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1995 treaty ending the Bosnian War
"Dayton Treaty" redirects here. For the Native American treaty, see
Treaty with the Kalapuya, etc.
Dayton Peace Agreement
General Framework Agreement for Peace in Bosnia and Herzegovina
Seated from left to right:
Slobodan Milošević
Alija Izetbegović
Franjo Tuđman
initialling the Dayton Peace Accords at the Wright-Patterson Air Force Base on 21 November 1995.
Drafted
10 August 1995
1995-08-10
Signed
21 November 1995
1995-11-21
(initialed on)
Location
Wright-Patterson Air Force Base
Dayton, Ohio
, U.S.
Signatories
Alija Izetbegović
Franjo Tuđman
Slobodan Milošević
Witnessed by:
Felipe González
Jacques Chirac
Helmut Kohl
Viktor Chernomyrdin
John Major
Bill Clinton
Parties
Republic of Bosnia and Herzegovina
Croatia
Federal Republic of Yugoslavia
Witnessed by:
European Union
France
Germany
Russia
United Kingdom
United States
Language
Bosnian
Croatian
and
Serbian
Wikisource
has original text related to this article:
General Framework Agreement for Peace in Bosnia and Herzegovina
The
General Framework Agreement for Peace in Bosnia and Herzegovina
, also known as the
Dayton Agreement
or the
Dayton Accords
Serbo-Croatian
Dejtonski mirovni sporazum
Дејтонски мировни споразум
), and colloquially known as
the Dayton
(Serbo-Croatian:
Dejton
Дејтон
), is the peace agreement ending the three-and-a-half-year-long
Bosnian War
, an armed conflict part of the larger
Yugoslav Wars
It was signed on 21 November 1995 in
Dayton, Ohio
, United States, at
Wright-Patterson Air Force Base
. It was re-signed ceremonially in Paris, France, on 14 December 1995.
The warring parties agreed to peace and to a single sovereign state known as
Bosnia and Herzegovina
composed of two parts: the largely
Serb
-populated
Republika Srpska
and mainly
Croat
Bosniak
-populated
Federation of Bosnia and Herzegovina
. Bosnia and Herzegovina entered into the related
arms control
treaty, the
Florence Agreement
, in 1996 under the Accords. The Dayton followed the
Washington Agreement
, signed the year prior, in collective efforts to delineate
the country's geography
Praised for establishing lasting peace in Bosnia and Herzegovina, the Dayton Accords have also been criticized for creating an unduly complex political governance system in the country, as well as entrenching regional
ethnic cleansing
Negotiation and signature
edit
Video of the signing of the Dayton Agreement
Though basic elements of the Dayton Agreement were proposed in international talks as early as 1992,
these negotiations were initiated following the
unsuccessful previous peace efforts and arrangements
, the August 1995 Croatian military
Operation Storm
and its aftermath, the government military offensive against the
Republika Srpska
, conducted in parallel with NATO's
Operation Deliberate Force
. During September and October 1995, world powers (especially the United States and Russia), gathered in the
Contact Group
, pressured the leaders of the three sides to attend settlement negotiations; Dayton, Ohio was eventually chosen as the venue.
Talks began with an outline of key points presented by the US in a team led by National Security Adviser
Anthony Lake
in visits to London, Bonn, Paris and other European stops 10 – 14 August 1995. These included Sochi, to consult Russian Foreign Minister
Andrei Kozyrev
. Lake's team handed off to a separate US inter-agency group led by Assistant Secretary of State
Richard Holbrooke
, who went on to negotiate with Balkan leaders in their capitals.
10
The Holbrooke crew conducted five rounds of intense shuttle diplomacy from August to October,
11
including short conferences in Geneva and New York that resulted in the parties' adoption of principles for a settlement on 8 and 26 September respectively.
