232
i n t e r nat i o na l l aw
with fifty-five members established to review progress regarding the peace
settlement, in the decisions it took at the Bonn Summit of December 1997
(the Bonn Conclusions).
180
These provided, for example, for measures to
be taken against persons found by the High Representative to be in vio-
lation of legal commitments made under the Peace Agreement. This has
included removal from public office, the competence to impose interim
legislation where Bosnia’s institutions had failed to do so
181
and ‘other
measures to ensure implementation of the Peace Agreement throughout
Bosnia and Herzegovina and its Entities, as well as the smooth running of
the common institutions’.
182
The High Representative has taken a wide-
ranging number of decisions, from imposing the Law on Citizenship of
Bosnia and Herzegovina in December 1997
183
and imposing the Law on
the Flag of Bosnia and Herzegovina in February 1998
184
to enacting the
Law on Changes and Amendments to the Election Law in January 2006
to mark the ongoing process of transferring High Representative powers
to the domestic authorities in the light of the improving situation.
185
This
unusual structure with regard to an independent state arises, therefore,
from a mix of the consent of the parties and binding Chapter VII activity
by the Security Council.
In resolution 1244 (1999), the Security Council authorised the
Secretary-General to establish an interim international civil presence in
Kosovo (UNMIK),
186
following the withdrawal of Yugoslav forces from
180
See e.g. the documentation available at www.ohr.int/pic/archive.asp?so=d&sa=on. See
also Security Council resolutions 1144 (1997), 1256 (1999) and 1423 (2002).
181
www.ohr.int/pic/default.asp?content id=5182. The competence of the High Representa-
tive to adopt binding decisions with regard to interim measures when the parties are
unable to reach agreement remains in force until the Presidency or Council of Ministers
has adopted a decision consistent with the Peace Agreement on the issue concerned.
182
Paragraph XI of the Bonn Conclusions. See also Security Council resolutions 1247 (1999),
1395 (2000), 1357 (2001), 1396 (2002) and 1491 (2003).
183
www.ohr.int/statemattersdec/default.asp?content id=343.
184
www.ohr.int/statemattersdec/default.asp?content id=344.
185
www.ohr.int/statemattersdec/default.asp?content id=36465.
186
See Stahn, ‘International Territorial Administration’, p. 111; T. Garcia, ‘La Mission
d’Administration Int´erimaire des Nations Unies au Kosovo’, RGDIP, 2000, p. 61, and
M. Ruffert, ‘The Administration of Kosovo and East Timor by the International Com-
munity’, 50 ICLQ, 2001, p. 613. See also
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