The EUFOR-Operation Althea
A Truly Multinational Force
[By Brigadier General Peter Goebel (DEU-A)] Multi-nationality is a special trademark of EUFOR. 33 Nations are represented in the Force and spread throughout Bosnia and Herzegovina. Officers and NCOs of 28 nations are working in HQ EUFOR, Camp Butmir, Sarajevo.
The deployment of soldiers in an operational mission abroad is the strongest signal of political support and commitment a nation state can send. Therefore, with 33 nations contributing to EUFOR there is strong evidence of an overwhelming commitment to Bosnia and Herzegovina and its future. Of course, 22 of the contributing nations are members of the European Union, and therefore they are intimately involved in the wider context of the increasing role that the European Union plays in the area of security and defence policy.
However, it has to be emphasized that EUFOR does not just deal with nations and politics. EUFOR is composed of military personnel from the army, the air force or the navy and some qualified civilian personnel of the sending nations.
It is every single member of EUFOR, whether military or civilian, who makes this multinational force work. The evidence that it is working well is visible everywhere; all have contributed to the team effort that has made EUFOR so successful at such an early stage of the mission. In spite of different backgrounds and uniforms, there is much in common: professional ethics, moral values, and traditions. EUFOR had proved to be one big military family.
Of course, the people of Bosnia and Herzegovina know a lot about multinational military forces: UNPROFOR, IFOR and SFOR. However, Bosnia and Herzegovina is now beyond the stage of "stabilisation”, and is right in the middle of the phase of "integration” with the European Union. Cooperation with local authorities at all levels is becoming increasingly important, and this has led to a subtle adjustment in some of EUFOR’s operations.
These local authorities, and of course the whole population, see that soldiers of different nations who during the past centuries were engaged in bitter fights with one another, including in this region, are now working together in a spirit of friendship and partnership. This is a clear message to the people of Bosnia and Herzegovina that there is hope for the future, including a place in the "European house” if there is reconciliation, forgiveness and trust in the present.
The EUFOR - Operation ALTHEA
Mission and Mandate
On 2 December 2004, in a festive military ceremony, the EU assumed command of the Peacekeeping Force in Bosnia and Herzegovina hitherto controlled by NATO. Under international law, the operation is legitimised by the UNSCR 1575 (2004), which appointed EUFOR as the legal successor of SFOR. It is considered a robust Chapter VII operation under the UN Charter. The continuous military presence has so far contributed to a stable and secure environment in Bosnia. In addition to the military aspects of the mission the EU is also responsible for the civilian recovery aid and the police mission of EUPM. The structure of the operation has not been dramatically altered, however the area of operation is exclusively Bosnia and Herzegovina. Croatian territory is used only for the transit of troops and supply goods. A politically important point is that after the transfer of authority from SFOR to the EU the European overall package in Bosnia and Herzegovina has been completed.
Headquarters EUFOR is the same as HQ SFOR in Camp BUTMIR near Sarajevo Airport. Just as in SFOR, more than 80 per cent of the soldiers are drawn from EU member states. Operation ALTHEA was established on then basis of the "Berlin plus” Agreement”. In order to avoid double structures the EU draws on the means and capabilities of NATO. The supreme commander of the Operation is the Deputy Supreme Allied Commander Europe (D-SACEUR).
Despite handing over responsibility for peacekeeping, NATO still plays a prominent role since Bosnia and Herzegovina is applying for future membership of NATO. Military and civilian NATO expert teams have been employed to help the Bosnian government in reforming its defence sector, and in preparing the country for membership of the Partnership for Peace (PfP) programme. The 150 NATO troops remaining in Bosnia and Herzegovina are housed on the same premises and in the same buildings as HQ EUFOR.
It is the mission of EUFOR to maintain a stable and secure environment in which Bosnia and Herzegovina can envisage her long term political objective of EU membership. This perspective of EU membership has become the most important driving force for reforms in South Eastern Europe. Therefore, the stabilisation of this region has been a main prerequisite for the security of Europe.
Role of EUFOR: UN Security Council Resolution 1575 (2004) of 22 November 2004 authorises EUFOR, the legal successor of SFOR, to implement the military aspects of the Dayton Peace Agreement. EUFOR operates under Chapter VII of the UN Charter, which refers to peace enforcement.
EUFOR has rules of engagement compatible with the accomplishment of its mission and self defence. According to the common "Action 2004/570/GASP of the EU Council of 12 July on the military operation of the EU in BiH”, its main mission is to contribute to such secure conditions that are necessary for the stabilisation of peace.
The key objectives of EUFOR-ALTHEA are: - to deter and prevent the outbreak of fresh hostilities which would constitute a fresh threat to the peace; - to promote an atmosphere in which the peace process can prosper; - to contribute to a safe and secure environment required to accomplish the core tasks in the framework of the Mission Implementation Plan of the Office of the High Representative and of the Stabilisation and Association Process (SAP).
The Operation is to reinforce the comprehensive concept of the EU towards BiH and to support the progress in Bosnia with a view to integration into the EU.
Chain of Command in EUFOR: The Force consists of units of several services of different nations commanded by one common supreme commander, and is controlled by the EU’s Political and Security Committee answerable to the Council of the European Union. Overall military authority is vested in the Deputy Supreme Allied Commander Europe (D-SACEUR). EU Operations Headquarters is at Supreme Headquarters Allied Powers Europe (SHAPE).
Troop-contributing Nations: EUFOR consists of troops from 33 nations but not all of them are members of the EU. This places the Operation beyond a purely European project. So far the following nations have participated in EUFOR: EU-countries: Austria, Belgium, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and United Kingdom; Non-EU countries, but NATO members: Bulgaria, Canada, Norway, Romania and Turkey; Non-NATO countries: Albania, Argentina, Chile, Morocco, New Zealand and Switzerland.
Civilian Aspects: For a durable peace in Bosnia it is of paramount importance that the civilian aspects of the Peace Agreement are implemented. By continuing the military aspects of the Peace Agreement the EU is making a contribution towards secure conditions conducive to the civilian and political restoration of the country.
The civilian aspects are carried out by the relevant international organisations and are coordinated by the High Representative, who at the same time is the EU‘s special envoy. Considering the importance of the civilian aims of the Peace Agreement, the EU is making every effort to implement these aims. However, since EUFOR controls fewer troops, it must establish priorities where and when to deploy its assets. In order to remain effective, EUFOR and other organisations will keep planning and laying down objectives to make sure that the support of EUFOR is provided where it is most needed, for instance in battling organized crime.
Among the institutions and organisations that are to implement the civilian aspects of the Peace Agreement are: - the Office of the High Representa- tive (OHR); - the European Union Police Mission (EUPM); - the United Nations High Commissioner for Refugees (UNHCR); - the Organisation for Security and Cooperation in Europe (OSCE); - the International Criminal Tribunal for Former Yugoslavia (ICTY).
In addition, a great number of Governmental and Non-governmental Organisations (GO/NGO) are also engaged in Bosnia and Herzegovina. EUFOR is continuing its support to the UNHCR for monitoring the return of refugees and displaced persons. Their return to the neutral zone was negotiated by the organisations concerned and by the signatories to the Peace Agreement. Measures are taken that only EUFOR weapons are permitted in the neutral zone. Exceptions require the expressed approval of the EUFOR Commander.
Under its mandate, EUFOR also supports the ICTY in The Hague. SFOR arrested 27 persons charged with war crimes since June 1997, and another three were killed in the course of arrest. EUFOR support also includes guaranteeing safety and logistic aid of ICTY investigation teams, and the monitoring of alleged mass graves.
Political Aims: In Bosnia, after the signing of the Dayton Peace Agreement of 21 November 1995, the international community started the largest and most ambitious peacekeeping mission in history. IFOR, SFOR and now EUFOR have been responsible for the military aspects of the agreement but the Office of the High Representative serves as the key coordinator for the civilian reconstruction. The United Nations have been put in charge of the repatriation of refugees, and OSCE has been tasked to take care of elections. More than 600 GOs and NGOs have participated in the consolidation of peace in and around Bosnia.
