Arbitration Commission of the Peace Conference on Yugoslavia

On 20 November 1991 Lord Carrington asked whether the secession of some republics from SFRY preserved its existence, as Serbia and Montenegro claimed, or caused its dissolution with all the republics being equal successors to the SFRY. The commission replied on 29 November 1991, "the Socialist Federative Republic of Yugoslavia is in the process of dissolution".[1]

On 20 November 1991 Lord Carrington asked: "Does the Serbian population in Croatia and Bosnia and Herzegovina, as one of the constituent peoples of Yugoslavia, have the right to self-determination?" The commission concluded on 11 January 1992 "that the Serbian population in Bosnia and Herzegovina and Croatia is entitled to all the rights concerned to minorities and ethnic groups.... Republics must afford the members of those minorities and ethnic groups all the human rights and fundamental freedoms recognized in international law, including, where appropriate, the right to choose their nationality".[1] The opinion also extended the principle of uti possidetis to the former Yugoslavia for the first time.[3]

On 20 November 1991 Lord Carrington asked: "Can the internal boundaries between Croatia and Serbia and between Bosnia and Herzegovina and Serbia be regarded as frontiers in terms of public international law?" Applying the principle of uti possidetis juris, the commission concluded on 11 January 1992, "The boundaries between Croatia and Serbia, between Bosnia and Herzegovina and Serbia, and possibly other adjacent independent states may not be altered except by agreement freely arrived at.... Except where otherwise agreed, the former boundaries become frontiers protected by international law".[2]

The Commission was asked whether the independence of Bosnia and Herzegovina should be recognised. The Commission decided against recognition because, unlike the other republics seeking independence, Bosnia and Herzegovina had not yet held a referendum on independence.[4]

The Commission considered the application of Croatia for the recognition of its independence. The Commission ruled that Croatia's independence should not yet be recognized because the new Croatian Constitution did not incorporate the protections for minorities required by European Community. In response, to this decision, the President of Croatia wrote to Badinter to give assurances that the deficit would be remedied, and the European Community then recognized Croatia.[4]

The Commission recommended for the European Community to accept the request of the Republic of Macedonia for recognition, as the Republic had given the necessary guarantees to respect human rights and international peace and security. However, the European Community was initially reluctant to accept the recommendations because of Greek opposition.[5]

The Commission recommended for the European Community to recognise Slovenia.

The Commission rejected Serbian and Montenegrin objections to its competence to respond to three references that it had received from Lord Carrington, which resulted in Opinions 8, 9 and 10.

The Commission decided that the legal process of the dissolution of the SFRY had completed and so the SFRY no longer existed.

The Commission considered state succession, resulting from the cessation of the SFRY, should be resolved. It ruled that it should be resolved by mutual agreement between the several successor states, with an equitable division of the international assets and obligations of the former SFRY. It also decided that the membership of the SFRY in international organizations could not be continued by any successor state, but each state would have to apply for membership anew.

In this decision, the Commission ruled that the FRY (Serbia and Montenegro) could not legally be considered a continuation of the former SFRY, but it was a new state. Thus, the European Community should not automatically recognize the FRY but apply the same criteria as for the recognition of the other post-SFRY states.