12
The Dayton conference took place from 1–21 November 1995. The main participants from the region were the president of the
Republic of Serbia
Slobodan Milošević
(whom the Bosnian Serbs had previously empowered to represent their interests), President of Croatia
Franjo Tuđman
, and President of Bosnia and Herzegovina
Alija Izetbegović
with his Foreign Minister
Muhamed Šaćirbeg
13
The peace conference was led by US secretary of state
Warren Christopher
, and negotiator Richard Holbrooke with two co-chairmen in the form of EU Special Representative
Carl Bildt
and the First Deputy Foreign Minister of Russia
Igor Ivanov
. A key participant in the US delegation was General
Wesley Clark
. The head of the UK's team was
Pauline Neville-Jones
, political director of the
Foreign and Commonwealth Office
. The UK military representative was
Col Arundell David Leakey
Paul Williams
, through the
Public International Law & Policy Group
(PILPG) served as legal counsel to the Bosnian Government delegation during the negotiations.
Holbrooke spoke of the "immense difficulty of engaging the Bosnian government in a serious negotiation".
14
The secure site was chosen in order to remove all the parties from their comfort zone, without which they would have little incentive to negotiate; to reduce their ability to negotiate through the media; and to securely house over 800 staff and attendants. Curbing the participants' ability to negotiate via the media was a particularly important consideration. Holbrooke wanted to prevent posturing through early leaks to the press.
The ceremonial signing of the Agreement in Paris, France.
After having been initialed (signed legally) in Dayton, Ohio, on 21 November 1995,
the agreement was signed ceremonially in Paris on 14 December 1995
15
and witnessed by
President of the European Council
Felipe González
(the
prime minister of Spain
),
French president
Jacques Chirac
US president
Bill Clinton
UK prime minister
John Major
German chancellor
Helmut Kohl
and
Russian prime minister
Viktor Chernomyrdin
Content
edit
The agreement's main purpose is to promote peace and stability in Bosnia and Herzegovina and to endorse regional balance in and around the former
Yugoslavia
(Article V, annex 1-B).
The present
political divisions of Bosnia and Herzegovina
and its
structure of government
were agreed upon (Annex 4). A key component of this was the delineation of the
Inter-Entity Boundary Line
to which many of the tasks listed in the Annexes referred.
16
The State of Bosnia Herzegovina is composed of the
Federation of Bosnia-Herzegovina
and of the
Republika Srpska
. Bosnia and Herzegovina is a complete state, as opposed to a confederation; no entity or entities could ever be separated from Bosnia and Herzegovina unless by due legal process. Although highly decentralised in its entities, it would still retain a central government, with a rotating state presidency, a central bank and a constitutional court.
17
The agreement mandated a wide range of international organizations to monitor, oversee and implement components of the agreement. The NATO-led
IFOR
(Implementation Force) was responsible for implementing military aspects of the agreement and deployed on 20 December 1995, taking over the forces of the
UNPROFOR
. The
Office of the High Representative
was charged with the task of civil implementation. The
Organization for Security and Co-operation in Europe
was charged with organising the
first free elections in 1996
Constitutional Court decision
edit
Politics of Bosnia and Herzegovina
Constitution
Constitutional Court
Dayton Agreement
Peace Implementation Council
High Representative
Christian Schmidt
Presidency
Bosniak member
Denis Bećirović
Chairman
Croat member
Željko Komšić
Serb member
Željka Cvijanović
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Other countries
On 13 October 1997, the Croatian 1861 Law Party and the Bosnia-Herzegovina 1861 Law Party requested the
Constitutional Court of Bosnia and Herzegovina
to annul several decisions and to confirm one decision of the Supreme Court of the Republic of Bosnia and Herzegovina and, more importantly, to review the constitutionality of the General Framework Agreement for Peace in Bosnia and Herzegovina since it was alleged that the agreement violated the
Constitution of Bosnia and Herzegovina
in a way that it undermined the integrity of the state and could cause the dissolution of Bosnia and Herzegovina. The Court reached the conclusion that it is not competent to decide the dispute in regards to the mentioned decisions since the applicants were not subjects that were identified in Article VI.3 (a) of the Constitution on those who can refer disputes to the Court. The Court also rejected the other request:
the Constitutional Court is not competent to evaluate the constitutionality of the General Framework Agreement as the Constitutional Court has in fact been established under the Constitution of Bosnia and Herzegovina in order to uphold this Constitution ... The Constitution of Bosnia and Herzegovina was adopted as Annex IV to the General Framework Agreement for Peace in Bosnia and Herzegovina, and consequently there cannot be a conflict or a possibility for controversy between this Agreement and the Constitution of Bosnia and Herzegovina.
