Footnotes

1. Nacionalni sastav stanovnistva (national population composition), Bosnia and Herzegovina Statistical Bureau, Sarajevo, December 1993.

2. Suad Arnautovic, Izbori u Bosni i Hercegovina '90, Sarajevo, Promocult, 1996, p 108.

3. Elections B&H; '96 Guide, Sarajevo, Media Plan, 1996.

4. UNHCR Information Notes, No. 6-7/96, June/July 1996.

5. Framework Agreement for Peace in Bosnia and Herzegovina, signed in Paris on 14 December 1995, Annex 3, Articles I and II.

6. DPA, Annex 3, Article I(1).

7. Certification of the Elections in Bosnia and Herzegovina, Declaration of the Chairman-in-Office, Federal Councillor Flavio Cotti, at the Permanent Council of the OSCE, 25 June 1996, Ref. CIO/35/96. The second requirement identified by Cotti was also included in DPA, Annex 3, article IV(1).

8. Document of the Second Meeting of the Conference on the Human Dimension of the Conference on security and Co-operation in Europe, Copenhagen, 1990.

9. DPA, Annex 3, Article III.

10. PEC Rules and Regulations, Articles 137-144.

11. PEC Rules and Regulations, Articles 145-150.

12. Conclusions, International Expert Meeting on Elections in Bosnia and Herzegovina, Stockholm, 15-16 January 1996, p 16.

13. OSCE, Office of the CIM for the Elections in Bosnia and Herzegovina, Information sheet, 19 June 1996.

14. DPA, Annex 3, Article I(2).

15. DPA, Annex 3, Article III(1).

16. PEC, Rules and Regulations, Supplement No. 1, Article 221.

17. OSCE Secretariat, Department for the Chairman-in-Office, Press Release No. 53/96, 9 September 1996; Memo dated 19 August 1996 from Ed van Thijn to the OSCE Chairman-in-Office; OSCE CIM, Press Release, 9 September 1996.

18. UN Security Council Resolution 1022 (1995), 22 November 1995, par. 4 states: "The Security Council ... decides that it will terminate the ... [sanctions] on the tenth day following the occurrence of the first free and fair elections provided for in annex 3 of the Peace Agreement..."

19. DPA, Annex 3, Article I(2).

20. DPA, Annex 3, Article I(1).

21. Certification of the Elections in Bosnia and Herzegovina, Declaration of the Chairman-in-Office, Federal Councillor Flavio Cotti, at the Permanent Council of the OSCE, 25 June 1996, p 4, emphasis added; hereinafter referred to as the Cotti Statement.

22. Cotti Statement, p 6.

23. Reuter, 22 May.

24. Reuter, 4 June.

25. Reuter, 7 June.

26. Statement of the OSCE Head of Mission, Ambassador Robert H. Frowick, 19 August 1996.

27. DPA, Annex 4, Constitution of Bosnia and Herzegovina, Article II(5).

28. DPA, Annex 7, Article I(1).

29. DPA, Annex 7, Article I.

30. DPA, Annex 7, Article II(1).

31. DPA, Annex 3, Article IV(1), 5th sentence.

32. International Herald Tribune, 12 September 1996.

33. OSCE Democratisation and Human Rights Periodic Report: 27 August - 3 September 1996.

34. Cotti Statement, p 6. "Co-operation," as defined in the Statute of the International Tribunal adopted 25 May 1993, Article 29, includes the arrest and transfer to The Hague of those indicted by the Tribunal.

35. DPA, Annex 3, Article I(1).

36. Reuter, 16 June 1996.

37. OSCE Democratisation and Human Rights Periodic Report: 30 July - 12 August 1996.

38. DPA, Annex 3, Article I(1).

39. Agreed Statement, Geneva, 2 June 1996, par. 10.

40. Annex to Agreed Statement, Geneva, 2 June 1996, Administrative and Confidence-Building Measures, Par. 1.

41. Reuter, 10 August 1996.

42. Conditions for Free and Fair Political Campaigning are Still Lacking in Bosnia and Herzegovina, International Helsinki Federation for Human Rights, 29 August 1996, p 1; hereinafter referred to as Helsinki Federation Report.

