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.

• Agreement document

  BA_950724_Agreement on disarmament of Zepa.pdf | Download PDF

Local agreement properties

• Process type

  Isolated example
  
• Rationale

  Although similar agreements had been signed as other safe areas had been captured (for example, the agreement between Rupert Smith and Ratko Mladic), there is no publically-available evidence which suggests that agreements had been reached between these parties before, or in relation to Zepa. Eyewitness accounts suggest that this agreement was reached independently of a formal process.
• Is there a documented link to a national peace process?

  Yes
• Link to national process: articulated rationale

  There is no stated link to the national peace process in the agreement. However, witness accounts submitted to the ICTY suggest that this agreement was reached independently of concurrent attempts being made by high ranking UN staff to reach an agreement on demilitarising Zepa to prevent it being overrun, and the points made in the agreement contradict proposals made by national-level actors to resolve the crisis. Therefore the link to the national process is that this agreement was made in contradiction of central attempts to reach an agreement on the area and issue.
• Name of Locale

  Zepa
• Nature Of Locale

  Smaller
• GPS Lat/Long (DD)

  43.953946, 19.132594
• Participant type

  International or transnational actor
  Local community/civilian group(s)/civil society organisations
  Other
  
• Mediator, facilitator or similar

  No mention of mediator or similar

Local issues

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/