Security Council resolution 820 (1993) [on the peace plan for Bosnia and Herzegovina and the strengthening of the measures imposed by the earlier resolutions on the situation in the former Yugoslavia]
Symbol: S/RES/820(1993)
Date: 1993-04-17
Status: adopted
Agenda: S/48 [98] FORMER YUGOSLAVIA SITUATION
S/48 [105] BOSNIA AND HERZEGOVINA SITUATION
Subjects: UN Protection Force|UN. Security Council Committee Established pursuant to Resolution 724 (1991) concerning Yugoslavia|International Conference on the Former Yugoslavia|European Community Monitoring Mission|Conference on Security and Co-operation in Europe|Charter of the United Nations (1945). Chapter VII|Vance-Owen Peace Plan for the Republic of Bosnia and Herzegovina (1993)|CONSTITUTIONS|POLITICAL PARTIES|SERBS|CEASEFIRES|PEACEKEEPING OPERATIONS|HUMANITARIAN ASSISTANCE|DETAINED PERSONS|WOMEN|PROPERTY|DISPLACED PERSONS|EXPORTS|IMPORTS|RECONSTRUCTION|BOSNIA AND HERZEGOVINA|TRANSSHIPMENT|CROATIA|INLAND WATER TRANSPORT|DANUBE RIVER|SANCTIONS|FROZEN ASSETS|BOUNDARIES|PORTS|TRANSSHIPMENT|HUMANITARIAN ASSISTANCE|FOOD SUPPLY|TELECOMMUNICATIONS|POSTAL SERVICES|MARITIME TRAFFIC|YUGOSLAVIA|BOSNIA AND HERZEGOVINA SITUATION|FREEDOM OF MOVEMENT|STAFF SECURITY|ETHNIC CLEANSING|HUMAN RIGHTS IN ARMED CONFLICTS|MEDICAL SUPPLIES|SHIPS|AIRCRAFT|NOTIFICATION (INTERNATIONAL RELATIONS)|CONFISCATIONS|FORMER YUGOSLAVIA SITUATION|UNITED NATIONS PROTECTED AREAS
Votes in favour: 13
Votes against: 0
Abstentions: 2
Voting record:
country: BRAZIL
vote: yes
country: CAPE VERDE
vote: yes
country: CHINA
vote: abstention
country: DJIBOUTI
vote: yes
country: FRANCE
vote: yes
country: HUNGARY
vote: yes
country: JAPAN
vote: yes
country: MOROCCO
vote: yes
country: NEW ZEALAND
vote: yes
country: PAKISTAN
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA
vote: yes

RESOLUTION 820 (1993)

Adopted by the Security Council at its 3200th meeting,
on 17 April 1993

The Security Council,
Reaffirming all its earlier relevant resolutions,

Having considered the reports of the Secretary-General on the peace talks
held by the Co-Chairmen of the Steering Committee of the International
Conference on the Former Yugoslavia (S/25221, S/25248, S/25403 and S/25479),

Reaffirming the need for a lasting peace settlement to be signed by all
of the Bosnian parties,

Reaffirming the sovereignty, territorial integrity and political
independence of the Republic of Bosnia and Herzegovina,

Reaffirming once again that any taking of territory by force or any
practice of "ethnic cleansing" is unlawful and totally unacceptable, and

insisting that all displaced persons be enabled to return in peace to their
former homes,

Reaffirming in this regard its resolution 808 (1993) in which it decided
that an international tribunal shall be established for the prosecution of
persons responsible for serious violations of international humanitarian law
committed in the territory of the former Yugoslavia since 1991 and requested
the Secretary-General to submit a report at the earliest possible date,

Deeply alarmed and concerned about the magnitude of the plight of
innocent victims of the conflict in the Republic of Bosnia and Herzegovina,

Expressing its condemnation of all the activities carried out in
violation of resolutions 757 (1992) and 787 (1992) between the territory of
the Federal Republic of Yugoslavia (Serbia and Montenegro) and Serb-controlled
areas in the Republic of Croatia and the Republic of Bosnia and Herzegovina,

