ZAGREB, Oct 23 (Hina) - The president of the International Criminal Tribunal for the former Yugoslavia (ICTY), Judge Claude Jorda, has reported Yugoslavia to the UN Security Council for "the continued non-cooperation" with the ICTY,
the Hague-based tribunal said in a press release Wednesday.
ZAGREB, Oct 23 (Hina) - The president of the International Criminal
Tribunal for the former Yugoslavia (ICTY), Judge Claude Jorda, has
reported Yugoslavia to the UN Security Council for "the continued
non-cooperation" with the ICTY, the Hague-based tribunal said in a
press release Wednesday. #L#
In a letter sent to the UN Security Council at the request of the
tribunal's chief prosecutor, Carla Del Ponte, Jorda said
Yugoslavia had seriously violated its international obligations in
two areas.
"Firstly, it failed to arrest or transfer the accused in its
territory, and secondly, it adopted a law on cooperation with the
International tribunal on April 11, 2002, which violates its
commitments towards our institution," Jorda said in the letter.
He recalled that 11 accused, including Ratko Mladic, Miroslav
Radic, Veselin Sljivancanin and Milan Milutinovic, had still not
been arrested or transferred to the Hague tribunal.
He stressed that indictments and arrest warrants for the accused
had been served to Yugoslav authorities several times.
"As yet, we have still not seen any significant reaction on their
part," Jorda said.
"I therefore conclude that a more than reasonable period of time has
passed without the State concerned having reported on the action
taken in response to the indictments, arrest warrants and transfer
orders issued by the International Tribunal ... I must therefore
bring this matter before you," Jorda said in his letter to the
Security Council.
Jorda pointed out that the law on cooperation with the ICTY, which
Yugoslavia adopted in April, was in contrast to its international
obligations, since it set forth that any individual charges by the
ICTY subsequent to the entry into force of the said law, would be
tried by Yugoslav courts.
"This is a flagrant violation of Article 9(2) of the Statute which
guarantees the primacy of the International Tribunal over the
national courts," Jorda said in the letter.
Jorda recalled that on October 21, Del Ponte travelled to
Yugoslavia where she met with Yugoslav Foreign Minister Goran
Svilanovic and Serbian Prime Minister Zoran Djindjic, in an attempt
to resolve disputes surrounding the two issues.
"This final action was to no avail," Jorda said.
"For all these reasons, the Prosecutor and I request that you take
all the measures necessary in order to force the Federal Republic of
Yugoslavia to assume fully its international obligations," Jorda
concludes in the letter.
(hina) lml