Notes / Documents points out that the International Court of Documents an increase in the ceiling for UNPROFOR's Justice recognized in its advisory opinion strength. concerning 'Reparations for Injuries Taking into account all relevant Security Suffered in the Service of the United Council resolutions, the overall authorized strength of the United Nations Confidence Nations' (1949) that the United Nations Further developments Restoration Force (UNCRO), the United must be deemed to have those powers Nations Preventive Deployment Force which, though not expressly provided in regarding ex-Yugoslavia (UNPREDEP) and UNPROFOR amounted on I the Charter, are conferred upon it by June 1995 to 44,870 all ranks. The actual Reproduced below are a letter of the current strength of those three forces and of the necessary implication of being essential to support elements assigned to United Nations the performance of its duties. In this Secretary-General to the Security Council Peace Forces headquarters (UNPF-HQ) context, special reference may also be from 9 June 1995, resolutions 998, of 16 amounted on I June to only some 40,000 all made to the advisory opinion concerning June 1995, and 1004, of 12 July 1995. ranks. However, I have already agreed to the 'Certain Expenses of the United Nations' In his letter, the Secretary-General informs addition of a number of support elements and the Security Council about the proposal of reinforcements proposed by other troop- (1962), in which the International Court of contributing Governments to enhance the Justice concluded that, when the UN the governments of France, the security of existing units in UNPROFOR. It undertook action that might be considered Netherlands and the United Kingdom to would thus not be possible to accommodate to be in pursuit of the purposes of the set up a rapid reaction force to reinforce any of the additional troops proposed by the UNPROFOR mandate and to enhance France, the Netherlands and the United Organization, such as the maintenance of Kingdom within the current ceiling. international peace and security, such the protection of its personnel. The idea to set up such a force is mainly a reaction to The troops proposed by those countries to action was not ultra vires. So, as the forces provide UNPF/UNPROFOR with a rapid contemplated by Articles 43 and 45 (this the hostage taking of UN soldiers by the reaction capability amount to about 15,000, of refers to national air-force contingents for Bosnian Serbs to deter NATO air strikes. whom 2,500 are already in theatre. In order combined international enforcement The exact description of the proposed therefore to incorporate these additional troops rapid reaction force is in the annex of the within UNPF/UNPROFOR, the Council would action) have not been established, it might need to increase the authorized troop levels by be considered essential to establish a letter, also documented below. In the 12,500. This figure includes the 4,000 troops in limited substitute Force which is able to course of his elaborations on the the French stand-by brigade but these would consequences arising out of an adoption of not be deployed unless and until their presence perform at least some of the functions in the theatre became necessary. assigned by the Charter to the missing the proposed measures, the Secretary- forces. Thus it seems possible to envisage General points out the need for an The proposed reinforcement of UNPROFOR augmentation of authorized personnel in would thus bring the total authorized strength the establishment and use of any type of of United Nations Peace Forces in the former UN permanent force (other than that based the former Yugoslavia to an overall Yugoslavia to 57,370 all ranks, made up as on Article 43) by the Security Council. number of 57,370 peacekeepers. follows: In Resolution 998, documented below, the UNPF-HQ R.S. Security Council decides to accept the Theatre support elements 43,530 offered rapid reaction force under the UNPROFOR preliminaries outlined by the proposing UNCRO 8,750 Notes UNPREDEP 1,090 countries. Stand-by Force in France 4,000 Resolution 1004 is in direct response to ' An updated version of this paper will be the Bosnian Serb's attack on the UN safe The proposal put forward by France, the published in the Proceedings of the ASIL/NCIR Netherlands and the United Kingdom would Joint Conference, to be published soon. area of Srebrenica. It demands the release address several aspects of the predicament in Nederlandse Staatscourant (Netherlands of captured UNPROFOR soldiers and calls which UNPROFOR currently finds itself. It to respect the Agreement of 18 April. would in particular provide the Commander of Official Journal), 28 September 1994, No. 186, UNPROFOR with well-armed and mobile �. 