(ICTY) YUGOSLAV WAR CRIMES TRIBUNAL PROSECUTOR

C O N F I D E N T I A L USUN NEW YORK 000499 SIPDIS SIPDIS E.O. 12958: DECL: 06/19/2017 TAGS: ICTY KAWC KJUS SR XH MW SUBJECT: (ICTY) YUGOSLAV WAR CRIMES TRIBUNAL PROSECUTOR REVIEWS CARLA'S LIST Classified By: Ambassador Wolff for reasons 1.(b) and 1 (d). ¶1. (U) Summary: In a farewell call, ICTY Prosecutor Carla del Ponte described her work and plans for the months between now and September when her resignation from the Tribunal takes effect. Earlier she told the Security Council that, "the fact that four persons remain at large, in particular, Radovan Karadzic and Ratko Mladic, is a permanent stain on our work." Del Ponte told Ambassador Wolff that Serbia's cooperation with the Tribunal has improved somewhat and she hopes that this factor, along with the recent arrest of Zdravko Tolimir, may lead to further arrests of key fugitives during the next few months. Del Ponte also urged the USG to support her Deputy, David Tolbert (US) to succeed her as ICTY Prosecutor. End Summary. ¶2. (C) Carla del Ponte, ICTY Prosecutor for the past eight years, met with Ambassador Wolff on June 18. She was accompanied by the Deputy Prosecutor, David Tolbert. While reflecting with satisfaction on the achievements of the Tribunal, del Ponte clearly had one thing on her mind - "Carla's list" (A movie of the same name has been produced to highlight the Tribunal's work). Del Ponte said that she had seen some progress in Serbia's cooperation, albeit guarded. The Tadic government has pledged to assist her in locating the key fugitives and she believes the Chief of Intelligence, Rade Bulatovic, knows in which locale Mladic is hiding. She described the May 31 arrest of Zdravko Tolimir and subsequent arrest of Vlastimir Djordjevic in Montenegro. Both have now been transferred to The Hague. Del Ponte described how the Serbs played a key role but distanced themselves from the arrest of Tolimir. She said that Belgrade has tried to link the situation in Kosovo to the apprehension of Mladic, saying that if the UN acts on Kosovo independence, people will be protesting in the streets and the political situation will be too fragile to bear the arrest of such popular leaders as Mladic or Karadic. Wolff noted that such linkage is unacceptable. Del Ponte said the Serbs have Mladic's family under surveillance and she remains hopeful that Butalovic, whose assignment ends in July, will deliver Mladic before the end of that month. ¶3. (C) Del Ponte seemed less optimistic about getting Karadic and said better intelligence support from KFOR, NATO and the US would be welcome. "Just tell me where he is - Bosnia, Serbia, Montenegro, she said. Then I can work with that country." Ambassador Wolff assured del Ponte that the apprehension of these key fugitives remains an important US policy objective. He asked del Ponte what conclusion she would draw if by the end of July Mladic remains at large? Del Ponte responded that she had not envisioned that situation but it may mean that he is no longer in Serbia. She said that there is a window of opportunity now. It is not enough for the Serbs to say he is not there. They must give evidence that he is not and reveal where he is. Del Ponte added that Tolimer had been Mladic's "right hand man" and she hopes to meet with him and is "prepared to make a plea agreement" in exchange for information leading to Mladic's arrest. That meeting will take place as soon as he had obtained defense counsel. ¶4. (U) Turning to the future of the Tribunal, del Ponte expressed support for Tolbert's candidacy to succeed her as Prosecutor. She said she had spoken with UN Legal Counsel Michel but did not get much information on the appointment of her successor. Ambassador Wolff assured them that the Secretary General understands the issue and has not yet SIPDIS filled the job. WOLFF