Page:United States Statutes at Large Volume 108 Part 1.djvu/497

 PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 471 (9) Subsequent to the adoption of Resolution 727 and Bosnia and Herzegovina's independence referendum, the siege of Sareyevo began and fighting spread to other areas of Bosnia and Herzegovina. (10) I^e Government of Serbia intervened directly in the fighting by providing significant military, financial, and political support and direction to Serbian-allied irregular forces in Bosnia and Herzegovina. (11) In statements dated May 1 and May 12, 1992, the Conference on Security and Cooperation in Europe declared that the Government of Serbia and the Serbian-controlled Yugoslav National Army were committing aggression against uie (jrovernment of Bosnia and Herzegovina and assigned to them prime responsibility for the escalation of bloodshedand destruction. (12) On May 30, 1992, the United Nations Security Council adopted Resolution 757, which condemned the (jrovernment of Serbia for its continued failure to respect the territorial integrity of Bosnia and Herzegovina. (13) Serbian-allied irregular forces have occupied approximately 70 percent of the territory of Bosnia and Herzegovina, committed gross violations of human rights in the areas they have occupied, and established a secessionist government committed to eventual unification with Serbia. (14) The military and other support and direction provided to Serbian-allied irregular forces m Bosnia and Herzegovina constitutes an armed attack on the Government of Bosnia and Herzegovina by the (government of Serbia within the meaning of Article 51 of the United Nations Charter. (15) Under Article 51, the (jovernment of Bosnia and Herzegovina, as a member of the United Nations, has an inherent right of individual or collective self-defense against the armed attack from the Government of Serbia until the United Nations Seoirity Council has taken measiu-es necessary to maintain international peace and security. (16) The measures taken by the United Nations Security Council in response to the armed attack on Bosnia and Herzegovina have not been adequate to maintain international peace and security. (17) Bosnia and Herzegovina have been unable successfiiliy to resist the armed attack from Serbia because it lacks the means to counter heavy weaponry that Serbia obtained fi:t)m the Yugoslav National Army upon the dissolution of Yugoslavia, and b^ause the mandatory mtemational arms embargo has prevented Bosnia and Herzegovina from obtaining from other countries the means to counter such heavy weaponry. (18) On December 18, 1992, with the afiirmative vote of the United States, the United Nations General Assembly adopted Resolution 47/121, which urged the United Nations Security Council to exempt Bosnia and Herzegovina from the mandatory arms embargo imposed by Resolution 713. (19) In the absence of adequate measures to maintain international peace and security, continued application to the (3overnment of Bosnia and Herzegovina of the mandatory international arms embargo imposed by the United Nations Security Council prior to the armed attack on Bosnia and Herzegovina undermines that government's right of individual or collective

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