The war in Croatia lasted until January 1992, when an unconditional ceasefire established a restless peace between the Croatian government and ethnic Serbs. The war between Croats and Bosniaks ended with the signing of the Washington Agreement in March 1994 and formed an uncomfortable alliance known as the Bosnian-Croatian Federation. Meanwhile, fighting continued between Bosnian Croat forces and Serbs, despite international efforts to achieve a permanent ceasefire, including a no-fly zone, a fire-free zone around Sarajevo and humanitarian operations. In February 1994, during NATO`s first use of force, NATO fighters shot down four Serbian planes that violated the no-fly zone. Later, in May 1995, NATO carried out airstrikes on the Serbian stronghold of Pale. This was one of the first cases in which the Court had to address the question of the legal nature of the Constitution. By making this remark in the manner of an obiter dictum in relation to Annex IV (the Constitution) and the rest of the peace agreement, the Court in fact created “the basis of the legal unity”[9] of the entire peace agreement, which further implied that all annexes are included in hierarchical equality. In subsequent decisions, the Court confirmed this by using other annexes to the Peace Agreement as a direct basis for the analysis, and not only in the context of the systematic interpretation of annex IV. However, since the Court rejected the applicants` application, it did not specify the controversial issues of the legality of the procedure by which the new Constitution (Annex IV) entered into force and replaced the old Constitution of the Republic of Bosnia and Herzegovina. The court used the same reasoning to dismiss the similar action in a later case. [10] The General Framework Agreement with 11 annexes was officially signed in Paris on 14 December by the parties and witnesses of President Clinton, French President Jacques Chirac, British Prime Minister John Major, German Chancellor Helmut Kohl and Russian Prime Minister Viktor Chernomyrdin. The agreement called on Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia to commit themselves to full respect for the sovereign equality of others and to the settlement of disputes by peaceful means. In addition, the parties agreed to fully respect human rights and the rights of refugees and displaced persons.
Finally, the parties agreed to cooperate fully with all entities, including those authorized by the United Nations Security Council, in the implementation of the peace settlement and in the investigation and prosecution of war crimes and other violations of international humanitarian law. Prior to the agreement, Bosnian Serbs controlled about 46 per cent of Bosnia and Herzegovina (23,687 km2), Bosniaks 28 per cent (14,505 km2) and Bosnian Croats 25 per cent (12,937 km2). The agreement is known as the Dayton Agreement because the negotiations took place at Wright-Patterson Air Force Base, near Dayton, Ohio. The trial was led by Richard Holbrooke, the U.S.`s top peace negotiator, and Secretary of State Warren Christopher. The agreement mandated a wide range of international organizations to monitor, monitor and implement the elements of the agreement. THE NATO-led IFOR (Implementation Force) was responsible for implementing the military aspects of the agreement and was deployed on 20 December 1995, taking over UNPROFOR forces. The Office of the High Representative has been entrusted with civilian implementation. The Organization for Security and Cooperation in Europe was mandated to organize the first free elections in 1996.
[5] The immediate objective of the agreement was to freeze the military confrontation and prevent its resumption. It has therefore been defined as the “construction of necessity”. [11] On February 13, 2008, the head of the Presidium of Bosnia and Herzegovina, Željko Komšić, stated that the original Dayton Agreement had been lost from the presidency`s archives. The High Representative for Bosnia and Herzegovina, Miroslav Lajčak, said: “I don`t know if the news is sad or funny.” [24] On the 16th. In November 2009, the French Ministry of Foreign Affairs handed over the certified copy of the Dayton Agreement to the French Embassy in Sarajevo. The copy was then handed over to the Ministry of Foreign Affairs of Bosnia and Herzegovina. [25] The original was found in a private home in Pale in 2017, which led to the arrest of one person. [26] For the peace agreement to work, it must be implemented […].