Identifier
Created
Classification
Origin
07USUNNEWYORK511
2007-06-22 23:28:00
UNCLASSIFIED
USUN New York
Cable title:  

RUSSIA DENIES PROTECTION OF VLASTIMIR DJORDJEVIC

Tags:  ICTY PHUM PREL 
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VZCZCXYZ0006
PP RUEHWEB

DE RUCNDT #0511/01 1732328
ZNR UUUUU ZZH
P 222328Z JUN 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 2126
INFO RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 0248
RUEHLGB/AMEMBASSY KIGALI PRIORITY 0226
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 8896
UNCLAS USUN NEW YORK 000511 

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: ICTY PHUM PREL
SUBJECT: RUSSIA DENIES PROTECTION OF VLASTIMIR DJORDJEVIC
AT ICTY/ICTR BRIEFING AT THE SECURITY COUNCIL, JUNE 18

REF: A. STATE 83270


B. STATE 82698

UNCLAS USUN NEW YORK 000511

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: ICTY PHUM PREL
SUBJECT: RUSSIA DENIES PROTECTION OF VLASTIMIR DJORDJEVIC
AT ICTY/ICTR BRIEFING AT THE SECURITY COUNCIL, JUNE 18

REF: A. STATE 83270


B. STATE 82698


1. (U) SUMMARY: The Security Council (SC) met June 18 for a
briefing on the International Criminal Tribunal for the
Former Yugoslavia (ICTY) and the International Criminal
Tribunal for Rwanda (ICTR). The President and Prosecutor of
each tribunal made a statement, as did representatives from
all fifteen SC members, Bosnia and Herzegovina, Montenegro,
Rwanda, and Serbia. Although there were a number of
different views expressed by the various speakers, some
common themes emerged: the apprehension of fugitive
indictees, questions about the ICTY/ICTR completion
strategies, and the referral of trials of mid to low ranking
indictees to national jurisdictions. Ambassador Jackie W.
Sanders made a statement (reftels) that supported Rwanda's
bid to hear transfer cases, the international obligations of
states to apprehend fugitive indictees for both Tribunals,
the need for the international community to help in
capacity-building efforts in national judiciaries, and a call
for the Tribunals to continue legacy planning. The full text
of the U.S. statement is contained in paragraph 13. END
SUMMARY.


2. (U) ICTY President Fausto Pocar noted the Tribunal,s
increased trial and appellate efficiency over the past six
months. He said that the ICTY is operating at full capacity,
and that eight cases have been tried. He added that a
judgment was rendered in the Martic case and that one will
soon be rendered in the Mrksic case, and that amendments to
the Rules of Procedure and Evidence have enhanced the
efficiency of pre-trial and trial proceedings. Pocar warned
that the increasing workload of the Appellate Chamber will
need to be addressed, and suggested transitioning trial
judges to the appellate side in order to forestall this
problem. He also said that the referral of cases to national
jurisdictions will be marred should the escape of Radovan
Stankovic go unresolved. Despite this, he urged the SC to
fully support domestic jurisdictions in building capacity and
strengthening detention facilities. He also noted the
heightened compliance of States in apprehending fugivites,
most recently Zdravok Tolimir and Vlastimir Djordjevic.
Lastly, he highlighted the importance of residual issues,

including the tribunal,s legacy, the importance of
apprehending and trying the four remaining high-level
fugitives, and the Tribunal,s efforts to finish trials
within the dates set by the Completion Strategy.


3. (U) ICTR President Dennis Byron summarized the work done
by the Tribunal over the past six months, and addressed
issues and challenges presented by the ICTR completion
strategy. In summarizing the trials, he concluded that the
Trial Chamber has made significant progress on most cases and
is on track to complete all but one current case by the end
of 2008. Byron also noted several of the Tribunal's
challanges. The most significant challange will be the
interplay between apprehending current fugitive indictees,
the need to process the high-level indictees already in
custody, the need to transfer some other indictees to
national jurisdictions (to gain capacity to process the
high-level indictees at the Tribunal),and the role of Member
States in supporting national jurisdictions,
capacity-building efforts so that all of this can be
accomplished. Another challenge Byron highlighted is an
increased need for State cooperation in relocating acquitted
persons. Byron also underscored the Tribunal,s lack of
resources, which has resulted in a loss of employees.
Finally, he noted Rwanda,s improvements in its judicial
system and its cooperation with the Tribunal.


