EU POINTS FINGERS IN LIFTING KARADZIC TRAVEL BAN,

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 001230

NOFORN
SIPDIS

E.O. 12958: DECL: 08/06/2018
TAGS: PREL ETTC KAWC ICTY EUN BK
SUBJECT: EU POINTS FINGERS IN LIFTING KARADZIC TRAVEL BAN,
PRESIDENCY RAISES OHR EFFORTS ON CLOSURE

REF: STATE 82492

Classified By: Political-Minister Counselor Chris Davis for reasons 1.4
(b) and (d).


1. (C/NF) Summary: EU Council Bosnia official Sabina Stadler
blamed the French Presidency for moving quickly to start the
process to lift the travel restrictions on the Karadzic
family (reftel),while French Presidency Balkans working
group chair Alix Everard speculated that the effort
originated with High Representative and EU Special
Representative for Bosnia Miroslav Lajcak, possibly as a
result of pressure from the Republika Srpska. Everard
emphasized that the practice of relaxing the travel bans on
families of captured war criminals was not unusual, but added
that the speed with which the Presidency was forced to
address the issue was a result of Lajcak's quick return of
the family's travel documents. She also shared expectations
that Lajack would use upcoming Bosnia-related meetings to
make the case for a common EU position for closure of the
Office of the High Representative (OHR),despite the
Presidency's reluctance to address the issue before the next
Peace Implementation Council (PIC) meeting. End Summary.


2. (C) EU Council Secretariat Bosnia officer Sabina Stadler
(protect) said, in response to reftel points, that the
Council was also taken by surprise by what she described as a
French Presidency initiative to lift EU travel restrictions
on the Karadzic family. Although arguing that the "Council
was not consulted properly" and that the move came
surprisingly quickly after the Karadzic arrest, Stadler
admitted that it was unlikely that the decision would be
reversed when it is taken up by the Committee on External
Relations (RELEX) in September. She noted that the EU has
not started the process to lift other measures in place
against Karadzic associates, and urged us to direct concerns
about advance consultation to the French Presidency as they
will continue to set the discussion agenda on these matters.
Stadler added that the discussion on lifting the travel ban
is taking place in the broader context of determining how
best to engage Serbia and move forward with the accession
process.


3. (C/NF) In a separate conversation, the French chair of
the EU's Western Balkans Working Group (COWEB),Alix Everard
(protect),said that lifting the restrictions on the Karadzic
family was not out of the ordinary; EU past practice has been
to lift the travel bans on the families of war criminals
after they arrive in the Hague. Moreover, none of the 27
member states objected to the move when it was discussed in
COWEB in July. She emphasized that the Presidency had no
plans to relax restrictions on any additional PIFWIC
associates that remained on the list. Everard added that the
Council Secretariat had been pushing for the lift to be done
by silence procedure in August, but the Presidency pushed
back to have RELEX take up the matter in September. She
agreed with Stadler's assessment that the decision was
unlikely to be reversed as it moved through the committee
process, but did say that the Presidency may be able
procedurally to lengthen the process, but this would only
create a delay of a few weeks.


4. (C/NF) Everard shared her impression that the effort to
lift the restrictions came from High Representative Lajcak
who felt under pressure from the Republika Srpska. As soon
as Lajcak returned the travel documents to the family, the
EU's room for maneuver was limited, said Everard.
Maintaining the ban while the OHR had already provided the
passports would be an empty gesture. Everard was surprised
that the U.S. had not been consulted by OHR, given Lajcak's
emphasis to EU interlocutors on the need for quick action.


5. (C/NF) Noting that High Rep Lajcak's campaign to close
OHR was intensifying, Everard inquired about U.S. views on
the timing of the closure. She explained that the Presidency
was under pressure from Lajcak to raise the issue in the EU
and get a common position in favor of closure. Everard
expects that the High Rep will take advantage of a Political
and Security Committee (PSC) visit to Sarajevo in September
and his briefing to member states during the EU's discussion
of the future of the Althea military mission in October to
make his case to the 27. Because the EU is leaning toward
not renewing the mandate for Althea, Lajcak may try to use
that decision to justify OHR closure, with or without
conditions being met.


6. (C/NF) Everard argued that while the EU should discuss
the issue, her view was that OHR closure was not a decision
for the EU to take collectively, and any formal debate would
only be damaging and highlight divisions among the member
states. She emphasized that, if pushed, the Presidency would
prefer that the discussion happen after the PIC meeting in
November in order to take account of conclusions reached
there, but she was pessimistic, saying Lajcak would only
force the issue.

SILVERBERG