SERBIA REACTS TO FIRST KOSOVO WAR CRIMES VERDICTS

UNCLAS SECTION 01 OF 02 BELGRADE 000165

DEPT FOR EUR/SCE (P. PETERSON)

SENSITIVE
SIPDIS

E.O.12958: N/A
TAGS: PGOV PREL KWAC ASEC SR
SUBJECT: SERBIA REACTS TO FIRST KOSOVO WAR CRIMES VERDICTS

Summary
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1. (SBU) Reactions in Serbia were swift and strong to the February
26 convictions by the International Criminal Tribunal for the Former
Yugoslavia (ICTY) of five former Yugloslav or Serbian officials for
crimes against humanity in Kosovo in 1999. While human rights NGOs
were happy with the five guilty verdicts, the government and other
politicians criticized the ICTY for overly harsh sentences and
demonstrating double standards toward Serbian defendants. The only
public protest to date was very small, met with a strong police
presence, and occurred without incident. The first ICTY guilty
verdicts for crimes in Kosovo are significant and can help build a
case for the legitimacy of Kosovo's declaration of independence.
End Summary.

Kosovo War Crimes Verdicts Make Headlines
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2. (U) The Serbian press on February 27 was dominated by reports
that the International Criminal Tribunal for the Former Yugoslavia
(ICTY) had on February 26 acquitted former Serbian President Milan
Milutinovic of all charges of war crimes in the war in Kosovo while
convicting and sentencing his five co-defendants. Former Yugoslav
Deputy Prime Minister Nikola Sainovic, former Yugoslav Army General
Nebojsa Pavkovic, and former Interior Ministry Kosovo Department
Police General Sreten Lukic were convicted on all five charges in
the indictment and received 22 years in prison each. Army Generals
Dragoljub Ojdanic and Vladimir Lazarevic were convicted of assisting
and supporting deportations and forced relocations of the Albanian
civilian population from Kosovo but were acquitted of charges of
murder, expulsion, and violation of the laws and customs of war, and
sentenced to 15 years in prison each. Press headlines focused on
the nearly "century long sentence" the five received.

Human Rights Organizations Pleased
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3. (SBU) Serbian human rights NGOs told us they were satisfied with
the outcome of the trial. Lawyers' Committee for Human Rights
(YUCOM) President Biljana Kovacevic-Vuco and Helsinki Committee
Chair Sonja Biserko both underscored to us the symbolic importance
of the fact that the ICTY had returned the first verdicts for crimes
committed in Kosovo. While each thought the sentences could have
been higher, the fact of the verdict was more important than the
length of the sentences. Neither was surprised at the Milutinovic
acquittal, as he had not been a real decision-maker at the
Federation level.


4. (SBU) Both Biserko and Kovacevic-Vuco cautioned that there would
be a general negative reaction to the sentences for the five
co-defendants but that the case ran counter to the usual anti-Hague
rhetoric. Biserko said the verdicts undermined the anti-Hague
lobby's efforts to portray ICTY as both incapable of completing
trials and also prone to convicting every high-ranking Serbian
leader on trial.

Serbian Officials Criticize Rulings
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5. (U) Serbian politicians' public reactions to the sentences were
negative. Prime Minister Mirko Cvetkovic (Democratic Party) told
Parliament the sentences were "inappropriately severe," especially
considering that former Kosovo Liberation Army commander Ramush
Haradinaj had been acquitted. Socialist Party of Serbia (SPS) Vice
President Branko Ruzic called the sentences "draconian." Serbian
Radical Party deputy Dragan Todorovic noted that ICTY has sentenced
Serbs to about 920 years total.


6. (U) Other politicians alleged the trial was political. SPS head
and Deputy Prime Minister Ivica Dacic said the verdicts were aimed
at proving that Serbia as a state, rather than a few individuals,
had committed crimes against ethnic Albanians. Democratic Party of
Serbia spokesperson Andrej Mladenovic said the goal of the verdicts
was to justify the 1999 NATO bombing of Serbia.

Public Reaction So Far Muted
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7. (SBU) The only public protest was weakly attended. Soon after
the verdicts were reported, ultra-nationalist groups 1389, Nasi
(Ours),and the People's Movement of Serbia announced they would
hold a protest at ICTY Belgrade's offices February 26. "The
objective of the protest is to point to The Hague Tribunal's role in
justifying criminal NATO aggression toward the Former Yugoslavia in
1999," according to the announcement. ICTY Belgrade Head of Office

BELGRADE 00000165 002 OF 002


Deyan Mihov told us the authorities had handled the protest well and
there had been no more than 100 protestors gathered. Police told us
they had 250 officers to counter about 50 protestors, with no
incidents. The organizers themselves estimated attendance had been
only 20-25 people.


8. (U) Despite the poor showing for the protest, the average
citizen's reaction is still unknown. National Council for
Cooperation with The Hague Tribunal head Rasim Ljajic told press it
was inevitable that the verdicts would be compared to the acquittal
of Ramush Haradinaj and would strengthen the public's impression
that ICTY applied double standards. Reporters speculated that
Milutinovic's acquittal would be a surprise for the public.

Comment
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9. (SBU) The first guilty verdicts at the ICTY for crimes committed
during the war in Kosovo are significant in confirming the
atrocities Serbs committed against Kosovo Albanians. By documenting
the role of the Serbian government in persecuting its citizens in
Kosovo, this case could be useful in the International Court of
Justice (ICJ) consideration of the legality of Kosovo's independence
declaration. Rhetoric from Serbian politicians, including the
ruling Democratic Party, is still on the "Serbs as victims" track.
If we are to counter this rhetoric, we need to reiterate publicly
and more widely our reasons for supporting Kosovo's declaration and
enlighten Serbian citizens on what happened in Kosovo in the late
1990s. To that end, public statements of USG views of the ICJ case
directed toward the Serbian public would be constructive. End
Comment.

MUNTER