Despite these unprecedented efforts after the conclusion of the Paris Peace Treaty, Bosnia has remained a problem child of the international community. Local political parties are dominated by nationalist ideology that hampers the formation of the state. There remain serious problems with the return of refugees and displaced persons, and the organisation of political institutions. But in the long run Bosnia and Herzegovina cannot be left as a dependent of the international community.
The conflict revealed the paralysis both of the United Nations and European Union. Only the slaughter at Srebrenica led to NATO intervention. The result was the Dayton Peace Agreement, which put an end to the fighting but at the same time confirmed the segregation of the country. Today Dayton appears to be a stumbling block on the way to the normalisation of the country. But the Dayton Agreement and the ensuing military operation were necessary to stop violence.
The EU and the international community learned valuable lessons during the war and have developed strategies and doctrine in which crisis management and crisis prevention rank much higher than ever before. In any case, the European peace mission EUFOR is certainly a step into the right direction.
Legal Framework
The 2003 EU Council’s Thessaloniki Declaration confirmed that the future of the Western Balkans, of which Bosnia and Herzegovina is both a central and significant part, lies within the European Union. Operation ALTHEA is one facet of a comprehensive and coherent European Union commitment to Bosnia and Herzegovina. It adds an extra dimension to the existing political engagement, assistance programmes and police and monitoring missions that are already under way. The Stabilisation and Association Process (SAP) is the framework for the European course of BiH on its way to future accession. It is within this wider context of European integration that a comprehensive policy for addressing BiH’s security needs has to be addressed. The political goals of the EU in this regard are defined below: (1) Long Term Objective. To create a stable, viable, peaceful and multiethnic BiH, co-operating peacefully with its neighbours and irreversibly on track towards EU membership.
(2) Medium Term Objective. To support BiH’s own efforts and progress towards EU integration by contributing to a safe and secure environment with the goal of signing the Stabilisation and Association Agreement (SAA). This complements the UN High Representative/EU Special Representative’s (EUSR) Mission Implementation Plan (MIP) and the end of the EU’s executive role in peace implementation, including gradual transfer of ownership to BiH authorities.
(3) Short Term objectives. To ensure a seamless transition from SFOR to the EU Force (EUFOR) in order to help maintain a secure environment for the implementation of the Dayton-Paris Peace Agreement, as highlighted in the MIP. In addition, to strengthen local capacity building through support of the BiH authorities in implementing the conditions in the SAP feasibility study, to make sure that the SAP and the implementation of the MIP reinforce each other.
ALTHEA is the EU’s third military operation and its largest so far. The European Military Force, known as EUFOR, is a manifestation of the European Security and Defence Policy (ESDP). From the ESDP the Common Foreign and Security Policy (CFSP) has evolved. The CFSP, in addition to the objective of strengthening the security of the Union in all its aspects, also has the prime objective of preserving peace and strengthening international security in accordance with the principles of the United Nations Charter.
The UN Charter stipulates that all member nations shall resolve their international disputes peacefully, and also requires them to refrain in their international relations from the threat or use of force. An integral aspect of this proscription is the principle of non-intervention in matters that are essentially within the domestic jurisdiction of any state. However, Chapter VII of the UN Charter, entitled "Action with respect to threats to peace, breaches of the peace, and acts of aggression”, gives the Security Council the authority to determine what measures shall be employed to counter acts of aggression or other threats to international peace and security. In this regard the Security Council also has the power to authorize member states to employ military forces with the aim of restoring international peace and security in a region.
The decision by the EU to launch ALTHEA followed the decision by NATO to conclude its successful SFOR operation. UNSC Resolution 1551, adopted unanimously on 9 July 2004, welcomed the European Union’s intention to launch such an operation.
United Nations Security Council (UNSC) Resolution 1575, adopted unanimously on 22 November 2004, welcomed that member states, acting through or in cooperation with the EU, establish a multinational stabilisation force (EUFOR) as the legal successor of SFOR under unified command and control. EUFOR is to fulfil its missions in relation to the implementation of Annex 1 A and Annex 2 of the Dayton-Paris Agreement. EUFOR was assigned the main peace stabilisation role under the military aspects of the Dayton Agreement and designed as an international robust military force under the supervision of the Council of the European Union. It replaced the NATO-led SFOR on 2 December 2004, and is authorized by the Security Council as a Chapter VII mission to ensure continued compliance with the Dayton Agreement and to contribute to a safe and secure environment in BiH. EUFOR is led by the Political and Security Committee, and the civilian implementation of the agreement lies in the hands of the Office of the High Representative. The efforts of both are coordinated by the High Representative for the Common Foreign and Security Policy, currently Dr. Javier Solana.
The key objectives of ALTHEA are: - to provide deterrence and continued compliance with the responsibilities specified in Annexes 1 A and 2 of the Dayton-Paris Agreement (General Framework Agreement for Peace in BiH), and - in line with its mandate, to contribute to a safe and secure environment in BiH required to achieve core tasks in the OHR’s Mission Implementation Plan and the Stabilisation and Association Process (SAP).
The EU operation is part of a coherent EU approach. It adds significantly to the EU’s political engagement, its assistance programmes and its ongoing police and monitoring missions with a view to helping BiH make further progress towards European integration in the context of the Stabilisation and Association Process.
EUFOR’s military tasks are somehow different to SFOR ones. For example the expression "…to contribute to a safe and secure environment...” (implying to provide support also to BiH authorities upon their request) has gained frequent usage in the framework of activities carried out by EUFOR although this expression is neither found in the Dayton Agreement nor in the UNSC mandating resolution. Therefore, questions have been raised if EUFOR’s mandate was changed because the scope of the expression "safe and secure environment” cannot extend beyond the above parameters.
Luckily the creators of the Dayton’s legal framework acted with foresight. They inserted provisions that enable the Dayton Agreement to match new demands in order to accomplish its main goal.
Both in UNSCR 1575 (2004) and 1639 (2005) paragraph 12 reads: "Recognizes (reaffirms) that the Peace Agreement and the provisions of its previous relevant resolutions shall apply to and in respect of both EUFOR and the NATO presence as they have applied to and in respect of SFOR and that therefore references in the Peace Agreement, in particular in Annex 1A and its appendices, and relevant resolutions to IFOR and/or SFOR, NATO and the NAC shall henceforth be read as applying, as appropriate, to the NATO presence, EUFOR, the European Union and the Political and Security Committee and Council of the European Union respectively.” Dayton Agreement Annex 1A, Agreement on the Military Aspects of the Peace Settlement, Article VI paragraph 4 reads: "The Parties understand and agree that further directives from the NAC (by virtue of the above mentioned UNSCR: the European Union and the Political and Security Committee and Council of the European Union respectively) may establish additional duties and responsibilities for the IFOR (by virtue of the above mentioned UNSCR: EUFOR) in implementing this Annex.” EU Council Joint Action 2004/570/CFSP dated 12th July 2004, Article 1 paragraph 1 "Mission” reads: "…in order to provide deterrence, continued compliance with the responsibility to fulfil the role specified in Annexes 1 A and 2 of the GFAP and to contribute to a safe and secure environment in BiH, in line with its mandate to achieve…” The concept of a safe and secure environment is key to EUFOR’s mandate in BiH. It obviously derives from the UNSCR 1575 and 1639 and Dayton Annex 1A, Article VI, paragraph 4, that the EU may establish additional duties and responsibilities for the EUFOR. Referring to Article 1 of EU Council Joint Action 2004/570/CFSP additional duties and responsibilities for the EUFOR were established in implementing Annex 1A of Dayton. No doubt, Dayton has passed its "baptism of fire” with flying colours.
