GOVT. TO ENTER LEGAL, NOT POLITICAL DISPUTE WITH HAGUE TRIBUNAL

ZAGREB, Sept 24 (Hina) - The Croatian government will enter a legal and not a political dispute with the Hague-based UN war crimes tribunal in which it will try to contest the definition of the Medak Pocket operation as presented in an indictment against Gen. Janko Bobetko, a senior government official said on Tuesday. #L# The government will prove that the Medak Pocket operation was not aimed at ethnic cleansing, but that it was a legitimate, anti- terrorist operation which lasted less than 12 hours, the official stated. The operation followed after rebel Serbs had fired more than 2,200 shells on Gospic, killing 15 and wounding 61 people, the official recalled. By protecting the character of the operation, the government is confident it will protect the 83-year-old Bobetko as well, who was the third highest ranked military official at the time, 1993. The government says it does not want a political conflict with the Hague tribunal, and believes the international community will not contest Croatia's right to protect its interests through legal means. In view of averting political confrontation, the government will not change the constitutional law on cooperation with the UN tribunal, as some Opposition parties (HDZ, HSLS) have suggested, maintaining the changes would be interpreted as a political dimension which would lead to Croatia's isolation. The government will be measured in its steps. In order to win confirmation for its position that in some parts the Bobetko indictment clashes with the Constitution, the government will request parliament to state which body is formally competent to determine that the Bobetko indictment is counter-constitutional. The government sticks to its earlier estimate that this body will be the Constitutional Court. Moreover, the government maintains the dispute with the Hague tribunal may last very long, particularly given the fact that international law is not completely clear as to the definition of the level of commanding responsibility. The government believes Croatia cannot be exposed to sanctions over the legal dispute with the UN tribunal as the international community shows consideration for what is legal and not political confrontation. Interpreting responsibility in the Medak Pocket operation as commanding might lead to the accusation of the then government, and even parliament, if they knew that crimes were committed but did not react. As long as the government is in legal dispute over the Bobetko indictment, his lawyers will be busy, the government official said. (hina) ha sb