A/RES/49/10
Page 3
Reaffirming its determination to prevent acts of genocide and crimes
against humanity and other violations of international humanitarian law,
Gravely concerned at the persistent and systematic campaign of ethnic
cleansing, involving murder, rape, torture and other inhumane treatment,
perpetrated by the Bosnian Serb forces in Banja Luka, Bijeljina and other
areas of Bosnia and Herzegovina under their control, and emphasizing that
these practices, as described in the reports of the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in the territory
of the former Yugoslavia, constitute clear violations of international
humanitarian law, including the Geneva Conventions of 12 August 1949 4/ and
Additional Protocols thereto, of 1977, 5/ and pose a serious threat to the
peace effort,
Commending the work conducted by the Commission of Experts established
pursuant to Security Council resolution 780 (1992) of 6 October 1992,
Welcoming the establishment by the Security Council of the International
Tribunal for the Prosecution of Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the Territory of the Former
Yugoslavia since 1991, and calling upon all States to cooperate fully with the
work of the Tribunal,
Noting that the International Court of Justice, in its Order of
13 September 1993 in the case concerning the application of the Convention on
the Prevention and Punishment of the Crime of Genocide (Bosnia and
Herzegovina v. Yugoslavia (Serbia and Montenegro)), indicated as a provisional
measure that "the Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro) should immediately, in pursuance of its undertaking in the
Convention on the Prevention and Punishment of the Crime of Genocide of
9 December 1948, take all measures within its power to prevent the commission
of the crime of genocide", 6/
Taking note of the Order of the International Court of Justice of
13 September 1993, in which it stated that "the present perilous situation
demands ... [the] immediate and effective implementation of those
[provisional] measures", 7/
Stressing the importance of efforts to restore peace in the entire
territory of the Republic of Bosnia and Herzegovina as well as to preserve its
territorial integrity within the internationally recognized borders,
consistent with relevant Security Council resolutions, and emphasizing that
the occupied parts of the Republic are an integral part of its territory,
____________
4/
United Nations, Treaty Series, vol. 75, Nos. 970-973.
5/
Ibid., vol. 1125, Nos. 17512 and 17513.
6/
Application of the Convention on the Prevention and Punishment of
the Crime of Genocide, Provisional Measures, Order of 13 September 1993,
I.C.J. Reports 1993, p. 325 (para. 37, A (1)).
7/
Ibid., para. 59.
/...