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Agreement on the Military Aspects
of Air Peace Settlement (2/2)
Part 1/2
Part 2/2 |
Article VI Deployment of the Implementation Force 1. Recognizing the need to provide for the effective implementation of the provisions of this Annex, and to ensure compliance, the United Nations Security Council is invited to authorize Member States or regional organizations and arrangements to establish the IFOR acting under Chapter VII of the United Nations Charter. The Parties understand and agree that this Implementation Force may be composed of ground, air and maritime units from NATO and non-NATO nations, deployed to Bosnia and Herzegovina to help ensure compliance with the provisions of this Annex. The Parties understand and agree that the IFOR shall have the right to deploy on either side of the Inter-Entity Boundary Line and throughout Bosnia and Herzegovina. 2. The Parties understand and agree that the IFOR shall have the right: (a) to monitor and help ensure compliance by all Parties with this Annex (including, in particular, withdrawal and redeployment of Forces within agreed periods, and the establishment of Zones of Separation); (b) to authorize and supervise the selective marking of the Agreed Cease Fire Line and its Zone of Separation and the Inter-Entity Boundary Line and its Zone of Separation as established by the General Framework Agreement; (c) to establish liaison arrangements with local civilian and military authorities and other international organizations as necessary for the accomplishment of its mission; and (d) to assist in the withdrawal of UN Peace Forces not transferred to the IFOR, including, if necessary, the emergency withdrawal of UNCRO Forces. 3. The Parties understand and agree that the IFOR shall have he right to fulfill its supporting tasks, within the limits of its assigned principal tasks and available resources, and on request, s which include the following: (a) to help create secure conditions for the conduct by others of other tasks associated with the peace settlement, including free and fair elections; (b) to assist the movement of organizations in the accomplishment of humanitarian missions; (c) to assist the UNHCR and other international organizations in their humanitarian missions; (d) to observe and prevent interference with the movement of civilian populations, refugees, and displaced persons, and to respond appropriately to deliberate violence to life and person; and, (e) to monitor the clearing of minefields and obstacles. 4. The Parties understand and agree that further directives from the NAC may establish additional duties and responsibilities for the IFOR in implementing this Annex. 5. The Parties understand and agree that the IFOR Commander shall have the authority, without interference or permission of any party, to do all that the Commander judges necessary and proper, including the use of military force, to protect the IFOR and to Icarry out the responsibilities listed above in paragraphs 2, 3 and 4, and they shall comply in all respects with the IFOR Srequirements. 6. The Parties understand and agree that in carrying out its responsibilities, the IFOR shall have the unimpeded right to observe, monitor, and inspect any Forces, facility or activity in Bosnia and Herzegovina that the IFOR believes may have military capability. The refusal, interference, or denial by any Party of this right to observe, monitor, and inspect by the IFOR shall constitute a breach of this Annex and the violating Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance with this Annex. 7. The Army of the Republic of Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of Republika Srpska shall establish Command Posts at IFOR brigade, battalion, or other Revels which shall be co-located with specific IFOR command Vocations, as determined by the IFOR Commander. These Command Posts shall exercise command and control over all Forces of their respective sides which are located within ten (10) kilometers of the Agreed Cease-Fire Line or Inter-Entity Boundary Line, as specified by the IFOR. The Command Posts shall provide, at the request of the IFOR, timely status reports on organizations and troop levels in their areas. 8. In addition to co-located Command Posts, the Army of the Republic of Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of Republika Srpska shall maintain liaison teams to be co located with the IFOR Command, as determined by the IFOR Commander, for the purpose of fostering communication, and preserving the overall cessation of hostilities. 9. Air and surface movements in Bosnia and Herzegovina shall be governed by the following provisions: (a) The IFOR shall have complete and unimpeded freedom of movement by ground, air, and water throughout Bosnia and Herzegovina. It shall have the right to bivouac, maneuver, billet, and utilize any areas or facilities to carry out its responsibilities as required for its support, training, and operations, with such advance notice as may be practicable. The IFOR and its personnel shall not be liable for any damages to civilian or government property caused by combat or combat related activities. Roadblocks, checkpoints or other impediments to IFOR freedom of movement shall constitute a breach of this Annex and the violating Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance with this Annex. (b) The IFOR Commander shall have sole authority to establish rules and procedures governing command and control of airspace over Bosnia and Herzegovina to enable civilian air traffic and non-combat air activities by the military or civilian authorities in Bosnia and Herzegovina, or if necessary to terminate civilian air traffic and non-combat air activities. (1) The Parties understand and agree there shall be no military air traffic, or non-military aircraft performing military missions, including reconnaissance or logistics, without the express permission of the IFOR Commander. The only military aircraft that may be authorized to fly in Bosnia and Herzegovina are those being flown in support of the IFOR, except with the express permission of the IFOR. Any flight activities by military fixed-wing or helicopter aircraft within Bosnia and Herzegovina without the express permission of the IFOR Commander are subject to military action by the IFOR, including the use of necessary force to ensure compliance. (2) All air early warning air defense, or fire control radars shall be shut down within 72 hours after this Annex enters into force, and shall remain inactive unless authorized by the IFOR Commander. Any use of air traffic, air early warning, air defense or fire control radars not authorized by the IFOR Commander shall constitute a breach of this Annex and the violating Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance. (3) The Parties understand and agree that the IFOR Commander will implement the transfer to civilian control of air IFOR Commander or As or her representative and consist of the following members: (a) the senior military commander of the forces of each Partv within Bosnia and Herzegovina; (b) other persons as the Chairman may determine; (c) each Party to this Annex may also select two civilians shall advise the Commission in carrying out its duties; (d) the High Representative referred to in the General Framework Agreement or his or her nominated representative shall attend Commission meetings, and offer advice L particularly on matters of a political-military nature. 4. The Commission shall not include any persons who are now who come under indictment by the International Tribunal for the rmer Yugoslavia. 5. The Commission shall function as a consultative body for IFOR Commander. To the extent possible, problems shall be solved promptly by mutual agreement. However, all final decisions concerning its military matters shall be made by the IFOR Commander. 6. The Commission shall meet at the call of the IFOR Commander. The High Representative may when necessary request a meeting of the Commission. The Parties may also request a meeting of the Comission. 7. The IFOR Commander shall have the right to decide on military matters, in a timely fashion, when there are overriding considerations relating to the safety of the IFOR or the Parties' compliance with the provisions of this Annex. 8. The Commission shall establish subordinate military commissions for the purpose of providing assistance in carrying DUt the functions described above. Such commissions shall be at :he brigade and battalion level or at other echelons as the local IFOR Comnander shall direct and be composed of commanders from Mach of the Parties and the IFOR. The representative of the High representative shall attend and offer advice particularly on atters of a political-military nature. The local IFOR Commander hall invite local civilian authorities when appropriate. 9. Appropriate liaison arrangements will be established between the IFOR Commander and the High Representative to acilitate the discharge of their respective responsibilities. Article IX |