preceding provisions shall not affect the legal status of the parties to the conflict.
Civil and political rights

No specific mention.

Socio-economic rights

No specific mention.


Rights related issues

Citizenship

No specific mention.

Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication
Rights related issues→Media and communication→Media roles
Page 3, (13) DISSEMINATION
The parties undertake to spread knowledge of and promote respect for the principles and rules of international humanitarian law and the terms of the present agreement, especially among combatants. This shall be done in particular: by providing appropriate instruction on the rules of international humanitarian law to all units under their command, control or political influence, and to paramilitary or irregular units not formally under their command, control or political influence; by facilitating the dissemination of ICRC appeals urging respect for international humanitarian law; via articles in the press, and radio and television programmes prepared also in cooperation with the ICRC and broadcast simultaneously; by distributing ICRC publications.
Mobility/access
Page 2, (9) ASSISTANCE TO THE CIVILIAN POPULATION, [1]
The parties shall allow the free passage of all consignments of medicines and medical supplies, essential foodstuffs and clothing which are destined exclusively for the other party’s civilian population, it being understood that both parties are entitled to verify that the consignments are not diverted from their destination.
Protection measures

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention
Page 2, (4) CIVILIANS IN THE POWER OF THE ADVERSE PARTY, [1]
Civilians who are in the power of the adverse party and who are deprived of their liberty for reasons related to the armed conflict shall benefit from the rules relating to the treatment of internees laid down in the Fourth Geneva Convention of August 12, 1949 (Articles 79 to 149).
Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2, (9) ASSISTANCE TO THE CIVILIAN POPULATION, [1]
The parties shall allow the free passage of all consignments of medicines and medical supplies, essential foodstuffs and clothing which are destined exclusively for the other party’s civilian population, it being understood that both parties are entitled to verify that the consignments are not diverted from their destination.

Page 2, (9) ASSISTANCE TO THE CIVILIAN POPULATION, [2]
They shall consent to and cooperate with operations to provide the civilian population with exclusively humanitarian, impartial and non-discriminatory assistance. All facilities will be given in particular to the ICRC.
National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees
Page 1, (3) CAPTURED COMBATANTS
Captured combatants shall enjoy the treatment provided for by the Third Geneva Convention of August 12, 1949.

Page 2, (6) CONDUCT OF HOSTILITIES
Hostilities shall be conducted in accordance with Article 35 to 42 and Articles 48 to 58 of Additional Protocol I, and the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices annexed to the 1980 Weapons Convention.

Page 2, (7) ESTABLISHMENT OF PROTECTED ZONES
The parties agree that for the establishment of protected zones, the annexed standard draft agreement shall be used as a basis for negotiations.

Page 2, (10) RED CROSS EMBLEM, [2]
The parties shall repress any misuse of the emblem and any attack on persons or property under its protection.
Ceasefire

No specific mention.

Police

No specific mention.

Armed forces
Page 3, (13) DISSEMINATION
The parties undertake to spread knowledge of and promote respect for the principles and rules of international humanitarian law and the terms of the present agreement, especially among combatants. This shall be done in particular: by providing appropriate instruction on the rules of international humanitarian law to all units under their command, control or political influence, and to paramilitary or irregular units not formally under their command, control or political influence; by facilitating the dissemination of ICRC appeals urging respect for international humanitarian law; via articles in the press, and radio and television programmes prepared also in cooperation with the ICRC and broadcast simultaneously; by distributing ICRC publications.

Page 3, (14) GENERAL PROVISIONS, [1]
The parties will respect the provisions of the Geneva Conventions and will ensure that any paramilitary or irregular units not formally under their command, control or political influence respect the present agreement.

Page 3, (14) GENERAL PROVISIONS, [2]
The application of the preceding provisions shall not affect the legal status of the parties to the conflict.
DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 3, (13) DISSEMINATION
The parties undertake to spread knowledge of and promote respect for the principles and rules of international humanitarian law and the terms of the present agreement, especially among combatants. This shall be done in particular: by providing appropriate instruction on the rules of international humanitarian law to all units under their command, control or political influence, and to paramilitary or irregular units not formally under their command, control or political influence; by facilitating the dissemination of ICRC appeals urging respect for international humanitarian law; via articles in the press, and radio and television programmes prepared also in cooperation with the ICRC and broadcast simultaneously; by distributing ICRC publications.

