Supplement to the Second Request for the Indication of Provisional Measures of Protection submitted by the Government of the Republic of Bosnia and Herzegovina

Document Number
10847
Document Type
Incidental Proceedings
Date of the Document
Document File
Document

88-RUG-1993 13:54 HOTEL PRES1DENT GENEUE 8841 22 7384758 P. 81

BryaSawge.~ttGneyat L-(117)344-2-CreatS:unday,August8, 19AM1-.Page1o24

I

I
SUPPLENZNT T0 THE REQUEST FOR THE INDICmION OF
PROV ISIONAL IVIEASURESOF PROTECTION BUBMITTED .BYTHE '.
OOVEI~NT OF THE REPUBLIC OF BOBNIA AND HERZEO~VINA'~

1
> - , . , 8- August 1993

TO His Excellencythe President, to the Judges of the
International Court of Justice, the undersigned being duly
authorized by the Republic of Bosnia and Herzegovinar

1 have the honor to refer to the -EST FOR TfIg INDICATION
OF PROVISIONAL mASURE8 OF PROTECTION 8ü'BMImD BY THlS 60Vfi:RNMENT
LIC OF BOSNIA AFJD HERZEWVIW, that 1 f iled with the
<* ':U::Eonv July 1993. For reasons fully explained therein, 1
.espectf ully reserved "the right to. amend, stipplement, or alter,
this ~equest for additional provisional measures at any the."
Since that date of filing, numerous facts have come to my
attention that have a decisiv.e bearing upon Our Request. For this
reason, 1 hereby supplement Section B of our Request as follows:

19 July 1.993

General Ratko Mladic admitted that the new attacks on
Sarajevo wero designed to place pressure on the Bosnian government

to accept partition. General Mladic stâted:

"It is up to Alija and those who advisehim to think what to
do. 1 have left Sarajevo to the end."

"Bosnia Threatens To Boycott 'Talks", Financial Times, 19 July
1993.

20 July 1993

Serbs tegan another bombardment of Mt. Igman, while Serbian
forces close3 in on positions in Sarajevo. !"U.S. Alarmed At
Bosnia Rut Plans No New Initiative, " Reuters, .20 July 1993. JG-1993 13:55 HOTEL PRESIDENT GENEUE 8041 22 7384750 P.02
BqanSavigenornatLaw-(217)344-2CrecitedSui, ugu8,489312AM -Page2o24
-----------------------------------------------------------+------------
---------

Allja lzetbegovic predicted that t& Serbs would begin
attackir~g Sarajevo proper, and asked for, aida In addition, Dr.
Radovan Karadzic announced plans to unite his self-proclairned
republic: in Bosnia with the Serb-held regions of Croatia, thus
providing th2 next step in the creation of '"reàter Serbia."
"Bssniari Presiàent Requests O.H. Belp; Serbs. Raise Stakes , Attack
Sarajevo," Çhl~ggo T-, 21 July 1993,.

General Ratko Hladic opnly declarëd-thathis attacks on
Sarajevo wers very successful, and was quoted as saying:
-. rn . .
"Things are movlng very well, açcordin~ tn pla. And they
Y1 will get even ktter. [ernphasis addedj"

uespite the U.N. ban on rnilitary flights., Gen, Mladic toured the
battlef~eld an a ~erbian military helicupter and even allowed
himself to bs photographed picnicking next ta it,

In addition, 10,000 pople, rnainly;-,Muslhs, were forced to
flee fram an area around ~aglaj encircl&l by Serbian and ~roatiân
forces. Rep~rts warned that 40,000 people trapped in the "Maglaj
pocket" were faced with imminent starvation. st os nia Çerbs Drive
To Take Sarajevo3 U.N, 1s Kept Back", New Yom, 22 July
1993.

