Security Council resolution 1639 (2005) [on the establishment of a multinational stabilization force (EUFOR) as a legal successor to SFOR in Bosnia and Herzegovina under unified command and control]
Symbol: S/RES/1639(2005)
Date: 2005-11-21
Status: adopted
Agenda: S/60 [60] FORMER YUGOSLAVIA SITUATION
S/60 [62] BOSNIA AND HERZEGOVINA SITUATION
S/60 [64] STABILIZATION FORCE
Subjects: International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991|High Representative for the Implementation of the Peace Agreement on Bosnia and Herzegovina|EUFOR|NATO|Stabilization Force|UN. Security Council > Resolutions and decisions|European Union|UN. General Assembly. 1st Committee|Council of the European Union|EU Police Mission|Peace Implementation Conference (1997 : Bonn, Germany)|Peace Implementation Conference. Ministerial Meeting|Peace Implementation Conference (1996 : London)|General Framework Agreement for Peace in Bosnia and Herzegovina (1995)|Charter of the United Nations (1945). Chapter VII|PEACE TREATIES|INTERNAL SECURITY|PEACEKEEPING OPERATIONS|AIRSPACE|BOSNIA AND HERZEGOVINA|BOSNIA AND HERZEGOVINA SITUATION|INTERNATIONAL OBLIGATIONS|DONOR COUNTRIES|CIVIL SOCIETY|FORMER YUGOSLAVIA SITUATION|REPATRIATION|REFUGEES FROM BOSNIA AND HERZEGOVINA|DISPLACED PERSONS|TRIALS|AIR TRANSPORT|FREEDOM OF MOVEMENT|COOPERATION BETWEEN ORGANIZATIONS|PERIODIC REPORTS|TRANSIT COUNTRIES|POLICE|REPORT PREPARATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALGERIA
vote: yes
country: ARGENTINA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                 S/RES/1639 (2005)
               Security Council                                               Distr.: General
                                                                              21 November 2005




               Resolution 1639 (2005)
               Adopted by the Security Council at its 5307th meeting, on
               21 November 2005

                    The Security Council,
                    Recalling all its previous relevant resolutions concerning the conflicts in the
               former Yugoslavia and relevant statements of its President, including resolutions
               1031 (1995) of 15 December 1995, 1088 (1996) of 12 December 1996, 1423 (2002)
               of 12 July 2002, 1491 (2003) of 11 July 2003, 1551 (2004) of 9 July 2004 and 1575
               (2004) of 22 November 2004,
                     Reaffirming its commitment to the political settlement of the conflicts in the
               former Yugoslavia, preserving the sovereignty and territorial integrity of all States
               there within their internationally recognized borders,
                    Emphasizing its full support for the High Representative’s continued role in
               Bosnia and Herzegovina,
                     Underlining its commitment to support the implementation of the General
               Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes
               thereto (collectively the Peace Agreement, S/1995/999, annex), as well as the
               relevant decisions of the Peace Implementation Council (PIC),
                     Recalling all the agreements concerning the status of forces referred to in
               Appendix B to Annex 1-A of the Peace Agreement, and reminding the parties of
               their obligation to continue to comply therewith,
                    Further recalling the provisions of its resolution 1551 (2004) concerning the
               provisional application of the status of forces agreements contained in Appendix B
               to Annex 1-A of the Peace Agreement,
                    Emphasizing its appreciation to the High Representative, the Commander and
               personnel of the multinational stabilization force (EUFOR), the Senior Military
               Representative and personnel of the NATO Headquarters Sarajevo, the Organization
               for Security and Cooperation in Europe (OSCE), the European Union (EU) and the
               personnel of other international organizations and agencies in Bosnia and
               Herzegovina for their contributions to the implementation of the Peace Agreement,
                     Emphasizing that a comprehensive and coordinated return of refugees and
               displaced persons throughout the region continues to be crucial to lasting peace,


05-61329 (E)
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S/RES/1639 (2005)


