THE HAGUE, Aug 25 (Hina) - President of the International Criminal Tribunal for the former Yugoslavia (ICTY) Gabrielle Kirk McDonald on Wednesday filed a report to the UN Security Council, at the request of the ICTY chief prosecutor
Louise Arbour, about Croatia's refusal to cooperate in an investigation about the Flash and Storm military operations and for the failure to extradite Mladen Naletilic Tuta, the ICTY said in a statement issued Wednesday. The letter followed Arbour's request for the establishment of Croatia's breach of commitments in cooperating with the ICTY, and should be reported to the Security Council. Beside the letter to the UN Security Council, McDonald also wrote Arbour concerning her findings regarding her request. Arbour's first request concerned Croatia's refusal to accept the jurisdiction of the ICTY surrounding alleged crimes committed during the Flash and Storm operations, and a continual
THE HAGUE, Aug 25 (Hina) - President of the International Criminal
Tribunal for the former Yugoslavia (ICTY) Gabrielle Kirk McDonald
on Wednesday filed a report to the UN Security Council, at the
request of the ICTY chief prosecutor Louise Arbour, about Croatia's
refusal to cooperate in an investigation about the Flash and Storm
military operations and for the failure to extradite Mladen
Naletilic Tuta, the ICTY said in a statement issued Wednesday.
The letter followed Arbour's request for the establishment of
Croatia's breach of commitments in cooperating with the ICTY, and
should be reported to the Security Council.
Beside the letter to the UN Security Council, McDonald also wrote
Arbour concerning her findings regarding her request.
Arbour's first request concerned Croatia's refusal to accept the
jurisdiction of the ICTY surrounding alleged crimes committed
during the Flash and Storm operations, and a continual refusal to
submit documents pertaining to the operations.
McDonald replied that, while it was not for the President, but for a
Trial Chamber to arbiter a dispute on the Tribunal's jurisdiction,
she considered that "the Statute (of the Tribunal) and Rules of
Procedure and Evidence clearly do not permit a State to thwart the
conduct of an investigation by simply asserting that the Tribunal
has no jurisdiction", the statement said.
McDonald, thus, found that Croatia was in breach of its obligations
to cooperate with the Tribunal in its investigations and
prosecutions.
Arbour's second request also related to the failure of Croatia to
transfer Mladen Naletilic Tuta.
Considering the fact that Tuta was currently in Croatian prison,
and that he has not been surrendered to The Hague, McDonald
concluded Croatia was in breach of its obligations.
Arbour also forwarded a third request, relating to Croatia's
refusal to respond to 13 outstanding requests for assistance of
various kinds.
However, the President declined "to make a finding that the
republic of Croatia is in non-compliance with its obligation to
provide evidence and information for the Tribunal".
Instead, she invited Arbour to first seek a binding order from a
judge.
McDonald has decided to report Croatia to the UN Security Council
for established refusal to cooperate in the Flash, Storm and
Naletilic Tuta cases.
"I respectfully urge you to provide the support necessary to enable
the International Tribunal to discharge its mandate. To this end, I
respectfully request the Security Council to take measures that are
sufficiently compelling to bring the Republic of Croatia into
compliance with its obligations under international law," McDonald
said in the letter which was also forwarded to Croatian Justice
Minister Zvonimir Separovic.
(hina) lml