43. IPTF Election-Related Human Rights Tracking, 28 August 1996, p 13.

44. ICG Report, The Mostar Election Political Analysis, 12 July 1996, p 4.

45. OSCE Democratisation and Human Rights Periodic Report: 16 July - 29 July 1996.

46. IWPR Monitoring Report, 19 June 1996, p 2.

47. Helsinki Federation Report, p 2.

48. IPTF Elections-Related Human Rights Incident Tracking, 28 August 1996.

49. Dani, September 1996, number 47, p 25.

50. IWPR Monitoring Report, 10 July 1996, p 6.

51. Reuter, 12 July 1996.

52. Editorial Board statement, 31 July 1996.

53. IWPR Monitoring Report, 31 July 1996, p 4.

54. IWPR Monitoring Report, 10 July 1996, p 5.

55. IWPR Monitoring Report, 24 July 1996, p 2.

56. IWPR Monitoring Report, 26 June 1996, p 5.

57. IWPR Monitoring Report, 24 July 1996, p 4.

58. IWPR Monitoring Report, 8 August 1996, p 4.

59. IWPR Monitoring Report, 4 September 1996, p 1.

60. IWPR Monitoring Report, 19 June 1996, p 2.

61. IPTF Elections-Related Human Rights Incident Tracking, 28 August 1996, p 11.

62. The DPA states: "The Parties request the OSCE to supervise ... the preparation and conduct of elections for the House of Representatives of Bosnia and Herzegovina; for the Presidency of Bosnia and Herzegovina; for the House of Representatives of the Federation of Bosnia and Herzegovina; for the National Assembly of the Republika Srpska; for the Presidency of the Republika Srpska; and, if feasible, for cantonal legislatures and municipal governing authorities." DPA, Annex 3, Article II(2), emphasis added.

63. UN Mission in Bosnia and Herzegovina, Estimated Structure of the Electorate in Bosnia and Herzegovina.

64. OSCE Mission in Bosnia and Herzegovina, announcement of August 24.

65. DPA, Annex 3, Article IV, emphasis added.

66. OSCE information sheet, 21 September 1996 17.52.

67. OSCE Human Rights Periodic Report, 18 July 1996, par. 14.

68. OSCE Human Rights Periodic Report, 5 August, 1996, par. 14, 15.

69. Reuter, 9 August 1996.

70. UNHCR statement, 26 August 1996.

71. Reuter, 27 August 1996.

72. OSCE Report on Refugee Voter Registration, Annex B4, 23 August 1996.

73. Registration of Bosnian Refugees for the September Elections, Helsinki Committee for Human Rights in Serbia, 31 July 1996, p 1; hereinafter referred to as Helsinki Committee Report

74. Helsinki Committee Report.

75. OSCE Mission to Bosnia and Herzegovina, Press Statement, 8 August 1996.

76. EASC, Advisory Opinion # 5, Statements that Advocate Sovereignty for a Part of the Country or that Otherwise Threaten its Territorial Integrity, 6 September 1996.

77. EASC, Case Number 96-24B (Consolidated Appeal), Judgement, 10 September 1996.

78. Associated Press, 11 September 1996.

79. EASC, Case Number 96-34B, Judgement, 13 September 1996.

80. International Herald Tribune, 12 September 1996, page 7, "Cleaning up on ethnic cleansing."

81. EASC, Case Number 96-29B, Abbreviated Judgement, 10 September 1996.

82. Mirza Hajric, resignation letter to Robert Frowick, 8 September 1996.

83. Decisions, MEC Official Records, 10th Meeting, 4 July 1996.

84. Decisions, MEC Official Records, 11th Meeting, 11 July 1996.

85. Decisions, MEC Official Records, 13th Meeting, 25 July 1996.

86. Decisions, MEC Official Records, 7th Meeting, 13 June 1996.

87. Decisions, MEC Official Records, 17th Meeting, 22 August 1996.

88. Decisions, MEC Official Records, 14th Meeting, 1 August 1996.

89. Decisions, MEC Official Records, 16th Meeting, 15 August 1996.

90. Decisions, MEC Official Records, 19th Meeting, 5 September 1996.

91. The Elections in Bosnia and Herzegovina, 14 September 1996, Preliminary Statement of the Coordinator for International Monitoring (CIM), 16 September 1996, page 2; hereinafter referred to as CIM Preliminary Report.

92. CIM Preliminary Statistics, pages 4-5.

93. Mostar Elections Day, a Technical and Legal analysis, ICG report, 8 July 1996.

94. Mostar press conference, 16 September 1996.

95. Press conference of Elections Director General, Jeff Fischer, 16 September 1996.

96. EASC, Case No. 96-123 (Consolidated Cases), Judgement, 18 September 1996.

97. EASC, Case No. 96-140, Judgement, 18 September 1996.

98. EASC, Case No. 96-122, Judgement, 18 September 1996.

99. EASC, Case No. 96-90, 94, 99, 132, Judgement, 18 September 1996.

100. Transition bi-weekly, September 1996 (in print).

101. CIM Preliminary Report, Annex 1, Preliminary Results, Report of CIM Statistical Unit, 16 September 1996; hereinafter referred to as CIM Preliminary Statistics.

102. CIM Preliminary Report, page 3.

103. UN estimates based on analysis of in-country registration figures, Voter Analysis on Election Day: Detailed Estimates, 9 September 1996.

