bosnia report
No. 13 January - 1996
VI. Provisions related to War Crimes
by Signed in Paris on 14 December 1995

VI. Provisions related to War Crimes
(inter alia, Annex 1-A and Annex 4)

No individual indicted by or serving a sentence imposed by the UN War Crimes Tribunal is to be allowed to hold any appointive, elective or other public office - including military offices and offices related to the implementation of the Accords - in BH (inter alia, Annex 1-A and Annex 4). The Parties (variously including BH, the RBH, FBH, RS, Croatia and the FRY) are to cooperate with the Tribunal. Such cooperation is largely undefined, although the Parties (here, RBH, FBH and RS) are to comply with any request by the Tribunal for the arrest, detention, surrender of, or access to, military prisoners - or civilians held in relation to the conflict - who have been indicted by the Tribunal (Annex 1-4). Furthermore, these Parties are to detain military prisoners - or civilians held in relation to the conflict - 'reasonably suspected' of violations under the purview of the Tribunal for a period of time sufficient to consult with the Tribunal (Annex 1-A).

Beyond the reference to military prisoners or civilians held in relation to the conflict, there is no specific requirement for the Parties to arrest, detain, or facilitate the transfer to the custody of the Tribunal of, any and all indicted war criminals who reside in, or transit through, or are otherwise present in the Entities. Similarly, there is no mechanism for vetting from the Parties' armed forces any individuals reasonably suspected of committing war crimes. Also, the Accords do not provide any mechanism for imposing economic or other sanctions against states or entities that do not cooperate with the Tribunal.

Of potential relevance to the Tribunal, the Accords state that 'where places of burial, whether individual or mass, are known as a matter of record, and graves are actually found t exist,' the Parties (as above) are to 'permit grave registration personnel of the other Parties to enter, within a mutually agreed period of time, for the limited purpose of proceeding to such graves, to recoÌÌÌÌÌÌÌ̸ver and evacuate the bodies of deceased military and civilian personnel of that side, including deceased prisoners' (Annex 1-A). However, the Accords do not define the mechanisms by which this provision is to be implemented, nor do they provide for enforcing compliance - although other provisions grant IFOR authority - but do not oblige it - to use necessary force to facilitate conditions for international personnel (as opposed to personnel of the other Parties) to conduct tasks associated wish the Accords (see 'Military Provisions', above). IFOR is not obliged to apprehend or transfer to the custody of the Tribunal suspected war criminals or otherwise facilitate the work of the Tribunal. The UN International Police Task Force (see 'Provisions for Police Monitoring below) is to provide to the Tribunal information received regarding violations of human rights. However, the Accords do not empower it to investigate war crimes or apprehend indicted war criminals.


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