ARTICLE 98: MESIC'S COUNTERPROPOSAL

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 001039

SIPDIS

SIPDIS

DEPARTMENT FOR EUR/SCE HOH, SAINZ, BALIAN
DEPARTMENT FOR PM

E.O. 12958: DECL: 08/31/2016
TAGS: PREL PGOV NATO MARR HR DEFENSE REFORM
SUBJECT: ARTICLE 98: MESIC'S COUNTERPROPOSAL

C O R R E C T E D COPY (PASS LINE ADDED)
REF: ZAGREB 809

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Classified By: Ambassador Robert Bradtke for reasons 1.4 (b) and (d)


1. (C) Presidential foreign policy advisor Tomislav Jakic
wrote former Ambassador Frank in late June (reftel) stating
that President Mesic's office had examined the US draft
"security cooperation agreement" which incorporated
non-extradition language without specific mention of the ICC
or Article 98, and had passed a counterproposal to the GoC
for discussion with the Embassy. Numerous Post inquiries
over the summer produced no information from MFA. Jakic
finally handed Ambassador a copy of the counterproposal on
August 30, noting that the President's office had "tried to
go through channels" but in view of the Government's lack of
response, had abandoned that process. Ambassador quickly
scanned the text (below),and noted that there appeared to be
a number of sticking points, such as the reference to a court
authorized by "the UN and/or the UN Security Council" as well
as the ambiguous reference to charges being filed in domestic
courts. However, he agreed to transmit the proposal to the
Department for expert review.

2. (C) COMMENT: It is not clear whether the President,s
office believes its "compromise" is something we could really
live with, or has simply provided a counterproposal
containing unacceptable language as a polite way of
continuing to reject the entire Article 98 concept.
Nevertheless, this is the first time we have received
anything other than an outright refusal to consider such an
agreement. We look forward to Department's evaluation of the
Croatian text and suggestions about alternative language.
END COMMENT.

3. Full Text of Mesic Counterproposal:

OFFICE OF THE PRESIDENT OF THE REPUBLIC OF CROATIA

DRAFT PROPOSAL

Agreement between the Government of the United States of
America and the Government of the Republic of Croatia
regarding Security Cooperation

The Government of the United States of America and the
Government of the Republic of Croatia, hereinafter "the
Parties",

Desiring to enhance friendly relations between the two
countries;

Affirming the already stated intent to promote and strengthen
relations between the two countries;

Reaffirming their support for the Statement of Interdiction
Principles of the Proliferation Security Initiative;

Recognizing the Parties' past cooperation in the prevention
of arms proliferation and exports;

Resolved to strengthen regional security and further
comprehensive cooperation in the prevention of global
terrorism;

Convinced that the established bilateral bonds are the
appropriate framework for enhanced security and defense
cooperation;

Estimating that this cooperation may be amplified and
deepened in various areas of security, and defense technology
and industry;

Proceeding from diverse activities and exchanges that have
already resulted in security cooperation;

Recognizing that the Parties have established a State
Partnership Program through which the Minnesota National
Guard (USA) and the Armed Forces of the Republic of Croatia
have enhanced the Parties' security cooperation;

Aware of the significant contribution of this cooperation to
the international community in which global security is a
fundamental element;

Frankly committed to cooperation with international tribunals
established or authorized by the United Nations and/or the
United Nations Security Council;

Based on principles of reciprocity and equal interests,

Hereby agree as follows:

The Government of the United States of America will continue

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to provide technical support, training and equipment for
export control and border security to officials and
employees, including contractors or military personnel of the
Government of the Republic of Croatia.

The Parties hereby state their commitment to the finalization
of an agreement which would regulate different aspects of the
temporal presence of military and civilian personnel of the
Department of Defense of the United States of America on the
territory of the Republic of Croatia.

The Parties will continue to participate in the joint
demining program in the territory of the Republic of Croatia.

The Parties will continue the practice of exchange visits of
senior officers of their armed forces in the Republic of
Croatia and the United States of America, and the U.S.
European Command.

Eligible government officials, employees and military
personnel of either Party, providing they meet the conditions
for it, will continue to compete for attendance at
appropriate military and other training and academic
institutions of the other Party.

Within the scope of allocation of appropriated funds, the
Government of the United States of America will provide to
the Government of the Republic of Croatia access to certain
security assistance, including international military
education and training, foreign military financing and
foreign military sales programs. These programs will make it
possible for the Government of the Republic of Croatia to
acquire mutually agreed defense articles, defense services
and related training, and military education and training.

Current or former government officials, employees,
contractors or military personnel, or nationals of one Party
(hereinafter "the visiting Party") present in the territory
of the other Party (hereinafter "the hosting Party") may be
surrendered only to an international tribunal established or
authorized by the United Nations and/or the United Nations
Security Council, and only in cases when such a tribunal
wants them as suspects or indictees, and when the national
judiciary of the Party of which they are nationals has not
charged them for offences because of which they are wanted by
such a tribunal. Such persons may be surrendered or
transferred to another entity or expelled to a third country
only when that serves the purpose of surrender or transfer to
an international tribunal established or authorized by the
United Nations and/or the United Nations Security Council,
and when the national judiciary of the Party of which they
are nationals has not charged them for offences because of
which they are wanted by such a tribunal. The extradition,
surrender or transfer by any means of such persons from the
hosting Party to any other international tribunal may be
effected only by express consent of the visiting Party.

This Agreement shall enter into force upon signature by both
Parties. It will remain in force until one year after the
date on which one Party notifies the other Party of its
intent to terminate this Agreement. The provisions of this
Agreement shall continue to apply with respect to any act
occurring, or any allegation arising, before the effective
date of termination.

Done at (location) in duplicate, this (day, month, year) in
the English and Croatian languages. Both copies shall apply
equally.
BRADTKE