In peaceth, the ratio of births abortions in Sarajevo
was three to one in favor of bkrths, Çince the war, those figures
have ken reversed. Many women cited lack of-food and other

necessities as a reason for aborting their fetuses.
,-.
Furthexmare, since the war began, the rate of premature
births has d~ubled to 12%, the proportion'of stillbrn births to
li live bii:ths had jumped 60% to 12 per 1.000, and the rate of
miscarriagesrose from 15 per 1,000 pregnancies to 26 per 1,000.
"Aborticin Rate Soars In Bosnia's ~ispirhed Capital, " m, 22
July 1993,

23 July 1993

Serbs tegân another process of artillery hmbardment of
Sarajevo. as-spitals repçrrted that at lmst 10 people were killed
and more than 50 seriously wounded, but with tbe heavy
bombardment,officials admitted that many more killed and wounded
had not ben brought in. blmost al1 çasualtias were civilians.
Serbs also sst up sni~r ambushes in al1 open areas of the city. iUG-1993 13 :56 HOTEL PREÇ 1DENT GEbiEUE 0041 22 7384750 P. 03 ~
BxyanSavige.Attoat La-(217344-286-Create: unda, ugust8. 1:2AM -Page3 of24
-------------- ---------.----------------------------------------------------------

In addition, President Bill Clinton stated publiclys
"we have aggressively committed ourselves to the process in
Geneva. "
..
"Serbs ' Attazk on Sarajevo Keeps osn ni ans rom ~.alks ", W New
Y,sukTuUaa, 23 July 1993.
... ...

In a statement read in a forma1 session by President Sir
David Bannay, the Security Council singled out and condemned the
Serb offensive on Mount Igman. The report stated the offensive
was airrmd at further isolating Sarajevo. "Council Demands End To
Fighting in Bosnia Before Resuming Negotiations ", Agence France
&,esse, 23 July 1993.

24 July 1993

Serbiac commanders led by General Ratko Mladlc began another
ustained offensive to capture the Western parts of Sarajevo.
3,777 shells hit the city in a 16-hour period, U.N. observers
recordeci. U.N. forces also estimated that the Serbs were using as

many as 300 artillery pieces .in the attack. A Serbian military
commander, C~lonel Sasoje Cojic, described the Serbian offensive
as:

"The beginning of the end of the Muslim forces in this area
and of the capture' of Sarajevo by Serbian, forces. "

"3,777 Shells Hit in 16-.ou. ~iege As ~esb Pincers Close on
Sarajevo, " The New Yox- , .24 July 2993.

Ahmed Zin, of the Egyptian aid agency designated to provide
group homes for the orphans of Bosnian râpe victims, estimated
that between 500 and 600 children of rape by Serbs had been born
in the last few months. He speculated that many more were

probably trapped with their mothers in the 70% of Bosnia under
, Serbian control.
Branka Herljevic, a Sarajevo lawyer and refugee stated that
in Bosnian sxiety, there was little chance that the children of
rape vic:tims could be raised by their mothers,. "Bosnia's Orphans
of Rape: Innocent Legacy of Hatred, " Tjmes, 24 July
1993.

25 July 1993

Serbiac artillery bombarded the ~oanian-held hi11 of Zuc
around Sarajevo. U.N. lnilitary observers stated the Serb attacks
were dessigne3 to allow the Serbs to gaih maximum tactical dG-1393 13: 5id HCITEL PRESIIiEbIT GEbIEWE 9841 22 7384750 P.84
-.
----------.----.-4--------------------------~--------.-m---LL------+---L
+Ld-=--------

advantage before the latest ceasefiire. -
I In addition, Serbs forces captured three villages (Lipvac,
Kolonija, and Brod) on the southern oufdkirts of Brcko. '"Firing
Continues in Sarajevo Area Despite Trudè Deadline",'&g.3~ic Fr-
Presse, 25 July 1993. K2
l -<.