4. (U) ICTY Prosecutor Carla Del Ponte addressed two issues
stemming from the fact that some accused persons remain at
large. She said that there is a need for the OSCE to monitor
any future trials in domestic jurisdictions so that national
governments will not interfere in the judicial process, and
noted that the failure to apprehend these persons would have
a deleterious effect on the Tribunal,s legacy. Del Ponte
said that her office had no information on the whereabouts of
Radovan Karadzic and Ratko Mladic, and expressed displeasure
that regional services have not been able to locate and
arrest them. She did, however, note an upswing in
cooperation from Serbia and Bosnia and Herzegovina and
continued satisfactory cooperation from Croatia, and
attributed the Tolimir and Djordjevic arrests to this
increased regional cooperation. Del Ponte emphasized that
the areas where the Tribunal has had difficulties should not
overshadow its efficiency and progress over the past few
years. She concluded by urging the SC to support the ICTY so
that it can successfully carry out its mandate.



5. (U) ICTR Prosecutor Hassan Jallow focused on the referral
of cases to national jurisdictions. He noted that only three
new cases (not five, as had previously been thought) needed
to be transferred. Three have been referred to the
Netherlands under Rule 11 bis, and their trials have begun.
He emphasized that Rwanda is considered a main possible
location for future referrals. Jallow then addressed the
need to apprehend the remaining fugitives, soon and with the
help of Member States, in order to complete their trials
under the normal processes of the ICTR. He stressed that he
believed that fugitive Felicien Kabuga is in Nairobi, and
asked the SC to pressure Kenya in order to apprehend him.
Jallow also reported that he believed that other fugitives
are living in the Democratic Republic of Congo. Echoing
Byron, he commented on the staff turnover problem and
Rwanda,s improved cooperation with the Tribunal.


6. (U) All 15 SC members made statements. All addressed the
ICTY/ICTR completion strategies, although views were mixed:
Russia and China declared that completion dates were strict
deadlines rather than guidelines, and Russia added that the
Tribunals, mandates should not be indefinitely extended even
in the case of unapprehended fugitives. Belgium countered
that the completion dates are merely estimates, and that
considerations of justice outweigh the importance of
faithfulness to the completion strategy. The remaining
twelve states stressed the importance of balancing
considerations of justice and efficiency, and all suggested a
stronger focus on residual mechanisms to successfully deal
with the challenges posed by the completion strategy
timeline. Most speakers addressed the need to apprehend
fugitives, and the importance of state cooperation in doing
so. Russia did so only in denying a role in concealing
Vlastimir Djordjevic,s whereabouts prior to his June 17
capture.


7. (U) Several member states highlighted the importance of
transferring cases to national jurisdictions. Both the UK
and France underscored the link between Serbia,s cooperation
and its European integration. The US, Qatar, South Africa,
and Belgium urged the SC and the Tribunals to begin
discussion about ICTY/ICTR legacy functions. Several
delegations mentioned that ICTY/ICTR residual issues should
also include the Special Court for Sierra Leone. Lastly,
Panama noted the possibility that the International Criminal
Court could play a role in the residual functions of ICTR and
ICTY.


8. (U) Milos Prica, the Permanent Representative of Bosnia
and Herzegovina to the UN, assured the SC that Bosnia and
Herzegovina would continue to cooperate with the ICTY. He
also stressed that domestic authorities are developing
tactics to prevent people from aiding fugitive escapees, and
that no intelligence has indicated the whereabouts of any
fugitives within their borders. Finally, he noted Bosnia and
Herzegovina,s ability and willingness to domestically
prosecute ICTY referral cases.


9. (U) Martin Ngoga, the Prosecutor-General of Rwanda, framed
all of his comments in terms of the importance of Rwandan
participation and control of the trials. He urged the SC to
avoid looking at the completion strategy as an exit strategy,
and to ensure that the fugitives are brought to justice
either through the tribunal or within national jurisdictions.
He also stressed the Rwandan government,s commitment to
hearing cases referred from the tribunal, and its preference
to have these cases tried where the crimes were committed.
To that end, he asked that the SC consider adopting a
resolution requiring states to comply with the Rwandan
national government in prosecuting cases. Ngoga recognized
and thanked the U.S. for its contribution to the Rwandan
capacity-building efforts, and requested that other states
contribute as well. Lastly, he expressed Rwanda,s desire
that people convicted in the Tribunal serve their sentences
in Rwanda, and that legacy efforts focus on Rwanda (for
instance, that Court documents and materials be transferred
to Rwanda).