                    Recalling the declarations of the Ministerial meetings of the Peace
               Implementation Conference,
                     Recognizing that full implementation of the Peace Agreement is not yet
               complete, while paying tribute to the achievements of the authorities at State and
               entity level in Bosnia and Herzegovina and of the international community in the
               ten years since the signing of the Peace Agreement,
                     Emphasizing the importance of Bosnia and Herzegovina’s progress towards
               Euro-Atlantic integration on the basis of the Peace Agreement, while recognizing
               the importance of Bosnia and Herzegovina’s transition to a functional, reformoriented, modern and democratic European country,
                    Noting the reports of the High Representative, including his latest report of
               14 October 2005 (S/2005/698, annex),
                     Determined to promote the peaceful resolution of the conflicts in accordance
               with the purposes and principles of the Charter of the United Nations,
                    Recalling the relevant principles contained in the Convention on the Safety of
               United Nations and Associated Personnel adopted on 9 December 1994 and the
               statement of its President on 10 February 2000 (S/PRST/2000/4),
                    Welcoming and encouraging efforts by the United Nations to sensitize
               peacekeeping personnel in the prevention and control of HIV/AIDS and other
               communicable diseases in all its peacekeeping operations,
                    Taking note of the conclusions of EU Foreign Ministers at their meeting of
               13 June, which refer to the requirement for EUFOR to remain in Bosnia and
               Herzegovina beyond 2005, and confirm the EU’s intention to take the steps
               necessary to that end,
                    Recalling the letters between the European Union and NATO sent to the
               Security Council on 19 November 2004 on how those organizations will cooperate
               together in Bosnia and Herzegovina in which both organizations recognize that the
               EUFOR will have the main peace stabilization role under the military aspects of the
               Peace Agreement (S/2004/916; S/2004/915),
                     Further recalling the confirmation by the Presidency of Bosnia and
               Herzegovina, on behalf of Bosnia and Herzegovina, including its constituent
               entities, of the arrangements for EUFOR and the NATO Headquarters presence
               (S/2004/917),
                    Welcoming the European Union’s increased engagement in Bosnia and
               Herzegovina and the continued engagement of NATO,
                     Further welcoming tangible signs of Bosnia and Herzegovina’s progress
               towards the European Union, and, in particular, the decision by the EU to open
               negotiations with Bosnia and Herzegovina on a Stabilization and Association
               Agreement, and calling on the authorities in Bosnia and Herzegovina to implement
               in full their undertakings, including on police reform, as part of that process,
                     Determining that the situation in the region continues to constitute a threat to
               international peace and security,
                    Acting under Chapter VII of the Charter of the United Nations,




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     1.   Reaffirms once again its support for the Peace Agreement, as well as for
the Dayton Paris Agreement on implementing the Federation of Bosnia and
Herzegovina of 10 November 1995 (S/1995/1021, annex) and calls upon the parties
to comply strictly with their obligations under those Agreements;
      2.    Reiterates that the primary responsibility for the further successful
implementation of the Peace Agreement lies with the authorities in Bosnia and
Herzegovina themselves and that the continued willingness of the international
community and major donors to assume the political, military and economic burden
of implementation and reconstruction efforts will be determined by the compliance
and active participation by all the authorities in Bosnia and Herzegovina in
implementing the Peace Agreement and rebuilding a civil society, in particular in
full cooperation with the International Tribunal for the Former Yugoslavia, in
strengthening joint institutions, which foster the building of a fully functioning selfsustaining State, able to integrate itself into the European structures and in
facilitating returns of refugees and displaced persons;
     3.    Reminds the parties once again that, in accordance with the Peace
Agreement, they have committed themselves to cooperate fully with all entities
involved in the implementation of this peace settlement, as described in the Peace
Agreement, or which are otherwise authorized by the Security Council, including
the International Tribunal for the Former Yugoslavia, as it carries out its
responsibilities for dispensing justice impartially, and underlines that full
cooperation by States and entities with the International Tribunal includes, inter alia,
the surrender for trial or apprehension of all persons indicted by the Tribunal and
provision of information to assist in Tribunal investigations;
      4.    Emphasizes its full support for the continued role of the High
Representative in monitoring the implementation of the Peace Agreement and
giving guidance to and coordinating the activities of the civilian organizations and
agencies involved in assisting the parties to implement the Peace Agreement, and
reaffirms that under Annex 10 of the Peace Agreement the High Representative is
the final authority in theatre regarding the interpretation of civilian implementation
of the Peace Agreement and that in case of dispute he may give his interpretation
and make recommendations, and make binding decisions as he judges necessary on
issues as elaborated by the Peace Implementation Council in Bonn on 9 and
10 December 1997;
     5.    Expresses its support for the declarations of the Ministerial meetings of
the Peace Implementation Conference;
     6.    Reaffirms its intention to keep implementation of the Peace Agreement
and the situation in Bosnia and Herzegovina under close review, taking into account
the reports submitted pursuant to paragraphs 18 and 21 below, and any
recommendations those reports might include, and its readiness to consider the
imposition of measures if any party fails significantly to meet its obligations under
the Peace Agreement;
      7.   Recalls the support of the authorities of Bosnia and Herzegovina for the
EU force and the continued NATO presence and their confirmation that both are the
legal successors to SFOR for the fulfilment of their missions for the purposes of the
Peace Agreement, its Annexes and Appendices and relevant United Nations Security
Council resolutions and can take such actions as are required, including the use of



