Annex #1 to the JCC Decree of 6-12-1994
REGULATION Concerning the Basic
principles of Operation of the Military Contingents and of the Groups of
Military Observers Designated for the Normalization of the Situation In the
Zone of the Georgian-Ossetian Conflict
Article 1. Military contingents
and groups of military observers of the parties taking part in the settlement
of the conflict were created in accordance with the Agreement on the Principles
for the Settlement of the Georgian-Ossetian conflict,
signed in Sochi on 24 July 1992 by the President of
the Russian Federation, B. N. Yeltsin, and the Chairman of the Parliament and
Head of State of the Republic of Georgia, E. Shevardnadze.
They
have been earmarked for the support of peace in the zone of conflict, and for
its resolution by peaceful, political means.
They
have the responsibility of assuring control of the situation in the zone of
conflict and in the localities adjacent to it, which have been determined by
agreement of the sides.
Article 2. The military
contingents and the military observers are subordinate to the united military
command which consists of the representatives of the Russian, Georgian, and Ossetian sides. The united military command is headed by a
commander from the Russian side.
A
decision on the use of the military contingents and military observers in case
the conditions of the ceasefire are violated by one of the sides will be taken
by the commander of the JPFK with the aim of restoring peace; and the JCC will
be notified.
The
groups of military observers created by agreement of the sides, and guided by
the common status adopted for them, are subordinated to the united military
command.
Article 3. The military
contingents and the military observers resolve the following tasks:
-
they decisively block the activity and disband any military formations not
controlled by the sides, and rapidly settle all types of conflicts among
groups, including armed groups;
- they carry out
measures for introducing and supporting a heightened regime of security in the
zone of conflict, and, if necessary, also in the localities adjacent to it;
-
they maintain control over the fulfillment of the
agreement
On
the removal of heavy technology and weapons from the zone of conflict;
-
They bar entry into the zone of conflict of armed groups and other uncontrolled formations
capable of destabilizing
the situation by their actions;
- they do not permit, without appropriate
permission, the transit in the zone of conflict and the removal through it
(from it) of weapons, armaments, military technology, other military property,
as well as explosive and poisonous substances and of other materials which
could be used for terrorist and diversionary purposes and also for conducting
military activities;
-
They carry out the passage of persons, transport, and cargo into the zone of
conflict and out of it through established points, and, if needed, the limit
the movement of means of transport in the zone and carry out its inspection;
and
-
They assist law enforcement organs in the establishment of law and order and in
the battle with crime in the zone of conflict and in localities adjacent to it.
Article 4. Military contingents
and military observers in the zone of conflict have the right
- to make use of military details (patrols,
inspectors, observation posts, control posts, etc.), to stop movement on roads
(to set up barriers), and, by decision of the united military command, to move
about any sectors of the locality, without causing damage to dwellings,
buildings, gardens, crops, roads, and other installations;
-
to pursue, detain, and, in case of armed opposition, destroy armed band
formations, groups, and persons, who do not carry out and do not submit
themselves to the requirements of the regime of the state of emergency in the
zone. The pursuit and conduct of combat
operations with criminal elements beyond the borders of the zone of conflict
will be carried out with obligatory notification of the local and law
enforcement organs.
-
To carry out military operations with the means available to motorized firing
units in accordance with the orders of the united military command;
- to
check citizens' documents,
certifying identity, concerning
the right of entry, exit, and movement, as well as to carry out the inspection of persons, cargos,
and means of transport;
- to hold citizens violating the established
rules of the regime of the state of emergency with their subsequent transfer to
law enforcement organs on the basis of the legislation in effect.
Article 5. The
organizational-personnel structure of the military contingents and military
observers has been confirmed by the JCC.
Changes in it are permitted only with JCC permission.
The
places of deployment of the military contingents and of the groups of military
observers will be determined by the JCC, which will proceed from the necessity
of assuring the ceasefire regime in the zone of conflict.
Article 6. In their daily
activity, the military contingents and the military observers will be guided by
the requirements of the present Decision, by the decisions of the JCC, and by
the orders and directives of the united military command.
Article 7. In their daily
activity, the members of the military contingents and of the military observers
are obliged to show maximum attentiveness and correctness in relation to the
local population, and to refrain from any actions and statements contradicting
their status and mission. They fall under the exclusive jurisdiction of their
sides in regard to any violation of law, which might have been committed by
them.
Article 8. The military observers will
have uniform insignia, and the military contingents will also have their
uniform flag and symbols, which will be confirmed by the JCC and remain valid
for the whole period in which they carry out the functions envisaged in the
present Decision.
The
established insignia showing affiliation with the military contingent and with
the observers will be drawn on the means of transport, cm control posts, and on
other technical items and equipment relating to the given contingents.
Article 9. The Joint Control
Commission will assure the manufacture and issuance to every member of the
military contingents and military observers of a badge of uniform model with
photograph, sequential number, military title, family name, given name, middle
name, and the number of the assigned weapon.
