Agreement (ICRC Humanitarian Principles)

• Country/entity

  Bosnia and Herzegovina
  Yugoslavia (former)
  
• Region

  Europe and Eurasia
  Europe and Eurasia
  
• Agreement name

  Agreement (ICRC Humanitarian Principles)
• Date

  6 Jun 1992
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
• Stage

  Pre-negotiation/process
• Conflict nature

  Government/territory
• Peace process

  Bosnia peace process
• Parties

  Mr. K. Trnko, Representative of Mr Alija IZETBEGOVIC, President of the Republic of Bosnia and Herzegovina
  Mr. D. Kalinic, Representative of Mr. Radovan KARADZIC, President of the Serbian Democratic Party
  Mr. S. Sito Coric, Representative of Mr. Miljenko BRKIC, President of the Croatian Democratic Union
  Mr. I. Sarac, Liaison Officer of the Croatian Democratic Union
  
  Mr. A. KURJAK, Representative of the President of the Party of Democratic Action, who could not attend the meeting, has been invited to ratify the present agreement, and has done so on … [page in English, with signatures]
• Third parties

  At a meeting opened by Mr. Cornelio Sommaruga, President of the International Committee of the Red Cross, and chaired by Mr. Thierry Germond, the General Delegate of the ICRC for Europe. The following attended the meeting as observers:
  On behalf of the Federal Republic of Yugoslavia, His Excellency, Mr. Naste Calovski, Ambassador, Colonel General V. Vojvodic
  On behalf of the Republic of Croatia: Dr. I. Simonovic
  On behalf of the United Nations High Commission for Refugees: Mrs. A. M. Demmer, Director, Regional Office for Europe and America, Mr. J. M. Mendiluce, High Commission Special Envoy.
• Description

  In this humanitarian principles agreement the parties commit to respecting International Humanitarian law, and acting in accordance with the ICRC's action plan for providing humanitarian assistance. This includes freedom of movement for delivering aid, and access of ICRC delegates to prisons and places of detention.

• Agreement document

  BA_920606_Agreement Number 3 (ICRC).pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

AGREEMENT

Number 3

At the invitation of the International Committee of the Red Cross (ICRC),

Mr. K. Trnko

Representative of Mr Alija IZETBEGOVIC, President of the Republic of Bosnia and Herzegovina

Mr. D. Kalinic

Representative of Mr. Radovan KARADZIC, President of the Serbian Democratic Party

Mr. S. Sito Coric

Representative of Mr. Miljenko BRKIC, President of the Croatian Democratic Union

Mr. I. Sarac

Liaison Officer of the Croatian Democratic Union

Met in Geneva on 4th, 5th, and 6th June 1992,

At a meeting opened by Mr. Cornelio Sommaruga, President of the International Committee of the Red Cross, and chaired by Mr. Thierry Germond, the General Delegate of the ICRC for Europe.

The following attended the meeting as observers:

On behalf of the Federal Republic of Yugoslavia

- His Excellency, Mr. Naste Calovski, Ambassador

- Colonel General V. Vojvodic

On behalf of the Republic of Croatia:

- Dr. I. Simonovic

On behalf of the United Nations High Commission for Refugees

- Mrs. A. M. Demmer, Director, Regional Office for Europe and America

- Mr. J. M. Mendiluce, High Commission Special Envoy.

The following plan of action was adopted:

BOSNIA AND HERZEGOVINA:

ICRC PLAN OF ACTION

The goal of the International Committee of the Red Cross is to assist and protect all victims of war throughout the territory of Bosnia and Herzegovina (BH), in keeping with its basic principles of humanity, neutrality and impartiality.

The ICRC opened its first office in BH in mid-December 1992 in Sarajevo.

After this offices were opened in Banja Luka, Mostar, Bihac, Tuzla and Trebinje.

Non-compliance with the basic principles of humanitarian law, and at the same time, the worsening of the overall security situation, put a halt on ICRC activities.

On several occasions, ICRC delegates were threatened with arms (Vogosca, 9 May, and Bijeljina, 19 May).

The deliberate attack on an ICRC convoy on 18 May 1992 in Sarajevo (Vratnik), in which one ICRC delegate was killed, came as the last in a series of incidents directed against the Red Cross.

