Human Rights & Humanitarian Law

The situation in Bosnia and Herzegovina
- Ethnic Cleansing - UN General Assembly Resolution 

A/RES/46/242, 91st plenary meeting
25 August 1992

The situation in Bosnia and Herzegovina

The General Assembly,

Having considered the item entitled "The situation in Bosnia and
Herzegovina",

Reaffirming the purposes and principles of the Charter of the United
Nations and guided by the need to implement them,

Aware of its responsibility to promote and encourage respect for
international legitimacy,

Considering that the United Nations, pursuant to the provisions of its
Charter, has a major role to play in, and responsibility for, the maintenance
of international peace and security,

Recalling the relevant resolutions of the Security Council, the United
Nations Educational, Scientific and Cultural Organization and the Commission
on Human Rights, as well as Economic and Social Council decision 1992/305 of
18 August 1992,

Noting that a large number of States have reserved their position
regarding the succession of the Socialist Federal Republic of Yugoslavia by
the Federal Republic of Yugoslavia (Serbia and Montenegro),

Deploring the grave situation in Bosnia and Herzegovina and the serious
deterioration of the living conditions of the people there, especially the
Muslim and Croat populations, arising from the aggression against the
territory of the Republic of Bosnia and Herzegovina, which constitutes a
threat to international peace and security,

Alarmed by the prospect of further escalation of the fighting in the
region,

Expressing grave alarm at continuing reports of widespread violations of
international humanitarian law occurring within the territory of the former
Yugoslavia and especially in Bosnia and Herzegovina, including reports of mass
forcibile expulsion and deportation of civilians, imprisonment and abuse of
civilians in detention centres and deliberate attacks on non-combatants,
hospitals and ambulances, impeding the delivery of food and medical supplies
to the civilian population, as well as wanton devastation and destruction of
property,

Strongly condemning the abhorrent practice of "ethnic cleansing", which
constitutes a grave and serious violation of international humanitarian law,

Recalling the report of the Secretary-General of 12 May 1992, in which he
states that "all international observers agree that what is happening is a
concerted effort by the Serbs of Bosnia and Herzegovina, with the acquiescence
of, and at least support from, the Yugoslav People's Army, to create
"ethnically pure" regions in the context of negotiations on the
"cantonization" of the Republic in the Conference of the European Community on
Bosnia and Herzegovina",

Expressing grave concern that, despite the relevant resolutions of the
Security Council, no effective measure has been implemented to stop the
abhorrent practice of "ethnic cleansing", or to reverse and discourage the
policies and proposals that might encourage it,

Appalled by the continuing reports of widespread, massive and grave
violations of human rights perpetrated within the territory of the former
Yugoslavia and especially in Bosnia and Herzegovina, including reports of
summary and arbitrary executions, forced disappearances, torture, rape and
other cruel, inhuman or degrading treatment, as well as arbitrary arrest and
detention,

Expressing grave concern that, despite repeated demands by the Security
Council, the cease-fire agreed upon by all parties has not been respected,

Concerned that other demands made by the Security Council in its relevant
resolutions, especially resolutions 752 (1992) of 15 May 1992, 757 (1992) of
30 May 1992, 764 (1992) of 13 July 1992 and 770 (1992) and 771 (1992) of 13
August 1992, have not been complied with,

Reaffirming the necessity of respecting the sovereignty, territorial
integrity, political independence and national unity of the Republic of Bosnia
and Herzegovina, and rejecting any attempt to change the boundaries of that
Republic,

Reaffirming also the inherent right of the Republic of Bosnia and
Herzegovina to individual or collective self-defence in accordance with
Article 51 of the Charter,

Underlining the imperative need for an urgent peaceful solution to the
situation in Bosnia and Herzegovina, in conformity with the Charter and the
principles of international law, in particular the principles of respect for
sovereignty and territorial integrity of States, non-recognition of the fruits
of aggression and non-recognition of the acquisition of territory by force,
and welcoming in this context the International Conference on the Former
Yugoslavia, scheduled to be convened in London on 26 August 1992,

