71
by President Milo{evi}, who would have a casting vote in case of divided votes. 200 Later
on, when it came to the signing of the various agreements made at Dayton, it emerged again
that it was the FRY that in many respects acted as the international subject wielding
authority over the Republika Srpska. The General Framework Agreement, by which Bosnia
and Herzegovina, Croatia and the FRY endorsed the various annexed Agreements and
undertook to respect and promote the fulfilment of their provisions, was signed by President
Milo{evi}. This signature had the effect of guaranteeing respect for these commitments by
the Republika Srpska. Furthermore, by a letter of 21 November 1995 addressed to various
States (the United States, Russia, Germany, France and the United Kingdom), the FRY
pledged to take “all necessary steps, consistent with the sovereignty, territorial integrity and
political independence of Bosnia and Herzegovina, to ensure that the Republika Srpska fully
respects and complies with the provisions” of the Agreement on Military Aspects of the
Peace Settlement (Annex 1A to the Dayton-Paris Accord). 201 In addition, the letter by
which the Republika Srpska undertook to comply with the aforementioned Agreement was
signed on 21 November 1995 by the Foreign Minister of the FRY, Mr. Milutinovi}, for the
Republika Srpska. 202
160.
All this would seem to bear out the proposition that in actual fact, at least between
1992 and 1995, overall political and military authority over the Republika Srpska was held
by the FRY (control in this context included participation in the planning and supervision of
ongoing military operations). Indeed, the fact that it was the FRY that had the final say
regarding the undertaking of international commitments by the Republika Srpska, and in
addition pledged, at the end of the conflict, to ensure respect for those international
commitments by the Republika Srpska, confirms that (i) during the armed conflict the FRY
exercised control over that entity, and (ii) such control persisted until the end of the conflict.
200
This agreement stipulated that the delegation of the Republika Srpska was to be “headed by the President
of the Republic of Serbia Mr. Slobodan Miloševic” (Article 2). Pursuant to this agreement, the leadership of
the Republika Srpska agreed “to adopt the binding decisions of the delegation, regarding the Peace Plan, in
plenary sessions, by simple majority. In the case of divided votes, the vote of the President,
Mr. Slobodan Miloševic, shall be decisive” (Article 3). That Mr. Miloševic was head of the joint delegation
was confirmed by Mr. Miloševic himself in his letter of 21 November 1995 to President Izetbegovi}
concerning Annex 9 to the Dayton-Paris Accord. (Agreement on file with the International Tribunal’s
Library).
201
This letter had been signed by Mr. Milutinovic, Foreign Minister of the FRY, following a request of 20
November 1995 of the three members of the “Delegation of Republika Srpska” to Mr. Miloševic.
202
See the texts of the Dayton-Paris Accord (General Framework Agreement for Peace in Bosnia and
Herzegovina, initialled by the parties on 21 November 1995, U.N. Doc. A/50/790, S/1995/999, 30 November
1995).
Case No.: -94-1-A
15 July 1999