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Articles / Chronicle 3. The law: procedural aspects (use of force only in self-defence) announcement, made at a joint Moscow news So far, only questions of substance in seem to have been 'stretched' to the ut- conference with Russian Foreign Minister testing the NATO ultimatums against most. Now, resolution 836 is arranged Andrei Kozyrev was, however, greeted with mixed feelings both from the Bosnian Muslims the background of Security Council in such a way that UNPROFOR may and the UN, due to the fact that the agreement resolution 836 have been dealt with. be supported in the performance of its was negotiated without participation of the UN. There remains a question of procedure task by air power. This implies the pos- The commitment was widely regarded as a to be answered. Resolution 836 says in sibility of supporting peacekeeping. major success of Russia's diplomatic efforts to mediate peace in Bosnia. To the surprise of its paragraph 10 that 'the necessary From a theoretical, doctrinal point of Radovan Karadzic, Russian Foreign Minister measures' may be taken 'under the view then the question whether the air Andrei Kozyrev showed support for the UN air authority of the Security Council and support itself would remain within the strikes during the talks and expressed concerns subject to close coordination with the limits of peacekeeping or should be about the breach of the no-flight zone by Secretary-General and UNPROFOR'. considered enforcement action is Bosnian Serbs (SZ 2 Mar, p. 4; WP 2 Mar, p. A20). And in paragraph 11 the member indeed interesting. In the last case states, the Secretary-General and UN- such action could be qualified as After four days of the US brokered talks be- tween Bosnia's Muslims and Croats on a federa- PROFOR are requested to coordinate 'peacekeeping enforcement' (enforce- tion in Washington, both parties have signed a closely on the measures they are ment of peacekeeping). Terms like framework agreement linking their territories taking to implement paragraph 10. 'enforcement peacekeeping' and its under a single flag. The step is aimed at ending From the NATO decisions of 9 counterpart 'peacekeeping enforce- the war in Bosnia by isolating the Bosnian Serb faction. The agreement provides, inter alia, for a February and 22 April 1994 it also be- ment' are, of course, a contradictio in two-house legislature, joint armed forces and an- comes clear that air strikes would be terminis, but within the framework of nual rotation of the presidency (WP 2 Mar, p. undertaken 'in close coordination with resolution 836, it looks as if both AI). the UN Secretary-General' and 'in ac- concepts - peacekeeping and peace-en- Mediated by the ICRC today, an exchange of cordance with the procedural arrange- forcing - converge to a certain extent. 128 Bosnian Muslim and 61 Bosnian Croat ments worked out between NATO and prisoners started (SZ 2 Mar, p. 9). Now, from a purely legal point of UNPROFOR...'. However, the ul- view, the following could be said in Almost one month before the last American timata as such were not decided upon forces are scheduled to leave Somalia, clan chief this respect. Resolution 836 was on the basis of any coordination with Mohammed Aidid seems to have emerged even adopted by the Security Council the United Nations. Would this mean more powerful than he was before the Somalia 'Acting under Chapter VII of the mission started. He is considered to be a key that they are not to be considered Charter of the United Nations'. In figure in any future strategy (NYT 2 Mar, p. 'necessary measures' as envisaged by such a context Article 42 should in A3). resolution 836? But then, what is the fact be considered as the basis of the 2 March legal basis for the ultimatums? decision taken in paragraph 10 of the The planned start of the demobilization of the warring factions in Mozambique was postponed 4. Addendum: peacekeeping and resolution, since this is the only due to the uncooperative attitude of RENAMO peace-enforcing provision in the UN Charter allowing forces. So far, only about half of the 80,000 In connection with resolution 836 a the Security Council to take military soldiers of both sides have arrived at the collec- point of doctrine remains to be dealt forceful action of any kind. In the case tion points to lay down their arms (SZ 3 Mar, p. with here. According to resolution 836 of the safe areas the possibility of 7). (para. 9), UNPROFOR is authorized, authorizing member states to apply US President Bill Clinton anounced that NATO in carrying out its mandate, to take the force was made use of. However, this and Russia would cooperate to stop the Serbian bombing of Tuzla, and that a specific