Deeply concerned by the position of the Bosnian Serb party as reported in
paragraphs 17, 18 and 19 of the report of the Secretary-General of
26 March 1993 (S/25479),

Recalling the provisions of Chapter VIII of the Charter of the United
Nations,

A

1. Commends the peace plan for Bosnia and Herzegovina in the form
agreed to by two of the Bosnian parties and set out in the report of the
Secretary-General of 26 March 1993 (S/25479), namely the Agreement on Interim
Arrangements (annex I), the nine Constitutional Principles (annex II), the
provisional provincial map (annex III) and the Agreement for Peace in Bosnia
and Herzegovina (annex IV);

2. Welcomes the fact that this plan has now been accepted in full by
two of the Bosnian parties;

3. Expresses its grave concern at the refusal so far of the Bosnian
Serb party to accept the Agreement on Interim Arrangements and the provisional
provincial map, and calls on that party to accept the peace plan in full;

4. Demands that all parties and others concerned continue to observe
the cease-fire and refrain from any further hostilities;

5. Demands full respect for the right of the United Nations Protection
Force (UNPROFOR) and the international humanitarian agencies to free and
unimpeded access to all areas in the Republic of Bosnia and Herzegovina, and
that all parties, in particular the Bosnian Serb party and others concerned,
cooperate fully with them and take all necessary steps to ensure the safety of
their personnel;

6. Condemns once again all violations of international humanitarian
law, including in particular the practice of "ethnic cleansing” and the
massive, organized and systematic detention and rape of women, and reaffirms
that those who commit or have committed or order or have ordered the
commission of such acts will be held individually responsible in respect of
such acts;

7. Reaffirms its endorsement of the principles that all statements or
commitments made under duress, particularly those relating to land and
property, are wholly null and void and that all displaced persons have the
right to return in peace to their former homes and should be assisted to do so;

8. Declares its readiness to take all the necessary measures to assist
the parties in the effective implementation of the peace plan once it has been
agreed in full by all the parties, and requests the Secretary-General to
submit to the Council at the earliest possible date, and if possible not later
than nine days after the adoption of the present resolution, a report
containing an account of the preparatory work for the implementation of the
proposals referred to in paragraph 28 of the Secretary-General's report of
26 March 1993 (S/25479) and detailed proposals for the implementation of the
peace plan, including arrangements for the effective international control of
heavy weapons, based inter alia on consultations with Member States, acting
nationally or through regional organizations or arrangements;

9. Encourages Member States, acting nationally or through regional
organizations or arrangements, to cooperate effectively with the
Secretary-General in his efforts to assist the parties in implementing the
peace plan in accordance with paragraph 8 above;

B

Determined to strengthen the implementation of the measures imposed by
its earlier relevant resolutions,

Acting under Chapter VII of the Charter of the United Nations,

10. Decides that the provisions set forth in paragraphs 12 to 30 below
shall, to the extent that they establish obligations beyond those established
by its earlier relevant resolutions, come into force nine days after the date
of the adoption of the present resolution unless the Secretary-General has
reported to the Council that the Bosnian Serb party has joined the other
parties in signing the peace plan and in implementing it and that the Bosnian
Serbs have ceased their military attacks;

11. Decides further that if, at any time after the submission of the
above-mentioned report of the Secretary-General, the Secretary-General reports
to the Council that the Bosnian Serbs have renewed their military attacks or
failed to comply with the peace plan, the provisions set forth in
paragraphs 12 to 30 below shall come into force immediately;

12. Decides that import to, export from and transshipment through the
United Nations Protected Areas in the Republic of Croatia and those areas of
the Republic of Bosnia and Herzegovina under the control of Bosnian Serb
forces, with the exception of essential humanitarian supplies including
medical supplies and foodstuffs distributed by international humanitarian
agencies, shall be permitted only with proper authorization from the
Government of the Republic of Croatia or the Government of the Republic of
Bosnia and Herzegovina respectively;