Further deterioration of the situation forced ICRC staff to temporarily withdraw from BH, in order to review its potential activities in the Republic.

If the parties wish the ICRC to continue its humanitarian work, they will have to offer them effective guarantees.

Pursuant to Agreement no.

1 signed by the representatives of the Parties on 22 May 1992 in Geneva, and in keeping with its humanitarian mandate, ICRC hereby presents its plan of action, which includes a number of guidelines.

I. Security-undermining factors

At this moment, the following factors constitute the main obstacles to carrying out humanitarian activities:

1. The highly dangerous overall situation· in BH caused by deliberate attacks on the civilian population;

2. Lack of control over various military units by all Parties;

3. Non-compliance with the agreements regulating· the safe passage of urgent humanitarian aid;

4. Misuse of the Red Cross emblem.

The following are good examples of these security-undermining factors:

- the deliberate attack on an ICRC convoy on 18 May 1992 in Sarajevo, in which one ICRC delegate was killed;

- seizure of vehicles - an ICRC truck and a Land Cruiser on 9 May in Vogosca,

- another Land Cruiser on 19 May at Vratnik, both confiscated by the parties to the conflict;

- seizure of humanitarian aid - four tonnes of medication on 9 May in Vogosca and 2,500 family parcels on 19 May in Bijeljina;

- failure to ensure ICRC access to certain areas for which it has been established they need humanitarian aid and to towns under siege;

- increased difficulties in organising "cross-line" operations (crossing the lines of conflict).

II. Security requirements related to implementation of the lCRC plan of activities

The ICRC believes that the current situation in BH, as characterised by random attacks on towns and the civilian population, does not allow it to continue its activities until the necessary security requirements have been fulfilled.

The ICRC therefore asks all parties to accept their responsibility and take the following necessary steps as a precondition for the ICRC's continuation of activities throughout the territory of BH:

1. Present to the ICRC the complete results of the investigation into the attack on the ICRC convoy in Sarajevo on 18 May 1992;

2. Negotiate, organise and observe cease-fire agreements in areas where humanitarian activities are taking place, and announce them to the population through the media;

3. Inform all units [on/of?]

the planned routes of the convoys, which will be announced by the ICRC in due time.

The parties must send permission for unimpeded passage to the ICRC as soon as possible, and at the latest within 36 hours of receipt of the announcement by the ICRC of the intended passage of the convoy.

4. Permit "cross-line" operations.

5. Inform all units of ICRC activities and ensure that central and regional military districts of all the interested parties issue written permits allowing ICRC officials to carry out their humanitarian obligations;

[6.] Ensure regular meetings of the Commission [with?]

the Liaison Officer under the auspices of the ICRC, with the objective of coordinating activities throughout the territory.

7. Ensure that the emblem of the Red Cross is respected in keeping with Article 3 of Agreement no.

1 signed on 22 May 1992 in Geneva.

8. Return the confiscated trucks and Land Cruisers.

9. Ensure that ICRC personnel, local ICRC staff and the staff of other humanitarian organisations involved in implementing the present plan are respected.

10. Do your utmost to ensure that the principles and regulations of international humanitarian law, especially Agreement no.

1 of 22 May 1992, are known to all the soldiers and the civilian population.

III. ICRC Aid Programme

l. Beneficiaries and types of aid

The ICRC will assist victims of war, such as displaced persons or persons separated by war, especially the most vulnerable groups.

1. Displaced persons:

Each month one food parcel for five persons, contents as follows:

- 4.5 kg of oil

- 1.0 kg of cheese

- 3.0 kg of beans

- 2.0 kg of canned beef

- 3.0 kg of sugar

- 0.5 kg of soap

- 1.0 kg of detergent.

b) Groups separated by war:

Each month one food parcel for five persons, contents as described above, plus additional aid, as follows:

- 6.0 kg of grain per person each month

- 2.0 kg of canned protein food per person each month

- 0.5 kg of soap per person each month

- 0.5 kg of detergent per person each month.

c) Vulnerable groups, that is persons in medical and/or welfare institutions:

one full ration per person each month, contents as follows:

- 12.0 kg grain

- 4.0 kg of canned protein food

- 1.5 kg of oil

- 2.0 kg of sugar

- 0.2 kg soap

- 1.0 kg of detergent.