10. (U) Pavle Jevremovic, Permanent Representative of the
Republic of Serbia to the UN, focused on the impetus for
Serbian cooperation with the ICTY and the steps that the
Serbian government has taken to facilitate this cooperation.
He outlined Serbia's reasons for cooperation, which include
international obligations and respect for international war
crimes standards, acceptance of European values, a commitment
to European integration, and advancement of the process of
reconciliation in the former Yugoslavia. As evidence of this
cooperation, Jevremovic pointed to Serbian efforts to find,
arrest, and transfer indictees, release government officials
from the legal obligation to keep official secrets, the


efficient processing and release of documents, the
establishment of a National Security Council to apprehend
indictees, the establishment of a War Crimes Council to
domestically prosecute war crimes, and the harmonization of
domestic legislation with ICTY standards.


11. (U) Nebojsa Kaludjerovic, Permanent Representative of the
Republic of Montenegro, spoke mainly of Montenegro,s role in
apprehending Djordjevic, and also emphasized Montenegro,s
past and present willingness to cooperate with the Tribunal.


12. (U) Pocar, Byron, Del Ponte, and Jallow gave final
remarks and responded to questions that had been posed by
Member States. Pocar stressed that the timeline that had
been set seven years ago did not take into account current
facts, that full transparency regarding completion was
necessary, and that the ICTY will try to step up its process
to ensure completion by 2010. He responded to Qatar,s
question on whether the SC should take some punitive action
against non-cooperative states by arguing that the SC is
currently sending a strong message to these states. Pocar
declined to answer Qatar,s question on the impact of the
SC,s plan on Kosovo given that the cases were currently
being tried. Byron reiterated that though there were
challenges facing the Tribunal, the UN and various states
have been working to address these challenges in a manner
consistent with the rules of humanitarian international law.
Del Ponte responded to the Russian statement denying
protection of Djordjevic by saying that the fact that he was
found in Montenegro does not exclude the possibility that he
had previously been in Russia. Jallow emphasized the
importance of transferring cases to many national
jurisdictions, including but not limited to Rwanda (for
example, to France).


13. (U) U.S. STATEMENT ON THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA AND THE INTERNATIONAL CRIMINAL
TRIBUNAL FOR RWANDA, GIVEN BY AMBASSADOR JACKIE W. SANDERS

"Mr. President, I would first like to address the
International Criminal Tribunal for Rwanda. We welcome
Prosecutor Hassan Jallow, Registrar Adama Dieng, and
especially the newly elected President Dennis Byron, and
thank them for their continued contributions to the Tribunal.
We also wish to thank the hundreds of other staff who, on a
daily basis, dedicate their energy and skills to the lasting
success and legacy of this Tribunal.

The United States remains strongly committed to the
International Criminal Tribunal for Rwanda and commend its
efforts to provide justice and accountability to the Rwandan
people. They are, after all, the intended beneficiaries of
this court and must remain its primary focus.

Responsibility for the success of the Tribunal lies in the
hands of many parties. The President, Prosecutor, and
Registrar must continue to work toward their Completion
Strategy deadlines while also planning for the Tribunal,s
legacy after its 2010 closure. We applaud the Tribunal,s
success in meeting many of its previous trial projections.
We also encourage a continued, candid dialogue among all
parties on challenges facing the Tribunal and recognize our
partnership in this process, particularly on residual and
legacy issues.

The success of the Tribunal also rests on the shoulders of
the Security Council and all UN Member States. The
Completion Strategy will involve transferring some cases to
domestic jurisdictions and The Netherlands has already
accepted one. The Prosecutor has also just filed his first
transfer case to Rwanda,s domestic jurisdiction. Provided
the ICTR finds Rwanda,s judiciary meets the fair trial
requirements of Rule 11bis, the United States fully supports
Rwanda,s bid to receive all remaining transfer cases. Our
government has met repeatedly with the Rwandan Government,
Member States, and Rwandan civil society to encourage and
support judicial capacity building efforts and we ask all
donors to continue their important contributions to this end.
The Security Council, in the Tribunal,s founding resolution
- Resolution 955 - stressed the &need for international
cooperation to strengthen the courts and judicial system of
Rwanda.8 This goal is perhaps more paramount today than at
any time in these past 13 years.