EUFOR’s Activities in Support of the Law Enforcement Agencies of Bosnia and Herzegovina Tackling Organised Crime and Corruption
[This article is mainly based on a HQ EUFOR press release dated 24 May 2005 and has been amended and updated by Michael Pesendorfer.] EUFOR’s main military role in BiH is to maintain safety and security in BiH and to ensure compliance with the Dayton Peace Agreement. Therefore, EUFOR troops conduct framework operations on a daily basis, such as security patrols and harvesting illegal weapons from the community. EUFOR also maintains control over all the weapon and ammunition storage sites and over the armament factories to guarantee stability in BiH.
In addition, EUFOR has a variety of other key tasks. One of these tasks is to work together with the International Community and in particular the European Union Police Mission (EUPM) and the EU Special Representative (EUSR) to support the BiH authorities in their fight against organised crime.
Together with these players, EUFOR’s main objective was and is to strengthen the capacities and capabilities of the BiH law enforcement agencies - to make them stronger and more effective. EUFOR’s other objectives are: to crack down on the crime networks, and to help change people’s attitudes to crime and corruption.
The UN High Representative in BiH (who is also the European Union’s Special Representative) has the core task to entrench the rule of law and to help build up a sound prosecution system, so that those who break the law are brought to justice. The EU Police Mission is to mentor and inspect the police in BiH, to support the police reform process and to develop and consolidate local capacities and regional cooperation in the fight against major and organised crime. It also is to take the lead in the coordination of policing aspects of the European Security and Defence Policy (ESDP) efforts in the fight against organised crime. The European Commission’s Customs and Fiscal Advice Office (CAFAO) plays an important role in supporting the Indirect Tax Authority (ITA). Finally, the OSCE has a key function in the judicial reform of the country.
Working together with all these players, EUFOR has a mandate to support the operations of the BiH law enforcement agencies - police, Indirect Tax Authority, forestry management officials, and the State Border Service (SBS) - upon their request and in coordination with the EUPM. Both the Presidency and the Ministers of the Interior of BiH have welcomed and encouraged EUFOR’s engagement in operations to support the fight against organised crime.
Organised crime is a serious problem in this country. It operates within a framework of parallel structures, which cheats the government out of big sums of revenue, revenue which is in dire need of investments in education, health, pensions and economic regeneration. Moreover, some of these crime networks are the same organisations siphoning off funds to support and protect indicted war criminals.
The BiH police are effective at dealing with local crime but are not yet fully structured to handle the countrywide crime and networks in a coordinated way like the ITA, the SBS and State Investigation and Protection Agency (SIPA). This is one of the reasons why restructuring of the police is crucial.
Nevertheless, one thing must be absolutely clear: EUFOR is not a police force. EUFOR does not undertake police work nor act as a tax collection agency nor undertake forestry management. But it is EUFOR’s job to support agencies that go about these tasks upon their request, and EUFOR with its large military presence in the form of the Integrated Police Unit is certainly capable of rendering assistance. Its troops are mobile and deployable anywhere in BiH, with a command and control organisation to match. EUFOR can use its helicopters, its surveillance capabilities and its capacity to undertake operations for prolonged periods in support of the police and other law enforcement agencies.
Since the start of the EUFOR mission it has supported the SBS and the ITA where they have been short of manpower or capabilities. As a result, EUFOR soldiers have played a key role in the seizures of drugs, like heroin and the Ecstasy pills, and many other illegal or smuggled goods.
The Director of the ITA told COMEUFOR that an additional 30 million of Convertible Marks in tax revenue were raised in 2005. He was sure that some of this success could be attributed to EUFOR’s operations in support of the customs officials, especially against fuel smuggling.
Illegal logging is another major problem. Timber is one of this country’s greatest resources. EUFOR has been using helicopters to discover areas of illegal de-forestation. EUFOR’s night viewing devices enable soldiers to intercept logging trucks moving at night until the relevant authorities are on site. In addition, EUFOR has been able to support checks of over 230 sawmills and 500 logging lorries resulting in numerous prosecutions pending.
Other EUFOR operations are continuing in a variety of areas of criminality, supporting and working with the police and other agencies.
Solving the problem of organized crime is a long term project. EUFOR can support on different levels - on the strategic level in planning and information sharing and, on the tactical level on the ground, in direct support of operations.
According to a survey, 8 out of 10 BiH citizens believe that organised crime is adversely affecting their daily lives, with drug trafficking, burglary and corruption cited as the main criminal activities. Without real progress in the fight against organised crime BiH will inevitably experience difficulties in getting closer to the EU and NATO. Indeed, only with strong, capable law enforcement agencies will BiH be able to join the EU.
EUFOR’s support of the law enforcement agencies and real progress made in the fight against organised crime will contribute to its main mission here - to sustain a safe and secure environment. But supporting the fight against organised crime and strengthening the rule of law also helps BiH in its progress towards its place in the European Union.
The Development of Information Campaigns by IFOR, SFOR and EUFOR
[The core of this article is based on respective conclusions in the study "Information campaigns in peace support operations” by Avruch, Nagel and Siegel, which was published in the series of publications produced by the Centre for Advanced Concepts and Technology (ACT) under the auspices of the US Assistant Secretary of Defence (see www.dodccrp.org)] Increasingly in recent years the notions of "information operations” or "information campaigns” have garnered much attention not only in military and defence circles. The bulk of attention has focused on information as connected to war fighting capabilities, and the idea of "information warfare” has gained easy currency. In this context the basic assumption is that as information and information technologies come to dominate society in general and national security in particular, advanced conflict will increasingly be characterized by the struggle over information systems.
The military is but one among several actors in a peace operation. However, as far as the conception of information activities - in military terminology "information operations”- is concerned the military has put more thought into conceiving a doctrine for setting out and integrating the various elements of an information campaign, as well as planning for the campaign’s deployment in the field. The military’s conception of information operations is broad, dividing the domain into three functional areas: The first has to do with how information relates to the overall success of the mission. Information in this sense includes intelligence, logistics, personnel, legal issues, and weather, among other factors.
The second functional area has to do with how information is transported to relevant decision makers. This area, encompassing hardware and software, includes communication links, satellites, cables, and procedures, formats, and filters for information transport and retrieval.
The third area can be called information operations "proper” and includes measures for ensuring the operational security of information, electronic warfare, deception and disinformation, as well as techniques for the physical destruction of the enemy’s information systems. Also included in this third area are public affairs, psychological operations (PSYOPS), and civil affairs.
It is these last three areas that appear most evidently relevant to peace operations. While PSYOPS is designed to influence (if necessary, by informing) the local population (with or without a "media filter”) toward attitudinal and behavioural changes that support the mission’s mandate and goals. Civil affairs has an information component ("civil information”) aimed directly at the local population, informing them for example of military assistance programmes that benefit the indigenous civilian sector (e.g., infrastructure repair and reconstruction, electoral support, mine education, health care assistance).
IFOR, later SFOR (NATO) was the international organisation perhaps most concerned with the media environment in BiH. Upon deployment, its commanders were concerned with three issues, which are still, at least partially, valid for EUFOR: - establishing a high degree of credibility with the international media to gain and maintain public support; - making sure that IFOR/SFOR would be viewed differently than UNPROFOR; - sending a strong message to the locals and the nationalistic parties that NATO would not tolerate any interference with its operations (mostly for force protection reasons).
Based on these principles, IFOR planned a proactive information campaign, especially toward the international media. Most of the other international organisations arrived in Bosnia less preoccupied by the media situation and established public information bureaus upon arrival in Bosnia and Herzegovina, but none had a readily established strategy to deal with the local media situation. BiH has seen probably one of the largest peace operations where such an extensive information campaign effort has been undertaken.
