The commander of the JNA Guard Brigade during the 1991 attack on the eastern Croatian town of Vukovar, General Mile Mrksic, the commander of a Guard Brigade battalion, Miroslav Radic, and the brigade's security officer, Major Veselin Sljivancanin, are charged with eight counts of crime against humanity, the violation of laws and customs of war and the execution of more than 200 Croatian prisoners of war at the Ovcara farm near Vukovar on 20 November 1991. The victims were taken from the Vukovar Hospital after the fall of the town.
The three officers are at the ICTY detention centre in Scheveningen.
Del Ponte suggested that the trial be referred to Croatian courts because the crimes that the three men are charged with were committed in Croatia.
She also said that Croatian authorities had provided assurances that the country's judiciary was ready and able to take over the trial and conduct it in line with the highest standards.
Del Ponte said the other possibility was to refer the case to the judiciary in Serbia and Montenegro where the three men were arrested or where they surrendered.
She added that the judiciary in Serbia and Montenegro was willing and that it was prepared to take over the case.
After it considers arguments submitted by the prosecution, defence counsel, and the governments of Croatia and Serbia and Montenegro, a special ICTY panel of judges will make a decision on Del Ponte's request.