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B. the Situation in Croatia

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B. the Situation in Croatia Chapter VIII. Consideration of questions under the responsibility of the Security Council for the maintenance of international peace and security Underlining the need for full cooperation by States and North and South continued to be reported, although on entities with the International Tribunal for the Prosecution of a reduced scale. Moreover, there was a considerable Persons Responsible for Serious Violations of International discrepancy between the number of perpetrators that Humanitarian Law Committed in the Territory of the Former had been brought to justice and the number of reported Yugoslavia since 1991, which constitutes an essential aspect of implementing the Peace Agreement, violations of human rights. Croatian police officials had generally appeared to have displayed an Reminding the parties of the relationship between the unresponsive attitude to complaints against Croatian fulfilment by them of their commitments in the Peace civilians and security personnel and, in many cases, Agreement and the readiness of the international community to commit financial resources for reconstruction and development, had taken no action. He stated that the rights of Krajina Serbs to remain in their homes had not been adequately Acting under Chapter VII of the Charter of the United safeguarded and they had faced extensive harassment Nations, and intimidation. In addition, the rights of the Serb 1. Notes with satisfaction that the elections called for population that had fled during the military operation in annex 3 of the Peace Agreement took place on 14 September to return to their homes in safety and dignity were 1996 in Bosnia and Herzegovina, and notes that their holding being seriously curtailed by the absence of constructive constituted an essential step towards achieving the objectives of measures to facilitate their return. He emphasized that the Peace Agreement; the humanitarian situation of the Serb population who 2. Decides , in accordance with paragraph 4 of its had remained, consisting mainly of elderly and resolution 1022 (1995), to terminate, with immediate effect, the disabled people, was particularly disturbing, and measures referred to in paragraph 1 of that resolution; stressed that many more might die during the winter if 3. Calls upon all parties to comply strictly with all adequate assistance was not provided in a timely their commitments under the Peace Agreement; manner. Failure to respect the right to a fair trial of 4. Decides to keep the situation under close review those Serbs who had remained and had been arrested taking into account the reports submitted pursuant to paragraphs on grounds of having committed “war crimes” or 25 and 32 of resolution 1031 (1995) of 15 December 1995 and “armed rebellions” was also noted as a point of concern any recommendations those reports might include; by the Secretary-General. Finally, the rights of the 5. Also decides to consider the imposition of measures minority population in Croatia were being restricted by if any party fails significantly to meet its obligations under the changes in the Constitution and new legal provisions, Peace Agreement; such as the law concerning the return and reclamation of 6. Further decides to dissolve the Security Council property, were inhibiting the full enjoyment of human Committee established pursuant to its resolution 724 (1991) of rights and fundamental freedoms. He underlined that it 15 December 1991 once its report has been finalized, and was necessary to ensure that the rights of the Serb expresses its gratitude for the work of the Committee; minority were adequately safeguarded in the legal and 7. Decides to remain seized of the matter. constitutional framework of Croatia. At its 3617th meeting, held on 8 January 1996 in B. The situation in Croatia accordance with the understanding reached in its prior consultations, the Security Council included the report Decision of 8 January 1996 (3617th meeting): in its agenda. Following the adoption of the agenda, the statement by the President President (United Kingdom), with the consent of the On 21 December 1995, pursuant to resolution Council, invited the representative of Croatia, at his 1019 (1995), the Secretary-General submitted to the request, to participate in the discussion without the Security Council a report on measures taken by the right to vote. Government of Croatia in implementing resolutions At the same meeting, the President made the 1009 (1995) and 1019 (1995) from 23 August until following statement on behalf of the Council:4 November 1995. 3 In his report, the Secretary-General The Security Council has considered the report of the stated that human rights violations in former Sectors Secretary-General of 21 December 1995 submitted pursuant to __________________ __________________ 3 S/1995/1051. 4 S/PRST/1996/2. 