The Bosnian audience is still extremely diverse, from the well-educated living in the big cities (Banja-Luka, Mostar, Sarajevo, Tuzla,) to the almost illiterate folk living in the countryside. Before the war, Bosnia had the highest illiteracy rate among the Yugoslav republics (about 30 percent). It is therefore difficult to design a single campaign that can appeal to all with a single, common message. In other words, "under such circumstances, speaking with one voice to the entire population is difficult.” Regional differences are stunning. Although the war was often described as "Serbs versus Muslims,” it was in fact much more complex than that. In western Bosnia, the war opposed Croats to Muslims. In Northern Bosnia, it opposed Muslims to Muslims. This complexity means that the approach of a centralised information campaign, based in Sarajevo, may not always be the best answer. That implied that many of the PSYOPS products designed in Sarajevo were irrelevant, if not counter-productive, when used in other areas of the country.
The good news nowadays is that the international community is running an information campaign consisting of a multifaceted and coordinated effort to democratise the local media landscape and bring BiH closer towards the EU.
Joint Military Affairs (JMA) in EUFOR
EUFOR JMA deals with the residual tasks derived from the General Framework Agreement for Peace in BiH (GFAP), e.g. monitoring the implementation of the GFAP’s military aspects and assessing and addressing non-compliance by the parties. As the specific Dayton tasks have been completed or become obsolete, JMA has devoted itself nowadays mainly to inspecting weapons and ammunition storage sites, monitoring training activities and operations of the Armed Forces of BiH (AFBiH) and the defence industry, and supervising the armed forces de-mining obligations. Since June 2005 EUFOR and AFBiH teams have been conducting inspections of military sites jointly.
Mission
JMA´s mission until December 2005 was to assist, monitor and guide the Army of Republika Srpska (VRS) and the Army of the Federation BiH (VF), and to contribute to the restructuring of the Armed Forces of BiH (AFBiH) into one single force.
JMA EUFOR HQ has also relationship with international organisations in the framework of the Defence Reform Committee, dealing with issues concerning the future structure of AFBiH, reduction of military sites, disposal of weapons and ammunition.
JMA EUFOR HQ supports and monitors the AFBiH humanitarian demining activities.
JMA Role
To ensure compliance of the parties with ANNEX 1A of GFAP and in particular: - provide military sites inspection control; - exercise ammo/weapons movement control; - maintain records of items stored in military sites; - provide defence industry factory inspection; - monitor main training and operations activities; - organise joint military committee meetings; - provide regulations for ammunition programme management; - develop and supervise AFBiH demining plans and operations; - provide internal and external mine education, training and mapping; - support Inspector General vetting process.
BiH Military Sites in 2005
At the beginning of 2005 the amount of weapon and ammunition storage sites are as below: - weapon storage sites (WSS): 21; - ammunition storage sites (ASS): 36; - military sites: 121; - total: 178.
At the end of 2005, 18 WSS/ASS sites were closed. The present number of the sites: - weapon storage sites: 13; - ammunition storage sites: 26; - military sites: 99; - total: 138.
Disposal of Weapons and Ammunition
During the year 2005 the former Entity Armed Forces destroyed: - 150 tons of anti-tank ammunitions; - 32,362 peaces of small arms and light weapons; - 7 million cartridges.
The Joint Military Commission (JMC)
The JMC serves as the central body for coordination and direction of the compliance with the military tasks in the GFAP. Therefore, the JMC is COMEUFOR’s principal conduit for passing instructions to the BiH Ministry of Defence and the AFBiH regarding the interpretation of the Military Annex of the GFAP and giving further instructions concerning its implementation.
Deployment of Liaison and Observation Teams (LOTs)
Operation ALTHEA is based on a comprehensive Situational Awareness (SA) architecture, focused on key tension and high-risk areas. Effective SA provides early warning to commanders at all levels to take the appropriate measures to de-escalate, deter or counter events that may affect the stability in their areas of responsibility (AOR). The purpose of the SA is to provide an early indication of increasing tension or unrest, therefore allowing an early and appropriate commander’s response. The Liaison and Observation Teams (LOTs) are considered significant contributors.
LOTs carry out overt information collection through liaison with local authorities and the local population, providing information about the evolving political, economic, social, environmental and security situation in its area of interest (AOI). Overt information collection is defined as: Information collected by uniformed EUFOR personnel through visual observation and direct communication with the local population. Communication may involve questioning, which is to be open, honest and focussed, and free from inducement, coercion or subterfuge.
Employing LOTs to maintain and enhance a robust SA is a prerequisite for maintaining a safe and secure environment. It is further envisaged that LOTs will be a key element in the future for a more flexible force structure in Bosnia and Herzegovina.
Organisation and Tasks
The Multinational Task Forces (MNTF) are to maintain a LOT structure, if need be augmented by so-called sector headquarters, in order to provide a general situation awareness in their respective AORs and early warning of the development of critical situations and evolving areas of risk. The specific composition of the LOTs will vary from one AOR to the other. However, taking into consideration the tasks that LOTs have to carry out and the necessary measures for self-protection they have to take, the teams are to consist of eight but never less than six members.
Sector HQ may consist of multi-national personnel as these HQ may have to coordinate LOTs from different nations. However, the LOTs should be made up of members from a single nation in order to avoid negative performance of the team because of language barriers, different command structures and different national caveats. LOTs and Sector HQ are organised to reflect the political structure at the regional, cantonal and community levels, thereby operating within clearly defined geographical areas. This will create clarity not only for the LOT but also for the local population. In particular, LOT must cover areas of tension and potential threat.
LOT identifies instances of "The absence of the normal or the presence of the abnormal”. An important part of their information collection must be the economic situation since frustration with economic deprivation may become the prime factor for the development of civil unrest and public disorder.
Thus, LOT operations are effective along two lines: - operations for the development of local authorities by monitoring and promoting joint and multi-agency cooperation. These operations contribute directly to the general SA of the commander; - operations for the provision of necessary information for the Task Force to enable it to act in a timely and informed manner, and to pre-empt threats to sustained stability in Bosnia and Herzegovina.
If within their capabilities, LOTs may also be used in support of other operations like information operations (INFOOPS), civilian-military cooperation (CIMIC) and manoeuvre operations.
LOT Personnel Capability Requirements
Previous experience shows that LOTs need to have a mix of rank level and age groups that make it easier to approach different target audiences (from high ranking officials to local school youth or students, and from the very wealthy to the extremely poor). LOT personnel must comfortably integrate themselves into a closely-knit team of individuals from various backgrounds, rank levels and age groups. They must be able to monitor political, economic, social and environmental developments and to detect anomalies thereof.
LOT personnel must have a clear understanding of the historical background and the current situation, and in particular be fully conversant with any local issues relating to networks and parallel structures, and also be aware of future developments in BiH.
LOTs operate in small sub-units in order to establish direct contact with the local population, institutions and facilities of the international community. Therefore, success of their work depends on the initiative of individual members. They must know how to build confidence and maintain good relationships with local civilians, who must not perceive them as intelligence officers. This requires the ability to communicate actively and openly, but also to carefully assess and validate the information gathered.
Since the activities of LOT personnel require similar skills to those of military observers, a pre-deployment attendance of a UN military observer course is desirable.
Accommodation
In order to foster a robust SA, LOTs and Sector HQ must be accommodated in so-called "field houses”. Experience with LOT demonstrates clearly that only when resident the teams can gain trust and confidence of the local population. In the medium term, LOT field houses may become co-located with other EU facilities in order to - open options for reducing costs and personnel, - minimize security problems and facilitate evacuation in a case of emergency, and - foster the coherent approach of the EU mission and thus signal the people of BiH that the different agencies are working towards a common goal (from "field houses” to "EU houses”).
Key Tasks
- provide MNTF with the SA necessary to enable them to act in an informed and timely manner; - liaise with foresight with international organisations, governmental organisations, NGOs, local authorities, and the local police; - "feel the pulse” of the local population and agencies, and identify and report any changes of the situation; - support of EUFOR operations by providing information about the local situation to incoming EUFOR units; - support of INFOOPS and PSYOPS by disseminating EUFOR key messages; - contribute to the evaluation of success of EUFOR operations (e.g. PSYOPS, PIO campaigns or manoeuvre operations).