Commending the efforts of the Secretary-General, the Security Council,
United Nations agencies, including the Office of the United Nations High
Commissioner for Refugees and other international and relief organizations,
including the Organization of the Islamic Conference, the European Community,
the Conference on Security and Cooperation in Europe and the International
Committee of the Red Cross,

Commending also the United Nations Protection Force for its continuing
action in support of the relief operation in Sarajevo and other parts of
Bosnia and Herzegovina,

Deeply concerned about the safety of the personnel of the United Nations
Protection Force and expressing sympathy for the losses suffered by them,

1. Demands that all parties to the conflict immediately stop fighting
and find a peaceful solution in line with the Charter of the United Nations
and the principles of international law, in particular the principles of
respect for sovereignty and territorial integrity of States, non-recognition
of the fruits of aggression and non-recognition of the acquisition of
territory by force;

2. Demands also that all forms of interference from outside the Republic
of Bosnia and Herzegovina cease immediately;

3. Demands further that those units of the Yugoslav People's Army and
elements of the Croatian Army now in Bosnia and Herzegovina must either be
withdrawn, or be subject to the authority of the Government of Bosnia and
Herzegovina, or be disbanded and disarmed with their weapons placed under
effective international monitoring, and requests the Secretary-General to
consider without delay what kind of international assistance could be provided
in this connection;

4. Reaffirms its support for the Government and people of the Republic
of Bosnia and Herzegovina in their just struggle to safeguard their
sovereignty, political independence, territorial integrity and unity;

5. Urges the Security Council to consider on an urgent basis, taking
further appropriate measures, as provided in Chapter VII of the Charter, to
put an end to the fighting and to restore the unity and the territorial
integrity of the Republic of Bosnia and Herzegovina;

6. Condemns the violation of the sovereignty, territorial integrity and
political independence of the Republic of Bosnia and Herzegovina as well as
the massive violations of human rights and international humanitarian law, in
particular the abhorrent practice of "ethnic cleansing", and demands that this
practice be brought to an end immediately and that further steps be taken, on
an urgent basis, to stop the massive and forcible displacement of population
from and within the Republic of Bosnia and Herzegovina, as well as all other
forms of violation of human rights in the former Yugoslavia;

7. Affirms that States are to be held accountable for violations of
human rights which their agents commit upon the territory of another State;

8. Calls upon all States and international organizations not to
recognize the consequences of the acquisition of territory by force and of the
abhorrent practice of "ethnic cleansing";

9. Demands that the International Committee of the Red Cross be granted
immediate, unimpeded and continued access to all camps, prisons and other
places of detention within the territory for the former Yugoslavia and that
all parties ensure complete safety and freedom of movement for the
International Committee and otherwise facilitate such access;

10. Demands also the safe, unconditional and honourable repatriation of
the refugees and deportees to their homes in Bosnia and Herzegovina and
recognizes their right to receive reparation for their losses;

11. Calls upon organs of the United Nations and all international relief
agencies to facilitate the return of the displaced people to their homes in
the Republic of Bosnia and Herzegovina, as well as their rehabilitation;

12. Commends the untiring efforts and the bravery of the United Nations
Protection Force in securing the relief operation in the Republic of Bosnia
and Herzegovina, as well as the efforts of the Office of the United Nations
High Commissioner for refugees and other relief agencies;

13. Urges all parties and others concerned to take the necessary
measures to secure the safety of the United Nations Protection Force and all
other United Nations personnel;

14. Urges all States to support the ongoing efforts to be taken in
accordance with the relevant Security Council resolutions to facilitate the
delivery of humanitarian assistance to all parts of the Republic of Bosnia and
Herzegovina;

15. Requests the Secretary-General to report to the General Assembly at
its forty-seventh session on the implementation of the present resolution;

16. Decides to remain seized of the matter and to continue its
consideration of this item at its forty-seventh session.