Identifier
Created
Classification
Origin
06USUNNEWYORK1148
2006-06-06 20:29:00
CONFIDENTIAL
USUN New York
Cable title:
ICTY PRESIDENT POCAR PREVIEWS JUNE 7 ADDRESS FOR
how-toVZCZCXYZ0005 OO RUEHWEB DE RUCNDT #1148 1572029 ZNY CCCCC ZZH O 062029Z JUN 06 FM USMISSION USUN NEW YORK TO RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 8797 RUEHC/SECSTATE WASHDC IMMEDIATE 9261 INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
C O N F I D E N T I A L USUN NEW YORK 001148
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/06/2011
TAGS: PGOV PREL UNSC NL BK
SUBJECT: ICTY PRESIDENT POCAR PREVIEWS JUNE 7 ADDRESS FOR
SECURITY COUNCIL
REF: 6-2-06 SCHILDGE/LESNICK EMAIL
Classified By: Ambassador Alex Wolff, Deputy Representative, for reason
s 1.4(b) and (d).
C O N F I D E N T I A L USUN NEW YORK 001148
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/06/2011
TAGS: PGOV PREL UNSC NL BK
SUBJECT: ICTY PRESIDENT POCAR PREVIEWS JUNE 7 ADDRESS FOR
SECURITY COUNCIL
REF: 6-2-06 SCHILDGE/LESNICK EMAIL
Classified By: Ambassador Alex Wolff, Deputy Representative, for reason
s 1.4(b) and (d).
1. (U) BEGIN SUMMARY. Appealing for continuing U.S.
support, Judge Fausto Pocar, President of the International
Criminal Tribunal for the former Yugoslavia (ICTY),previewed
his June 7 address to the Security Council for Ambassador
Wolff on June 5. Pocar said he would focus on the ICTY's
work to fulfill the completion strategy and refer briefly to
the outcome of the ICTY's investigation into the death of
Slobodan Milosevic. Ambassador Wolff stressed full U.S.
support for Pocar and the ICTY. END SUMMARY.
2. (C) Pocar said the ICTY's investigation into Milosevic's
death confirmed the Dutch prosecutor's conclusion that
Milosevic had died naturally of a heart attack, but doubted
the ICTY's conclusions would satisfy the Milosevic family or
"some Russians." Although the investigation found no signs
that Milosevic had been poisoned, Pocar said the ICTY's
investigation identified gaps in the tribunal's security
system resulting from the tribunal's efforts to preserve
Milosevic's ability to defend himself. Milosevic's visitors
were not searched, and the need to protect confidentiality
prevented ICTY officials from reviewing any documents
Milosevic received. Pocar thought the Russian delegation
might press him at the June 7 briefing, but planned to keep
his remarks about Milosevic's death factual and brief.
3. (U) Pocar then discussed the ICTY's efforts to fulfill
the completion strategy. After Milosevic's death, the ICTY
rescheduled the new trials to begin in July, rather than net
year. Two of the ICTY's ad litem judges have been appointed,
and the third will be appointed in July.
4. (U) In another change, the trial chamber now can direct
the prosecutor to reduce the length of an indictment and to
select the counts on which to proceed to trial initially.
That decision was "not taken lightly," but represents an
"imperative" reform that will permit the shorter trials
needed to accelerate the ICTY's work. Under the new rule,
all counts of an indictment would not be eliminated; instead,
each defendant could have several trials, beginning with a
short initial trial on the major counts. The ICTY then could
hold successive trials for each defendant or the Security
Council could refer the subsequent trials to domestic courts.
Starting with a short trial would allow the ICTY to reduce
the time defendants are held in pretrial detention and thus
safeguard defendants' human rights more effectively, Pocar
said.
5. (C) Pocar cautioned that Prosecutor Carla del Ponte
disagrees with the new rule and might challenge it before the
Security Council. Del Ponte believes each trial should
detail historical events and does not think trying defendants
on some counts only would provide that narrative. If del
Ponte does object to the Council, Pocar said he would stress
that the rule does not affect the prosecutor's prerogatives.
Ambassador Wolff expressed U.S. support generally for efforts
to shorten and accelerate trials as a way to conclude the
ICTY's mandate.
