RESOLUTION 816 (1993)

Adopted by the Security Council at its 3191st meeting,
on 31 March 1993

 

The Security Council,

Recalling its resolutions 781 (1992) of 9 October 1992 and 786 (1992) of
10 November 1992,

Recalling paragraph 6 of resolution 781 (1992) and paragraph 6 of
resolution 786 (1992) in which the Council undertook to consider urgently, in
the case of violations of the ban on military flights in the airspace of the
Republic of Bosnia and Herzegovina, the further measures necessary to enforce
the ban,

Deploring the failure of some parties concerned to cooperate fully with
United Nations Protection Force (UNPROFOR) airfield monitors in the
implementation of resolutions 781 (1992) and 786 (1992),

Deeply concerned by the various reports of the Secretary-General concerning
violations of the ban on military flights in the airspace of the Republic of
Bosnia and Herzegovina (S/24783, $/24810, S/24840, S$/24870, S/24900 and Add.1
to 31),

Deeply concerned in particular by the Secretary-General’s letters to the
President of the Security Council of 12 and 16 March 1993 (S/25443 and S$/25444)
concerning new blatant violations of the ban on military flights in the airspace
of the Republic of Bosnia and Herzegovina, and recalling in this regard the
statement by the President of the Security Council of 17 March 1993 (S/25426),
and in particular the reference to the bombing of villages in the Republic of
Bosnia and Herzegovina,

Recalling the provisions of Chapter VIII of the Charter of the United
Nations,

Determining that the grave situation in the Republic of Bosnia and
Herzegovina continues to be a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to extend the ban established by resolution 781 (1992) to
cover flights by all fixed-wing and rotary-wing aircraft in the airspace of the
Republic of Bosnia and Herzegovina, this ban not to apply to flights authorized
by UNPROFOR in accordance with paragraph 2 below;

2. Requests UNPROFOR to modify the mechanism referred to in paragraph 3
of resolution 781 (1992) so as to provide for the authorization, in the airspace
of the Republic of Bosnia and Herzegovina, of humanitarian flights and other
flights consistent with relevant resolutions of the Council;

3. Requests UNPROFOR to continue to monitor compliance with the ban on
flights in the airspace of the Republic of Bosnia and Herzegovina, and calls on
all parties urgently to cooperate with UNPROFOR in making practical arrangements
for the close monitoring of authorized flights and improving the notification
procedures;

4. Authorizes Member States, seven days after the adoption of this
resolution, acting nationally or through regional organizations or arrangements,
to take, under the authority of the Security Council and subject to close
coordination with the Secretary-General and UNPROFOR, all necessary measures in
the airspace of the Republic of Bosnia and Herzegovina, in the event of further
violations, to ensure compliance with the ban on flights referred to in
paragraph 1 above, and proportionate to the specific circumstances and the
nature of the flights;

5. Requests the Member States concerned, the Secretary~General and
UNPROFOR to coordinate closely on the measures they are taking to implement
paragraph 4 above, including the rules of engagement, and on the starting date
of its implementation, which should be no later than seven days from the date
when the authority conferred by paragraph 4 above takes effect, and to report
the starting date to the Council through the Secretary-General;

6. Decides that, in the event of the Co-Chairmen of the Steering
Committee of the International Conference on the Former Yugoslavia notifying the
Council that all the Bosnian parties have accepted their proposals ona
settlement before the starting date referred to in paragraph 5 above, the
measures set forth in the present resolution will be subsumed into the measures
for implementing that settlement;

7. Also requests the Member States concerned to inform the
Secretary-General immediately of any actions they take in exercise of the
authority conferred by paragraph 4 above;

8. Requests further the Secretary-General to report regularly to the
Council on the matter and to inform it immediately of any actions taken by the
Member States concerned in exercise of the authority conferred by paragraph 4
above;

9. Decides to remain actively seized of the matter.