18
It was one of the early cases in which the Court had to deal with the question of the legal nature of the Constitution. By making the remark in the manner of
obiter dictum
concerning the Annex IV (the Constitution) and the rest of the peace agreement, the Court actually "established the ground for
legal unity
19
of the entire peace agreement, which further implied that all of the annexes are in the hierarchical equality. In later decisions the Court confirmed that by using other annexes of the peace agreement as a direct base for the analysis, not only in the context of systematic interpretation of the Annex IV. However, since the Court rejected the presented request of the appellants, it did not go into details concerning the controversial questions of the legality of the process in which the new Constitution (Annex IV) came to power and replaced the former Constitution of the Republic of Bosnia and Herzegovina. The Court used the same reasoning to dismiss the similar claim in a later case.
20
Territorial changes
edit
Bosniak, Croat and Serb militarily-held areas in 1995 before the signing of the Dayton Peace Agreement
Territorial changes.
Political division of Bosnia and Herzegovina after the Dayton Agreement.
Serb families leave their homes due to regulations in the Dayton agreement from 1995.
21
Picture taken near the town of
Modriča
, northeastern Bosnia
Before the agreement,
Bosnian Serbs
controlled about 46% of Bosnia and Herzegovina (23,687 km
),
Bosniaks
28% (14,505 km
) and
Bosnian Croats
25% (12,937 km
).
Bosnian Serbs got large tracts of mountainous territories back (4% from Bosnian Croats and some small amounts from Bosniaks), but they had to surrender
Sarajevo
and some vital Eastern Bosnian/Herzegovian positions. Their percentage grew to 49% (48% by excluding the Brčko District, 24,526 km
).
Bosniaks got most of Sarajevo and some important positions in eastern Bosnia and Herzegovina while they lost only a few locations on Mount
Ozren
and in western Bosnia. Their percentage grew to 30%, and they greatly improved the quality of the land. Large tracts of prewar Bosniak (and Bosnian Croat) inhabited lands remained under Bosnian Serb control.
22
Bosnian Croats gave most (4% of BiH territories) back to the Bosnian Serbs (9% of today's RS) and also retreated from Una-Sana
Donji Vakuf
(in Central Bosnia) afterward. A small enlargement of
Posavina
Odžak
and parts of Domaljevac) did not change the fact that after Dayton Bosnian Croats controlled just 21% of Bosnia and Herzegovina (10,640 km
), compared to more than 25% prior to Dayton. One of the most important Bosnian Croat territories (Posavina with
Bosanski Brod
Bosanski Šamac
Derventa
) was left out of Bosnian Croat control.
Control of Republika Srpska
edit
About 89.5% (22,059 km
) was under control of Bosnian Serbs
About 9% (2,117 km
) of today's territories of Republika Srpska was controlled by Bosnian Croat forces; mainly in municipalities of
Šipovo
Petrovac
Istočni Drvar
Jezero
Kupres (RS)
and part of
Banja Luka
municipality
About 1.5% (350 km
) of today's territories of Republika Srpska was controlled by Bosniak forces, mainly some villages in
Ozren
(Doboj and
Petrovo
), western Bosnia (
Krupa na Uni
and parts of
Novi Grad
and
Oštra Luka
).
Control of Federation of Bosnia and Herzegovina
edit
About 53% (13,955 km
) of the Federation of Bosnia and Herzegovina was under Bosniak control.
About 41% (10,720 km
) of the Federation of Bosnia and Herzegovina was under the control of Bosnian Croats.
About 6% (1,435 km
) was under control of Bosnian Serbs.