26 July 1993;
l
Belgian Lt, Gen. Francis Briquemont accused Serbs of a "dirty
assault"on a WPROFOR parking lot in shra-jevo, where 8 U.N.
military vehicles were damaged and 2 weAk destroyed. At least 480
shells hit al1 of Sarajevo proper.
l In addition, Bosnian Gerbs attackqd Olowi, Maglaj,

Zavidovj-ci, Bugo-jno, and Novi Travnik i=& central Bosnia,. a'U.N.
Commander Says Bis Peacekeepers Will ~i.,,-Back If Attacked", W,
+5 July 1953. !
($
27 July 1893

Cornmander Barry Frewer of UNHCR rebrted that large numbers
of refugees from the Brcko area were trgkking over a grueling

mouritairi pass. The refugees ware repored to be mainly Muslh
women, ohildren, and elderly people. fi& refugees were apparently
fleeing new Serb artillery and tank assaults in Brcko.
In addition,Tomislav Cetouane, an' aid mrker for the French
relief agency solidarite, stated that rgugees on Mount fgman were
in desprats straita. Quoting C~touanei

"The situation regarding food is v&ky bad, They have not

had regular food supplies for three" or four months. The
weather conditions during the wintek on Igman are very
harsh, The displaced people left kheir houses and didn't
have tire tu take reserves of fciod"_o wintër will be Vary
difficult in this area, " .-
-.
Ib "Refugees T~ik South From North ~osnian~ki~htin~", m.~, 27
JU~Y 1993.

28. Jüly 1993
l 1
serbs tegan another offensive agai&t Brcko, the eighth
straight; day of Sesbian assaults. Cedric Thronberry of.UNPROFOR 1
reportecl that the refugees continued to flow $hpm the area. ?lSerbs 6RO
I
Strengthen C~ntrol of Northern Bosnian Corridor", IIEZ, 28 July
1993.
.-
.-

-1
,.
I .iCIG-13913:53 HCiTELPRESIDENT GENEVE 8041227354750 P.01

+-------------.----__--f--h-1-11---1-L-1--11--1---f---_---I_____I_II-L--
---*II_I

The United Nations admitted that the "safe areas" set up in
Bosnia ta pr3twt ~uslimS do not exist, Barry Frewer of the U.N.
stated thnt the international body never guaranteed protection to
Muslim c:ivilians. Frewes noted that witihout agreement from the
Bosnian Serbs, the safe areaK"s;Tere worthiless.
The safe areas were thought of as a poor consolation prize
for the Muslims after the rejectianof the Vance-Owen plan by the

Bosnian Serbs. When the U.N. declared that it would not force the
Serbs tc, givs up their conquered territdry, the Serbs pressed
their aggression even further, This has led the Serbian leader
Radovan Karadzic to endorse "safe areas" while at the sane the
demandirig half O£ Sarajevo, and al1 of Goradze, Zepa, and
Srebreni-ca (al1 U.M. declared "safe areas").
Appasamnt of the Serbs has becorna so prevalent that the
1-ench goverment declared a Serbian artillery strike against
il( ench U.N. forces "did not constitvte a direct threat" to the
cench trocrps, stating that the shells landed several hundred

yards away. However, eyewitnesses to the attack stated that the
shells Lande3 only 50 yards away, forcing the troops to run for
Gaver, The shellswere part of a ~erbiah plan to preventthe
French t:roops £tom setting up "safe areas" Sn Sarajevo by placing
"trip-wire"positions on the main exists to. and from the city,
Finally, the U.N. admitted with acute efnbrrassrrient that
while U.N. chief Lt. Gen Francis Briguerriont had issuecl a tough
warning to the Serbs regarding the Serb attacks and was seeking an
explanarion £rom Bosnian Serb commander Ratko Mladic, the U.N.
commander ha3 nnot ben able to make contact wfth Mladic for two

days. "Savlng Sarajevor U.N. Admits That 'Safe Areas' Do Not
Exist", Tk.Ln&ggmralsat, 29 JuLy 1993.

Radovan Karadzic admitted that the"bsnian SesbS were not
respcting the current truce, indicating that his forces would
adhere anly to the latest ceaeefire, Bosnian Serbs cuntinued to
their attacks on Sarajevo, Zuc hi11 around Sarajevo,' and around
Brcko, "Fighting Continues fn 3osnia Despite Ceaseiire Cal1 ln,
Agm~eJ~ms press^, 29 Yuly 1993.

