Security Council resolution 2074 (2012) [on authorization of the establishment of a multinational stabilization force (EUFOR ALTHEA) as a legal successor to SFOR under unified command and control for a period of 12 months]
Symbol: S/RES/2074 (2012)
Date: 2012-11-14
Status: adopted
Agenda: S/67 [62] BOSNIA AND HERZEGOVINA SITUATION
S/67 [60] FORMER YUGOSLAVIA SITUATION
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|Agreement on Implementing the Federation of Bosnia and Herzegovina (1995)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|PEACEBUILDING|AIRSPACE|STAFF SECURITY|BOSNIA AND HERZEGOVINA|BOSNIA AND HERZEGOVINA SITUATION|FORMER YUGOSLAVIA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                 S/RES/2074 (2012)
               Security Council                                               Distr.: General
                                                                              14 November 2012




               Resolution 2074 (2012)
               Adopted by the Security Council at its 6861st meeting, on
               14 November 2012

                    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, 1575
               (2004) of 22 November 2004, 1639 (2005) of 21 November 2005, 1722 (2006) of
               21 November 2006, 1764 (2007) of 29 June 2007, 1785 (2007) of 21 November
               2007, 1845 (2008) of 20 November 2008, 1869 (2009) of 25 March 2009, 1895
               (2009) of 18 November 2009, 1948 (2010) of 18 November 2010, and 2019 (2011)
               of 16 November 2011,
                     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 ALTHEA), 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


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               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,
                    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
               seventeen years since the signing of the Peace Agreement,
                    Recognizing that the security environment has remained calm and stable, and
               noting that the Bosnia and Herzegovina authorities have so far proven capable to
               deal with threats to the safe and secure environment,
                     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, reform
               oriented, modern and democratic European country,
                    Noting the reports of the High Representative, including his latest report of
               6 November 2012,
                     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,
                     Welcoming the reconfiguration of EUFOR ALTHEA, completed in September
               2012, with a reduced number of forces based in Bosnia and Herzegovina
               successfully focusing on capacity-building and training while also retaining the
               capability to contribute to the Bosnia and Herzegovina authorities’ deterrence
               capacity if the situation so requires, as well as the EU’s readiness, as confirmed in
               the conclusions of EU Foreign Ministers on 15 October 2012, to continue at this
               stage an executive military role to support Bosnia and Herzegovina’s efforts to
               maintain the safe and secure environment, under a renewed United Nations mandate,
               and also welcoming the EU’s willingness to continue discussions with the
               international community on the reconfiguration of the international presence in the
               appropriate forum,
                    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 ALTHEA will have the main peace stabilization role under the military
               aspects of the Peace Agreement (S/2004/916; S/2004/915),




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                 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 ALTHEA and the NATO Headquarters
           presence (S/2004/917),
                Welcoming the European Union’s increased engagement and reinforced role in
           Bosnia and Herzegovina and the continued engagement of NATO,
                 Welcoming the outcomes of the PIC Steering Board meeting held in Sarajevo
           on 22 and 23 May 2012, including the endorsement of the decision to close the
           Brcko Final Award Office, while reiterating once again its calls on the authorities in
           Bosnia and Herzegovina to complete the 5+2 agenda, which remains necessary for
           OHR closure, including issues of State and Defence property, as also confirmed by
           the PIC Steering Board communiqué of 23 May 2012,
                 Calling on all Bosnia and Herzegovina’s political leaders to refrain from
           divisive rhetoric and make further concrete and tangible progress towards EU
           integration,
                 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,
                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 in this regard that
           States and entities should cooperate fully with the International Tribunal, including
           through the provision of information to assist the Tribunal in its work, as well as
           with the International Residual Mechanism for Criminal Tribunals;
                 4.    Emphasizes its full support for the 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


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               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
               EUFOR ALTHEA 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 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 ALTHEA), and in the continued NATO
               presence, established in accordance with its resolution 1575 (2004) and extended
               with its resolutions 1639 (2005), 1722 (2006), 1785 (2007), 1845 (2008), 1895
               (2009), 1948 (2010), and 2019 (2011) and welcomes their willingness to assist the
               Parties to the Peace Agreement by continuing to deploy a multinational stabilization
               force (EUFOR ALTHEA) and by maintaining a continued NATO presence;
                   9.  Welcomes the EU’s intention to maintain an EU military operation
               (EUFOR ALTHEA) in Bosnia and Herzegovina from November 2012;
                     10. Authorizes the Member States acting through or in cooperation with the
               EU to establish for a further period of twelve months, starting from the date of the
               adoption of this resolution, a multinational stabilization force (EUFOR ALTHEA) 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
               EUFOR ALTHEA 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 ALTHEA
               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


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           with EUFOR ALTHEA 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 ALTHEA 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 ALTHEA 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 ALTHEA, 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 ALTHEA and the
           NATO presence as may be necessary to ensure implementation of those annexes and
           the protection of EUFOR ALTHEA and the NATO presence;
                 15. Authorizes Member States to take all necessary measures, at the request
           of either EUFOR ALTHEA or the NATO Headquarters, in defence of the EUFOR
           ALTHEA or NATO presence respectively, and to assist both organizations in
           carrying out their missions, and recognizes the right of both EUFOR ALTHEA 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 ALTHEA, 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 ALTHEA 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. Welcomes the contribution made by the EU Police Mission (EUPM),
           completed on 30 June 2012, towards the strengthening of the rule of law in Bosnia
           and Herzegovina;


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                    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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