Cantons
edit
Main article:
Cantons of the Federation of Bosnia and Herzegovina
Herzeg-Bosnian Canton (Canton 10)
was almost completely under control of Bosnian Croats (4,924 km
Bosniaks controlled some points east of Kupres (10 km
Una-Sana Canton
was almost completely under control of Bosniaks (3,925 km
Bosnian Croats controlled some mountain passes on the southern parts of Bosanski Petrovac and Bihać municipalities (200 km
West Herzegovina Canton
was completely under Bosnian Croat control (1,362 km
Herzegovina-Neretva Canton
was divided, more than half was under Bosnian Croat control (2,525 km
northern and central parts were under Bosniak control (1,666 km
eastern mountains were under Bosnian Serb control (210 km
Central Bosnia Canton
was divided, a bit more than a third was under Bosnian Croat control (1,099 km
rest was under control of Bosniaks (2,090 km
Zenica-Doboj Canton
was largely under Bosniak control (2,843 km
there were some small enclaves like
Žepče
Usora
under Bosnian Croat control (400 km
eastern mountains were under Bosnian Serb control (100 km
Tuzla Canton
was largely under Bosniak control (2,544 km
there were some villages in
Gradačac
municipality under Bosnian Croat control (5 km
and some villages in
Doboj
and
Gračanica
municipalities under Bosnian Serb control (100 km
Posavina Canton
was mostly under Bosnian Croat control (205 km
Bosnian Serbs controlled
Odžak
and parts of
Domaljevac
municipalities (120 km
Bosnian Podrinje Canton
was mostly under Bosniak control (405 km
Bosnian Serbs controlled areas which linked it with Sarajevo (100 km
Sarajevo Canton
was mostly under Bosnian Serbs control (800 km
while Bosniaks controlled some southern suburbs and most of the city itself (477 km
Brčko District
was divided;
Bosniaks controlled most of its southern parts (200 km
23
Bosnian Serbs its northern parts (193 km
23
While Bosnian Croats controlled the rest, part near
Orašje
municipality and two enclaves on southern parts of municipality (100 km
Appraisals
edit
The immediate purpose of the agreement was to freeze the military confrontation and prevent it from resuming. It was therefore defined as a "construction of necessity".
24
The Dayton Agreement was aimed at allowing Bosnia and Herzegovina to move from an early post-conflict phase through reconstruction and consolidation, adopting a
consociational power-sharing
approach.
25
26
Scholars such as Canadian professor Charles-Philippe David calls Dayton "the most impressive example of conflict resolution".
27
28
American scholar Howard M. Hensel states that "Dayton represents an example of a conflict resolution negotiation that was successful.
29
However, Patrice C. McMahon and Jon Western write that "As successful as Dayton was at ending the violence, it also sowed the seeds of instability by creating a decentralized political system that undermined the state's authority".
30
High Representative
Wolfgang Petritsch
argued in 2006 that the Dayton framework has allowed the
international community
to move "from statebuilding via institutions and capacity-building to identity building", putting Bosnia and Herzegovina "on the road to
Brussels
".
31
The Dayton Agreement has been the subject of criticism since its inception, including:
A complicated government system
– As part of the Dayton agreement, Bosnia was divided regionally between two "Entities" within a consociational democracy, which was established to ensure the political representation and power of all sides. This can lead to an unproductive government in that every important issue is deadlocked within the central government as each party is championing opposing priorities that are based on ethnic policies and not shared ideals.
32
Dependency and control of international actors
– Dayton was very much an international vision, led by the United States who supported an end to the war, but that did not allow Bosnian leaders to negotiate an ending to the war, therefore leaving no incentive in the afterward peacebuilding process and no area for leaders to discuss the underlying root causes of the conflict. International actors also played an extensive role in shaping the postwar agenda in Bosnia. The international community invests millions of dollars in BiH yearly through NGOs. However, this stifles the impact of local actors and the development of civil society. Instead, the international community should invest in local actors, youth activists, and democratization projects.
33
The influx of NGOs and international actors to kick start investment in the country post war also failed to kick start the economy, with Bosnia suffering from poor economic growth (2% in 2015). The lack of economic development has been attributed to poor coordination between international actors and lack of consideration for local capacity.