6. forces with which to respond promptly to The Netherlands Non-paper: A UN Rapid threats to United Nations personnel. It would Deployment Brigade - 'A Preliminary study', Document: S/1995/470 thus reduce the risk that increasing casualties Revised version, April 1995, pp. 38. Date : 9 June 1995 and harassment might cause the troop- 4 Brian Urquhart, For a UN Volunteer Military contributing Governments and the Security Force, in: New York Review of Books, 10 June Letter dated 9 June 1995 from the Council to consider withdrawal. But, as the 1993 pp. 3 - 4. Council has recognized, UNPROFOR's ability 5 Lord Owen, The Limits of UN Enforcement, Secretary-General addressed to the to carry out the tasks given to it by the Council President of the Security Council depends to a very large extent on the readiness The Fourth Cornelis van Vollenhoven Lecture, of the parties to cooperate with it. This would Leiden University, The Netherlands, 6 June remain the ease. In this connection, the three 1995, pp. 11 (The lecture will be published in I have the honour to refer to the report thatI presented to the Security Council on 30 May Governments have made it clear that their the Netherlands International Law Review 1995 concerning the United Nations Protection intention is that the reinforced UNPROFOR �1995) issue No. 2). Force (UNPROFOR) in Bosnia and would continue to be a peace-keeping mission. Supplement to An Agenda for Peace: Position Herzegovina and options for its future The proposed reinforcements would not alter Paper of the Secretary-General on the Occasion (S/1995/444). the fact that UNPROFOR cannot by itself end of the Fiftieth Anniversary of the United On 7 June 1995, a delegation consisting of the war in Bosnia and Herzegovina. Its role is Nations, UN Doc. A/50/60 S/1995/1 of 3 civilian and military officials from France, the to create conditions in which progress can be January 1995, especially p. 11 paras. 43 44. Netherlands and the United Kingdom of Great made towards a peaceful settlement, to help 7 louis B. Sohn, The Authority of the United Britain and Northern Ireland visited United implement agreements that are reached and to Nations to Establish and Maintain a Permanent support efforts to relieve the human suffering Nations Headquarters in New York to convey a created by the war. It is essential, therefore, as United Nations, in: American Journal of proposal by the Governments of those countries is recognized by the three Governments, that International Law (1958) pp. 229 - 240. to provide military reinforcements for the reinforcement of UNPROFOR should be UNPROFOR in order to reduce the accompanied by a determined effort to revive vulnerability of its personnel and to enhance its the peace process. In particular, it remains my capacity to carry out its existing mandate. An view, as stated in paragraph 67 of my report of agreed summary of the proposal is annexed to 30 May 1995, that decisions by the Council on the present letter. the future of UNPROFOR should be If the Security Council decides to accept this accompanied by a significant new political proposal it will be necessary for it to authorize initiative, possibly in a new format. In considering whether to recommend to the Their missions could include: emergency peace-keeping operation, and that the status of Security Council that it accept the proposed actions/responses to assist isolated or UNPROFOR and its impartiality will be reinforcement of UNPROFOR, notwithstanding threatened United Nations units; helping maintained, the substantial costs and risks involved, I have redeployment of elements of UNPROFOR; and had in mind the factors mentioned in the facilitating freedom of movement where Deeply concerned by the continuing armed closing paragraphs of my report of 30 May. necessary. hostilities in the territory of the Republic of Firstly, there is the humanitarian imperative. Bosnia and Herzegovina, Delivery of relief supplies has for nearly three The delegations of the three Governments Expressing its deep regret that the situation in years been the main focus of United Nations stated that: the Republic of Bosnia and Herzegovina has efforts in Bosnia and Herzegovina and a very (a) The RRF would be an integral part of the continued to deteriorate and that the parties great deal has been achieved. Secondly, there is existing United Nations peace-keeping were not able to agree to a further cease-fire the paramount need, repeatedly emphasized by operation (UNPF/C1NPROFOR); following the breakdown of the cease-fire the Council, to ensure the security of United (b) It would therefore require a Security agreement of 23 December 1994 (S/1995/8) Nations personnel who find themselves, I hope Council resolution expanding the authorized and its subsequent expiration on 1 May 1995, only temporarily, in a hostile environment in levels of the Force, and would be financed Gravely concerned that the regular obstruction Bosnia and Herzegovina. At the same time through normal United Nations peace-keeping of deliveries of humanitarian assistance, and there is, thirdly, the need to protect the assessments; the denial of the use of Sarajevo airport, by the credibility of the Organization and avoid giving Bosnian Serb side threaten the ability of the it tasks it cannot do or raising expectations that (c) The RRF would be under the existing United Nations in Bosnia and Herzegovina to it cannot fulfil. United Nations chain of command; it would carry out its mandate, On balance, and after careful reflection, I operate under the operational control of the believe that the proposed reinforcement of United Nations military commanders in the Condemning in the strongest possible terms all UNPROFOR will enhance the Force's ability to theatre, who would continue to be under the attacks by the parties on UNPROFOR continue its humanitarian efforts, with less overall direction of the Secretary-General and personnel, danger to its personnel than at present, and it is his Special Representative; Condemning also the increasing attacks on the on this basis that I recommend that the Security (d) The RRF would act in support of civilian population by Bosnian Serb forces, Council accept the proposal put forward by UNPROFOR, functioning within its existing France, the Netherlands and the United mandate; Determined to enhance the protection of Kingdom. I will shortly transmit to the Council UNPROFOR