US embassy cable - 04ZAGREB425

UNCLAS ZAGREB 000425 
 
SIPDIS 
 
 
SENSITIVE 
 
DEPARTMENT FOR EUR/SCE 
THE HAGUE FOR JOHNSON AND KAYE 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, KAWC, HR, War Crimes 
SUBJECT: CROATIA'S NEW ICTY PIFWCS DEPART VOLUNTARILY FOR 
THE HAGUE 
 
REF: ZAGREB 380 
 
INFORMATION IS SENSITIVE, BUT UNCLASSIFIED. PLEASE TREAT 
ACCORDINGLY. 

SUMMARY 
------- 
 
1.  (SBU) ON MARCH 11, AS EXPECTED, RETIRED CROATIAN GENERALS 
MLADEN MARKAC AND IVAN CERMAK DEPARTED VOLUNTARILY FOR THE 
HAGUE TO FACE WAR CRIMES INDICTMENTS.  PRESS REPORTS INDICATE 
THAT MARKAC AND CERMAK WERE TAKEN INTO CUSTODY UPON ARRIVAL 
IN AMSTERDAM.  ICTY ISSUED A STATEMENT WELCOMING CROATIA'S 
COOPERATION ON THIS CASE.  POLITICAL REACTION IN ZAGREB HAS 
BEEN PREDICTABLE AND RELATIVELY MINIMAL.  PM SANADER AND 
OTHER GOC OFFICIALS OBJECT TO THE INDICTMENT'S 
CHARACTERIZATION OF CROATIA'S WAR OF INDEPENDENCE AS A 
"CRIMINAL ENTERPRISE" BUT NOTE THAT THE PLACE TO VOICE THESE 
OBJECTIONS IS BEFORE THE COURT.  MOST POLITICAL FIGURES 
SUPPORTED THE TRANSFER OF THE TWO INDICTEES.  EXTREME 
RIGHT-WING POLITICIANS, HOWEVER, CALLED THE HDZ GOVERNMENT'S 
ACQUIESCENCE "HIGH TREASON."  END SUMMARY. 
 
2.  (SBU) ACCORDING TO THE PRESS, THE CROWD THAT GATHERED AT 
ZAGREB'S AIRPORT ON THE MORNING OF MARCH 11 TO BID FAREWELL 
TO CROATIA'S LATEST ICTY INDICTEES WAS SMALL, WELL-BEHAVED 
AND MELANCHOLY, RATHER THAN ANGRY.  RETIRED CROATIAN GENERALS 
MLADEN MARKAC AND IVAN CERMAK DEPARTED VOLUNTARILY FOR 
AMSTERDAM ON A REGULARLY-SCHEDULED FLIGHT.  THE PRESS REPORTS 
THAT THEY WERE TAKEN INTO ICTY CUSTODY SHORTLY AFTER ARRIVAL. 
 
3.  (SBU) THERE WAS NEVER ANY REAL DOUBT AS TO WHETHER THE 
TWO WOULD SURRENDER (REF).  THE FACT THAT THEY WERE THE NEXT 
LIKELY INDICTEES HAS BEEN AN OPEN SECRET IN THE CROATIAN 
PRESS FOR MONTHS.  IN ALL OF HIS PUBLIC STATEMENTS, PM 
    SANADER HAS CONSISTENTLY INSISTED THAT HIS GOVERNMENT WOULD 
COOPERATE FULLY WITH ICTY.  SOME OPPOSITION LEADERS CALLED 
FOR A DEBATE ABOUT THE INDICTMENT IN THE PARLIAMENT, BUT THIS 
CALL WAS REJECTED BY THE GOVERNMENT.  FORMER PM RACAN TOOK A 
CHEAP POLITICAL SHOT AT SANADER BY CALLING FOR "ALL HDZ 
MEMBERS TO SUPPORT THE GOVERNMENT'S DECISION."  SANADER SHOT 
BACK BY CALLING ON ALL MEMBERS OF CROATIA'S SOCIAL DEMOCRATIC 
PARTY TO RE-ELECT RACAN AS PARTY PRESIDENT AND THEREBY ASSURE 
THE HDZ OF ANOTHER TERM IN OFFICE. 
 
4.  (SBU) SANADER OBJECTED TO LANGUAGE IN THE INDICTMENT 
WHICH BROADLY DESCRIBES THE ACTIONS BY CROATIAN FORCES IN 
"OPERATION STORM" AS A "JOINT CRIMINAL ENTERPRISE" AND NAMES 
FORMER PRESIDENT FRANJO TUDJMAN AS AN ACCOMPLICE.  AMONG 
OTHER OBJECTIONS, SANADER BRISTLED AT LANGUAGE THROUGHOUT THE 
INDICTMENT WHICH STATES THAT THE GOAL OF CROATIAN FORCES' 
ACTION WAS THE DEPORTATION AND FORCED DISPLACEMENT OF ETHNIC 
SERBS FROM THE KRAJINA REGION.  BUT TO HIS CREDIT, SANADER 
INSISTED THAT THE ONLY APPROPRIATE PLACE TO VOICE THESE 
OBJECTIONS IS BEFORE THE COURT.  FEW CROATIAN POLITICIANS ARE 
DISCUSSING THE INDICTMENT'S DAMNING DESCRIPTIONS OF MURDERS, 
PLUNDER AND WANTON DESTRUCTION IN THE KRAJINA REGION 
FOLLOWING "OPERATION STORM." 
 
5.  (SBU) THE MOST OUTRAGEOUS OBJECTIONS TO THE GOC DECISION 
TO TRANSFER MARKAC AND CERMAK CAME FROM IVIC PASALIC AND 
MIRKO CONDIC.  (NOTE: IVIC PASALIC CHALLENGED SANADER FOR THE 
PRESIDENCY OF THE HDZ PARTY IN 2002 AND NARROWLY LOST; HE 
THEN FORMED THE "CROATIAN BLOC" PARTY, WHICH WON NOT A SINGLE 
SEAT IN RECENT PARLIAMENTARY ELECTIONS.  CONDIC HEADS A 
HIGHLY POLITICIZED CROATIAN VETERANS ORGANIZATION.)  PASALIC 
    AND CONDIC ACCUSED SANADER OF "HIGH TREASON." 
 
6.  (SBU) INITIAL PUBLIC REACTIONS TO THE GOC'S DEMONSTRATION 
OF COMMITMENT TO COOPERATION WITH ICTY ARE POSITIVE.  ICTY 
SPOKESWOMAN FLORENCE HARTMANN TOLD THE PRESS THAT THE COURT 
WELCOMES THE "ENCOURAGING STEP" AND THAT "PROGRESS HAD BEEN 
MADE."  SHE ALSO SAID THAT SHE "EXPECTS CROATIA TO PROCEED 
WITH ALL OTEHR REQUESTS MADE BY THE TRIBUNAL," A CLEAR 
REFERENCE TO