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This memorandum is part of a continuing series of reports prepared by the staff of the Helsinki Commission on the conflict in the former Yugoslavia. In the summer of 1991, Members of Congress and representatives of non-governmental organizations began to call for the establishment of a war crimes tribunal that would hold those responsible for war crimes in the former Yugoslavia personally and individually accountable for their actions. As atrocities mounted over that summer and information about concentration camps became public, these calls began to reverberate at on-going meetings of the Conference on Security and Cooperation in Europe (CSCE) then being held in Prague, Vienna and Helsinki.

The CSCE created the post of High Commissioner on National Minorities at its July 1992 summit meeting in Helsinki, in response to the emergence of minority-related unrest as one of the main sources of conflict in Europe. Originally proposed by the Netherlands, the proposal received wide support as an innovative approach to national minority problems unleashed by the disappearance of superpower confrontation in Europe. Some of the most innovative aspects of the original proposal for a High Commissioner were substantially watered down in response to individual state's concerns. The High Commissioner may not become involved where armed conflict has already broken out or in areas already under consideration by the CSO, unless the permission of the CSO is given. Communication with or response to communications from organizations or individuals who practice or publicly condone terrorism is prohibited, as is involvement in situations "involving organized acts of terrorism." Former Dutch Foreign Minister Max van der Stoel was appointed the first High Commissioner in December 1992; his office began to function in January 1993, with premises donated by the Dutch government and a staff of three diplomats seconded from the Dutch, Polish and Swedish foreign ministries.

Although some early proposals conceived of the Conference on Security and Cooperation in Europe as an international institution with headquarters, secretariat, and treaty, the CSCE emerged from Helsinki in 1975 as an, amorphous process, moving from conference to conference with no fixed address or schedule. For fifteen years, its reView conferences and experts meetings succeeded in focusing, attention on a range of inter-related problems ftom human rights to the environment to threatening military maneuvers, operating, oa the principle that these and other elements, of security could not, be treated separately. However, the end of the bipolar security "system'' that had characterized the Europe in which CSCE was created led many of its participants to look to the CSCE as a , new over-arching "system" within which its members could improve both their security and cooperation. As such, they pleaded for more structure and permanence for its activities, as well as a larger role for it in addressing the challenges of the time. The Paris Summit of November 1990 endowed the CSCE with its first permanent institutions:, the CSCE Secretariat, Conflict Prevention Center, and Office of Free Elections, later expanded to the Office for Democratic Institutions and Human Rights. These three institutions, minimally funded and staffed, were created to give the CSCE process some visible permanence and to assist the regular political consultations set up at the same time. The consultations process envisioned meetings of CSCE heads of state or government every two years; foreign minsters annually, plus possible meetings of other ministers; and senior officials three to four times per year. The CSCE Secretariat was set up in Prague to organize these meetings; the Conflict Prevention Center in Vienna to give institutional support to risk reduction efforts; and the Office of Free Elections in Warsaw to assist the transition to democracy across the continent. In April 1991, parliamentarians from the participating States took up proposals from the summit and formed a CSCE Parliamentary Assembly, to meet once a year to further security and cooperation in Europe, reviewing CSCE implementation and activities.

The end of the Cold War posed new challenges to the CSCE, with increasing intensities of ethnic conflict raging around the Yugoslav region. The European Community was struggling with uncertainty under a less-than-effective presidency, and a questionable state of unity following the Danish rejection of the Maastricht Treaty; thus, a need was felt for a US presence in Europe. This record of the Helsinki Follow-Up meeting in 1992 shows that the even reaffirmed, but did not complete, the CSCE's transition from process to structure. The network of CSCE bodies and work methods described in the beginning sections of the Helsinki Decisions was greatly developed and clarified from its Paris genesis. Some effort was also made to integrate existing structures and past practices. Notably, the CSCE took as its central concept for the future the US-proposed theme "managing change." While the United States put this forward as a response to percieved European negativism and tendancy to paint the future in apocalyptic colors, requiring only conflict-orientated responses, it was also telling that the United States and others were ready to see the CSCE as a key instrument for the management of inevitable change, rather than looking past the CSCE in efforts to maintain the status quo.

In accordance with the mandate of the Vienna Concluding Document, the 38 states participating in the Conference on Security and Cooperation in Europe (CSCE) met in Moscow from September 10 through October 4, 1991, for the third meeting of the Conference on the Human Dimension (CHD, or CDH from the French acronym) of the CSCE. The first meeting of the Conference was held in Paris from May 20 through June 23, 1989, and the second was held in Copenhagen from June 5 through 29, 1990. The meetings of the CHD address the full range of human rights and humanitarian concerns associated with the Helsinki process.

We, the Heads of State or Government of the States participating in the Conference on Security and Co-operation in Europe, havae assembled in Paris at a time of profound change and historic expectations. The era of confrontation and division of Europe has ended. We declare that henceforth our relations will be founded on respect and co-operation. Europe is liberating itself from the legacy of the past. The courage of men and women, the strength of the will of the peoples and the power of ideas of the Helsinki Final Act have opened a new era of democracy, peace and unity in Europe. Ours is a time for fulfilling the hopes and expectations our peoples have cherished for decades: steadfast commitment to democracy based on human rights and fundamental freedoms; prosperity through economic liberty and social justice; and equal security for all our countries. The Ten Principles of the Final Act will guide us towards this ambitious future, just as they have lighted our way towards better relations for the past fifteen years. Full implementation of all CSCE commitments must form the basis for the initiatives we are now taking to enable our nations to live in accordance with their aspirations.