6. (U) Pocar then appealed for international support for the
tribunal. If "all goes smoothly," he said, the ICTY might
finish its trials by 2009 and its appeals by 2010, but that
schedule could take longer if Karadzic and Mladic are
arrested in 2009. Pocar stressed that the international
community must apply pressure on Belgrade, but admitted that
even if the Yugoslav government wanted to comply with the
ICTY, it might have difficulty doing so. Pocar also
emphasized the need for international assistance to enhance
the ICTY's referrals to local courts. Judicial training is
essential, and Bosnia needs support to build new facilities
to detain suspects. The ICTY cannot refer new cases to
Bosnian courts unless Bosnia has adequate prisons.
BOLTON
SIPDIS
SIPDIS
E.O. 12958: DECL: 06/06/2011
TAGS: PGOV PREL UNSC NL BK
SUBJECT: ICTY PRESIDENT POCAR PREVIEWS JUNE 7 ADDRESS FOR
SECURITY COUNCIL
REF: 6-2-06 SCHILDGE/LESNICK EMAIL
Classified By: Ambassador Alex Wolff, Deputy Representative, for reason
s 1.4(b) and (d).
1. (U) BEGIN SUMMARY. Appealing for continuing U.S.
support, Judge Fausto Pocar, President of the International
Criminal Tribunal for the former Yugoslavia (ICTY),previewed
his June 7 address to the Security Council for Ambassador
Wolff on June 5. Pocar said he would focus on the ICTY's
work to fulfill the completion strategy and refer briefly to
the outcome of the ICTY's investigation into the death of
Slobodan Milosevic. Ambassador Wolff stressed full U.S.
support for Pocar and the ICTY. END SUMMARY.
2. (C) Pocar said the ICTY's investigation into Milosevic's
death confirmed the Dutch prosecutor's conclusion that
Milosevic had died naturally of a heart attack, but doubted
the ICTY's conclusions would satisfy the Milosevic family or
"some Russians." Although the investigation found no signs
that Milosevic had been poisoned, Pocar said the ICTY's
investigation identified gaps in the tribunal's security
system resulting from the tribunal's efforts to preserve
Milosevic's ability to defend himself. Milosevic's visitors
were not searched, and the need to protect confidentiality
prevented ICTY officials from reviewing any documents
Milosevic received. Pocar thought the Russian delegation
might press him at the June 7 briefing, but planned to keep
his remarks about Milosevic's death factual and brief.
3. (U) Pocar then discussed the ICTY's efforts to fulfill
the completion strategy. After Milosevic's death, the ICTY
rescheduled the new trials to begin in July, rather than net
year. Two of the ICTY's ad litem judges have been appointed,
and the third will be appointed in July.
4. (U) In another change, the trial chamber now can direct
the prosecutor to reduce the length of an indictment and to
select the counts on which to proceed to trial initially.
That decision was "not taken lightly," but represents an
"imperative" reform that will permit the shorter trials
needed to accelerate the ICTY's work. Under the new rule,
all counts of an indictment would not be eliminated; instead,
each defendant could have several trials, beginning with a
short initial trial on the major counts. The ICTY then could
hold successive trials for each defendant or the Security
Council could refer the subsequent trials to domestic courts.
Starting with a short trial would allow the ICTY to reduce
the time defendants are held in pretrial detention and thus
safeguard defendants' human rights more effectively, Pocar
said.
5. (C) Pocar cautioned that Prosecutor Carla del Ponte
disagrees with the new rule and might challenge it before the
Security Council. Del Ponte believes each trial should
detail historical events and does not think trying defendants
on some counts only would provide that narrative. If del
Ponte does object to the Council, Pocar said he would stress
that the rule does not affect the prosecutor's prerogatives.
Ambassador Wolff expressed U.S. support generally for efforts
to shorten and accelerate trials as a way to conclude the
ICTY's mandate.
6. (U) Pocar then appealed for international support for the
tribunal. If "all goes smoothly," he said, the ICTY might
finish its trials by 2009 and its appeals by 2010, but that
schedule could take longer if Karadzic and Mladic are
arrested in 2009. Pocar stressed that the international
community must apply pressure on Belgrade, but admitted that
even if the Yugoslav government wanted to comply with the
ICTY, it might have difficulty doing so. Pocar also
emphasized the need for international assistance to enhance
the ICTY's referrals to local courts. Judicial training is
essential, and Bosnia needs support to build new facilities
to detain suspects. The ICTY cannot refer new cases to
Bosnian courts unless Bosnia has adequate prisons.
BOLTON