Doctrine of Integrated Police Units (IPU)
General
Over the years, military multinational operations have changed profoundly. The final objective of an operation is no longer the traditional perception of a victory won by destroying the enemy but rather neutralizing him and eliminating the underlying causes of the conflict. This fact suggests that only minimal coercive measures will have to be taken, engaging only well-chosen and limited targets that promise both military success and are symbolic in character. Within this framework the military must have available a reservoir of units for special operations and other specialized forces that are able to avert a crisis and start the stabilization process in the area of operation - in particular by reconstructing and re-establishing local institutions, above all the police forces.
In the Balkans theatre, NATO implemented the independent formula of a Multinational Specialized Unit (MSU), which is a special military unit with police capabilities.
It attracted attention by the international community because of its aptitude for modern crisis response operations. In the EU Operation it is being continued as Integrated Police Unit (IPU).
Quality, Role, and Tasks of the IPU
Quality: The abbreviation IPU stands for the operative component of a service that is available to the commander of the troops in the mission area (i.e. the EU Force Commander - COMEUFOR) for maintaining public order and security, and for enforcing the law. As an operative component it is a unit suited for usual police work that comprises activities for which it is authorized according to the law, the international mandate, and the EU Doctrine.
As a functional component it complements the Combined Joint Task Force Command (made up of army, air force, navy, special forces, and specialized units) by providing a unique military capability for specialized police tasks.
As part of a military unit, the IPU on regimental level consists of police forces with a military status. It does not fulfil jobs of the military police but - on the basis of their training and experience - are capable of maintaining public order and security and in addition master the problems of the regular police, so that in the framework of the so called "Petersberg Tasks” of the EU a safe environment for the operating military forces is created.
The IPU does not hold any units of armed corps or national police forces but only units and/or leaders of police forces with a military status, and specially trained soldiers from Hungary, Italy, Romania, Slovenia, and Turkey.
Since the IPU is provided with adequate resources for protection and intervention jobs, it can be deployed together with a Combined Joint Task Force (CJTF) contingent, or separate in the framework of a multinational force. In the latter case, its composition and tasks may change according to their respective missions, the international mandate, and the orders given by the commander of the multinational force.
Role: In the course of crisis management it is necessary to have specialised forces available that are capable of acting efficiently in complex operations that include not only military aspects but also civilian problems. In such cases the success of a mission hinges largely on the speed with which the basic functions and structures of the state can be re-activated and restored. In this context the IPU presents itself as a special instrument of utmost value, which differs greatly from ordinary military forces operating along the line of the "friend-foe” concept.
Therefore, the IPU is under the direct command of COMEUFOR. It is supposed to live up to the varying requirements in the area of public order and security efficiently and totally, requirements for which purely military forces are not suited. Therefore, the IPU must not be divested of its specific function and deployed as a purely military force, as if it were a light infantry unit. Moreover, the IPU can be used as a pro-active element and not only as a Quick Reaction Force (QRF) or as a strategic or tactical reserve.
Depending on the mandate, the role of the IPU ranges from a minimum variant of patrolling, gaining information on criminal activities, and liaison with local civilian authorities to monitoring and assisting local police forces (LP), investigating war crimes, and enforcing the law. In the latter case it is important to transfer responsibility for law enforcement to the local police as soon as possible.
As far as the time factor is concerned, experience gained shows that after an initial phase in which the military protecting power plays a key role for the creation of a safe environment, the requirement for an efficient IPU in its role as a police force for the restoration of social peace in the mission area grows along with an increasing stabilisation of the situation. On the other hand, the importance of the traditional military forces is decreasing. In any case, the main job of the IPU will be to re-establish good working conditions for local institutions, among them the LP, which means that the duration of deployment of the IPU should not be open-ended. If a further stay in the mission area is deemed necessary, its tasks and its relationship to the local police forces operating there may have to be newly defined. Its activities may comprise the direct control of measures for the benefit of the civilian population but also monitoring of the local police forces. This type of job may make sense in order to avoid deployment of the Military Police, which by definition has to work for the troops and other military installations.
Tasks: The IPU, by performing preventive deployments, must guarantee a safe environment for the friendly forces operating in the mission area. In order to accomplish this task, the IPU will have to make every effort to create a positive attitude within the local population towards the national forces, NATO, and the EU.
As far as provided for in its mandate the IPU can: - perform executive police tasks (including criminal investigations) for the support or on behalf of the local police in order to restore public order and security, and thus create a feeling of safety for the local population until responsibility has been passed from the military to the civilian authorities; - monitor and support the local police forces in their quest for reconstruction and reorganisation according to international democratic police standards; - support the return of refugees.
The normal activities of the IPU comprise: - patrolling; - gaining information; - criminal reconnaissance; - operations for the maintenance of public order; - monitoring and support of the local police; - law enforcement; - investigations for clearing up war crimes; - maintaining liaison to civilian authorities and international organizations.
Markings of the IPU: IPU personnel must be easily distinguishable from the military police. Their uniforms should differ in colour (blue or black, according to national requirements), and on the arm they must wear a blue armband with the symbol of the European Union on top and the white letters IPU below.
In front, in the rear and on the sides, IPU vehicles are marked with blue insignia showing the white letters IPU. The vehicles will be blue or black so that the civilian population can distinguish them from vehicles of purely military forces.
Armament of the IPU: The IPU is armed like a light infantry unit, including ammunition and supplies. In addition, the IPU is equipped with non-lethal weapons (NLW) and other items for crowd control, which are most important for operations to restore public order and security.
Bosnia and Herzegovina - A Political Survey
[By -pe-] The overall political situation in BiH is stable. There has been a remarkable progress in Bosnia and Herzegovina’s development as a functioning and stable state during the recent past. Significant political events, like the defence reform, took place or are "ante portas” as the envisaged police reform and constitutional changes.
An air of normality and economic activity about the country is ascertainable. The last years have seen the upsurge in building of houses and commercial premises together with the refurbishment of roads and bridges. Regarding the economic situation especially domestic consumption and industrial output are increasing and promising although unemployment is still high.
There have been many encouraging signs of development of State institutions in areas such as justice, finance, defence and intelligence services. Most significant from the security point of view was the adoption and processing by the political parties and the legislatures of the Defence Reform Law in 2005. This abolished the Entity Ministries of Defence (MoD) with their separate armies. In January 2006 the process of reducing the armed forces to some 10,000 active soldiers and 5,000 reservists began, and of bringing them under one State level MoD and one unified command structure. The Armed Forces of BiH ceased being a destabilising influence some time ago.
BiH is poised for progress towards the European Union and NATO Partnership for Peace although the main obstacles on this path, some key persons publicly indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) are still at large.
Regarding the rule of law pillar the general population of BiH does not yet have full confidence into the State’s ability to guarantee its own internal security and stability since the control of the Police by ethnically dominated politics and politicians is contradictory to the internal security of any State, not only of BiH.
Although the risks to the stability of BiH remain low, there is still a potential to cause trouble. As in every other country in the run-up to the elections politicians prepare for the forthcoming elections, and the dominance of politics, rhetoric and agendas based on ethnicity is undiminished. Outside the capital Sarajevo, and despite positive developments in some areas, many mixed communities do not seem to pull together toward a multicultural and multiethnic society living at ease with itself. Unfortunately, ethnic discrimination in schools, employment, housing and health is not yet banned totally everywhere in BiH.
The future status of Kosovo and Serbia and Montenegro could have an unsettling impact to BiH and lead to raising questions why the right of self-determination is refused to BiH ethnic entities.
