NEW YORK, Sept 1 (Hina) - Problems encountered in Croatia's cooperation with The Hague Tribunal are mostly of legal and procedural nature and "easy to overcome given just a little more goodwill and understanding", Croatian Foreign
Minister Mate Granic said in a letter which was handed on Wednesday to the President of the U.N. Security Council, Peter van Walsum.
NEW YORK, Sept 1 (Hina) - Problems encountered in Croatia's
cooperation with The Hague Tribunal are mostly of legal and
procedural nature and "easy to overcome given just a little more
goodwill and understanding", Croatian Foreign Minister Mate Granic
said in a letter which was handed on Wednesday to the President of
the U.N. Security Council, Peter van Walsum. #L#
Croatia has to date successfully cooperated with the ICTY and
intends to do so in the future. That is why it is surprised that ICTY
President Gabrielle Kirk McDonald has not taken into account the
various and numerous examples of its good cooperation, Granic says
in the letter.
According to the letter, submitted by Croatia's Permanent
Representative at the United Nations in New York, Ivan Simonovic,
the examples of Croatia's cooperation include "the most sensitive
ones such as its assistance in the voluntary surrender of indicted
persons and their extradition".
"Occasional criticism of some aspects of the ICTY's work was not
intended to disrupt the Tribunal's operation", Granic said.
A dispute between Croatia and the ICTY, which happened on a previous
occasion, regarding the subpoena to States and individuals acting
on behalf of a State showed that Croatia respected the Tribunal and
the international law. On that occasion Croatia successfully
raised legal arguments concerning the ICTY procedure.
Regarding the existing ICTY's objection on the extradition of
Mladen Naletilic Tuta, Granic explains there has been a wish for the
criminal proceedings against Naletilic which had started in
Croatia to be completed there. However, "in accordance with the
Constitutional Act on the Cooperation with the ICTY and the ICTY
Rules of Procedure, Croatia is ready... to approve the transfer of
Mladen Naletilic Tuta to The Hague", Granic said, adding the
proceedings against Naletilic continued before the Zagreb County
Court on September 1.
The dispute about the Tribunal's jurisdiction over the police-
military operations 'Flash' and 'Storm' is partially the result of
Croatia's sensitivity to any linkage of those operations to
criminal acts because Croatia's previously occupied areas were
liberated by those operations.
"However, Croatia concedes that on the sidelines of such an
entirely legitimate operation some irresponsible individuals may
have committed criminal acts", Granic says, reminding that some of
the perpetrators have already been sanctioned.
Speaking about Croatia's objection that the ICTY request for some
documents related to the Flash and Storm operations goes beyond the
Tribunal's jurisdiction, Granic suggests that this important legal
issue be decided about by the ICTY Chamber. The previous procedure
on the subpoena question may serve as a model "and Croatia will
honour the ICTY's decisions, as it did before".
Granic concludes his letter by saying that Croatia will also
respect a possible advisory opinion of the International Court of
Justice, should the Security Council seek such an opinion regarding
this matter.
It is also announced in the letter that a White Book on Croatia's
cooperation with the ICTY will be made known and that a letter on
ways to overcome the current dispute will be sent to ICTY President
Gabrielle Kirk McDonald.
(hina) rml