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DEL PONTE TO REPORT CRO TO SECURITY COUNCIL FOR NON-COOPERATION

ZAGREB, Nov 4 (Hina) - The chief prosecutor of The Hague Tribunal, Carla del Ponte, said in Zagreb on Thursday she would report Croatia to the United Nations Security Council next week due to non-cooperation in investigations of crimes committed during the "Flash" and "Storm" military operations.
ZAGREB, Nov 4 (Hina) - The chief prosecutor of The Hague Tribunal, Carla del Ponte, said in Zagreb on Thursday she would report Croatia to the United Nations Security Council next week due to non- cooperation in investigations of crimes committed during the "Flash" and "Storm" military operations.#L# Del Ponte told reporters that as long as Croatia failed to comply in this key issue, she would have no choice but to report its non- cooperation at a meeting with UN Security Council on Wednesday. Zagreb and meetings with Croatian officials were the last stop on del Ponte's first visit to the region, which included Skopje, Pristina, and Sarajevo. The chief prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY) said she was very disappointed with Croatia's insistence on refusing full cooperation with the Tribunal in connection with some of her investigations. Del Ponte said Croatia must acknowledge ICTY's clear jurisdiction over all investigations pertaining to the Croatian conflict, including "Flash" and "Storm", through which Croatia in 1995 liberated parts of its territory occupied by the Serb aggressor since 1991. The chief prosecutor reiterated her investigation did not question the lawfulness and legitimacy of the two military operations, but that it was directed to the crimes then committed. Asked about Croatia's dispute with the ICTY regarding the Tribunal's jurisdiction over the two operations, del Ponte said her position was that jurisdiction could be contended only during and not before trial. ICTY deputy chief prosecutor Graham Blewitt explained that nothing in the Statute or rules of The Hague Tribunal envisaged the possibility of resolving a dispute over jurisdiction in the pre- hearing stage. Blewitt said only the prosecutor could alone decide whether or not to launch an investigation. He added that not even the trial chamber in The Hague could alter the prosecutor's decision to conduct an investigation. Del Ponte told the press her priority remained the completion of investigations of crimes committed in Croatia in 1991 and 1992. She said she was sure the investigations of the 1991 crimes would be completed and result in more indictments besides the existing four against persons accused of crimes committed in Vukovar in 1991. As regards a recommendation by the ICTY Secretariat that at present Croatian war crimes suspect Mladen Naletilic Tuta could not be transferred to The Hague due to poor health, del Ponte said it seemed Tuta would be able to travel to The Hague in three weeks. She wished him the best. Asked if she would pursue with the practice of silent indictments, the chief prosecutor said the method would be applied as long as it brought results. The countries to whose citizens these indictments refer are informed beforehand about the indictments, in order to state whether they consider it easier in view of arrests to work with silent indictments. (hina) ha

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