2. Medical programme

a) Aid for medical institutions

On 21 April 1992, on the basis of a comprehensive list of items of surgical equipment needed by 19 hospitals throughout the territory, ICRC drafted a medical program intended at maintaining the level of primary surgical activity at the hospitals that would enable them to accept and treat the wounded.

A limited quantity of surgical aid has already been distributed to some of the 19 hospitals.

In the attack on the ICRC convoy in Sarajevo on 19 May an ICRC truck carrying surgical supplies for the Sarajevo hospital was also destroyed.

Taking into consideration the worsening of the situation in the Republic, the ICRC is looking into the possibility of extending its medical programme to other types of medical resources.

b) Evacuations

Measures will be taken to enable the evacuation of the wounded, the sick and other vulnerable persons in keeping with the relevant provisions set forth in Agreement no.1 of 22 May 1992.

3. Logistical and operational structure

For every period of one month, the proposed ICRC aid program would total 2,500 tonnes, that is approximately 125 trucks.

The shipments would be equally distributed among all the beneficiaries throughout BH.

The ICRC Aid Program will have the following operational and logistical structure:

- main logistical bases outside BH:

Belgrade, Kotor, Split, Zagreb;

- possible logistical bases and/or distribution centres within BH:

Banja Luka, Bihac, Bijeljina, Brcko, Doboj, Foca, Gorazde, Grude, Kiseljak, Konjic, Milici, Mostar, Nevesinje, Odzak, Pale, Prozor, Sarajevo, Stolac, Tomislavgrad (also known as Duvno ), Trebinje, Tuzla, Velika Kladufa, Visoko, Zenica.

Additional bases may be used as needed

- logistical equipment:

vehicles pool of ICRC trucks with ICRC drivers, local trucks will also be hired, if available;

- Approach:

Pursuant to Article 2(6) of Agreement no.

1 signed on 22 May 1992 in Geneva, the parties will allow unimpeded passage of all shipments of medicine and medical supplies, necessary foodstuffs and clothing intended exclusively for the civilian population.

For this purpose, ICRC will receive guarantees that convoys will be allowed access to areas where the presence of victims has been established and cross the lines between the warring parties.

Possible routes:

-Banja Luka

1) Belgrade - Ordje - Tuzla - Doboj - Banja Luka

2) Belgrade - Bijeljina - Tuzla - Doboj - Banja Luka

3) Zagreb - Okucani - Banja Luka

- Bihac

1) Zagreb - Karlovac - Bihac

2) Banja Luka - Mrkonjic Grad - Bibac

3) Banja Luka - Bosanski Novi - Bosanska Krupa - Bihac

- Gorazde/Foca

1) Belgrade - Cacak - Titovo Uzice - Gorazde - Foca

2) Trebinje - Gacko - Foca - Gorazde

- Mostar

1) Split - Grude-Listica- Zovnica -Mostar

2) Split – Grude-Listica - Bogodol – Goranci - Mostar

3) Trebinje - Bileca - Berkovici - Stolac - Buna - Mostar

4) Trebinje - Bileca - Gacko - Nevesinje - Mostar Kalinovik

- Sarajevo

1) Belgrade-Tuzla- Kladanj - Olovo -Sarajevo

2) Zagreb - Banja Luka - Sarajevo

3) Belgrade - Zvornik- Vlasenica - Pale-Sarajevo

4) Split - Grode - Novi Travnik - Kiseljak - Vares - Sarajevo.

As for the proposal about the use of Sarajevo airport submitted by the parties to the ICRC on 23 May;

the participants were informed that the issue is currently being discussed under the auspices of others.

Tuzla

1) Belgrade - Kuzmin- Bijeljina-Tuzla - Belgrade - Sabac -

Zvornik - Tuzla

Zenica

1) Banja Luka - Doboj - Zenica

2) Banja Luka - Jajce - Donji V akuf - Travnik - Zenica

3) Split - Grude - Prozor - Bugojno - Zenica

Jajce

1) Split-Livno-Tomislavgrad (Duvno) -Prozor-Gornji Vakuf-Jajce

Konjic

1) Split -Tomislavgrad (Duvno) - Prozor- Jablanica-Konjic

Prijedor

1) Zagreb - Karlovac -Bihac - Prijedor.