Although over the past years SFOR and now EUFOR have conducted persistent operations to search for and collect weapons, ammunitions and explosives from the community, impressive quantities of them still remain in unauthorized hands. In other words, BiH is still awash with weapons.
A real challenge for the country is to battle organised crime and corruption. They hinder the development of the economy and undermine the integrity of politics and governance of BiH. Moreover, they are a significant obstacle to BiH’s progress towards self-sustenance and accession to the EU. This legacy from BiH’s recent history of politics and war remains a serious problem, which continues to need concerted efforts and actions.
Eventually, one aspect seems most likely: there is no appetite for a return to violence although the ethnic differences remain deep and exploitable.
The European Union in Bosnia and Herzegovina - Strategy and Political Goals
[By -pe-] In the years since the end of the war, Bosnia and Herzegovina (BiH) has made substantial progress. The country is now focused on integrating into EU and NATO structures, and stands within sight of the first key steps - membership of NATO’s Partnership for Peace (PfP) and a recommendation from the European Commission (EC) that negotiations on a Stabilisation and Association Agreement (SAA), the first contractual relationship with the EU, should begin.
Actually, Bosnia and Herzegovina represents a key challenge for the European Union: first, because it is a country with considerable EU engagement and a clear European perspective through the Stabilisation and Association Process (SAP); second, because the EU is conducting a comprehensive European Security and Defence Policy Mission (ESDP), including a military component (EUFOR), to follow on from the NATO-led SFOR mission; and third, because the EU will assume greater political responsibilities as the transition from the Dayton agenda to the European integration agenda progresses, including as part of the exit strategy of the Office of the High Representative (OHR). In order to succeed, the EU intends to be active, capable and coherent. It also works effectively with partners that have been present in Bosnia and Herzegovina for more than a decade.
The European Council stated the fundamental EU policy in June 2003, when it concluded, "The future of the Western Balkans (including Bosnia and Herzegovina) is within the European Union”. The Union has also made clear that the SAP will constitute the overall framework for the European course of the Western Balkan countries, all the way to their future accession. In the case of Bosnia and Herzegovina, this can only take place on the basis of full implementation of the Dayton Accords. The Dayton and SAP agendas should be pursued with a view to synergies, but also with appreciation for the unique character and the implementation timelines of each.
The EU’s short term objectives are continued progress in the implementation of the Dayton Accords, as highlighted in the OHR’s Mission Implementation Plan (MIP), and the opening of negotiations on a Stabilisation and Association Agreement following the fulfilment of the required conditions. The medium term objective is the completion of the MIP and the signing of an SAA. The long-term objective is a stable, viable, peaceful and multiethnic Bosnia and Herzegovina, co-operating peacefully with its neighbours and irreversibly on track towards EU membership.
All EU actors/instruments, whether political, military, police-related or economic, will contribute to implementing this overall EU policy towards Bosnia and Herzegovina.
With respect to EUFOR, this objective is reflected in the definition of the rationale behind the military mission ("To conduct the EU-led operation in Bosnia and Herzegovina (...) in order to provide deterrence, continued compliance with the military aspects of the General Framework Agreement for Peace and to contribute to the safe and secure environment required to achieve the core tasks in the OHR’s MIP and the SAP”) as well as in the inclusion of support to civilian aspects of the Dayton/Paris implementation among the military tasks.
Given the magnitude of the EU involvement, a key challenge is to ensure close co-ordination and coherence of the EU actors/instruments in Bosnia and Herzegovina.
International Missions to BiH
European Union Special Representative (EUSR)
EUSR Mission: As BiH moves from the era of Dayton onto the road to Brussels, the requirements of EU accession and the best practices of EU business and public life have begun to serve as a useful template for reform and progress in BiH.
The EU itself has assumed a leading position in BiH’s international engagement - not to the exclusion of other partners, but through a naturally evolving relationship based on BiH’s aspiration to obtain EU membership.
In July 2004, the EU decided to conduct a military operation in Bosnia and Herzegovina - Operation ALTHEA - to follow on from SFOR. The EU Operation is part of a coherent EU approach. It adds in a significant way to the EU’s political engagement, its assistance programmes, and its ongoing police and monitoring missions. The EU is already working through the EU Police Mission (EUPM) to strengthen the rule of law in BiH, especially in fighting organised crime.
The EU Special Representative plays a central role in promoting overall EU political co-ordination in BiH, and offering political guidance to the EUFOR Commander.
The EU Force Commander takes without prejudice to the chain of command local political advice of the EUSR into account. This is of particular importance with respect to the Integrated Police Unit (IPU) style capability, on which the EUSR is able to draw in agreement with the Force Commander. In case of disagreement, the EUSR and the EU Force Commander refer to their respective chains of command.
For the EUPM, the EUSR is in the chain of command.
With respect to EUMM, monitoring activities in Bosnia and Herzegovina are re-assessed in the context of the EU Council’s Secretary General /High Representative’s annual report on the EUMM. Provided that adequate and regular reporting can be ensured by the EUSR with a dedicated support team and ESDP missions, monitoring activities in Bosnia and Herzegovina could be reconsidered.
EUSR Mandate: The EUSR is appointed by the Council of the European Union as the European Union Special Representative in Bosnia and Herzegovina, and also holds the position of the International Community’s High Representative for BiH.
The EUSR is tasked with maintaining an overview of the whole range of activities in the field of the rule of law, and in this context with providing advice to the Secretary General of the Council of the EU and High Representative for the Common Foreign and Security Policy (SG/HR) and to the European Commission, as necessary.
Therefore, internal EU co-ordination is reinforced. In addition to the regular meetings of the EU Heads of Missions (where the EUSR and the EU Force Commander as well as the EUPM Head of Mission will participate or be represented), the EUSR chairs regular informal meetings of EU operational actors in Bosnia and Herzegovina (EU Force Commander, EUPM, Commission Delegation, EU Monitor Mission, and EU Presidency).
EU Police Mission (EUPM)
On 1 January 2003, the European Union (EU) launched an EU Police Mission in Bosnia and Herzegovina. It was the first mission initiated under the European Security and Defence Policy (ESDP), envisaged to cover a three-year period (from January 2003 to December 2005).
Following an invitation by the BiH authorities, the EU decided to establish a follow-on mission to EUPM with a modified mandate and size. The refocused EUPM follow-on mission has a duration of two years (from 1 January 2006 until the end of 2007). It supports the police reform process and will continue to develop and consolidate local capacity and regional cooperation in the fight against major and organised crime.
Mission Strength: As of January 2006, EUPM numbered 198 international staff members - 170 seconded police officers and 28 civilians - as well as some 200 BiH nationals. Contributing countries (25 EU and 9 others) are: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom,and Bulgaria, Canada, Iceland, Norway, Romania, Russia, Switzerland, Turkey, Ukraine.
Mission Statement: EUPM, under the guidance and co-ordination of the European Union Special Representative (EUSR) and as part of the broader rule of law approach in BiH and in the region, aims through mentoring, monitoring, and inspecting at establishing in BiH a sustainable, professional and multiethnic police service operating in accordance with best European and international standards.
This police service is to operate in accordance with commitments made as part of the Stabilisation and Association Process with the European Union, in particular with regard to the fight against organised crime and police reform. EUPM operates in line with the general objectives of Annex 11 of the Dayton/Paris Agreement and is supported by European Community instruments.
Under the direction of the EUSR, EUPM takes the lead in the coordination of policing aspects of the European Security and Defence Policy (ESDP) efforts in the fight against organised crime, without prejudice to the agreed chains of command. It assists local authorities in planning and conducting major and organised crime investigations.
