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

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: 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.

Agreement document: BA_950724_Agreement on disarmament of Zepa.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: 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/