104. Reuter, 16 September 1996.

105. Press Conference of Ed van Thijn, Head of CIM, 16 September 1996.

106. Agreed Statement by Ministers for Internal Affairs on Election security, 13 September 1996, emphasis added.

107. Oslobodjenje, 6 September 1996.

108. SDA press conference, 26 August 1996.

109. Oslobodjenje, 4 September 1996.

110. Oslobodjenje, 6 September 1996.

111. Reuter, 9 September 1996.

112. UPI, 2 September 1996.

113. This number was reported by the Interior Ministry of the Republika Srpska.

114. Members of the CIM observer team, ICG political analysts, spoke with refugees who arrived to vote in Drventa from Kikinda and with their "excursion guide" Mirko Knezevic.

115. OSCE preliminary results as of 14:30 21 September 1996.

116. The cited results do not include the absentee ballots cast by displaced persons from Republika Srpska in the Federation (about 90,000).

117. The cited results do not include the absentee ballots cast by displaced persons from Republika Srpska in the Federation (about 90,000).

118. OSCE Preliminary Results, 20 September 1996, 12:00.

119. Internal memorandum - Electorate Estimates - signed on 16 September 1996 by official experts from UNMIBH, OSCE, IFOR, and OHR; Also, UNMIBH Estimated Structure of the Electorate in Bosnia and Herzegovina, OSCE Elections in Bosnia and Herzegovina Facts and Figures (information sheet); and OSCE Director-General Elections, Jeff Fischer, press conference 16 September 1996.

120. Suad Arnautovic, Izbori u Bosni i Hercegovini '90, Promocult, Sarajevo, 1996, p104.

121. Alex Ivanko, IPTF, press conference, 15 September.

122. UN estimate based on analysis of in-country voter registration figures, Voter Movement on Election Day: Detailed Estimate, 9 September 1996.

123. The figure of 98,400 was the OSCE's highest estimate in advance of the poll. It comes from a letter from Ambassador Robert Frowick to Mirza Hajric, adviser to Alija Izetbegovic, of 13 September. The Republika Srpska interior ministry calculated that only 37,000 actually crossed on the day.

124. ICG Analysis of OSCE Report on Refugee Voter Registration, 23 August 1996. Figure arrived at by examination of annex B2 which breaks down refugee form 1s (absentee ballots) by municipality and entity. The figure is an approximation of the Republika Srpska total excluding those from the Federal Republic of Yugoslavia.

125. Figure based on ICG analysis of preliminary results of presidential ballot as well as that of the joint House of Representatives of Bosnia and Herzegovina. It errs massively on the side of caution and was arrived at by comparing the absentee ballot of Bosniac and Croat IDPs (warehouse seats) with the combined turn-out of the obvious Federation parties in the ballot within Republika Srpska for the House of Representatives of Bosnia and Herzegovina. Since about 89,000 Bosniac and Croat IDPs voted for Ivanic in the presidential election, these same voters are likely to have opted for the SDA, Zdruzena Lista and Gradanska demokratska stranka in the ballot for the House of Representatives of Bosnia and Herzegovina. Since a total of 185,059 cast ballots for those parties before the full ballot had been counted, close to 100,000 votes are likely to have come from refugees.

126. The cited figures do not take into consideration the many voters who attempted to vote but could not find their names on the voters' register. This is estimated by ICG to be about 5 per cent of the electorate.

127. This figure is arrived at by subtracting the UN's estimate for refugees from the number of refugees (UNMIBH Estimated Structure of the Electorate in Bosnia and Herzegovina) who registered to vote according to the OSCE (Report on Refugee Voter Registration).

128. This figure is arrived at by subtracting the 14,700 voters who, according to IPTF, crossed the IEBL on polling day from the UN-estimated 150,000 who needed to cross from the Federation into Republika Srpska to cast their vote on the day. Again it is a conservative figure because the IPTF figure included all crossings, i.e. those from Republika Srpska into the Federation as well.

129. This figure is arrived at by subtracting the 98,400 OSCE maximum turn-out estimate for Serb refugees in FRY (letter from Ambassador Frowick to Mirza Hajric) from the 123,000 who had registered to vote in person on the day (OSCE Report on Refugee Voter Registration). Again it is extremely conservative since the Republika Srpska interior ministry calculated that only 37,000 actually crossed on the day.

130. This figure is arrived at by subtracting the number of Bosniac and Croat refugees who registered to vote in Republika Srpska from the number who actually voted.

131. See Criteria for Free and Fair Elections, section II(B)(2) above.

132. CIM Preliminary Report, page 2.

133. CIM Preliminary Report, page 5.

134. OSCE Department for Chairman-in-Office, Press Release, OSCE Troika Ministers Issue Statement on the Elections in Bosnia, 19 September 1996.

135. Idem.

136. International Herald Tribune, 19 September 1996.