and to enable it to carry out its preliminary estimates of the cost of (e) The RRF would be available to United mandate, implementing the proposal. Nations military commanders for the defence of Noting the letter of 14 June 1995 (S/1995/483, United Nations personnel; the tasks assigned to annex) from the Foreign Minister of the I should be grateful if you would bring these it would he determined by the United Nations Republic of Bosnia and Herzegovina matters to the attention of the members of the commanders on the ground; welcoming the reinforcement of UNPROFOR, Security Council. (f) The RRF would operate under national (Signed) Boutros BOUTROS-GHALI uniform, under the United Nations flag and Stressing the importance at this juncture of insignia but without blue helmets and without renewed efforts to achieve an overall peaceful painting its vehicles white. It would operate settlement, Annex under existing United Nations rules of Underlining once again the urgent need for Proposed rapid reaction force for the United engagement; acceptance by the Bosnian Serb party of the Nations Protection Force: Summary of a (g) The purposes of the RRF would be to give Contact Group peace plan as a starting point, proposal by France, the Netherlands and the the commander a capacity between 'strong opening the way to the negotiation of such an United Kingdom of Great Britain and Northern protest and air strikes'; it would increase overall peaceful settlement, Ireland tactical operational flexibility and would be Reaffirming the sovereignty, territorial integrity The following summarizes the principal points intended to have a deterrent effect but it would and political independence of the Republic of that emerged from discussions conducted at not change the United Nations role to peace- Bosnia and Herzegovina, United Nations Headquarters in New York on 7 enforcement ; the status of UNPROFOR and its Reaffrming further that the Republic of Bosnia June 1995 on a proposed rapid reaction force impartiality would be unaffected; and Herzegovina, as a State Member of the (RRF) to be placed at the disposal of the United (h) All forces eould be deployed within 30 days United Nations, cnjoys the rights provided for Nations Peace Forces (UNPF) and the United of the necessary Security Council and host in the Charter of the United Nations, Nations Protection Force (UNPROFOR). country approvals; Delermining that the situation in the former France, the Netherlands and the United (i) The three Governments recognized that the Yugoslavia continues to be a threat to Kingdom of Great Britain and Northern Ireland RRF was not a substitute for an energized international peace and security, would provide the following augmentation to peace process working towards an overall the military capabilities of UNPF and settlement. Reaffirming its determination to ensure the UNPROFOR: security of the United Nations Peace Forces (UNPF)/C1NPROFOR and its freedom of (a) A multinational brigade consisting of two movement for the accomplishment of all its hattalion groups, one to be provided by the missions, and to these ends, acting under Government of France with an approximate Document: S/RES/998 (1995) Chapter VII of the Charter of the United strength of 2,000 and one to be based upon the Date: 16 June 1995 Nations, current UNPROFOR Reserve, with a strength of 2,500, which will consist of a British 1. Demands that the Bosnian Serb forces battalion group, including the recently arrived Resolution 998 (1995) adopted by release immediately and unconditionally all artillery, aviation and engineer elements from the Security Council at its 3543rd remaining detained UNPROFOR personnel, and further demands that all parties fully the United Kingdom, as well as a mortar meeting, on 16 June 1995 company of marines, including a mortar- respect the safety of UNPROFOR personnel, locating radar group, provided by the and others engaged in the delivery of Netherlands. The brigade total will be in the The Security Council, humanitarian assistance, and ensure their region of 4,500, of whom some 2,500 are Recalling all its earlier relevant resolutions, complete freedom of movement; already in theatre; Reaffirming the mandate of the United Nations 2. Emphasizes that there can be no military (b) A British airmobile brigade, consisting of Protection Force (UNPROFOR) as referred to solution to the conflict, stresses the importance two infantry battalions, two aviation regiments, in resolution 982 (1995) of 31 March 1995 and it attaches to vigorous pursuit of a political engineers, artillery elements and the necessary the need for its full implementation, settlement, and reiteratcs its demand that the logistic support, including 800 temporary Bosnian Serb party accept the Contact Group personnel, whieh would produce a total of Having considered the report of the Secretary- peace plan as a starting point; approximately 6,300; General of 30 May 1995 (S/1995/444), 3. Calls upon the parties to agree without (c) An additional French brigade, amounting to Having considered also the letter of the further delay to a cease-fire and a complete about 4,000 troops, would be placed on stand- Secretary-General of 9 June 1995 and its annex cessation of hostilities in the Republic of by in France should further reinforcement (S/1995/470 and Add. I), Bosnia and Herzegovina; prove necessary. Noting that the rapid reaction force referred to 4. Demands that all parties allow unimpeded in the above-mentioned letter will be an access for humanitarian assistance to all parts integral part of the existing United Nations