Mission Objectives: EUPM contributes to the overall peace implementation process in BiH, as well as to the achievement of the overall EU policy in the region. EUPM aims at establishing in BiH a sustainable, professional and multiethnic police service operating in accordance with best European and international standards. This is to be achieved through the following strategic priorities: Support to Local Police in their Fight Against Organised Crime: Within this pillar, the EUPM contributes to finalising the development of SIPA and consolidation of SBS into fully-fledged police agencies and enhancing their operational and international cooperation capacity. It also focuses on further developing the national intelligence model in order to bring together an intelligence community in support of the fight against organised crime. The EUPM officers provide operational advice and support in planning and conducting of investigations and operations against organised crime, encouraging local counterparts to take a proactive stance; advise on all aspects of investigations, facilitating relations and improving cooperation, whenever needed and appropriate, between the police and the prosecutorial authorities as part of a broader rule of law approach. It also coordinates EUFOR support to local police activities, when required.
Accountability of the Local Police: Within this pillar, the EUPM inspects and monitors police operations from its early planning stage, through conduct of investigations or operations until a case in question reaches the court. The EUPM also monitors the situation inside the police - situations which are perceived as unlawful, misconducts and contrary to the best practice or generally applied rules of engagement. For that purpose, two inspection teams, one each in Sarajevo and Banja Luka/Brcko have been established and staffed. In order to carry out this task, EUPM has free access to every document, premises or person.
Support to Police Restructuring Implementation: In coordination with the EUSR/OHR, EUPM provides technical and operational policing expertise and assistance, plays a proactive role and provides constant active support in preparing and implementing police restructuring. The Head of the EUPM/ Police Commissioner has been appointed a permanent member of the Steering Board of the Directorate for Police Restructuring Implementation (DPRI), with a decisive vote. In addition, the EUPM Police Reform Unit plays a special role in the DPRI as technical advisors.
Achievements to Date: EUPM has gained considerable progress in developing sustainable policing arrangements under BiH ownership. Some of EUPM’s achievements to date include: - transformation of the State Investigation and Protection Agency (SIPA) into an operational police agency with enhanced and executive powers to fight major and organised crime; - solid development of other state-level institutions, in cooperation with the EC, not least the Ministry of Security (MoS) and the State Border Service (SBS); - development of local ownership within the reform process through the establishment of the Police Steering Board, co-chaired by EUPM and local authorities; - progress towards police reform with the Mission playing a key advisory role.
The European Union Monitoring Mission (EUMM)
Description: The EUMM operates in the whole Western Balkans region and has its headquarters in Sarajevo, Bosnia and Herzegovina. It has approximately 110 monitors, seconded by EU Member States as well as by Norway. The EUMM‘s mandate consists of the following elements: - monitoring of political and security developments in the area of responsibility; - giving particular attention to border monitoring, inter-ethnic issues and refugee return; - providing analytical reports on the basis of tasking received; - contribution to the early warning of the Council and to confidence- building, in the context of the policy of stabilisation conducted by the Union in the region.
The EUMM is a successor of the ECMM (European Community Monitoring Mission), which operated in the Western Balkans in 1991-2000. As of 1 January 2001 the Mission, previously financed by the Member States as well as Norway, was taken over as an instrument of the CFSP and financing from the Community budget.
Objectives: The primary objective of the EUMM is to contribute, in a flexible manner, through information gathering and analysis in line with directions from the SG/HR and the Council, to the effective formulation of the Union policy towards the Western Balkans (Article 2.1 Joint Action).
Means: The Community budget finances 98.11 per cent of the expenditure, amounting to 5,182,563 Euros (the balance is financed by Norway). The EU contribution is allocated to finance the infrastructure and current expenditure of the EUMM, including expenditure relating to local staff.
Achievements to Date: Regular reports (situation, weekly, thematic); instrumental in early warning and confidence-building of the conflict in Kosovo, Presevo Valley, in March-April 2001 and in FYROM since the summer of 2001.
European Commission
The European Commission as the executive arm of the European Union embodies and upholds the general interests of the European Union and acts as a driving force in the integration process: - it has the right to initiate draft legislation and therefore presents legislative proposals to Parliament and the Council; - as the EU’s executive body, it is responsible for implementing the European legislation (directives, regulations, decisions), budget and programmes adopted by Parliament and the Council; - it acts as guardian of the Treaties and, together with the Court of Justice, ensures that Community law is properly applied; - it represents the EU on the international stage and negotiates international agreements, chiefly in the field of trade and cooperation; - it is also responsible for managing the European Community budget, under the supervision of the Court of Auditors.
The Delegations of the External Service, although hierarchically a part of the Commission structure, in practice serve European Union interests as a whole in 123 countries throughout the world, and at centres of international organisations (e.g. OECD, OSCE, UN, WTrO).
The Delegation of the European Commission to Bosnia and Herzegovina was established on 10 July 1996 following the signature of the Dayton/Paris Peace Agreement. Its main tasks are: - presenting, explaining and implementing EU policy; providing background and updates on European integration and EU policies to BiH governments and administrations, media, academia, business circles and civil society; - analysing and reporting on the policies and developments of BiH, and - conducting negotiations in accordance with a given mandate.
In addition to the tasks mentioned before, this Delegation plays a key role in the implementation of external assistance to Bosnia and Herzegovina as it was the first ‘de-concentrated’ Delegation. Since 1998, it has managed projects directly from start to finish on behalf of the Government of Bosnia and Herzegovina, in close contact with the Europe Aid Co-Operation Office. Until 2001, in total more than € 2.2 billion were set aside for assistance to Bosnia and Herzegovina.
In 2002, the Government of Bosnia and Herzegovina and the EC agreed on the Country Strategy 2002 - 2006. € 195 million were earmarked for the first three years from 2002 to 2004. EC assistance will focus on the following five areas: - democratic stabilization; - administrative capacity building; - economic and social development; - environment and natural resources; - justice and home affairs.
Funding is now mainly provided through the CARDS Program, which is supplemented with macro-financial assistance and financial support from other Community budget lines (e.g. European Initiative for Democracy and Human Rights, LIFE - Third countries).
In concert with the EU Presidency, the Delegation takes the lead in on-the-spot co-ordination of the implementation of all EU assistance, multi-lateral and bi-lateral, to increase synergy and - not to be forgotten - EU visibility.
Office of the High Representative (OHR)
The position of High Representative was created under the General Framework Agreement for Peace in BiH (Dayton Peace Accords) of 14 December 1995, which ended the four-year war in Bosnia and Herzegovina, to oversee the implementation of the civilian aspects of the Peace Agreement.
In general, the mission of the High Representative (who is also the European Union’s Special Representative) is to work with the people of BiH and the International Community to ensure that Bosnia and Herzegovina is a peaceful, viable state on course to European integration.
Mandate: The mandate of the High Representative derives from the Dayton Peace Accords. The High Representative is responsible for co-ordinating the implementation of the civilian aspects of the Dayton Peace Accords. The mandate covers: - monitoring the implementation of the peace settlement; - maintaining close contact with the parties to the Agreement, to promote their full compliance with all civilian aspects of the Agreement; - co-ordinating the activities of the civilian organisations and agencies in Bosnia and Herzegovina to ensure the efficient implementation of the civilian aspects of the peace settlement; - facilitating, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation; - participating in meetings of donor organisations; - reporting periodically on progress to the United Nations, European Union, United States, Russian Federation and other interested governments, parties and organisations.
Mission Implementation Plan (MIP): In order to accomplish that objective, the MIP sets out six core tasks for the organisation, and several programs under each task designed to accelerate progress toward a Stabilisation and Association Agreement for BiH: - entrenching the Rule of Law; - ensuring that extreme nationalists, war criminals, and organised criminal networks cannot reverse peace implementation; - reforming the economy; - strengthening the capacity of BiH‘s governing institutions, especially at the State level; - establishing State-level civilian command and control over armed forces, reforming the security sector, and paving the way for integration into the Euro-Atlantic framework; - promoting the sustainable return of refugees and displaced persons.
Capabilities: The OHR has several regional offices, in Banja Luka, Mostar, Brcko and Tuzla and 7 field offices. A representation office in Brussels liaises with international organisations outside Bosnia and Herzegovina.