13. Decides that all States, in implementing the measures imposed by
resolutions 757 (1992), 760 (1992), 787 (1992) and the present resolution,
shall take steps to prevent diversion to the territory of the Federal Republic
of Yugoslavia (Serbia and Montenegro) of commodities and products said to be
destined for other places, in particular the United Nations Protected Areas in
the Republic of Croatia and those areas of the Republic of Bosnia and
Herzegovina under the control of Bosnian Serb forces;

14. Demands that all parties and others concerned cooperate fully with
UNPROFOR in the fulfilment of its immigration and customs control functions
deriving from resolution 769 (1992);

15. Decides that transshipments of commodities and products through the
Federal Republic of Yugoslavia (Serbia and Montenegro) on the Danube shall be
permitted only if specifically authorized by the Committee established by
resolution 724 (1991) and that each vessel so authorized must be subject to
effective monitoring while passing along the Danube between Vidin/Calafat and
Mohacs;

16. Confirms that no vessels (a) registered in the Federal Republic of
Yugoslavia (Serbia and Montenegro) or (b) in which a majority or controlling
interest is held by a person or undertaking in or operating from the Federal
Republic of Yugoslavia (Serbia and Montenegro) or (c) suspected of having
violated or being in violation of resolutions 713 (1991), 757 (1992),
787 (1992) or the present resolution shall be permitted to pass through
installations, including river locks or canals within the territory of Member
States, and calls upon the riparian States to ensure that adequate monitoring
is provided to all cabotage traffic involving points that are situated between
Vidin/Calafat and Mohacs;

17. Reaffirms the responsibility of riparian States to take necessary
measures to ensure that shipping on the Danube is in accordance with
resolutions 713 (1991), 757 (1992), 787 (1992) and the present resolution,
including any measures under the authority of the Security Council to halt or
otherwise control all shipping in order to inspect and verify their cargoes
and destinations, to ensure effective monitoring and to ensure strict
implementation of the relevant resolutions, and reiterates its request in
resolution 787 (1992) to all States, including non-riparian States, to
provide, acting nationally or through regional organizations or arrangements,
such assistance as may be required by the riparian States, notwithstanding the
restrictions on navigation set out in the international agreements which apply
to the Danube;

18. Requests the Committee established by resolution 724 (1991) to make
periodic reports to the Security Council on information submitted to the
Committee regarding alleged violations of the relevant resolutions,
identifying where possible persons or entities, including vessels, reported to
be engaged in such violations;

19. Reminds States of the importance of strict enforcement of measures
imposed under Chapter VII of the Charter, and calls upon them to bring
proceedings against persons and entities violating the measures imposed by
resolutions 713 (1991), 757 (1992), 787 (1992) and the present resolution and
to impose appropriate penalties;

20. Welcomes the role of the international Sanctions Assistance Missions
in support of the implementation of the measures imposed under resolutions
713 (1991), 757 (1992), 787 (1992) and the present resolution and the
appointment of the Sanctions Coordinator by the Conference on Security and
Cooperation in Europe and invites the Sanctions Coordinator and the Sanctions
Assistance Missions to work in close cooperation with the Committee
established by resolution 724 (1991);

21. Decides that States in which there are funds, including any funds
derived from property, (a) of the authorities in the Federal Republic of
Yugoslavia (Serbia and Montenegro), or (b) of commercial, industrial or public
utility undertakings in the Federal Republic of Yugoslavia (Serbia and
Montenegro), or (c) controlled directly or indirectly by such authorities or
undertakings or by entities, wherever located or organized, owned or
controlled by such authorities or undertakings, shall require all persons and
entities within their own territories holding such funds to freeze them to
ensure that they are not made available directly or indirectly to or for the
benefit of the authorities in the Federal Republic of Yugoslavia (Serbia and
Montenegro) or to any commercial, industrial or public utility undertaking in
the Federal Republic of Yugoslavia (Serbia and Montenegro), and calls on all
States to report to the Committee established by resolution 724 (1991) on
actions taken pursuant to this paragraph;

22. Decides to prohibit the transport of all commodities and products
across the land borders or to or from the ports of the Federal Republic of
Yugoslavia (Serbia and Montenegro), the only exceptions being:

(a) The importation of medical supplies and foodstuffs into the Federal
Republic of Yugoslavia (Serbia and Montenegro) as provided for in resolution
757 (1992), in which connection the Committee established by resolution
724 (1991) will draw up rules for monitoring to ensure full compliance with
this and other relevant resolutions;

(b) The importation of other essential humanitarian supplies into the
Federal Republic of Yugoslavia (Serbia and Montenegro) approved on a
case-by-case basis under the no-objection procedure by the Committee
established by resolution 724 (1991);

(c) Strictly limited transshipments through the territory of the Federal
Republic of Yugoslavia (Serbia and Montenegro), when authorized on an
exceptional basis by the Committee established by resolution 724 (1991),
provided that nothing in this paragraph shall affect transshipment on the
Danube in accordance with paragraph 15 above;

23. Decides that each State neighbouring the Federal Republic of
Yugoslavia (Serbia and Montenegro) shall prevent the passage of all freight
vehicles and rolling stock into or out of the Federal Republic of Yugoslavia
(Serbia and Montenegro), except at a strictly limited number of road and rail
border crossing points, the location of which shall be notified by each
neighbouring State to the Committee established by resolution 724 (1991) and
approved by the Committee;

24. Decides that all States shall impound all vessels, freight vehicles,
rolling stock and aircraft in their territories in which a majority or
controlling interest is held by a person or undertaking in or operating from
the Federal Republic of Yugoslavia (Serbia and Montenegro) and that these
vessels, freight vehicles, rolling stock and aircraft may be forfeit to the
seizing State upon a determination that they have been in violation of
resolutions 713 (1991), 757 (1992), 787 (1992) or the present resolution;

25. Decides that all States shall detain pending investigation all
vessels, freight vehicles, rolling stock, aircraft and cargoes found in their
territories and suspected of having violated or being in violation of
resolutions 713 (1991), 757 (1992), 787 (1992) or the present resolution, and
that, upon a determination that they have been in violation, such vessels,
freight vehicles, rolling stock and aircraft shall be impounded and, where
appropriate, they and their cargoes may be forfeit to the detaining State;

26. Confirms that States may charge the expense of impounding vessels,
freight vehicles, rolling stock and aircraft to their owners;

27. Decides to prohibit the provision of services, both financial and
non-financial, to any person or body for purposes of any business carried on
in the Federal Republic of Yugoslavia (Serbia and Montenegro) the only
exceptions being telecommunications, postal services, legal services
consistent with resolution 757 (1992) and, as approved, on a case-by-case
basis by the Committee established by resolution 724 (1991), services whose
supply may be necessary for humanitarian or other exceptional purposes;

28. Decides to prohibit all commercial maritime traffic from entering
the territorial sea of the Federal Republic of Yugoslavia (Serbia and
Montenegro) except when authorized on a case-by-case basis by the Committee
established by resolution 724 (1991) or in case of force majeure;

29. Reaffirms the authority of States acting under paragraph 12 of
resolution 787 (1992) to use such measures commensurate with the specific
circumstances as may be necessary under the authority of the Security Council
to enforce the present resolution and its other relevant resolutions,
including in the territorial sea of the Federal Republic of Yugoslavia (Serbia
and Montenegro) ;

30. Confirms that the provisions set forth in paragraphs 12 to 29 above,
strengthening the implementation of the measures imposed by its earlier
relevant resolutions, do not apply to activities related to UNPROFOR, the
International Conference on the Former Yugoslavia or the European Community
Monitor Mission;

c

Desirous of achieving the full readmittance of the Federal Republic of
Yugoslavia (Serbia and Montenegro) to the international community once it has
fully implemented the relevant resolutions of the Council,

31. Expresses its readiness, after all three Bosnian parties have
accepted the peace plan and on the basis of verified evidence, provided by the
Secretary-General, that the Bosnian Serb party is cooperating in good faith in
effective implementation of the plan, to review all the measures in the
present resolution and its other relevant resolutions with a view to gradually
lifting them;

32. Invites all States to consider what contribution they can make to
the reconstruction of the Republic of Bosnia and Herzegovina;

33. Decides to remain actively seized of the matter.