Agreement on the disarmament of the able-bodied population in the Zepa enclave

  • Country/entity
    Bosnia and Herzegovina
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Agreement on the disarmament of the able-bodied population in the Zepa enclave
  • Date
    24 Jul 1995
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/local conflict ()
  • Stage
    Ceasefire/related
  • Conflict nature
    Government/territory
  • Peace process
    Bosnia Local peace processes
  • Parties
    Rajko KUSIC; Hamdija TORLAK
  • Third parties
    UNPROFOR representative Semjon DUDNJIK
    Certified by Colonel General Ratko MLADIC
  • Description
    This surrender agreement provides for the forcible removal of the civilian population from the former UN safe area of Zepa, and the holding of civilians until military prisoners are released, all to be facillitated by the ICRC, UNPROFOR, UNHCR and other humanitarian organisations, in accordance with the Geneva Conventions.


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
    Groups→Refugees/displaced persons→Substantive
    Page 1, 2.
    Avdo PALIC shall issue an order to his troops to withdraw from the defence line and refugee groups together with the population and from the centre of settlements/villages, and not to try to cross illegally through the territory of Republika Srpska.
  • 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, 8.
    The able-bodied population of Zepa shall be registered and accommodated in a holding centre which is to be under the control of the ICRC until the release of all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC.

    Page 1, 9.
    The ICRC shall transport the able-bodied population of Zepa from the holding centres to territory under the control of Rasim DELICs army at the same time as all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC are released and transported to Republika Srpska.

    Page 1, 10.
    UNPROFOR, the ICRC, the UNHCR, and other international humanitarian organisations, in cooperation with the Army of Republika Srpska, shall enable the transport of the civilian population from Zepa to territory under the control of Rasim DELIC's army or to third countries of their choice in accordance with the Geneva Conventions of 12 August 1949.
  • 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, 7.
    In accordance with the Geneva Conventions of 12 August 1949 and the Additional Protocols of 1977, the civilian population of Zepa shall be given the freedom to choose their place of residence while hostilities continue.

    Page 1, 10.
    UNPROFOR, the ICRC, the UNHCR, and other international humanitarian organisations, in cooperation with the Army of Republika Srpska, shall enable the transport of the civilian population from Zepa to territory under the control of Rasim DELIC's army or to third countries of their choice in accordance with the Geneva Conventions of 12 August 1949.
  • 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
    Security sector→Ceasefire→Ceasefire provision
    Page 1, 1.
    A cease-fire between the parties to the conflict shall be implemented immediately.

    Page 1, 3.
    The civilian and able-bodied population of Zepa shall assemble around the UNPROFOR base in Zepa, which will be a sign to the Army of RS /Republika Srpska/ that the units under the command of Avdo PALIC have accepted the truce and will not try to take advantage of it.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 1, 5.
    Avdo PALIC shall start disarming his units immediately and all the weapons shall be handed over to the VRS /Army of Republika Srpska/ representative in the UNPROFOR base in Zepa.

    Page 1, 6.
    Avdo PALIC shall indicate all the mined areas and they shall be cleared in the presence of a joint commission and UNPROFOR.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, 2.
    Avdo PALIC shall issue an order to his troops to withdraw from the defence line and refugee groups together with the population and from the centre of settlements/villages, and not to try to cross illegally through the territory of Republika Srpska.

    Page 1, 3.
    The civilian and able-bodied population of Zepa shall assemble around the UNPROFOR base in Zepa, which will be a sign to the Army of RS /Republika Srpska/ that the units under the command of Avdo PALIC have accepted the truce and will not try to take advantage of it.

    Page 1, 5.
    Avdo PALIC shall start disarming his units immediately and all the weapons shall be handed over to the VRS /Army of Republika Srpska/ representative in the UNPROFOR base in Zepa.

    Page 1, 6.
    Avdo PALIC shall indicate all the mined areas and they shall be cleared in the presence of a joint commission and UNPROFOR.

    Page 1, 8.
    The able-bodied population of Zepa shall be registered and accommodated in a holding centre which is to be under the control of the ICRC until the release of all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC.

    Page 1, 9.
    The ICRC shall transport the able-bodied population of Zepa from the holding centres co territory under the control of Rasim DELICs army at the same time as all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC are released and transported to Republika Srpska.

    Page 1, 10.
    UNPROFOR, the ICRC, the UNHCR, and other international humanitarian organisations, in cooperation with the Army of Republika Srpska, shall enable the transport of the civilian population from Zepa to territory under the control of Rasim DELIC's army or to third countries of their choice in accordance with the Geneva Conventions of 12 August 1949.
  • 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, 8.
    The able-bodied population of Zepa shall be registered and accommodated in a holding centre which is to be under the control of the ICRC until the release of all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC.

    Page 1, 9.
    The ICRC shall transport the able-bodied population of Zepa from the holding centres to territory under the control of Rasim DELICs army at the same time as all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC are released and transported to Republika Srpska.
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    UNPROFOR representative Semjon DUDNJIK
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 1, 5.
    Avdo PALIC shall start disarming his units immediately and all the weapons shall be handed over to the VRS /Army of Republika Srpska/ representative in the UNPROFOR base in Zepa.

    Page 1, 6.
    Avdo PALIC shall indicate all the mined areas and they shall be cleared in the presence of a joint commission and UNPROFOR.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    ICTY Court Records, Zdravko Tolimir trial exhibit P00736.E
    http://icr.icty.org/

AGREEMENT on the disarmament of the able-bodied population in the Zepa enclave

On 24 July 1995, the following Agreement was reached between Rajko KUSIC on one side, and Hamdija TORLAK on the other, in the presence of UNPROFOR representative Semjon DUDNJIK:

1. A cease-fire between the parties to the conflict shall be implemented immediately.

2. Avdo PALIC shall issue an order to his troops to withdraw from the defence line and refugee groups together with the population and from the centre of settlements/villages, and not to try to cross illegally through the territory of Republika Srpska.

3. The civilian and able-bodied population of Zepa shall assemble around the UNPROFOR base in Zepa, which will be a sign to the Army of RS /Republika Srpska/ that the units under the command of Avdo PALIC have accepted the truce and will not try to take advantage of it.

5. /number as printed/ Avdo PALIC shall start disarming his units immediately and all the weapons shall be handed over to the VRS /Army of Republika Srpska/ representative in the UNPROFOR base in Zepa.

6. Avdo PALIC shall indicate all the mined areas and they shall be cleared in the presence of a joint commission and UNPROFOR.

7. In accordance with the Geneva Conventions of 12 August 1949 and the Additional Protocols of 1977, the civilian population of Zepa shall be given the freedom to choose their place of residence while hostilities continue.

8. The able-bodied population of Zepa shall be registered and accommodated in a holding centre which is to be under the control of the ICRC until the release of all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC.

9. The ICRC shall transport the able-bodied population of Zepa from the holding centres co territory under the control of Rasim DELICs army at the same time as all captive VRS members and other Serbs who are in prisons in territory controlled by the army under the command of Rasim DELIC are released and transported to Republika Srpska.

10. UNPROFOR, the ICRC, the UNHCR, and other international humanitarian organisations, in cooperation with the Army of Republika Srpska, shall enable the transport of the civilian population from Zepa to territory under the control of Rasim DELIC's army or to third countries of their choice in accordance with the Geneva Conventions of 12 August 1949.

11. This Agreement shall enter into force immediately upon signing.

Date:

24 July 1995

Rajko KUSIC /signed/ Semjon DUDNJIK /signed/ Hamdija TORLAK /signed/

Certified by Colonel General Ratko MLADIC /signed/