Under Annex 10 of the GFAP, the OHR has the Status of a diplomatic mission to Bosnia and Herzegovina. It is made up of diplomats seconded by the governments of the PIC countries, international experts hired directly, and national staff from Bosnia and Herzegovina. In January 2005, the OHR employed 61 internationals (23 seconded staff and 38 contractors) and 330 national contractors.
On 12 September 2002, the OHR announced an increase in the number of BiH citizens in its staff, including its senior staff.
The OHR is funded by the PIC. Its budget in 2005 is 16.9 million Euros. Contributions to the OHR budget break down as follows: EU 53 per cent‚ USA 22 per cent, Japan 10 per cent, Russia 4 per cent, Canada 3.03 per cent‚ OIC 2.5 per cent, others: 5.47 per cent.
The Board of Principals: Following an extensive study carried out by the Office of the High Representative at the request of the Peace Implementation Council the coordinating structure of the International Community in Bosnia and Herzegovina was "streamlined” in 2002 to eliminate overlapping effort and responsibilities and increase effectiveness. As part of this process a Board of Principals was established, under the chairmanship of the High Representative, to serve as the main co-ordinating body for International Community activity in BiH. The Board of Principals meets once a week in Sarajevo. It is attended by: OHR, EUFOR, OSCE, EUPM, UNHCR, European Commission, the World Bank, the IMF and the UNDP.
The Organization for Security and Cooperation in Europe (OSCE)
The primary instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation in Europe, the Organization for Security and Cooperation in Europe (OSCE) plays a major role in the creation and development of a stable, peaceful, democratic and self-sustaining Bosnia and Herzegovina.
The OSCE‘s mandate was established under the General Framework Agreement for Peace (GFAP), drawn up in Dayton in late 1995 and signed in Paris in December 1995 to end four years of conflict. Since then, BiH has faced the daunting task of re-building itself as a multi-ethnic, democratic society.
The OSCE is one of the key agencies responsible for helping BiH make this transition and began its work in December 1995. In order to do this, the Mission has established programmes to promote the development of democratic political institutions at all levels of BiH, from the local to the State level.
The OSCE Mission to Bosnia and Herzegovina is made up of a head office in Sarajevo, four regional centres based in Sarajevo, Tuzla, Mostar and Banja Luka, and 20 field offices, covering the entire country. Furthermore, the Mission has helped to establish six political resource centres, which provide political parties, independent candidates and citizens groups with the necessary resources to participate in the creation of a pluralistic and multi-ethnic political environment.
The Mission‘s work is divided into the categories - education, - democratization, - public administration reform, - human rights, and - security co-operation.
One of the Mission‘s key strengths is its widespread field presence, which enables it to work very closely with local politicians, officials and citizens. The field staff can monitor the ever-changing situation in the country by facilitating and carrying out the Mission‘s tasks. The regional centres co-ordinate field activities to ensure that the Mission‘s policies and programmes are implemented consistently throughout BiH.
Approximately 800 people work for the Mission, of whom over 600 are national staff. The remainder come from around thirty of the OSCE‘s 55 participating States. There is a policy in place to expand progressively the number of BiH staff in the professional-level positions.
NATO HQ Sarajevo
The successful termination of SFOR did not imply the end of NATO’s engagement in Bosnia and Herzegovina. NATO’s long-term political commitment to BiH has remained unchanged, and NATO Headquarters Sarajevo constitutes NATO’s military presence in the country. A moderately sized Headquarters led by a Senior Military Representative was established on 2 December 2004 in order to support Bosnia and Herzegovina’s movement closer to Euro-Atlantic structures.
United Nations Security Council 1575 (2004) adopted by the UN on 23 November 2004 makes clear that EUFOR and NATO HQ Sarajevo are the legal successors to the SFOR mission. As such, EUFOR and NATO HQ Sarajevo enjoy the full authorities under Annexes 1A and 2 of the General Framework Agreement for peace in BiH. However, the principal task of NATO HQ Sarajevo is to provide advice on defence reform and assistance to the Bosnian authorities in reforming the armed forces, which eventually led towards a single military force in BiH, which has existed since 1 January 2006.
NATO HQ Sarajevo also undertakes certain operational tasks, including counter-terrorism whilst ensuring force protection, support to the International Criminal Tribunal for the former Yugoslavia, with regard to the detention of persons indicted for war crimes (PIFWC) and intelligence sharing with the EU. This is in line with political decisions taken by both NATO and the European Union.
International Criminal Tribunal for the Former Yugoslavia (ICTY)
The International Criminal Tribunal for the former Yugoslavia (ICTY) was established by Security Council Resolution 827. This resolution was passed on 25 May 1993 in the face of the serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, and as a response to the threat to international peace and security posed by those serious violations.
Seat
The ICTY is located in The Hague, The Netherlands.
Objectives
- To bring to justice persons allegedly responsible for serious violations of international humanitarian law; - to render justice to the victims; - to deter further crimes; - to contribute to the restoration of peace by holding accountable persons responsible for serious violations of international humanitarian law.
Jurisdiction
Subject-matter: The Tribunal’s authority is to prosecute and try four clusters of offences: - Grave breaches of the 1949 Geneva Conventions; - Violations of the laws or customs of war; - Genocide; - Crimes against humanity.
Geographic and Temporal: Any of the crimes as listed above, committed on the territory of the former Yugoslavia since 1991.
Personal: Jurisdiction only over natural persons and not over organisations, political parties, administrative entities or other legal subjects.
Vis-à-vis National Courts: The ICTY and national courts have concurrent jurisdiction over serious violations of international humanitarian law committed in the former Yugoslavia. However, the ICTY can claim primacy over national courts, and may take over national investigations and proceedings at any stage if this proves to be in the interest of international justice.
Proceedings: Investigations are initiated by the Prosecutor at his/her own discretion or on the basis of information received from individuals, governments, international organisations or non-governmental organisations.
Indictments must be confirmed by a judge prior to becoming effective.
The trial commences only once the accused is physically present before the Tribunal. At the initial appearance of the accused, the Trial Chamber asks the accused to enter a plea of guilty or not guilty.
The conduct of the trial draws from both the civil law and common law systems: elements of the adversarial and inquisitorial procedures are combined.
The Rules of Procedure and Evidence guarantee that ICTY proceedings adhere to internationally recognised principles of fair trial. As an important guarantee of a fair trial, the legal aid programme provides counsel for indigent defendants at the expense of the Tribunal. Other important elements include the presumption of innocence, the right to be tried without undue delay, the right to examine adverse witnesses and the right of appeal.
Procedural provisions for the protection of witnesses’ identities and the actual assistance provided before, during and after the proceedings by the Victims and Witnesses Section within the Registry ensure that witnesses can testify freely and safely.
Custody and Sentences: Following their arrest and until the completion of the proceedings, the accused are held in the ICTY Detention Unit which is located in The Hague and managed by the Registry.
The maximum sentence that can be imposed on an accused is life imprisonment.
Sentences are served in one of the States that have signed an agreement with the United Nations to accept persons convicted by the ICTY.
Cooperation with the ICTY
Although judicially independent, the ICTY must rely on international cooperation in order to successfully carry out its mandate. Cooperation by States or international organisations is vital to the collection of evidence, as well as to the detention and transfer of accused persons. States also offer indispensable cooperation in the relocation of sensitive witnesses or the enforcement of sentences handed down by the Tribunal. Additionally, States can contribute personnel or financial resources through the Tribunal’s Trust Fund.
Development: Since its inception, the Tribunal has become a fully operational legal institution rendering judgements and setting important precedents of international criminal and humanitarian law. Many legal issues now adjudicated by the Tribunal have never actually been adjudicated or have lain dormant since the Nuremberg and Tokyo trials.
ICTY Personnel: As of 21 December 2005: 1,146 staff members, 79 represented nationalities.