RESOLUTION 859 (1993)

Adopted by the Security Council at its 3269th meeting,
on 24 August 1993

The Security Council,

Recaliing all its previous resolutions on the conflict in the Republic of
Bosnia and Herzegovina,

Reaffirming the sovereignty, territorial integrity and political
independence of the Republic of Bosnia and Herzegovina and the responsibility of
the Security Council in this regard,

Reaffirming further that the Republic of Bosnia and Herzegovina, as a State
Member of the United Nations, enjoys the rights provided for in the Charter of
the United Nations,

Noting that the Republic of Bosnia and Herzegovina has continued to be
subject to armed hostilities in contravention of Security Council resolution
713 (1991) and other relevant Security Council resolutions and that, despite all
efforts by the United Nations as well as reGional organizations and
arrangements, there is still no compliance with all relevant Security Council
resolutions, in particular by the Bosnian Serb party,

Condemning once again all war crimes and other violations of international
humanitarian law, by whomsoever committed, Bosnian Serbs or other individuals,

 Deeply concerned at the deterioration of humanitarian conditions in the
Republic of Bosnia and Herzegovina, including in and around Mostar, and
determined to support in every possible way the efforts by the United Nations
Protection Force (UNPROFOR) and the United Nations High Commissioner for
Refugees (UNHCR) to continue providing humanitarian assistance to civilian
populations in need,

Concerned about the continuing siege of Sarajevo, Mostar and other
threatened cities,

Strongly condemning the disruption of public utilities (including water,
electricity, fuel and communications), in particular by the Bosnian Serb party,
and calling upon all parties concerned to cooperate in restoring them,

Recalling the principles for a political solution adopted by the London
International Conference on the Former Yugoslavia,

Reaffirming once again the unacceptability of the acquisition of territory
through the use of force and the practice of "ethnic cleansing",

Stressing that an end to the hostilities in the Republic of Bosnia and
Herzegovina is necessary to achieve meaningful progress in the peace process,

Mindful of its primary responsibility under the Charter of the United
Nations for the maintenance of international peace and security,

Taking into account the reports of the Co-Chairmen of the Steering
Committee of the International Conference on the Former Yugoslavia contained in
documents S/26233, S/26260 and S$/26337,

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. Notes with appreciation the report by the Secretary-General's Special
Representative on the latest developments at the Geneva peace talks and urges
the parties, in cooperation with the Co-Chairmen, to conclude as soon as
possible a just and comprehensive political settlement freely agreed by all of
them;

2. Calls for an immediate cease-fire and cessation of hostilities
throughout the Republic of Bosnia and Herzegovina as essential for achieving a
just and equitable political solution to the conflict in Bosnia and Herzegovina
through peaceful negotiations;

3. Demands that all concerned facilitate the unhindered flow of
humanitarian assistance, including the provision of food, water, electricity,
fuel and communications, in particular to the "safe areas" in Bosnia and
Herzegovina;

4. Demands also that the safety and operational effectiveness of UNPROFOR
and UNHCR personnel in Bosnia and Herzegovina be fully respected by all parties
at all times;

5. Notes with appreciation the Secretary-General's letter of
18 August 1993 (S/26335) stating that the United Nations has now the initial
operational capability for the use of air power in support of UNPROFOR in Bosnia
and Herzegovina;

6. Affirms that a solution to the conflict in the Republic of Bosnia and
Herzegovina must be in conformity with the Charter of the United Nations and the
principles of international law; and further affirms the continuing relevance in
this context of:

(a) The sovereignty, territorial integrity and political independence of
the Republic of Bosnia and Herzegovina;

(b) The fact that neither a change in the name of the State nor changes
regarding the internal organization of the State such as those contained in the
constitutional agreement annexed to the Co-Chairmen's report in document §/26337
would affect the continued membership of Bosnia and Herzegovina in the United
Nations;

(c}) The principles adopted by the London International Conference on the
Former Yugoslavia, including the need for a cessation of hostilities, the
principle of a negotiated solution freely arrived at, the unacceptability of the
acquisition of territory by force or by "ethnic cleansing” and the right of
refugees and others who have suffered losses to compensation in accordance with
the statement on Bosnia adopted by the London Conference;

(d) Recognition and respect for the right of all displaced persons to
return to their homes in safety and honour;

(e) The maintenance of Sarajevo, capital of Bosnia and Herzegovina, as a
united city and a multicultural, multi-ethnic and pluri-religious centre;

7. Recalls the principle of individual responsibility for the
perpetration of war crimes and other violations of international humanitarian
law and its decision in resolution 827 (1993) to establish an International
Tribunal;

8. Declares its readiness to consider taking the necessary measures to
assist the parties in the effective implementation of a fair and equitable
settlement once it has been freely agreed by the parties, which would require a
decision by the Council;

9. Decides to remain actively seized of the matter.
