AMBASSADOR WILLIAMSON: CROATIA MODEL FOR REGION IN

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 000941

SIPDIS

SIPDIS

DEPARTMENT FOR S/WCI - WILLIAMSON, BERG,
EUR/SCE - HOH, SAINZ, PFEUFFER, L/EUR - KJOHNSON,
INR/WCAD - BRAUM/MORIN

E.O. 12958: DECL: 08/08/2016
TAGS: PREL KAWC ICTY SR HR WAR CRIMES
SUBJECT: AMBASSADOR WILLIAMSON: CROATIA MODEL FOR REGION IN
ICTY COOPERATION

REF: A. THE HAGUE 1617

B. BELGRADE 1211

C. ZAGREB 898

Classified By: Pol Officer Tom Selinger for reasons 1.4(b) & (d)


1. (C) Summary: During a July 31 visit to Zagreb,
Ambassador-at-Large for War Crimes Issues Clint Williamson
welcomed Croatia's assistance on Serbia's Action Plan on
ICTY cooperation and called on officials to continue their
efforts to promote regional cooperation in addressing
domestic war crimes cases. In meetings with President
Stjepan Mesic, Chief State Prosecutor Mladen Bajic, and MFA
State Secretary Hidajet Biscevic, Ambassador Williamson
praised Croatia's positive political leadership on this
issue. Croatian officials strongly endorsed Ambassador
Williamson's initiative to base a local staff member in
Zagreb to encourage regional cooperation and assist
coordination efforts to track down ICTY fugitives. Mesic
offered the presidential retreat on the Brijuni Islands as
a venue for Ambassador Williamson's proposed regional
meeting of state prosecutors. End Summary.

ICTY: CROATIAN EXPERIENCE CAN CONTRIBUTE TO BELGRADE'S
ACTION PLAN
-------------- --------------


2. (C) While Croatia has met all of its obligations
regarding the ICTY, its experience can benefit Serbia,
Ambassador Williamson told officials in Zagreb. He
specifically praised the role of President Mesic, pointing
to him as the only leader in the region who has
consistently said that the governments must address war
crimes because this is the right thing to do to promote the
rule of law and a just society, not just to check a box to
achieve EU or NATO membership. While Mesic took heavy
criticism for his statements during his career, Ambassador
Williamson noted that the President has emerged as the most
popular politician in Croatia, showing other regional
leaders that a strong stance against war crimes is not
political suicide.


3. (C) Mesic called past atrocities "a burden on relations"
in the region and maintained that all sides benefit when we
eliminate collective guilt by holding individuals
responsible for crimes. He noted that this has helped
reduce public opposition to war crimes trials of Croat
defendants. Ambassador Williamson called on Mesic to
continue to speak out on this issue.


4. (C) In discussing Serbia's Action Plan with Chief State
Prosecutor Bajic, Ambassador Williamson welcomed Serbian
War Crimes Prosecutor Vukcevic's coordinating role. Bajic,
who has a close, cooperative relationship with Vukcevic,
told Ambassador Williamson that he had advised ICTY Chief
Prosecutor Del Ponte that Vukcevic was the only person in
Serbia capable of playing this role. Bajic added from his
own experience that Vukcevic must have strong public
support from the government to succeed. According to
Bajic, Kostunica must publicly distance himself from Mladic
and condemn his crimes, otherwise Vukcevic will accomplish
nothing.

DOMESTIC CASES: MONTENEGRO AGREEMENT MAY OVERCOME BANS ON
EXTRADITIONS
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5. (C) Ambassador Williamson invited Croatian officials to
play a leading role in promoting regional cooperation on
war crimes cases and offered the assistance of a local
staff member of his office to be based in Zagreb. Bajic
was particularly enthusiastic in his support, and pointed
to a Croatia-Montenegro agreement signed the previous week
as an important first step in addressing constitutional
prohibitions in the region against the extradition of a
nation's own citizens (ref C). The agreement enables him
to transfer evidence on crimes committed in Croatia to his
counterpart in Podgorica for the prosecution of defendants
in Montenegro.


6. (C) The GoC is pushing for a similar agreement with

ZAGREB 00000941 002 OF 002


Belgrade, according to MFA's Biscevic, who said it would
represent an immense step forward in the credibility of the
Serbian judiciary. Bajic will meet with Vukcevic this fall
to work on the details. If Belgrade shows political
support for this agreement, Bajic said, it will help create
terrain where it will be easier to arrest ICTY fugitive
Ratko Mladic.


7. (C) Bajic also highlighted cooperation agreements
between prosecutors in the region allowing working-level,
prosecutor-to-prosecutor contacts that avoid cumbersome
mutual legal assistance mechanisms for day-to-day
business. He reported that more than 300 contacts
regarding war crimes and other serious crimes were
initiated under these agreements last year.


8. (C) Bajic also recently concluded an agreement with the
ICTY to gain access to the Tribunal's electronic archives,
demonstrating The Hague's clear confidence in his office.
According to Bajic, access to these documents will allow
him to make further progress in clearing the long list of
old domestic war crimes cases, which has been reduced from
4,000 to 1,107, and open some new ones which were not
appropriate for ICTY prosecution.

REGIONAL GATHERING OF PROSECUTORS COULD FOSTER COOPERATION
-------------- --------------


9. (C) Ambassador Williamson proposed gathering chief
prosecutors from the region for several days in October to
discuss barriers to regional cooperation and explore how
their governments and the USG can assist in advancing their
work. All Croatian officials strongly supported the idea.
Bajic said such a meeting would be a great show of
political support for work of the prosecutors and would
significantly contribute to improving regional cooperation
and efficiency. Biscevic said this gathering could be
immensely important in defining the issues surrounding
transferring evidence and witnesses. For his part,
President Mesic offered the presidential retreat on the
Brijuni islands as a venue so prosecutors can focus on
cooperation without daily distractions.
DELAWIE