plan was necessary measures, including the use would not imply, it seems, that action under consideration (SZ 3 Mar, p. 6). of force. By adding the words 'acting taken in support of UNPROFOR for in self-defence' to this formula, the the protection of the safe areas should 3 March After two weeks without major incidents, the Security Council obviously wanted to automatically be considered cease-fire around Sarajevo was seriously vio- emphasize that the framework of UN- enforcement action in the traditional lated by ten minutes of fighting. However, UN PROFOR action remained sense of the term (as different from officials viewed the attacks as isolated incidents 'peacekeeping' with regard to the safe peacekeeping). (FR 4 Mar, p. 2). areas. This means that UNPROFOR's Robert Siekmann The UN troop command in Bosnia renewed its mandate may be enforced, if neces- appeal for an additional 10,650 soldiers to sary, by the use of force, but never by secure the truces between Serbs and Muslims around Sarajevo and between Croats and Mus- taking any initiative or offensive lims in southern Bosnia. UN special envoy action. One could qualify it as Peacckeeping chronicle of events Yasushi Akashi said that if these additional con- 'enforcement peacekeeping' (peace- March � May 1994 tingents were rejected the risk that the truces keeping by enforcement), in order to will be violated would increase (FR 4 Mar, p. 2; indicate the actual field of tension, 1 March WP 4 Mar, p. A27; NYT 4 Mar, p. A3). which is clearly illustrated by the quite Under imminent pressure from Russia Bosnian Despite the anouncement of the UN command Serb leader Radovan Karadzic agreed to end the unique employment of the words 'use in Bosnia not to wait any longer for permissions siege of Tuzla airport, and to allow for relief transports from any of the warring fac- of force' in a Security Council humanitarian aid flights to the region. The com- tions, Serb forces besieging Maglaj prevented resolution in connection with what is mitment was made under a reservation that a the passage of a food convoy to the city (WP 7 officially a peacekeeping mandate. In Russian contingent of UNPROFOR would be Mar, p. A27). placed in Tuzla to monitor that the airfield is this case the margins of peacekeeping used for humantarian relief activities only. The Kofi Annan, Head of the UN Peacekeeping Department, said that the UN would need more 6 March return of about 250,000 refugees to the region soldiers and financial support to fulfill its obliga- The Security Council adopted a resolution have restarted in New York. UN special envoy tions. He was further cited as saing that 'if the (S/RES/900/1994) aimed at restoring normal Edouard Brunner met with both delegations in response of governments remains the way it is conditions in Sarajevo. The resolution further re- seperate talks on the unsettled issues (SZ 9 Mar, today, we couldn't get another operation off the quests the Secretary-General to consider the es- p. 9). ground' (NYT 4 Mar, p. A4). tablishment of three additional safe areas includ- ing Maglaj, Mostar and Vitez. This plan, A Spanish military transport airplane flying over The Haitian parliament approved the new peace however, raised much criticsm from the UN- Croatia was hit by a rocket and was forced to plan which provides for the removal of the PROFOR command. An UNPROFOR officer land on the Croatian island Krk off the northern military government but did not set any date for was cited as saying that it was already almost im- Adriatic coast. The Croation Government said the return of exiled President Jean-Bertrand Aris- possible to control the existing zones due to the that Serbian rebels in the Kraijna region were tide, who was in opposition to the the plan (SZ 4 lack of personnel and further said that it was responsible for the bombing of the NATO Mar. p. 8). airplane, which was carrying Spanish UN troops 'wishful thinking' to believe that three addi- from Zagreb to Split. A NATO spokesman said 4 March tional safe areas could be controlled with the that three passengers had been slightly wounded UNPROFOR commander Lieut. Gen. Sir present resources. According to reports from (NYT 9 Mar, p. A6). Michael Rose stressed the need for additional various sources Great Britain, Spain, Italy, as troops to maintain the truces in Bosnia and ex- well as Turkey seem to be ready to contribute ad- US envoy for Bosnia Charles Redman met with pressed concern that otherwise the peace effort ditional contingents to UNPROFOR (Lib 7 Mar, Serbia's President Slobodan Milosevic to ex- in Bosnia could lose its momentum (NYT 5 p. 2; SZ 7 Mar, p. 2). plain the plan for a federation in Bosnia and to Mar, p.

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