General Assembly

Distr. GENERAL  

18 December 1992

ORIGINAL:
ENGLISH

 
                                                 A/RES/47/121
                                                 91st plenary meeting
                                                 18 December 1992
 
                  The situation in Bosnia and Herzegovina
 
     The General Assembly,
 
     Having considered the item entitled "The situation in Bosnia and
Herzegovina",
 
     Taking note of the report of the Secretary-General,
 
     Reaffirming its resolution 46/242 of 25 August 1992,
 
     Recalling all the resolutions adopted by the Security Council regarding
the Republic of Bosnia and Herzegovina, and other parts of the former
Yugoslavia,
 
     Appreciating all the ongoing international efforts to restore peace in
the Republic of Bosnia and Herzegovina, particularly those efforts being
pursued by the United Nations, the European Community, the International
Conference on the Former Yugoslavia, the Conference on Security and
Cooperation in Europe and the Organization of the Islamic Conference,
 
     Commending the untiring efforts and bravery of the United Nations
Protection Force in securing relief operations in the Republic of Bosnia and
Herzegovina, as well as the efforts of the Office of the United Nations High
Commissioner for Refugees and other relief and humanitarian agencies, and
expressing its condemnation of the recent attacks on the United Nations
Protection Force in Sarajevo by Serbian forces resulting in loss of life and
injuries to some of its personnel,
 
     Taking note of the report of the Special Rapporteur of the Commission on
Human Rights on the situation of human rights in the territory of the former
Yugoslavia dated 6 November 1992, in which he stated, inter alia, that "ethnic
cleansing" did not appear to be the consequence of the war, but rather its
goal,
 
     Taking note also of the report of the Special Rapporteur dated 17
November 1992, in which he stated, inter alia, that another factor which had
contributed to the intensity of "ethnic cleansing" in areas under Serbian
control was the marked imbalance between the weaponry in the hands of the
Serbian and the Muslim population of Bosnia and Herzegovina,
 
     Gravely concerned about the deterioration of the situation in the
Republic of Bosnia and Herzegovina owing to intensified aggressive acts by the
Serbian and Montenegrin forces to acquire more territories by force,
characterized by a consistent pattern of gross and systematic violations of
human rights, a burgeoning refugee population resulting from mass expulsions
of defenceless civilians from their homes and the existence in Serbian and
Montenegrin controlled areas of concentration camps and detention centres, in
pursuit of the abhorrent policy of "ethnic cleansing", which is a form of
genocide,
 
     Strongly condemning Serbia and Montenegro and their surrogates in the
Republic of Bosnia and Herzegovina for their continued non-compliance with all
relevant United Nations resolutions,
 
     Deeply regretting that the sanctions imposed by the Security Council have
not had the desired effect of halting the aggressive acts by Serbian and
Montenegrin irregular forces and the direct and indirect support of the
Yugoslav People's Army for the aggressive acts in the Republic of Bosnia and
Herzegovina,
 
     Recalling that the Government of the Republic of Bosnia and Herzegovina
has accepted the constitutional principles proposed by the Co-Chairmen of the
International Conference on the Former Yugoslavia,
 
     Convinced that the situation in the Republic of Bosnia and Herzegovina
warrants the implementation of decisive actions under Chapter VII of the
Charter of the United Nations to oblige Serbia and Montenegro and their
surrogates in the Republic of Bosnia and Herzegovina to comply with the
relevant Security Council resolutions,
 
     Reaffirming the principle of the inadmissibility of the acquisition of
territory by force and the right of all Bosnian refugees to return to their
homes in conditions of safety and honour,
 
     Reaffirming also that the Republic of Bosnia and Herzegovina has the
inherent right to individual or collective self-defence in accordance with
Chapter VII, Article 51, of the Charter, until the Security Council has taken
the measures necessary to maintain international peace and security,
 
     Determined to restore peace in the Republic of Bosnia and Herzegovina as
well as to preserve its unity, sovereignty, political independence and
territorial integrity,
 
     1.   Reaffirms its support for the Government and people of the Republic
of Bosnia and Herzegovina in their just struggle to safeguard their
sovereignty, political independence, territorial integrity and unity;
 
