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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement
Date: 17 Mar 1994
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Hasan Muratovic, RBH State Commission, Deputy Chairman; Berislav Pusic, Head, HVO Service for the Exchange of Prisoners
Third parties: Witnessed by: E.Sarabia, Major, G5, HQ SSW; L.Gaddis, Captain, SOG5
Description: This agreement provides for the release of prisoners by the RBH Army and the HVO from locations in central Bosnia, to be assisted and facilitated by the ICRC. It also provides for the safe take off of UNPROR Spanish Battalion helicopters and safe flight over HVO territory.

Agreement document: BA_940317_Agreement.pdf (opens in new tab) | Download PDF

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 1, 1.2.
The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

Page 1, 2.2.
On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

Page 1, 3.2.
Prior to the deadline mentioned under item 3.1., and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.
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: No specific mention.
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: No specific mention.
Mobility/access: No specific mention.
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: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 1, 1.1.
On Saturday, 19 March 1994, 73 prisoners from the prison in Mostar, 294 prisoners from the prison under the control of by the RBH Army in Bugojno, and 500 members of the RBH Army from the Heliodrom prison (Rodoč), shall be released simultaneously.

Page 1, 1.2.
The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

Page 1, 1.3.
HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders. If technical inspection and repairs of the helicopters cannot be completed by the above mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

Page 1, 2.1.
On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.) held in Helidrom prison. The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

Page 1, 2.2.
On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

Page 1, 3.1.
On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 1.2.
The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

Page 1, 1.3.
HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders. If technical inspection and repairs of the helicopters cannot be completed by the above mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

Page 1, 2.1.
On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.) held in Helidrom prison. The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

Page 1, 2.2.
On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

Page 1, 3.1.
On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.

Page 1, 3.2.
Prior to the deadline mentioned under item 3.1., and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.
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: Page 1, 1.1.
On Saturday, 19 March 1994, 73 prisoners from the prison in Mostar, 294 prisoners from the prison under the control of by the RBH Army in Bugojno, and 500 members of the RBH Army from the Heliodrom prison (Rodoč), shall be released simultaneously.

Page 1, 1.2.
The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994. The HVO Commission for Exchange shall do the same.

Page 1, 2.1
On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.) held in Helidrom prison. The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

Page 1, 2.2.
On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

Page 1, 3.1.
On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.

Page 1, 3.2.
Prior to the deadline mentioned under item 3.1., and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Witnessed by: E.Sarabia, Major, G5, HQ SSW (UNPROFOR)
Other international signatory: Witnessed by: L.Gaddis, Captain, SOG5 (EC Monitor)
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 1.3.
HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders. If technical inspection and repairs of the helicopters cannot be completed by the above mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

Page 1, 2.2.
On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory. This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Prlic et. al trial exhibit P08084.E
http://icr.icty.org/

At the meeting held on 17 March 1994 in Gornji Vakuf between representatives of the State Commission for the Exchange of Prisoners of War of the RBH /Republic of Bosnia and Herzegovina/ and the Service for the Exchange of Prisoners of War and Other Persons of the Croatian Defence Council /HVO/, in the presence of EC monitors, UNPROFOR HQ - South-West Sector, and representatives of the International Committee of the Red Cross /ICRC/ as witnesses, the parties reached the following

AGREEMENT

1.1. On Saturday, 19 March 1994, 73 prisoners from the prison in Mostar, 294 prisoners from the prison under the control of by the RBH Army in Bugojno, and 500 members of the RBH Army from the Heliodrom prison (Rodoč), shall be released simultaneously.

1.2. The RBH Army Commission for the Exchange of Prisoners of War in Mostar shall prepare a list of individuals to be released from the Heliodrom prison and submit it to the HVO Commission for Exchange and the ICRC not later than on 18 March 1994.

The HVO Commission for Exchange shall do the same.

1.3. HVO undertakes to allow the take-off of two helicopters /illegible/ SPABAT /Spanish Battalion/ in Medjugorje and ensure safe flight over the HVO-controlled territory in keeping with the previous agreement reached between the RBH Army and HVO commanders.

If technical inspection and repairs of the helicopters cannot be completed by the above-mentioned date, the take-off shall take place immediately after inspection, or after repairs at the latest.

2.1. On Tuesday, 22 March 1994, HVO shall release all prisoners held in all prisons under the HVO control in Herzegovina (Heliodrom, Ljubuški VIZ /Military Remand Prison/, Čapljina, Prozor, and possibly others), with the exception of prisoners from Central Bosnia (Žepče, Novi Šeher, Maglaj, Zenica, etc.)

held in Helidrom prison.

The RBH Army shall release six prisoners from the prison in Gornji Vakuf.

2.2. On the same date, all isolated individuals shall be evacuated from Rotilj to the RBH Army-controlled territory, including those who are currently at the French Battalion Base in Ćatići and the 32 HVO members released from prison who are currently in Vareš in the RBH Army-controlled territory.

This will be done solely on the basis of free will of these individuals that they will express when representatives of the ICRC come to interview them.

3.1. On Thursday, 24 March 1994, parties to this Agreement shall meet again in Gornji Vakuf in order to agree the release of all the remaining prisoners held in prisons in Central Bosnia by the RBH Army and HVO, as well as the prisoners from Central Bosnia held in the Heliodrom prison.

3.2. Prior to the deadline mentioned under item 3.1.,

and in compliance with the HVO request, the ICRC shall visit Tarčin and the village of Mjehurići near Travnik in order to verify whether any Croats are being held in captivity on these locations.

Amor MAŠOVIC, RBH State Commision, Deputy Chairman

Berislav PUŠIĆ, Head, HVO Service for the Exchange of Prisoners

Witnessed by:

E. SARABIA, Major, G5, HQSSW

L. GADDIS, Captain, SOG5