US embassy cable - 04ZAGREB488

C O N F I D E N T I A L  ZAGREB 000488 
 
SIPDIS 
 
 
THE HAGUE FOR JOHNSON AND KAYE 
DEPARTMENT FOR S/WCI AND EUR 
 
E.O. 12958: DECL: 03/22/2014 
TAGS: KAWC, PREL, PGOV, BK, HR, War Crimes 
SUBJECT: ICTY INDICTMENTS OF BOSNIAN CROATS 
 
REF: A. ZAGREB 456 
 
     B. ZAGREB 425 
 
Classified By: DCM Patrick S. Moon for reason 1.5 (b,d) 
 
Summary 
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1.  (C) Foreign Minister Zuzul told the Ambassador on March 
22 that the GoC would do everything it could to ensure 
Croatian citizens indicted by ICTY for crimes in Bosnia were 
transferred to The Hague, but could not guarantee that the 
process would go as smoothly as in the cases of Cermak and 
Markac.  Zuzul said that the "most logical and efficient" way 
for the GoC to receive the indictments would be for the 
Government of BiH to present a formal request to the GoC for 
assistance in execution.  Zuzul said that the GoC is still 
considering its options to raise more forcefully its 
objections to the text of the recent indictments against 
Cermak and Markac (ref b).  End Summary. 
 
2.  (C) On March 22, the Ambassador met with Croatian Foreign 
Minister Miomir Zuzul to discuss aspects of an upcoming trip 
to the U.S.  The Ambassador used the opportunity to remind 
Zuzul that the international community expects Croatia to 
continue to cooperate fully with the ICTY in the case of 
indictments against a number of Bosnian Croats.  Croatia's 
track record of cooperation with the Tribunal was greatly 
improved by the GoC's management of indictments against Ivan 
Cermak and Mladen Markac, both of whom surrendered to ICTY 
custody on March 11. 
 
3.  (C) Zuzul reiterated the Sanader government's commitment 
to full cooperation with ICTY, but pointed out that not all 
aspects of the indictments against the Bosnian Croats are 
under GoC control, as they were with Cermak and Markac.  In 
the latter case, GoC was able to "manage the process" of the 
indictments to exclude any outcome other than the prompt 
transfer of the PIFWCS to The Hague.  Zuzul said that since 
several of those expected to be named in new indictments of 
Bosnian Croats are Croatian citizens and reside in Croatia, 
the GoC is ready to cooperate, but the process may not be as 
smooth. 
 
Croatia Seeks "Formal Requests" from GoBiH 
------------------------------------------ 
 
4.  (C) Zuzul said that the method by which the GoC is asked 
to help secure indictees' transfer is important.  After all, 
Zuzul explained, if our shared goal is to support the 
development of BiH as a sovereign state, we should follow the 
appropriate form.  Croatia seeks formal requests from the 
government in Sarajevo for assistance in delivering the 
indictments and transferring indictees. 
 
Objecting to Language Doesn't Mean "Not Cooperating" 
--------------------------------------------- ------- 
 
5.  (C) Zuzul said that the GoC was still considering how 
best to voice its objections to the language in the Cermak 
and Markac indictments.  The GoC had concluded that its 
status as "amici curiae" might not be strong enough.  The 
Cermak and Markac indictments had crossed the line from being 
an indictment of individuals to an accusation against 
Croatia; Croatia should have the right to defend itself 
separately from the individuals.  Zuzul said that one 
U.S.-based adviser told him that the Prosecutor's 
inappropriate characterization of Croatia's war might end up 
helping the indictees.  (Note: the text of the indictments 
used the term "joint criminal enterprise" to describe parts 
of Croatia's war of independence and named former President 
Tudjman as an accomplice.  End Note.)  Zuzul said that PM 
Sanader is doing his best to keep political grandstanding 
about the indictments to a minimum.  So far, the GoC has 
avoided an open debate in the Sabor, but it may not be long 
before this issue is given a more public airing. 
 
6.  (C) Zuzul said that PM Sanader had sent the President of 
the Court a letter (with a copy to Chief Prosecutor del 
Ponte) voicing GoC objections to the text of the indictment. 
Zuzul was quick to point out that this line of action must 
not be seen as a deviation from the GoC's resolve to continue 
full cooperation with the Tribunal, but rather as a separate 
track.  Other moves on this track include a meeting between 
Justice Minister Vesna Skare Ozbolt and, eventually, a 
 
meeting for FM Zuzul with the President of the Court.  When 
the latter meeting is scheduled, Zuzul concluded, Croatia 
will make a more formal representation to the USG. 
 
Comment 
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7.  (C) Zuzul clearly knows that the Sanader government's 
cooperation with ICTY is under an international microscope, 
and we expect Croatia will act in a way that will not 
negatively affect Croatia's aspirations for integration into 
Euro-Atlantic institutions.  While Zuzul's preference for a 
formal request for assistance from the GoBiH likely stems 
more from his Government's desire for a small measure of 
political cover rather than its desire to respect the state 
institutions of BiH, he has a point. 
FRANK 
 
 
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