FOREIGN MINISTER PICULA SEEKS USG COMMMENT ON

C O N F I D E N T I A L ZAGREB 002041

SIPDIS


DEPT FOR AC - A/S REDEMAKER AND EUR/SCE-MNARDI
DEFENSE FOR OSD - RICARDEL

E.O. 12958: DECL: 09/18/2013
TAGS: PREL KAWC HR NATO
SUBJECT: FOREIGN MINISTER PICULA SEEKS USG COMMMENT ON
ARTICLE 98 OPTION

REF: ZAGREB 1887

CLASSIFIED BY: POLOFF JUSTIN FRIEDMAN, REASONS 1.5 (B) & (D)


1. (C) SUMMARY AND ACTION REQUEST: THE AMBASSADOR MET
ONE-ON-ONE WITH FOREIGN MINISTER PICULA ON SEPTEMBER 17 TO
DISCUSS KEY BILATERAL ISSUES IN ADVANCE OF HIS AND PRESIDENT
MESIC'S TRIP TO NEW YORK FOR THE UNGA (IRAQ TROOP
CONTRIBUTION COVERED SEPTEL). ASKED BY THE AMBASSADOR ABOUT
THE STATUS OF A GOC PROPOSAL FOR AN ARTICLE 98 AGREEMENT, AS
WAS PROMISED TO US IN JUNE (REFTEL),PICULA SAID AN ARTICLE
98 AGREEMENT WOULD BE DIFFICULT IN THE CURRENT CLIMATE.
CONSISTENT WITH PREVIOUS GOC DISCUSSIONS, HE OFFERED TO
NEGOTIATE AN AGREEMENT IN THE CONTEXT OF A SOME FORM OF
MUTUAL LEGAL ASSISTANCE AGREEMENT. NOTE: PICULA RAISED THIS
OPTION WITH AMBASSADOR LINO IN JUNE, TO WHICH LINO RESPONDED
THAT DESPITE THE WEAKNESSES INHERENT IN THIS OPTION, THE USG
WOULD CONSIDER A GOC PROPOSAL. PICULA HANDED THE AMBASSADOR
A NON-PAPER (TEXT PARA 2) STATING THE GOC'S CURRENT POSITION
AND INVITED A U.S. RESPONSE. POST REQUESTS WASHINGTON
RESPONSE TO THE APPROACH SUGGESTED BY MINISTER PICULA. END
SUMMARY AND ACTION REQUEST.


2. (SBU) BEGIN GOC ARTICLE 98 POINTS (NOTE INTERNAL
NUMBERING):

REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS

TALKING POINTS

FOR A MEETING BETWEEN CROATIAN MINISTER OF FOREIGN AFFAIRS
TONINO PICULA AND THE US AMBASSADOR RALPH FRANK (ARTICLE 98
AGREEMENT)


1. STARTING FROM THE DIFFERENT POSITIONS OF THE UNITED
STATES AND THE EU ON THE LEGAL NATURE AND PERMISSIBILITY OF
SPECIAL AGREEMENTS ON NON-EXTRADITION TO THE ICC, AS WELL AS
THE CROATIAN INTERNAL POLITICAL RELATIONS RELATED TO THE FACT
THAT CROATIA CURRENTLY HAS AND WILL HAVE AN OBLIGATION TO
COOPERATE WITH THE ICTY, WE NEED TO STATE THAT THE
MANEUVERING SPACE IS RATHER LIMITED.


2. DURING THE FIRST ROUND OF TALKS WITH THE US
REPRESENTATIVES HELD IN JUNE
2003 IT WAS STATED THAT THE ARTICLE 98 AGREEMENT (AS
PROPOSED) IS HARDLY ACCEPTABLE FOR CROATIAN SIDE, ESPECIALLY
IN LIGHT OF THE CLEAR STAND OF CROATIAN PUBLIC OPINION.

* ADDITIONALLY, IN ACCORDANCE WITH OUR CONSTITUTION SUCH AN
AGREEMENT SHOULD BE RATIFIED IN THE PARLIAMENT, WHICH COULD
POSE AN ADDITIONAL PROBLEM.


3. THE CROATIAN SIDE SUGGESTED THAT THE PROBLEM CAN BE
SOLVED WITHIN THE FRAMEWORK OF A WIDER AGREEMENT ON
EXTRADITION AND LEGAL ASSISTANCE (OR JUST THE EXTRADITION
AGREEMENT).


4. THE ELEMENTS OF SUCH AN AGREEMENT COULD BE AS FOLLOWS:

A) INSTEAD OF CONCLUDING A SPECIAL AGREEMENT ON
NON-EXTRADITION TO THE ICC, A SUITABLE PROVISION COULD BE
INCLUDED IN THE AGREEMENT BETWEEN CROATIA AND THE US ON
EXTRADITION AND MUTUAL LEGAL ASSISTANCE (ALTERNATIVELY IN
EXTRADITION AGREEMENT OR TWO SEPARATE AGREEMENTS CAN BE
CONCLUDED). SUCH AN AGREEMENT DOES NOT EXIST UP TO DATE AND
THE AGREEMENT CONCLUDED BETWEEN THE US AND THE KINGDOM OF
SERBIA, TAKEN BY SUCCESSION OVER BY CROATIA, IS CURRENTLY
IMPLEMENTED.

B) IN THE AGREEMENT, WHICH BY ITS NATURE SHOULD BE
DETAILED AND IT SHOULD ENCOMPASS DIFFERENT FORMS OF LEGAL
ASSISTANCE, THERE WOULD BE A PROVISION THAT WOULD NOT BE
EXPLICITLY REFERRING TO THE ROME STATUTE. INSTEAD, IT WOULD
BE A PROVISION THAT WOULD GENERALLY DEAL WITH MUTUAL
EXTRADITION ISSUES AND THE IMPLEMENTATION OF THE PRINCIPLE
&AUT DEDERE, AUT JUDICARE8 (TO PROSECUTE OR TO EXTRADITE).

ZAGREB, 17 SEPTEMBER 2003

END GOC POINTS.
FRANK

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