Any other route would have to be negotiated in order to achieve the agreement of all parties.

4. Observation, supervision and organisation of participants

The ICRC will coordinate the entire aid programme, supervise its implementation, assess its effectiveness and make all the necessary adjustments as needed.

The ICRC will cooperate with local humanitarian organisations.

5. Other ICRC activities

ICRC believes that security conditions need to be improved as soon as possible to enable the reopening of all ICRC offices, which have been temporarily closed down.

This precondition must be fulfilled before the ICRC can resume its normal activities.

Access to prisoners and visits to places of detention represent the basis of the ICRC mandate.

It is imperative that the ICRC gain access to all places of detention under the control of parties to the conflict.

The objective of these visits is to assess the overall conditions of detention and report them to the relevant authorities in a confidential manner.

The ICRC wishes to remind the parties that item 2.4 of Agreement no.

1 signed on 22 May 1992 in Geneva stipulates the following:

"Imprisoned soldiers will receive the treatment envisaged by the Third Geneva Convention.

The International Committee of the Red Cross (ICRC) will have free access to all imprisoned soldiers in order to fulfil its humanitarian mandate pursuant to the Third Geneva Convention adopted on 12 August 1949."

And in particular,

- the parties will .report to the ICRC on the identity of all persons imprisoned or detained;

- ICRC officials will have free access to all persons imprisoned or detained;

- ICRC officials will be allowed to interview these persons without witnesses, register them and inform their families of their medical condition and place of detention, and repeat these visits whenever necessary;

- ICRC officials will offer their services in facilitating the making of agreements on the release of such prisoners.

The nature of the conflict, which has resulted in the displacement of a large number of persons within the Republic and outside its borders, explains the need for the services of the ICRC Tracing Service, whose work consists of restoring contact between family members who have been separated, and prisoners and their families by means of Red Cross messages, and tracing persons who have been reported missing in the conflict.

ICRC activities aimed at assisting all the victims of war have been rendered temporarily impossible by the lack of respect for the ICRC mandate.

The ICRC, therefore, believes it is necessary to launch a major media campaign without delay to ensure that all combat units are aware of the humanitarian principles to be observed in time of war.

V General Provisions

The parties commit themselves to informing their political and military authorities at the central, regional and local level as soon as possible of the contents of this Agreement.

The parties agree to submit the following to the ICRC before 12 June 1992:

- a document confirming their formal acceptance of this plan of action;

- a list of regional and local political and military leaders who have been informed of the Agreement and whom the ICRC can contact after its return to Bosnia and Herzegovina

The list should primarily include the following places:

- Banja Luka

- Bihac

- Bijeljina

- Brcko

- Doboj

- Foca

- Gorazde

- Grude

- Kiseljak

- Konjic

- Milici

- Mostar

- Nevesinje

- Odzak

- Pale

- Prozor

- Sarajevo

- Stolac

- Tomislavgrad (also known as Duvno)

- Trebinje

- Tuzla

- Velika Kladusa

- Visoko

- Zenica.

The ICRC will immediately dispatch its representatives who will meet with the aforementioned authorities in order to assess the situation and determine how to proceed.

The ICRC and the parties may publish the contents of this plan of action after a successful start of implementation of the present Agreement.

The parties commit themselves to taking all steps necessary for the implementation of the above plan of action.

The Parties also undertake to implement the same relevant security requirements in respect of the activities of the United Nations High Commission for Refugees.

Geneva, 6 June 1992

Mr. K. TRNKA

Mr.D.KALINIC

Mr. Sito S. CORIC

Mr. A. KURJAK, Representative of the President of the Party of Democratic Action, who could not attend the meeting, has been invited to ratify the present agreement, and has done so on … [page in English, with signatures]

President of the HZ [Croatian· Community] of Herceg – Bosna and Vice·President of the HDZ [Croatian Democratic Union] of BH

[signed and stamped]