SECURITY COUNCIL STARTS CONSULTATIONS WITH ICTY CHIEF PROSECUTOR

NEW YORK, Nov 10 (Hina) - The U.N. Security Council on Wednesday morning started formal consultations with the Chief Prosecutor of the Hague-based International Criminal Tribunal for the former Yugoslavia (ICTY), Carla del Ponte. Under the chairmanship of the Slovene Ambassador to the UN, Danilo Turk, representatives of 15 Security Council member-countries will hear and discuss a report by the ICTY Chief Prosecutor regarding the work of the ICTY Prosecutor's Office. During a visit to Zagreb last Thursday, del Ponte announced that she would report Croatia to the Security Council for its non- cooperation in the investigation of crimes committed during operations "Flash" and "Storm", which liberated the largest part of Croatia's occupied territory. The Croatian authorities must recognise our clear jurisdiction over all investigations into the armed conflict in Croatia including "Flash" and "Storm" operations, del Ponte said. She reiterated the investigation did not question the legality and legitimacy of the two operations. Some progress was made recently in the Croatia-ICTY dispute regarding the establishment of ICTY's jurisdiction in the pre- trial procedure, which is not regulated by the Tribunal's Statute and Rules of Procedure. In a speech before the UN General Assembly on Monday, ICTY President Gabrielle Kirk McDonald said that changes to those regulations should enable a special ICTY trial chamber to hear arguments and determine whether there is a kind of jurisdiction which allows an investigative or some other procedure. ICTY's stand so far has been that the Tribunal's jurisdiction can be contested only during a trial and not before its start. According to the current regulations, the trial chamber in The Hague cannot change a Prosecutor's decision to conduct an investigation either. (hina) jn rml