Prisoner exchange agreement

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Prisoner exchange agreement
Date: 8 Feb 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: MR DAMIR BARBARIĆ HVO
DR IVO SANDRK HVO
MR BERISLAV PUŚIĆ HVO
MR ŽELJKO BARBARIĆ HVO
MR SELMAN PODŽIĆ BIH
MR ALIJA ALIKADIĆ BIH
MR ZIJO ORUČEVIĆ BIH
Third parties: MAJOR FERRER SPABAT
MRS IRIS WITTWER ICRC [listed as present but copy unsigned]
MR JAVIER ECMM
MRS CHRISTINE MACCALLUM CIVAFF [listed as present but copy unsigned]
MR KOSTAS KUOFAKIS ECMM
Description: Short agreement which provides for a mutual prisoer exchange within the 4th BiH Corps zone, facilitated by the ICRC with support from UNPROFOR.

Agreement document: BA_940208_Sporazum o razmjeni zatvorenika - zatocenika_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): BA_940208_Sporazum o razmjeni zatvorenika - zatocenika_CR.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, 3.
FROM TODAY, AND NO LATER THAN 10 DAYS FROM TODAY, LISTS WITH PRISONERS’ NAMES WILL BE EXCHANGED, WITH ONE COPY GIVEN TO THE ICRC.

Page 1, 4.
ONCE BOTH LISTS HAVE BEEN AMENDED, THE EXCHANGE PROCESS WILL BE AGREED WITH ICRC, WITH THE SUPPORT FROM UNPROFOR.
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: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
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.
THE EXCHANGE WILL FOLLOW THE PRINCIPLE “EVERYONE FOR ALL” WITHIN THE ZONE AGREED IN POINT 2.

Page 1, 2.
THE PRISONERS WILL BE EXCHANGED FOLLOWING THE ABOVE PRINCIPLE WITHIN THE 4TH BIH CORPS ZONE, INCLUDING BUGOJNO.

Page 1, 3.
FROM TODAY, AND NO LATER THAN 10 DAYS FROM TODAY, LISTS WITH PRISONERS’ NAMES WILL BE EXCHANGED, WITH ONE COPY GIVEN TO THE ICRC.

Page 1, 4.
ONCE BOTH LISTS HAVE BEEN AMENDED, THE EXCHANGE PROCESS WILL BE AGREED WITH ICRC, WITH THE SUPPORT FROM UNPROFOR.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: MAJOR FERRER SPABAT [UNPROFOR Battalion]
Other international signatory: MRS IRIS WITTWER ICRC [listed as present but copy unsigned]
MR JAVIER ECMM
MRS CHRISTINE MACCALLUM CIVAFF [listed as present but copy unsigned]
MR KOSTAS KUOFAKIS ECMM
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, 4.
ONCE BOTH LISTS HAVE BEEN AMENDED, THE EXCHANGE PROCESS WILL BE AGREED WITH ICRC, WITH THE SUPPORT FROM UNPROFOR.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Slobodan Praljak
http://www.slobodanpraljak.com/

UNPROFOR SPABAT

PRISONER EXCHANGE AGREEMENT

IN MEDJUGORJE, 8 FEBRUARY 1994.

ATTENDEES:

MAJOR FERRER SPABAT

MRS IRIS WITTWER ICRC

MR JAVIER ECMM

MRS CHRISTINE MACCALLUM CIVAFF

MR KOSTAS KUOFAKIS ECMM

MR DAMIR BARBARIĆ HVO

DR IVO SANDRK HVO

MR BERISLAV PUŚIĆ HVO

MR ŽELJKO BARBARIĆ HVO

MR SELMAN PODŽIĆ BIH

MR ALIJA ALIKADIĆ BIH

MR ZIJO ORUČEVIĆ BIH

BOTH SIDES AGREED THE FOLLOWING:

1. THE EXCHANGE WILL FOLLOW THE PRINCIPLE “EVERYONE FOR ALL” WITHIN THE ZONE AGREED IN POINT 2.

2. THE PRISONERS WILL BE EXCHANGED FOLLOWING THE ABOVE PRINCIPLE WITHIN THE 4TH BIH CORPS ZONE, INCLUDING BUGOJNO.

3. FROM TODAY, AND NO LATER THAN 10 DAYS FROM TODAY, LISTS WITH PRISONERS’ NAMES WILL BE EXCHANGED, WITH ONE COPY GIVEN TO THE ICRC.

4. ONCE BOTH LISTS HAVE BEEN AMENDED, THE EXCHANGE PROCESS WILL BE AGREED WITH ICRC, WITH THE SUPPORT FROM UNPROFOR.

HVO BIH

[signature] [signature]

WITNESSED BY

SPABAT:

[signature] ICRC:

ECMM:

[signature] CIVAFF:

[page 2 is the list of attendees in English]