Article 10. The JCC working groups,
military contingents, and military observers have the right in their discretion
to use stationary and mobile radio stations with the aim of assuring effective
and reliable communications.
Besides
radio communications, they will possess as a priority right the use of
telephone, telegraph, radio relay, and other communications to carry out their
direct obligations.
Article 11. Billeting for the
military contingents and military observers, as well as for JCC working groups
who arrive, and arranging for their daily living conditions during their stay
and activity will be assured by organs of the local authorities.
Article 12. The JCC and the united military command will
take
All necessary measures to assure order and discipline among the
personnel of the military contingents and military observers.
By
agreement of the sides participating in the work of the JCC, a joint (united)
military procuracy will be created with 2 persons
from each side.
Article 13. The military
contingents and the groups of military observers are staffed by the sides on a
volunteer basis by contract from among persons subject to the draft who have
gone through military service and from among those presently serving, who have
not been convicted of a crime, who are between 18 and 50 years old, who have
done military service, whose health condition is good, and who (if possible)
did not take part in armed clashes during the period of the conflict.
Persons
expressing a desire to join military contingents will present to a selection
commission of their own side the following documents: declaration, passport,
military card or identification paper as a serviceman, character recommendation
from the place of service, of work, or of the organ of local administration,
and the conclusion of a medical commission in the established form.
Military
observers will be selected exclusively from among the officers and warrant
officers of active and reserve ranks of the sides.
Article 14. The senior military
chiefs from each side will be appointed by the appropriate organs for a term of
not less than 6 months.
The
commander of the joint forces for maintaining peace will be appointed by the
JCC on the recommendation of the Ministry of Defense of the
Article 15. Persons recognized as
fit for service in the military contingents and as military observers will
conclude a contract with the commander of their side for a term of six months
with the right of its subsequent extension on the basis of need. The term of
service is counted from the day of enrollment of the serviceman by order of the
military unit.
All
privileges envisaged by decisions of the corresponding organs of the executive
authority of the sides will be preserved for him (put at his disposal).
Article 16. The validity of the contract will cease
-
at the expiration of the contract's term;
- in connection with a
violation of the conditions of the contract;
- for health reasons;
-
for family obligations;
- for
incompatibilities of service;
- in case of a
reduction of personnel; or
- in connection with
conviction for committing a crime.
In
case of an early abrogation of the contract at the initiative of the command
without a legitimate reason, and also in case of a reduction of personnel or
for health reasons, the serviceman will be paid severance pay in the amount
determined by legislation (rules of the Ministry of Defense) of the sides. If
the contract is annulled ahead of time by the fault of the serviceman without a
legitimate reason, then he will be deprived of the severance pay.
Service
in the military contingents and groups of military observers will be counted as
an uninterrupted period of working service in the ratio of 1 to 3.
Article 17. The personnel of the
military contingents and military observers are obliged
-
To comply with the requirements of the present Decision and the established
procedures in the zone of conflict;
-
To uphold peace bravely and skillfully in the zone of conflict; and
-
To carry out all commands and orders of the united military command, as well as
of immediate commanders and superiors.
Article 19. Oversight of the
legality of the activity of the military contingents and military observers
will be carried out by organs of the Procuracy of
each of the sides.
(NOTE:
One article of the draft of this Decision was combined with another in the
final document; Article 19 should thus really be numbered "18".)
Annex
No. 1
to the Decision Concerning the Basic
Principles of Operation of the Military Contingents and of the Military
Observers Designated for the Normalization of the Situation in the Zone of the
Georgian-Ossetian Conflict
Rights and Obligations
of the Commander of the Joint Forces
for the Maintenance of Peace in the Zone of the Georgian-Ossetian
Conflict
1. Coordination of the operations of the Joint
Forces with the leadership of the sides, and organization of cooperation with
local law enforcement organs.
2. The organization, through the senior
military chiefs of the sides, of mutually agreed operations to carry out the
tasks placed upon the Joint Forces.
3. Verification of the execution of the
"Decision" by the service personnel of the peacekeeping forces of the
sides.
4. Organization of methodical work with the
command staff of the Joint Forces regarding the practical implementation of
their functional obligations.
5. through the senior military chiefs of the
sides, the adoption of disciplinary measures to influence the servicemen of the
Joint Forces in accordance with the "Decision".
6. The adoption of decisive measures against the
inadmissible taking of hostages by any one of the sides in conflict.
7. The combined use of the units of the Joint
Forces in case of the threat of the outbreak of armed conflict in the zone of
responsibility.
8. Systematic reporting to the JCC about the
situation of affairs in the zone of the Georgian-Ossetian
conflict, and preparation, together with
the senior military chiefs of the aides, of proposals for improving the
activity of the Joint Forces.
(Archive of the OSCE