34
Ending the war but not promoting peace
– The primary aim of Dayton was to stop the war, but the agreement was only meant to be a temporary measure while a long-term plan was developed. The Dayton Agreement was the 35th attempt at a ceasefire following 34 other failed attempts. While Dayton has halted the conflict and there has not been a resurgence of violence, the stability in the conflict does not give an accurate assessment of peace. There is negative peace in BiH, meaning there is no open conflict or violence. However, there is no positive peace, as conditions that eliminate the causes of violence have not been reached. There is still currently an international military presence,
EUFOR Althea
, responsible for overseeing compliance with aspects of the Dayton Agreement. The Dayton Agreement provided peace by re-establishing and codifying division. Enforcing such peace can be seen as highlighting the still deep rooted tensions in the country, with Dayton covering the cracks of a fractured society that could be plunged back into conflict as soon as military forces left.
35
Consociational Democracy
– The Dayton Agreement established a consociational democracy in Bosnia and Herzegovina. This means that each group is ensured representation and power. This incentivized the end of the Bosnian War, but first requires collaboration or reconciliation for the government to function. Bosnia and Herzegovina operates with a three-member president role. There is a Croat, Bosniak, and Serb president. Similar quotas and rules apply for the two legislative bodies.
Entrenching territorialized ethnicity
- The Agreement was underpinned by a territorialized definition of ethnicity that divided Bosnia and Herzegovina into three constitutive nations and two distinct entities based on ethno-nationalist identities.
36
According to survey results from a 2020 study, "in each of the three main ethnic groups of Bosnia, more people would have voted for Dayton than against it."
37
Disappearance of the Bosnian copy
edit
On 13 February 2008, the head of the
presidency of Bosnia-Herzegovina
Željko Komšić
said that the 1995 Bosnian copy Dayton Agreement was lost from the presidency's archive. High Representative for Bosnia-Herzegovina
Miroslav Lajčák
said: "I don't know whether the news is sad or funny".
38
On 16 November 2009 the French Foreign Ministry delivered a new certified copy of the Dayton agreement to the French embassy in Sarajevo. The copy was later transferred to the Ministry of Foreign Affairs of Bosnia-Herzegovina.
39
The stolen 1995 copy was found in 2017 in a private residence in
Pale
, resulting in the arrest of the person who was trying to sell it.
40
See also
edit
Washington Agreement
Peace plans offered before and during the Bosnian War
Agreement on Sub-Regional Arms Control
(Dayton Accords)
Proposed secession of Republika Srpska
Constitutional reform in Bosnia and Herzegovina
Erdut Agreement
References
edit
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. NATO. 14 December 2010.
Archived
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. Retrieved
18 July
2015
"Summary of the Dayton Peace Agreement on Bosnia-Herzegovina"
www1.umn.edu
. 30 November 1995
. Retrieved
16 January
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(PDF)
OSCE
, 14 December 1995
, retrieved
23 November
2024
"Dayton Peace Accords on Bosnia"
. US Department of State. 30 March 1996.
Archived
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Cannon, P., The Third Balkan War and Political Disunity: Creating A Cantonal Constitutional System for Bosnia-Herzegovina, Jrnl. Trans. L. & Pol., Vol. 5-2
Levene, Mark (2000). "The Limits of Tolerance: Nation–State Building and What It Means for Minority Groups".
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Consider, instead, one contemporary parallel, Bosnia: the degree to which the international community via the Owen-Vance plan, or even the later Dayton accord, actively promoted or endorsed the destruction of a multi-ethnic society; the degree to which it helped to facilitate the creation of a greater Serbia or an enlarged Croatia; the degree to which it was, at the very least, an
accessory after the fact
to both 'ethnic cleansing' and sub-genocide.
Malik, John (2000). "The Dayton Agreement and Elections in Bosnia: Entrenching Ethnic Cleansing through Democracy".
Stanford Journal of International Law
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Munich All Over Again?
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What was achieved and what to expect?
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Pinfari, Marco (2013).
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. Routledge. p. 124.
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Bosnia's bitter, flawed peace deal, 20 years on
Constitutional Court of Bosnia and Herzegovina, U-7/97, p. 2 and 3,
Sarajevo
, 22 December 1997
Vehabović, Faris (2006). Odnos Ustava Bosne i Hercegovine i Evropske konvencije za zaštitu ljudskih prava i osnovnih sloboda. Sarajevo: ACIPS, 24.