Hospital sources In Sarajevo statedLTa total of 7 people had
ken killed and 33 wounded by shells and sniper £ire. In one
incident, a shell landed on a downtown Saraje~' courtyard where a
group of children were playing, supervised by their mthers. One
by and two wamen were killed,whlle sewn children ahd five
adults were wounded, Ofie artillery shell landed on the base of
the Spariish zontingent of the U.N. forces in Sarajevo, killlng one iUG-19Y3 14:01 HOTEL PRESIDEtxITGENEVE Qb41 22 7384758 P. 02
BryanSavige,Atial L-(217344-28-Created SunAugus8.199.25AM- Page6of24
-------------'-L--f----------------d-------*--d-------------------------
-'--------

soldier and wounding 17. "Rival ~ilita& Leaders ~iscuks
~easef ire ", Q~nce Fraaçie23"as, 30 July 199 3.

Several analysts,stated that prtit;ion O$ Bosnia would not
end the war, but inatead push. it in a nG direction. Quoting
Andrew McHallam, executive director of khe Mndon-baSed Institute
for European Def ense : y$;
2'-
"Partition will be a fis leaf. I think gueriila war can
be expzcted in Bosnia for many yea'is ta corne. Populations

have ken displaced. Setting down 'frontiers could create an
even g~eater bloodbath once people realize they are on the
wrong side. We have appeased agg-ssion, 1 am quite
concerned by what one sees in centrai Asia, in parts of
Africa, in South Africa, in Northetn IreLand, The, idea has
gained ground that if one' group wiMs out a popalation or
forces them out, no one in the ~dst wiil force them to
stop. "
.

xiso quoting Jonathan Eyall, an' analyst \atLondon's Royal United
Services Institute : -ti

"TI1e MuslUas will not forget the &trayal - that the West
did not corn tu their help after rebgnizing Bosnia as an
independent state." LL

"The Pei:ils 3f Partition for BQsnia; ~ew~~nalysts See Hope for
Peace Afiter Division", The Roean Gls_be,' 30 July 1993.

31 July 1993

Bosnian forces came under repeated :'attacke from Serbs in

Maglaj, Tesanj, ~avidovici, OLovo, and Wcko, as part of thé
general Serbian offensive in that area. -"Owen Cautfous-After
Bosnian Accord,'9r@ssmf 51 July 1993.
*. '

1 August 1993 ,

U.M. off icials acknowledged that pdftition of ~o&n%awould
result i-nths same levels of violence wghessed in 1947,
when
1ndia and Pakistan became independent. . . official stated:

"Think ~unjab [in India, where thogaands 6f people'suffered
acts o f violence following the India-Pakistan split of I
1947 1, think hundreds of thousands of people plling up
stakes and forcing hundreds of thousands of other people to 4UG-1993 14:@2 HQTEL PRESIDENT GENEVE
BryaSavg,Att~ineaLaw-(217344-28-Cieat~uiid3#ugus8.199125Abd-fag7 o24
--------------.-----------------------------------------------+---------
----------

do the saaie* Everybody here is buay planning for ~inter, as
if this country is going to look the sans as it does now.
They dcn4 t realize that once this ,- 5tion goes down, al1
heiL cçuXd break loose. )><
c,,
U,N. Commandvr Barry Frewer agreed ~lth~his assessmerk.
-..- .