     2.   Strongly condemns Serbia, Montenegro and Serbian forces in the
Republic of Bosnia and Herzegovina for violation of the sovereignty,
territorial integrity and political independence of the Republic of Bosnia and
Herzegovina, and their non-compliance with existing resolutions of the
Security Council and the General Assembly, as well as the London Peace Accords
of August 1992;
 
     3.   Demands that Serbia and Montenegro and Serbian forces in the
Republic of Bosnia and Herzegovina immediately cease their aggressive acts and
hostility and comply fully and unconditionally with the relevant resolutions
of the Security Council, in particular resolutions 752 (1992) of 15 May 1992,
757 (1992) of 30 May 1992, 770 (1992) and 771 (1992) of 13 August 1992, 781
(1992) of 9 October 1992 and 787 (1992) of 16 November 1992, General Assembly
resolution 46/242 and the London Peace Accords of August 1992;
 
     4.   Demands that, in accordance with Security Council resolution 752
(1992), all elements of the Yugoslav People's Army still in the territory of
the Republic of Bosnia and Herzegovina must be withdrawn immediately, or be
subject to the authority of the Government of the Republic of Bosnia and
Herzegovina, or be disbanded and disarmed with their weapons placed under
effective United Nations control;
 
     5.   Demands also that, in accordance with Security Council resolution
752 (1992), all elements of the Croatian Army that may be in the Republic of
Bosnia and Herzegovina and that are already not operating in accord with the
authority of the Government of the Republic of Bosnia and Herzegovina must be
withdrawn immediately, or be subject to the authority of that Government, or
be disbanded and disarmed with their weapons placed under effective United
Nations control;
 
     6.   Supports the consideration by the Security Council of the immediate
enforcement of Council resolution 781 (1992) banning all military flights over
the Republic of Bosnia and Herzegovina;
 
     7.   Urges the Security Council, within its responsibility to maintain
international peace and security, to again call upon the Serbian and
Montenegrin forces to comply with all relevant resolutions and to bring to an
end the aggressive acts against the Republic of Bosnia and Herzegovina, to
implement and enforce all existing resolutions with respect to the Republic of
Bosnia and Herzegovina and the former Yugoslavia and, specifically, further to
consider measures, including the following, on an urgent basis, but no later
than 15 January 1993:
 
     (a)  In the event that Serbian and Montenegrin forces fail to comply
fully with all relevant resolutions of the Security Council, under the
provisions of Chapter VII of the Charter of the United Nations, to authorize
Member States, in cooperation with the Government of the Republic of Bosnia
and Herzegovina, to use all necessary means to uphold and restore the
sovereignty, political independence, territorial integrity and unity of the
Republic of Bosnia and Herzegovina;
 
     (b)  To exempt the Republic of Bosnia and Herzegovina from the arms
embargo as imposed on the former Yugoslavia under Security Council resolution
713 (1991) of 25 September 1991;
 
     8.   Also urges the Security Council to consider taking measures to open
more airports/airfields for international humanitarian relief flights, to
pursue emergency airdrops as a stop-gap measure and to study the possibility
of and the requirements for the promotion of safe areas for humanitarian
purposes;
 
     9.   Further urges the Security Council to consider what resources may be
required to improve the implementation of all relevant resolutions, and calls
upon Member States to notify the Secretary-General regarding the availability
of personnel and materiel to assist and facilitate in this effort;
 
     10.  Urges the Security Council to consider recommending the
establishment of an ad hoc international war crimes tribunal to try and punish
those who have committed war crimes in the Republic of Bosnia and Herzegovina
when sufficient information has been provided by the Commission of Experts
established by Council resolution 780 (1992) of 6 October 1992;
 
     11.  Requests the Co-Chairmen of the International Conference on the
Former Yugoslavia to conclude expeditiously the work of the Working Group on
the Republic of Bosnia and Herzegovina, to report on the reasons for the lack
of progress and to submit proposals to overcome obstacles in the fulfilment of
their mandate by 18 January 1993;
 
     12.  Requests the Secretary-General to report to the General Assembly by
18 January 1993 on the implementation of the present resolution;
 
     13.  Decides to remain seized of the matter and to continue the
consideration of this item.