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               force, to ensure compliance with Annexes 1-A and 2 of the Peace Agreement and
               relevant United Nations Security Council resolutions;
                     8.   Pays tribute to those Member States which participated in the
               multinational stabilization force (EUFOR), and in the continued NATO presence,
               established in accordance with its resolution 1575 (2004), and welcomes their
               willingness to assist the Parties to the Peace Agreement by continuing to deploy a
               multinational stabilization force (EUFOR) and by maintaining a continued NATO
               presence;
                    9.   Welcomes the EU’s intention to maintain an EU military operation to
               Bosnia and Herzegovina from November 2005;
                    10. Authorizes the Member States acting through or in cooperation with the
               EU to establish for a further period of 12 months, starting from the date of the
               adoption of this resolution, a multinational stabilization force (EUFOR) as a legal
               successor to SFOR under unified command and control, which will fulfil its
               missions in relation to the implementation of Annex 1-A and Annex 2 of the Peace
               Agreement in cooperation with the NATO Headquarters presence in accordance with
               the arrangements agreed between NATO and the EU as communicated to the
               Security Council in their letters of 19 November 2004, which recognize that the
               EUFOR will have the main peace stabilization role under the military aspects of the
               Peace Agreement;
                     11. Welcomes the decision of NATO to continue to maintain a presence in
               Bosnia and Herzegovina in the form of a NATO Headquarters in order to continue to
               assist in implementing the Peace Agreement in conjunction with EUFOR and
               authorizes the Member States acting through or in cooperation with NATO to
               continue to maintain a NATO Headquarters as a legal successor to SFOR under
               unified command and control, which will fulfil its missions in relation to the
               implementation of Annex 1-A and Annex 2 of the Peace Agreement in cooperation
               with EUFOR in accordance with the arrangements agreed between NATO and the
               EU as communicated to the Security Council in their letters of 19 November 2004,
               which recognize that EUFOR will have the main peace stabilization role under the
               military aspects of the Peace Agreement;
                     12. Reaffirms that the Peace Agreement and the provisions of its previous
               relevant resolutions shall apply to and in respect of both EUFOR and the NATO
               presence as they have applied to and in respect of SFOR and that therefore
               references in the Peace Agreement, in particular in Annex 1-A and its appendices,
               and relevant resolutions to IFOR and/or SFOR, NATO and the NAC shall be read as
               applying, as appropriate, to the NATO presence, EUFOR, the European Union and
               the Political and Security Committee and Council of the European Union
               respectively;
                    13. Expresses its intention to consider the terms of further authorization as
               necessary in the light of developments in the implementation of the Peace
               Agreement and the situation in Bosnia and Herzegovina;
                     14. Authorizes the Member States acting under paragraphs 10 and 11 above
               to take all necessary measures to effect the implementation of and to ensure
               compliance with Annexes 1-A and 2 of the Peace Agreement, stresses that the
               parties shall continue to be held equally responsible for the compliance with that
               Annex and shall be equally subject to such enforcement action by EUFOR and the


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NATO presence as may be necessary to ensure implementation of those Annexes
and the protection of EUFOR and the NATO presence;
      15. Authorizes Member States to take all necessary measures, at the request
of either EUFOR or the NATO Headquarters, in defence of the EUFOR or NATO
presence respectively, and to assist both organizations in carrying out their missions,
and recognizes the right of both EUFOR and the NATO presence to take all
necessary measures to defend themselves from attack or threat of attack;
      16. Authorizes the Member States acting under paragraphs 10 and 11 above,
in accordance with Annex 1-A of the Peace Agreement, to take all necessary
measures to ensure compliance with the rules and procedures governing command
and control of airspace over Bosnia and Herzegovina with respect to all civilian and
military air traffic;
     17. Demands that the parties respect the security and freedom of movement
of EUFOR, the NATO presence, and other international personnel;
     18. Requests the Member States acting through or in cooperation with the EU
and the Member States acting through or in cooperation with NATO to report to the
Council on the activity of EUFOR and NATO Headquarters presence respectively,
through the appropriate channels and at least at three-monthly intervals;
      19. Invites all States, in particular those in the region, to continue to provide
appropriate support and facilities, including transit facilities, for the Member States
acting under paragraphs 10 and 11 above;
     20. Reiterates its appreciation for the deployment by the EU of its Police
Mission (EUPM) to Bosnia and Herzegovina since 1 January 2003;
     21. Also requests the Secretary-General to continue to submit to the Council
reports from the High Representative, in accordance with Annex 10 of the Peace
Agreement and the conclusions of the Peace Implementation Conference held in
London on 4 and 5 December 1996 (S/1996/1012), and later Peace Implementation
Conferences, on the implementation of the Peace Agreement and in particular on
compliance by the parties with their commitments under that Agreement;
     22.   Decides to remain seized of the matter.




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