We also call on all Member States, particularly the
Democratic Republic of the Congo and Kenya, to fulfill their
international obligations to apprehend and transfer all ICTR
fugitives within their borders. Reports continue to surface
that top fugitive and alleged genocide financier, Felicien
Kabuga, remains in Kenya. We support Kenya,s previous


efforts to apprehend Kabuga but note that seriously robust
and concrete steps are now needed as the Tribunal begins to
wind down and international pressure mounts to complete its
mandate. Nevertheless, all fugitives must know that they do
not escape justice by merely outlasting the Tribunal. We
will make provisions for their capture and prosecution
whether today, tomorrow, or years from now.

We again thank the President, Prosecutor, and Registrar for
their service to the Tribunal, to justice and accountability,
and to the Rwandan people. We also express our highest
praise and gratitude to former ICTR President Erik Mose for
his exemplary stewardship and dogged commitment to the
Tribunal,s success during these past four years. His
imprint will continually be felt as a part of the Tribunal,s
own lasting legacy.

Mr. President, the United States remains a strong supporter
- financial and political -- of the UN International
Criminal Tribunal for the former Yugoslavia and appreciates
the hard work of the President, Prosecutor and Registrar.

The focus of the Tribunal and the international community
should now be on the road ahead. We must work together to
ensure that, over its final years, the Tribunal successfully
fulfills its mandate, namely to bring to justice the persons
who are most responsible for war crimes committed in the
former Yugoslavia. Specifically, this will involve
apprehending the remaining fugitives, expeditiously
completing the work at hand, and planning for eventual
closure.

We call on all states to fulfill their legal obligations to
cooperate fully with the ICTY, including by arresting and
transferring the remaining fugitive indictees. In this
regard, the United States welcomes the recent apprehensions
of Zdravko Tolimir and Vlastimir Djordjevic and the close
cooperation between the Serbian, Montenegrin, and Republika
Srpska authorities that facilitated these arrests.

The United States calls on Serbia to take further steps to
fulfill its obligations, in particular through the
apprehension and transfer to the Tribunal of all fugitive who
may be on Serbian territory, including Ratko Mladic and
Radovan Karadzic. Mladic and Karadzic have been charged with
terrible crimes, including the Srebrenica genocide, and it is
unthinkable that they would escape international justice. The
United States therefore calls upon the Tribunal, its partners
in the international community, and States in the region to
take all necessary steps to ensure that they are apprehended
before the Tribunal closes. In the event they are not
apprehended before that time, we call on the international
community to take appropriate measures to ensure that they
face international justice.

The United States appreciates the work of the President and
Prosecutor to increase Tribunal efficiency and meet the
Tribunal,s Completion Strategy targets as endorsed by the
Security Council. In particular, we welcome the
unprecedented step of running seven trials simultaneously;
appreciate the positive example set by the Trial Chambers in
the Milutinovic et al. and Prlic et al. cases in scheduling
hearings during the upcoming recess period, and recognize the
many, less visible efforts that the Tribunal staff make on a
daily basis to increase efficiency. In this light, and in
the context of the recent arrests of Tolimir and Djordjevic,
the United States notes that all trials should conclude by
the end of 2008, or as soon thereafter as is feasible. We
also call on the Tribunal to take all possible steps to
complete appeals by the end of 2010, and ask that it report
to the Security Council further measures it feels are
necessary to meet this goal.

The success of the Completion Strategy does not depend solely
on the Tribunal, however. The international community can
help by supporting the Tribunal,s efforts to help build
capacity for domestic trials. We note the significant work
being done in the region in this regard, and urge other
states to contribute to domestic war crimes prosecutions
either through direct financial assistance or in-kind
contributions.

On this occasion, as Prosecutor Carla Del Ponte delivers her
final report to the Council, the United States would like to
express its appreciation for her service at the ICTY. She
deserves to be commended for her role, over the past eight
years, as a forceful champion of international justice and
accountability.

The United States notes with appreciation the recent joint


paper on Legacy and Residual Functions of the ad hoc
Tribunals, and asks that the Tribunals continue to plan their
legacy functions, in close coordination with the Security
Council."
WOLFF