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### Viewing cable 04THEHAGUE2793, ICTY - TRIBUNAL OFFICIALS HIGHLIGHT CONCERNS ABOUT

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
04THEHAGUE2793 | 2004-11-01 17:05 | 2011-01-17 19:07 | CONFIDENTIAL | Embassy The Hague

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    C O N F I D E N T I A L SECTION 01 OF 03 THE HAGUE 002793

    SIPDIS

    DEPARTMENT FOR S/WCI - PROSPER/RICHARD, EUR - STEPHENS,
    EUR/SCE - GAUDIOSI/GREGORIAN/MITCHELL, L/EUR - LAHNE, L/AF
    - GTAFT. INR/WCAD - SEIDENSTRICKER/MORIN; USUN FOR
    ROSTOW/WI...

    SOBEL
    ",
    22285,11/1/2004 17:55,04THEHAGUE2793,"Embassy The Hague",CONFIDENTIAL,,"This record is a partial extract of the original cable. The full text of the original cable is not available.

    ","C O N F I D E N T I A L SECTION 01 OF 03 THE HAGUE 002793

    SIPDIS

    DEPARTMENT FOR S/WCI - PROSPER/RICHARD, EUR - STEPHENS,
    EUR/SCE - GAUDIOSI/GREGORIAN/MITCHELL, L/EUR - LAHNE, L/AF
    - GTAFT. INR/WCAD - SEIDENSTRICKER/MORIN; USUN FOR
    ROSTOW/WILLSON

    E.O. 12958: DECL: FIVE YEARS AFTER ICTY CLOSURE
    TAGS: BK HR KAWC NL PHUM PREL SR ICTY
    SUBJECT: ICTY - TRIBUNAL OFFICIALS HIGHLIGHT CONCERNS ABOUT
    SERB NONCOOPERATION AND BUDGET FREEZE IN MEETINGS WITH
    S/WCI AMBASSADOR PROSPER AND EUR STEPHENS

    Classified By: Clifton M. Johnson, Legal Counselor, Reason 1.5(b)-(d).

    ¶1. (C) Summary. In a series of meetings on September 28 at
    the International Criminal Tribunal for the former Yugoslavia
    (ICTY), President Meron, Chief Prosecutor Del Ponte, and
    Registrar Holthuis struck consistent themes with
    Ambassador-at-Large for War Crimes Issues Pierre Prosper and
    EUR DAS for Southeast Europe Kathy Stephens.  All ICTY
    officials lamented the continued lack of cooperation with
    Serbia and Montenegro on fugitives and welcomed the USG,s
    renewed tough message to Belgrade.  ICTY officials were
    similarly receptive to efforts by the USG to coordinate a
    similar policy line with the Europeans, linking the EU
    accession process with progress on cooperation.  While
    describing efforts to facilitate the transfer of cases to the
    region, ICTY officials underscored their deep concern about
    the continuing hiring freeze imposed on the Tribunal by the
    UN and noted its significant negative impact on the ICTY,s
    ability to meet completion strategy goals.  End summary.
    -------------------
    The Prosecution
    -------------------
    ¶2. (C)  Ambassador Prosper joined by EUR DAS Stephens,
    EUR/SCE officer Jennifer Mitchell and Embassy legal officers,
    opened their visit by meeting with Chief Prosecutor Carla Del
    Ponte and her senior staff.  Prosper and Stephens expressed
    deep concern with the lack of cooperation by Belgrade and
    stressed the need to reevaluate current policy in the region
    in order to increase pressure and incentives on Belgrade to
    cooperate with the ICTY.  Del Ponte welcomed this objective
    but expressed concern that earlier USG remarks about the
    possibility of transferring the four generals to Serbia for
    trial were premature, being used as a pretext by Belgrade to
    cease all efforts to bring about the transfer of fugitives
    below the Mladic level,  and, more generally, encouraging
    Serb officials and fugitives to try to wait out the ICTY,s
    completion.  Prosper explained that Belgrade had been given
    an opportunity to produce results and that the policy of
    showing an openness to support transfers back to the region
    for domestic trail ""hasn,t worked to date.""  What is needed,
    he said, is a stronger message to ""make clear in the region
    that noncooperation will result in extending the life of the
    Tribunal.""  Del Ponte and her staff supported the idea of a
    firmer message but advised that the USG should avoid stating
    specific requirements of cooperation because SAM would
    respond by only meeting those requirements, and then only to
    draw out the process of cooperation on those few things.
    Senior political adviser Jean-Daniel Ruch urged that the
    message should be, ""you know what to do, start doing it.""

    ¶3. (C) Ruch said that he would urge his contacts in Brussels,
    on the staff of Javier Solana and Chris Patten, to reinforce
    the tough message on Belgrade,s cooperation.  He pointed out
    that in June 2004, the EU had stated that as long as Mladic,
    Karadzic, and Gotovina remained at large, the Tribunal should
    not close its doors.  Del Ponte welcomed Stephens,s focus on
    coordinating a tough message with the EU as ""extremely
    important"" and said she supported a unified message of the
    sort announced by the EU ministers and endorsed by Ambassador
    Prosper.  Note.  On October 4, Del Ponte met with Solana and
    urged him to deliver a stiff message to SAM on the need to
    cooperate fully in order for their to be progress on EU
    accession issues.  End note.