Page 3, (14) GENERAL PROVISIONS, [1]
The parties will respect the provisions of the Geneva Conventions and will ensure that any paramilitary or irregular units not formally under their command, control or political influence respect the present agreement.

Page 3, (14) GENERAL PROVISIONS, [2]
The application of the preceding provisions shall not affect the legal status of the parties to the conflict.
Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims
Page 1, (1) WOUNDED AND SICK
All wounded and sick on land shall be treated in accordance with the provisions of the First Geneva Convention of August 12, 1949.

Page 1, (2) WOUNDED, SICK AND SHIPWRECKED AT SEA
All wounded, sick and shipwrecked at sea shall be treated in accordance with the provisions of the Second Geneva Convention of August 12, 1949.
Missing persons
Page 2, (8) TRACING OF MISSING PERSONS
The parties agree to set up a Joint Commission to trace missing persons; the Joint Commission will be made up of representatives of the parties concerned, all Red Cross organizations concerned and in particular the Yugoslav Red Cross, the Croatian Red Cross and the Serbian Red Cross with ICRC participation.
Reparations

No specific mention.

Reconciliation

No specific mention.


Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism

No specific mention.

Related cases

No specific mention.

Source
International Committee of the Red Cross, Former Yugoslavia, Special Agreements between the Parties to the Conflicts, Memorandum of Understanding of November 27, 1991
https://www.icrc.org/casebook/doc/case-study/yugoslavia-agreements-case-study.htm

Source agreement

Yugoslavia/Croatia, Memorandum of Understanding of November 27, 1991

MEMORANDUM OF UNDERSTANDING

We the undersigned,

H.E. Mr. Radisa Gacic, Federal Secretary for Labour, Health, Veteran Affairs and Social Policy

Lt. General Vladimir Vojvodic, Director General, Medical Service of the Yugoslav People’s Army

Mr. Sergej Morsan, Assistant to the Minister of Foreign Affairs, Republic of Croatia

Prim.

Dr. I. Prodan, Commander of Medical Headquarters of Ministry of Health, Republic of Croatia

Prof. Dr. Ivica Kostovic, Head of Division for information of Medical Headquarters, Ministry of Health, Republic of Croatia

Dr. N. Mitrovic, Minister of Health, Republic of Serbia

taking into consideration the Hague statement of 5 November 1991 undertaking to respect and ensure respect of international humanitarian law signed by the Presidents of the six Republics;

having had discussions in Geneva under the auspices of the International Committee of the Red Cross (ICRC) on 26 and 27 November 1991 and with the participation of:

Mr. Claudio Caratsch, Vice-President of the ICRC

Mr. Jean de Courten, Director of Operations, Member of the Executive Board of the ICRC

Mr. Thierry Germond, Delegate General for Europe (Chairman of the above-mentioned meeting)

Mr. Francis Amar, Deputy Delegate General for Europe

Mr. François Bugnion, Deputy Director of Principles, Law and Relations with Movement

Mr. Thierry Meyrat, Head of Mission, ICRC Belgrade

Mr. Pierre-André Conod, Deputy Head of Mission, ICRC Zagreb

Mr. Jean-François Berger, Taskforce Yugoslavia

Mr. Vincent Lusser, Taskforce Yugoslavia

Mr. Marco Sassòli, Member of the Legal Division

Mrs. Cristina Piazza, Member of the Legal Division

Dr. Rémy Russbach, Head of the Medical Division

Dr. Jean-Claude Mulli, Deputy Head of the Medical Division

Mr. Jean-David Chappuis, Head of the Central Tracing Agency

have agreed to the following:

(1) WOUNDED AND SICK

All wounded and sick on land shall be treated in accordance with the provisions of the First Geneva Convention of August 12, 1949

(2) WOUNDED, SICK AND SHIPWRECKED AT SEA

All wounded, sick and shipwrecked at sea shall be treated in accordance with the provisions of the Second Geneva Convention of August 12, 1949.

