ICTY INDICTMENTS OF BOSNIAN CROATS

C O N F I D E N T I A L ZAGREB 000488

SIPDIS


THE HAGUE FOR JOHNSON AND KAYE
DEPARTMENT FOR S/WCI AND EUR

E.O. 12958: DECL: 03/22/2014
TAGS: KAWC PREL PGOV BK HR
SUBJECT: ICTY INDICTMENTS OF BOSNIAN CROATS

REF: A. ZAGREB 456


B. ZAGREB 425

Classified By: DCM Patrick S. Moon for reason 1.5 (b,d)

Summary
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1. (C) Foreign Minister Zuzul told the Ambassador on March
22 that the GoC would do everything it could to ensure
Croatian citizens indicted by ICTY for crimes in Bosnia were
transferred to The Hague, but could not guarantee that the
process would go as smoothly as in the cases of Cermak and
Markac. Zuzul said that the "most logical and efficient" way
for the GoC to receive the indictments would be for the
Government of BiH to present a formal request to the GoC for
assistance in execution. Zuzul said that the GoC is still
considering its options to raise more forcefully its
objections to the text of the recent indictments against
Cermak and Markac (ref b). End Summary.


2. (C) On March 22, the Ambassador met with Croatian Foreign
Minister Miomir Zuzul to discuss aspects of an upcoming trip
to the U.S. The Ambassador used the opportunity to remind
Zuzul that the international community expects Croatia to
continue to cooperate fully with the ICTY in the case of
indictments against a number of Bosnian Croats. Croatia's
track record of cooperation with the Tribunal was greatly
improved by the GoC's management of indictments against Ivan
Cermak and Mladen Markac, both of whom surrendered to ICTY
custody on March 11.


3. (C) Zuzul reiterated the Sanader government's commitment
to full cooperation with ICTY, but pointed out that not all
aspects of the indictments against the Bosnian Croats are
under GoC control, as they were with Cermak and Markac. In
the latter case, GoC was able to "manage the process" of the
indictments to exclude any outcome other than the prompt
transfer of the PIFWCS to The Hague. Zuzul said that since
several of those expected to be named in new indictments of
Bosnian Croats are Croatian citizens and reside in Croatia,
the GoC is ready to cooperate, but the process may not be as
smooth.

Croatia Seeks "Formal Requests" from GoBiH
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4. (C) Zuzul said that the method by which the GoC is asked
to help secure indictees' transfer is important. After all,
Zuzul explained, if our shared goal is to support the
development of BiH as a sovereign state, we should follow the
appropriate form. Croatia seeks formal requests from the
government in Sarajevo for assistance in delivering the
indictments and transferring indictees.

Objecting to Language Doesn't Mean "Not Cooperating"
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5. (C) Zuzul said that the GoC was still considering how
best to voice its objections to the language in the Cermak
and Markac indictments. The GoC had concluded that its
status as "amici curiae" might not be strong enough. The
Cermak and Markac indictments had crossed the line from being
an indictment of individuals to an accusation against
Croatia; Croatia should have the right to defend itself
separately from the individuals. Zuzul said that one
U.S.-based adviser told him that the Prosecutor's
inappropriate characterization of Croatia's war might end up
helping the indictees. (Note: the text of the indictments
used the term "joint criminal enterprise" to describe parts
of Croatia's war of independence and named former President
Tudjman as an accomplice. End Note.) Zuzul said that PM
Sanader is doing his best to keep political grandstanding
about the indictments to a minimum. So far, the GoC has
avoided an open debate in the Sabor, but it may not be long
before this issue is given a more public airing.


6. (C) Zuzul said that PM Sanader had sent the President of
the Court a letter (with a copy to Chief Prosecutor del
Ponte) voicing GoC objections to the text of the indictment.
Zuzul was quick to point out that this line of action must
not be seen as a deviation from the GoC's resolve to continue
full cooperation with the Tribunal, but rather as a separate
track. Other moves on this track include a meeting between
Justice Minister Vesna Skare Ozbolt and, eventually, a

meeting for FM Zuzul with the President of the Court. When
the latter meeting is scheduled, Zuzul concluded, Croatia
will make a more formal representation to the USG.

Comment
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7. (C) Zuzul clearly knows that the Sanader government's
cooperation with ICTY is under an international microscope,
and we expect Croatia will act in a way that will not
negatively affect Croatia's aspirations for integration into
Euro-Atlantic institutions. While Zuzul's preference for a
formal request for assistance from the GoBiH likely stems
more from his Government's desire for a small measure of
political cover rather than its desire to respect the state
institutions of BiH, he has a point.
FRANK


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