    ¶4. (C) Speaking to OTP,s overall frustration with Serb
    noncooperation, Del Ponte reported that, according to a
    conversation she had with the chairman of the National
    Council for Cooperation with the ICTY, Rasim Ljajic,
    ""Kostunica believes the United States only wants Mladic and
    that is the reason they are not arresting the others.""  Chief
    of Investigations Patrick Lopez-Terres cited RS police
    sources who complain that the Belgrade police are not helping
    them. But he also expressed concern about the ""complete radio
    silence"" with respect to search operations conducted by Serb
    authorities and the lack of feedback with respect to fugitive
    information passed by the ICTY.  Increasingly, he said, his
    office cannot track Belgrade,s work on fugitives.
    ------------
    The Court
    ------------
    ¶5. (SBU) President Theodor Meron, joined by chief of staff
    Larry Johnson, focused on the ICTY,s budget crisis, which he
    called a ""real plague"" on the Tribunal. Meron noted that the
    main result of the crisis is the hiring freeze.  It has
    affected all of the Tribunal,s main activities, from
    judicial decisionmaking (although the Chambers received
    permission to fill nine vital clerkship positions, new
    vacancies have since arisen) to OTP investigations and
    prosecutions (OTP is hemorrhaging senior investigators and
    prosecutors to places like the Oil For Food investigation and
    the International Criminal Court and is unable to fill the
    vacancies) to transitioning cases to the region (OTP cannot
    staff a new transition team to facilitate the transfer of
    cases to the region until it can fill vacancies).  Meron
    urged the USG to provide its assessed contribution as soon as
    possible in order to convince U/SYG Bertini to lift the
    freeze.  Meron was pleased to learn that the United States
    expected to make a 13 million USD contribution by early
    October and that another 10 million USD would follow this
    autumn.  (Note.  Post understands that both Russia and Japan,
    the other major contributors in arrears have now paid all or
    most of their outstanding balances.  The US paid $14.3
    million in October and expects to pay the remaining balance
    of $8.8 million shortly.  End note.)

    ¶6. (C) Meron expressed concern that the BiH State
    Prosecutor's  Special Department for Organized Crime and
    Corruption has complicated the process of creating the war
    crimes chamber in Sarajevo by issuing a war crimes indictment
    before the chamber has been established, thereby sending
    mixed signals regarding the readiness of BiH to adjudicate
    domestic war crimes cases .  Prosper and Meron agreed that
    cooperation from local governments is a critical dimension in
    the success of the 11bis trials referred to the local courts.
     Meron said that the Tribunal must be ""very careful"" about
    the transfer of detainees who might be considered
    senior-level, not only because of the Security Council
    expectation that such persons would be tried in The Hague but
    also because of the signals that could send to senior-level
    fugitives.  Meron also expressed a willingness to work with
    the USG in particular on urging Belgrade to develop domestic
    capacity to prosecute war crimes, noting that he had good
    relations with the local SAM Ambassador and other SAM
    officials.
    ---------------
    The Registry
    ----------------
    ¶7. (SBU) Registrar Hans Holthuis echoed Meron in focusing on
    the hiring freeze, which has forced the Tribunal to maintain
    a fifteen (15) percent staff vacancy rate, well above the
    normal 3 to 4 percent rate. This includes positions lost to
    normal attrition that remain unfilled.  Prosper indicated
    that he would follow-up with USUN and the UN leadership in an
    effort to lift the hiring freeze, at least to fill vacancies
    due to normal attrition.

    ¶8. (SBU) Holthuis described various initiatives under way to
    enhance Tribunal efficiency and further progress towards
    completion.  He said that the Registry is examining ways in
    which to schedule more than the present six trials in its
    three courtrooms, noting that it might be possible to
    schedule contempt hearings and other short proceedings during
    gaps in the major trials.  Holthuis also reviewed outreach
    and training efforts underway in Croatia, SAM, and BiH to
    help build up local trial capacity.

    ¶9. (C) Comment:  The budget crisis is severely testing the
    OTP,s capacity to carry out its remaining pre-indictment
    investigations and the Tribunal,s capacity overall to
    continue with its six-trial maximum schedule.  A quick
    lifting of the hiring freeze is essential not only to permit
    the Tribunal to complete its work on time but also for it
    advance the transfer of cases involving mid and lower level
    perpetrators back to the region for trial.   All ICTY leaders
    are focused on the capacity of jurisdictions in the region to
    prosecute war crimes cases at a level that meets
    international standards.  OTP and Chambers are particularly
    focused on the capacity of the Sarajevo war crimes chamber to
    handle 11bis cases as early as this January, since this
    constitutes by far the largest category of cases eligible to
    be transferred. OTP has also begun testing Belgrade,s
    capacity to conduct effective and fair war crimes trials by
    providing the special war crimes court there with complete
    investigative files in two cases.  If these cases go well,
    the Tribunal is prepared to add others in the pipeline.  ICTY
    and USG officials shared the sense that cooperation with
    Belgrade is at a crossroads.  The promising start of domestic
    war crimes trials points a clear way towards the future, but
    that opportunity as well as progress towards European
    integration will be squandered if political levels fail to
    produce the long overdue results with respect to fugitives.
    End comment.

    10 (U) This cable has been cleared by S/WCI Prosper and EUR
    Stephens.

`