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Constitutional Court of Bosnia and Herzegovina, U-1/03, Sarajevo, 25 July 2003.
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"THE LAW ON THE CONFIRMATION OF THE GENERAL FRAMEWORK AGREEMENT FOR PEACE IN BOSNIA AND HERZEGOVINA"
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Rory Keane,
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Bose, Sumantra (2002).
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Stroschein, Sherrill (2014). "Consociational Settlements and Reconstruction: Bosnia in Comparative Perspective (1995–Present)".
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McMahon, Patrice C.; Western, Jon (2009).
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88
(September/October).
Wolfgang Petritsch
, "My lessons learnt in Bosnia and Herzegovina", Sarajevo, 2006
Yourdin, C (2003). "Society Building in Bosnia: A Critique of Post-Dayton Peacebuilding Efforts'
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Chandler, David (2005). "From Dayton to Europe".
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Kell, Kudlenko, S, A (2015).
"Bosnia and Herzegovina 20 years after Dayton, complexity born of paradoxes"
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{{
cite journal
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link
Berdal, M; Collantes-Celador, G. "Post-War Violence in Bosnia and Herzegovina".
Conflict, Development and Peacebuilding
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94.
Rutar, Sabine (2013). "Nationalism in Southeastern Europe, 1970-2000". In Breuilly, John (ed.).
The Oxford Handbook of the History of Nationalism
. Oxford: Oxford University Press. p. 528.
ISBN
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Morgan-Jones, Edward; Stefanovic, Djordje; Loizides, Neophytos (21 October 2020).
"Citizen endorsement of contested peace settlements: public opinion in post-Dayton Bosnia"
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"Izgubljen original Dejtonskog sporazuma"
Blic
(in Serbian). 13 February 2008
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21 November
2012
"Francuska dostavila BiH kopiju Dejtonskog sporazuma"
Politika
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21 November
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"Man arrested in possession of original Dayton Agreement"
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Further reading
edit
Allcock, John B., Marko Milivojevic, et al.
Conflict in the Former Yugoslavia: An Encyclopedia
(1998)
Belloni, Roberto (2009). "Bosnia: Dayton is dead! long live dayton!".
Nationalism and Ethnic Politics
15
3–
4):
355–
375.
doi
10.1080/13537110903372367
hdl
11572/76874
S2CID
143858915
Bieber, Florian (2001).
"Croat Self-Government in Bosnia: A Challenge for Dayton?"
(PDF)
ECMI Brief
European Centre for Minority Issues
Caplan, R., 2000. "Assessing the Dayton Accord: The structural weaknesses of the general framework agreement for peace in Bosnia and Herzegovina".
Diplomacy and Statecraft
, 11(2), pp. 213–232.
Chandler, David (2000).
Bosnia: Faking Democracy After Dayton
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Chivvis, Christopher S. (2010). "The Dayton Dilemma".
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Chollet, Derek.
The Road to the Dayton Accords
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excerpt
Chollet, Derek H., and Samantha Power.
The unquiet American: Richard Holbrooke in the world
(Public Affairs, 2011).
Curran, Daniel, James K. Sebenius, and Michael Watkins. "Two Paths to Peace: Contrasting George Mitchell in Northern Ireland with Richard Holbrooke in Bosnia–Herzegovina".
Negotiation Journal
20.4 (2004): 513–537.
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Daalder, I.H., 2014.
Getting to Dayton: the making of America's Bosnia policy
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Donais, Timothy (2002). "The politics of privatization in post-Dayton Bosnia".
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Goodby, J.E., 1996. "When war won out: Bosnian peace plans before Dayton".
International Negotiation
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Parish, M., 2007. "The Demise of the Dayton protectorate. Inside the Bosnian Crisis: Documents and Analysis".
Journal of Intervention and Statebuilding
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Tuathail, Gearóid Ó.; O'Loughlin, John; Djipa, Dino (2006). "Bosnia-Herzegovina ten years after Dayton: Constitutional change and public opinion".
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Adriana Camisar, Boris Diechtiareff, Bartol Letica, Christine Switzer (2005).
"An Analysis of the Dayton Negotiations and Peace Accords"
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