In addition, Serbian attaicks were Gported againstMusLirn
ateas of naglaj, Tesanj, and ~avidovici; three toms the U.M.
believe could be cut off by a combined Serb-Croat offensive.
"Accord at Place Talks Brings More Inte&@ >,?,'ombat in Bosnla;
Migration Expected to Follow Partition,-U.N.Unsure Bow to React,"
Th%Haw3n Post, 1 August 1993.
7;-

U.N, off icials reported *kat 5,00O,?Serbian shells struck
Sara java in a three-day period. Much of2 the Serbian .offensive was
isigned to take Zuc hill, a stsateglcatly impbrtant area, If the
'I' .~bs captursd the hill, it would allow'kbern to freely fire into
.iypart of ~arajevo. aNc;-
In addition, the U.N. noted that tg& Serbaan leader Radovan
Karadzic: oncs again reneged on an agree&nt to allow.water and

humanitarian supplies into Sarajevo, poker and water had corn on
for a few days after the agreement was skgned, but the Serbs
turned them ~ff again, "Sesbs, t1usli.m~ Still Çeek Uppr Hand in
Sarajevo; Parti,tion Looms, But Combat Continaes," Thp: W-
&SA, '1Aughst 1993. z
.,.

2 August 1993

Serbs again attacked the s.trategicr&ights overlooking
Sarajevo. The Çerbs this time struck ateMount Bjelasnica.
Furthemore, the Serbs continued their hsaults on Beko.
IR addition, UNHCR officiais notedk:%hat partitian couid
create as many as a million new refugees'i "Basniankaders Oppose

Plan to Carvz Up the Country Tnto 3 Staa>.s,'' r 2
August 1993, ...

3 August 1593g

Gerbs further continued their aesaui't 'on the heights

surrounding sarajevo, in an effort to put anobher stianqlehold on
the besl-eged capital. "Serbs ~onsolidatk, Threaten Sarajevo
Peak," &IULE=, 3 August 1993. --a
..-
"'1
4 August 1992'

Peter Fessler, spokesman for UNHCR'$~ the new offensive by .AUC;-1993 14 :L33 HOTEL PRESIDENT GENEUE 8041 22 7384750 P.04 ~
BryanSavtge,Attorneyat Law-(217344-28 -C9reated~und6iAugust8, 19931.25AM -Page8 of 24
"""--------'----------"---------------------------.--------------------'
--------

...
... . .
"+Z. ..
the Serbs to take Mount, Igman.: .--
...
"If Ignan were to fa11 or if peopT+!were to fear the capture

of this mountain,, the vast majorit~'wou1d flee'to Sarajevo
through the airport. If there t~er6':to 6. 20 to 30,000
people to flee into 'the city, that?-muld have a dramatic
hpac t . " >,..
....

"Bosnians In 'Desperate Situation' to ~ave Mount Iman From
~al~ing , Age.~x;Eanc_e_~Pxese, 4 ~ugusi5:'1.... 93.
....
'-%'
5 August 1995"
.te -

Serbian general Ratko Mladic continued to press attacks on
the heiyhts surrounding Sarajevo, and re*ysed.to retreat from any
f the territory. Ignoring the U. N. noifly zone, he personally
.Pivered his refusal in a military helibopter. "Bosnia: Talks

ail As Serbs Take High Ground," The- -7 , 5 August 1993.
,.,.
L _ ' . i
6 August 1993:' I
b,' !

FOI the third time, a U.S: State Ldkrtmént official
criticized the U. S. government for inadion towards genocide
-against the Bosnian people. Marshall ~a*ris, the U.S. desk
officer on B~snia, in his letter of res&nation stated:
:.........

"1 can no longer serve in a depart&nt of state that accepts
the forceful dismembermnt of a ~u&pean.state and that will
noe act against genocide and the ~&*ian .of ficiah who
perpetrate it. The administration !-Tg srlving the' Bosnian

goverment to surrender its territq* and its sovereignty to
the victors in a war of aggressj.on.'
.... I
"Resignation Reveaïs U. S. ,Split Over ~os'nh; tat te Department
( official Deplores Inaction on de en oc ide',:^^ W Guam, 6 August
..
1993. . ....
_.I.L..

.~es~ectf u&ly submitted by,
..-

I
Francis &> 130yle
professor: of International Law
General Aqent for the Republic of

Bosnia and Herzegovina Before the
lnternat$onal Court of Justice.
..-
.a
--

Document Long Title

Supplement to the Second Request for the Indication of Provisional Measures of Protection submitted by the Government of the Republic of Bosnia and Herzegovina

Links