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SECTION I

THE OPERATIONAL ENVIRONMENT

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Operation Joint Endeavor was intended to be a military operation focused on coordinating the efforts of all factions to enforce the peace in Bosnia. Thus, a cause of the civil disturbance might have been the result of uncoordinated actions by the civil police.

The beginning of wisdom is in understanding the General Framework Agreement for Peace, the constitution of Bosnia-Herzegovina, and the guidance from the Commander of the Allied Rapid Reaction Corps which provided the base from which TFE operated.

TFE was a Multi-National Division of the Implementation Force and under the operational control of the Allied Rapid Reaction Corps.

The Inter-Entity Boundary Line (IEBL), agreed upon at Dayton, represented essentially the boundary between the former warring factions. A 2-kilometer buffer on both sides of the IEBL was established, creating the zone of separation. TFE was responsible for keeping the military forces of the former warring factions separated and ensuring the zone of separation remained free of all unauthorized weapons. However, civilians had the right to move through the zone of separation (without weapons) to the other side of the IEBL. Given that, Paragraph 15 of the Commander of the Allied Rapid Reaction Corps Policy Guidance No. 1 defined Implementation Force's role:

". . . Guaranteeing civilian freedom of movement is not a task for the Implementation Force. It also recognizes that the Entities may find it necessary to have checks at their border. However, checkpoints that refuse entry based on ethnicity or extort money are beyond what is necessary. The Constitution (of Bosnia-Herzegovina) is a basis for negotiating against checkpoints that impede freedom of movement. The constitution places the burden on ensuring freedom of movement on civilian law enforcement agencies, except within the zone of separation where Implementation Force continues to provide security."

The last census taken showed that Bosnia had a population of 3.5 million people. As of May 1996, it was estimated that of that number, 900,000 people were displaced persons and another 900,000 people lived outside Bosnia in other countries. The repatriation of these people clearly represented a significant impact on freedom of movement.

On Authorized Weapons

According to Bosnian law, civilians (not police) could keep bolt action, pump, semi-automatic, revolver or single shot pistols, rifles, and shotguns. However, civilians could not have those weapons in the zone of separation, and they could not threaten the Implementation Force, the entities' forces or local populations with such weapons under any circumstances. Civilians could not carry military design weapons, despite any "hunting" purpose. Under Bosnian law, civilians had to carry a weapon permit with them when in possession of a firearm. Privately owned weapons had to be registered at the nearest police station. Brigade Commanders could establish policies authorizing the seizure of weapons from civilians who were unable, upon request, to produce them.

Civilian police were authorized to carry only side arms. Shotguns and semiautomatic rifles could not be carried by police on foot, carried in patrol cars, or kept at checkpoints unless civilian police bought and obtained IPTF approval for such possession.

Nonetheless, incidents like the one in Lukavica occurred, and they were occurring more frequently.

". . . while driving into Lukavac, two Serbs were surrounded by a crowd of Muslims. One Serb escaped on foot and was stopped by a TFE patrol. The other Serb remained encircled by the Muslim civilians; the car had been overturned and the Serb was badly beaten. The Muslim police intended to arrest the Serb for war crimes. In an effort to save the Serb's life, the TFE platoon leader liaisoned with the IPTF and it was agreed that the trapped Serb would be transported to the Lukavac police station by the IPTF and the TFE Battalion would be responsible for security. Two armored personnel carriers were brought on site. At the same time, one of the Muslim policeman fired five - seven rounds in the air. A fight broke out between the locals and the police. During the fray, one of the locals was shot through the hand. The crowd scattered, and the TFE platoon managed to surround the car. The Serb was then transported to the armored personnel carrier. During this process, a TFE soldier was stabbed in the back; however, his flak jacket prevented any injury." ---From an After-Action Review after a Riot at Lukavac

As a result, the Commander of the Allied Rapid Reaction Corps published guidance on the Implementation Force's role in civil disturbances:

• The responsibility for law enforcement rests with the civilian authorities - - local police and the IPTF. Implementation Force soldiers are not to serve as crowd control or riot police.

• That said, the Implementation Force will assist (in disturbances), when requested, on a case-by-case basis, to the extent Implementation Force's primary duties permit.

• The right of the people of Bosnia to organize, peacefully demonstrate and assert their freedom of expression is clearly recognized. However, politically orchestrated events that encourage violence are incompatible with this ideal.

• It is the obligation of the Parties and their police forces to provide a secure and safe environment for all persons. They are obligated to maintain law and order. Visits or demonstrations, when not properly coordinated with local civil authorities, have the potential to degenerate into civil disorder.

• If the responsible Parties and their civil and police authorities are not prepared or are unable to take appropriate action to control events, the demonstration will be considered a threat to peace and public order.

• Armed soldiers are not the correct force to control crowds. However, in their absence, Implementation Force forces may be requested to take appropriate measures to restrict or prevent large-scale movement of vehicles to assist in controlling the situation.

• Civil police are authorized checkpoints on their side of the zone of separation to effect movement control to prevent mass movement or demonstrations judged to be a threat to peace. Implementation Force is to ensure that police understand their responsibilities and coordinate their activity with Implementation Force at all levels.

• Commanders should visit local officials and police to coordinate activities with IPTF and United Nations High Commissioner for Refugees officials. Implementation Force troops will remain, as necessary, in the zone of separation to continue military tasks, and:
  • Implementation Force should establish roadblocks, checkpoints behind faction police but forward of the zone of separation, to physically prevent or reduce vehicle mass movement.
  • Implementation Force should not prevent mass movement on foot (but control and coordinate the civilian movement).
  • Implementation Force should not place themselves in a position where they have to separate opposing crowds of civilians.
  • Implementation Force should be "covertly" equipped with riot control equipment (shields, batons, truncheons, rubber bullets, CS gas).

• Implementation Force rules of engagement are in effect.
  • Implementation Force release authority to use riot control rests with the Commander of the Allied Rapid Reaction Force.
  • Force can only be used in self defense, or, when serious crimes, to include aggravated assaults, are committed in Implementation Force presence. Force may be used to detain perpetrators.

By their charter, two International Organizations played a significant role in assisting TFE before and during situations of potential violence, particularly crossings of the Inter-Entity Boundary Line by civilians.

The International Police Task Force (IPTF)

The IPTF was a United Nations-established and -sponsored police-monitoring organization. It was composed of active and retired police officers recruited by their national governments to participate in the UN's international police monitoring and training program.

The General Framework Agreement for Peace has described the IPTF assistance program as responsible for monitoring, observing and inspecting law enforcement activities and facilities as well as associated judicial organizations, structures and proceedings. Additional tasks of the IPTF include:

• Advising law enforcement personnel.
• Training law enforcement personnel.
• Facilitating, within the IPTF's mission of assistance, the Parties law enforcement activities.
• Assessing threats to public order and advising on the capability of law enforcement agencies to deal with such threats.
• Advising governmental authorities in Bosnia-Herzegovina on organizations of effective civilian law enforcement agencies.
• Assisting by accompanying the Party's law enforcement personnel as they carry out their responsibilities, as the IPTF deem appropriate.

United Nations High Commissioner for Refugees (UNHCR)

The United Nations High Commissioner for Refugees was the United Nation's organization that coordinated the response to a refugee or displaced persons emergency. The chief aim of the United Nations High Commissioner for Refugees emergency response was to provide protection to persons of concern to the United Nations High Commissioner for Refugees and to ensure that the necessary assistance reached them in time.

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Introduction
Section II: "What Went Right at Maglaj?"