Agreement No. 2 (ICRC Geneva)

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement No. 2 (ICRC Geneva)
Date: 23 May 1992
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Mr . K. Trnka. Representative of Mr. Alija Izetbegovic, President of the Republic of Bosnia-Herzegovina

Mr . D. Kalinic. Representative of Mr. Radovan Karadzic, President of the Serbian Democratic Party

Mr. J. Djogo, Representative of Mr . Radovan Karadzic, President of the Serbian Democratic Party

Mr . A. Kurjak, Representative of Mr. Alija Izetbegovic, President of the Party of Democratic Action

Mr. S. Sito Coric, Representative of Mr. Miljenko Brkic, President of the Croatian Democratic Community
Third parties: -
Description: Short agreement to implement humanitarian Agreement of 22 May 1992 negotiated under the auspices of the ICRC in Geneva. Parties agree to exchange liaison officers, establish a humanitarian commission, exchange lists of prisoners and other humanitarian modalities.

Agreement document: BA_920523_Agreement no.2 (ICRC Geneva).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: [Summary: The agreement entirely provides for the ICRC to liaise with parties and to conduct humanitarian assistance activities. See prisoner release and mobility categories for full provisions].

Page 1, 1.
Taking into account the emergency of the situation, each party agrees to forward to the ICRC no later than 29 May 1992 at 24h00, the name of one liaison officer; these liaison officers will meet as soon as possible.

Page 1-2, 2.
This Commission, consisting of the four liaison officers appointed, will function under the auspices of the ICRC. Decisions will be taken by consensus. The commission will assume the following tasks:
...d) Each party undertakes to provide security guarantees to the ICRC in the accomplishment of its humanitarian activities. Practical arrangements shall be agreed upon at a later stage.
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: Page 1-2, 2.
This Comission, consisting of the four liaison officers appointed, will function under the auspices of the ICRC. Decisions will be taken by consensus. The commission will assume the following tasks:
...b) Take the necessary measures in order to allow the de-blocking of the populations and encircled objects, and to enable the teaporary evacuation of persons in danger, without discrimination nor the use of force, on a voluntary basis, and on the entire territory of Bosnia-Herzegovina. For example, Sarajevo, Odzak. Mostar, Livno, and anywhere else where there are such cases.
c) To study with the ICRC the most suitable corridors for the supply of humanitarian assistance and the evacuation of the wounded, as well as the means of fulfilling any other humanitarian need without any discrimination.
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, 2.
This Comission, consisting of the four liaison officers appointed, will function under the auspices of the ICRC. Decisions will be taken by consensus. The commission will assume the following tasks:
a) Exchange lists of prisoners and take the necessary steps with a view to the release of prisoners.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Blaksic trial exhibit 786
http://icr.icty.org/

At the invitation of the International Committee of the Red Cross.

Mr . K. Trnka.

Representative of Mr. Alija Izetbegovic, President of the Republic of Bosnia-Herzegovina

Mr . D. Kalinic.

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

Mr. J. Djogo, Representative of Mr .

Radovan Karadzic, President of the Serbian Democratic Party

Mr . A. Kurjak, Representative of Mr. Alija Izetbegovic, President of the Party of Democratic Action

Mr. S. Sito Coric, Representative of Mr. Miljenko Brkic, President of the Croatian Democratic Community

meeting in Geneva on 23 May 1992 to discuss the implementation of the Agreement of 22 May 1992, have agreed as follows:

1. Taking into account the emergency of the situation, each party agrees to forward to the ICRC no later than 29 May 1992 at 24h00, the name of one liaison officer;

these liaison officers will meet as soon as possible.

2. This Commission, consisting of the four liaison officers appointed, will function under the auspices of the ICRC.

Decisions will be taken by consensus.

The commission will assume the following tasks:

a) Exchange lists of prisoners and take the necessary steps with a view to the release of prisoners.

b) Take the necessary measures in order to allow the de-blocking of the populations and encircled objects, and to enable the teaporary evacuation of persons in danger, without discrimination nor the use of force, on a voluntary basis, and on the entire territory of Bosnia-Herzegovina.

For example, Sarajevo, Odzak.

Mostar, Livno, and anywhere else where there are such cases.

c) To study with the ICRC the most suitable corridors for the supply of humanitarian assistance and the evacuation of the wounded, as well as the means of fulfilling any other humanitarian need without any discrimination.

d) Each party undertakes to provide security guarantees to the ICRC in the accomplishment of its humanitarian activities.

Practical arrangements shall be agreed upon at a later stage.

Geneva, 23 May 1992