(3) CAPTURED COMBATANTS

Captured combatants shall enjoy the treatment provided for by the Third Geneva Convention of August 12, 1949.

(4) CIVILIANS IN THE POWER OF THE ADVERSE PARTY

[1] Civilians who are in the power of the adverse party and who are deprived of their liberty for reasons related to the armed conflict shall benefit from the rules relating to the treatment of internees laid down in the Fourth Geneva Convention of August 12, 1949 (Articles 79 to 149).

[2] All civilians shall be treated in accordance with Articles 72 to 79 of Additional Protocol I.

(5) PROTECTION OF THE CIVILIAN POPULATION AGAINST CERTAIN CONSEQUENCES OF HOSTILITIES

The civilian population is protected by Articles 13 to 26 of the Fourth Geneva Convention of August 12, 1949.

(6) CONDUCT OF HOSTILITIES

Hostilities shall be conducted in accordance with Article 35 to 42 and Articles 48 to 58 of Additional Protocol I, and the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices annexed to the 1980 Weapons Convention.

(7) ESTABLISHMENT OF PROTECTED ZONES

The parties agree that for the establishment of protected zones, the annexed standard draft agreement shall be used as a basis for negotiations.

(8) TRACING OF MISSING PERSONS

The parties agree to set up a Joint Commission to trace missing persons;

the Joint Commission will be made up of representatives of the parties concerned, all Red Cross organizations concerned and in particular the Yugoslav Red Cross, the Croatian Red Cross and the Serbian Red Cross with ICRC participation.

(9) ASSISTANCE TO THE CIVILIAN POPULATION

[1] The parties shall allow the free passage of all consignments of medicines and medical supplies, essential foodstuffs and clothing which are destined exclusively for the other party’s civilian population, it being understood that both parties are entitled to verify that the consignments are not diverted from their destination.

[2] They shall consent to and cooperate with operations to provide the civilian population with exclusively humanitarian, impartial and non-discriminatory assistance.

All facilities will be given in particular to the ICRC.

(10) RED CROSS EMBLEM

[1] The parties undertake to comply with the rules relating to the use of the Red Cross emblem.

In particular, they shall ensure that these rules are observed by all persons under their authority.

[2] The parties shall repress any misuse of the emblem and any attack on persons or property under its protection.

(11) FORWARDING OF ALLEGATIONS

[1] The parties may forward to the ICRC any allegations of violations of international humanitarian law, with sufficient details to enable the party reportedly responsible to open an enquiry.

[2] The ICRC will not inform the other party of such allegations if they are expressed in abusive terms of if they are made public.

Each party undertakes, when it is officially informed of such an allegation made or forwarded by the ICRC, to open an enquiry promptly and pursue it conscientiously, and to take the necessary steps to put an end to the alleged violations or prevent their recurrence and to punish those responsible in accordance with the law in force.

(12) REQUEST FOR AN ENQUIRY

[1] Should the ICRC be asked to institute an enquiry, it may use its good offices to set up a commission of enquiry outside the institution and in accordance with its principles.

[2] The ICRC will take part in the establishment of such a commission only by virtue of a general agreement or an ad hoc agreement with all the parties concerned.

(13) DISSEMINATION

The parties undertake to spread knowledge of and promote respect for the principles and rules of international humanitarian law and the terms of the present agreement, especially among combatants.

This shall be done in particular:

by providing appropriate instruction on the rules of international humanitarian law to all units under their command, control or political influence, and to paramilitary or irregular units not formally under their command, control or political influence;

by facilitating the dissemination of ICRC appeals urging respect for international humanitarian law;

via articles in the press, and radio and television programmes prepared also in cooperation with the ICRC and broadcast simultaneously;

by distributing ICRC publications.

(14) GENERAL PROVISIONS

[1] The parties will respect the provisions of the Geneva Conventions and will ensure that any paramilitary or irregular units not formally under their command, control or political influence respect the present agreement.

[2] The application of the preceding provisions shall not affect the legal status of the parties to the conflict.

(15) NEXT MEETING

The next meeting will take place in Geneva on 19-20 December 1991.

[The signatures of the above-mentioned persons follow.]

Geneva, November 27, 1991