09-25533 735 Repertoire of the Practice of the Security Council its resolution 1019 (1995) of 9 November 1995 on Croatia, in The Council reaffirms its call upon the Republic of particular the humanitarian situation and human rights violations Croatia to lift any time limits placed on the return of refugees to described therein. reclaim their property. It notes the decision of the Government of the Republic of Croatia of 27 December 1995 to suspend the The Council strongly condemns the violations of deadline set in the relevant Croatian law as a step in the right international humanitarian law and human rights in the former direction. The Council will follow closely whether the Republic sectors North and South in the Republic of Croatia, as described of Croatia will lift any such time limit in a definitive manner. in the report of the Secretary-General, including killings of several hundreds of civilians, systematic and widespread looting The Council takes note with appreciation of the decision and arson and other forms of destruction of property. The of the Government of the Republic of Croatia of 30 December Council expresses its deep concern that there is a considerable 1995 to suspend criminal proceedings against and release 455 discrepancy between the number of perpetrators that have so far local Serbs detained on suspicion of armed rebellion. The been brought to justice and the number of reported violations of Council calls upon the Government of the Republic of Croatia to international humanitarian law and human rights. The Council take appropriate measures to ensure that the right to a fair trial urges the Government of the Republic of Croatia to make every of those Serbs who remained and have been arrested and effort to arrest all perpetrators and bring them to trial promptly. accused of war crimes or armed rebellion is safeguarded. The Council is disturbed by the humanitarian and security The Council affirms that it is necessary to ensure that the situation of the mostly elderly Serb population who have rights of persons belonging to the Serb minority are adequately remained in the former sectors in the Republic of Croatia. The safeguarded in the legal and constitutional framework of the Council is gravely concerned at the information contained in the Republic of Croatia. It urges the Government of the Republic of report on continuing extensive harassment and intimidation, Croatia to rescind its decision to suspend several articles of the looting of property and other forms of abuse. It reaffirms once ‘Constitutional Law on Human Rights and Freedoms and the again its demand that the Government of the Republic of Croatia Rights of National and Ethnic Communities in the Republic of take urgent measures to stop all such acts immediately and calls Croatia’ as described in the report of the Secretary-General. The upon the Government to provide urgently needed food, medical Council stresses that strict respect for the rights of persons assistance and proper shelter to the Serb population. belonging to the Serb minority will also be of great importance to the implementation of the Basic Agreement on the Region of The Council reaffirms that all those who commit Eastern Slavonia, Baranja and Western Sirmium of violations of international humanitarian law will be held 12 November 1995. individually responsible in respect of such acts. It recalls with dismay the failure to date of the Government of the Republic of The Council requests the Secretary-General to keep it Croatia to transfer to the custody of the International Tribunal regularly informed on the progress of measures taken by the for the Prosecution of Persons Responsible for Serious Government of the Republic of Croatia to implement resolution Violations of International Humanitarian Law Committed in the 1019 (1995) and the demands set out in the present statement, Territory of the Former Yugoslavia since 1991, established requests the Secretary-General to report to it no later than pursuant to its resolution 827 (1993), persons indicted by the 15 February 1996 on this matter and expresses its intention to International Tribunal, and expresses its concern at the recent act as appropriate. appointment of one of those indicted to a position in the The Council will remain seized of the matter. Croatian Army. The Council reiterates that all States must cooperate fully with the International Tribunal and its organs. Decision of 15 January 1996 (3619th meeting): The Council expresses its deep concern at the situation of resolutions 1037 (1996) and 1038 (1996) the refugees from the Republic of Croatia who wish to return. The Council shares the view of the Secretary-General that the At its 3619th meeting, held on 15 January 1996 in rights of the members of the Serb population who fled during accordance with the understanding reached in its prior the military operation to return to their homes in safety and consultations, the President (United Kingdom), with dignity are being severely curtailed by the absence of the consent of the Council, invited the representative of constructive measures to facilitate their return. The Council reaffirms its demand that the Government of the Republic of Croatia, at his request, to participate in the discussion 5 Croatia respect fully the rights of the members of the local Serb without the right to vote.
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