US embassy cable - 04THEHAGUE3133

C O N F I D E N T I A L THE HAGUE 003133 
 
SIPDIS 
 
E.O. 12958: DECL: 11/30/2014 
TAGS: KAWC, PREL, PGOV, NL, TU, HR, ICTY, EUN 
SUBJECT: NETHERLANDS/CROATIA: EU ATTITUDE TOWARDS ICTY 
CONDITIONALITY ON CROATIA 
 
REF: SECSTATE 254097 
 
Classified By: Political Counselor Andrew Schofer for reasons 1.4 (b) a 
nd (d) 
 
1.  (C)  SUMMARY:  There is "no daylight" between the USG and 
Dutch national position on Croatia and its obligation to 
cooperate with the ICTY,  Alle Dorhout (MFA European 
Integration Department Croatia officer) confirmed to Poloff 
and Legaloff when discussing reftel points November 30.  The 
Dutch, however, face an almost evenly divided Council on 
whether to go hard or easy on Croatia during the December 17 
European Council summit.  The UK reportedly leads the strict 
group while Germany leads those pushing for leniency. 
Internal Dutch Presidency papers report that Commissioner 
Rehn assured the Croats during his November 25 visit in 
Zagreb that their accession would be no problem as long as 
they hand over Gotovina, he hoped before December 17; the 
Dutch assess the chances of this are small, however. 
Finally, the issue of offering Croatia a date for negotiating 
EC accession may become linked to a larger package connected 
to Romania and Bulgaria (septel).  End Summary. 
 
2.  (C)  Dutch working papers shared confidentially with 
Poloff (strictly protect) reveal that the UK, Poland, Sweden, 
Denmark, Slovenia, Finland, Lithuania, Belgium and Portugal 
(plus the Czech Republic showing tendencies this way) are 
"against giving a date to Croatia if nothing is done on the 
condition of "complete cooperation" with the ICTY."  Germany 
plus France, Italy, Spain, Austria, Latvia, and Estonia (plus 
Slovakia showing tendencies this way) want to "execute the 
Council conclusions from June," meaning giving Croatia a date 
to open talks without condition. 
 
3.  (SBU)  The Dutch need to find a December 17 bargain that 
can satisfy both camps.  The draft text (shared with Poloff 
and emailed, along with the entire draft Council conclusions 
to EUR and USEU) reads: 
 
"-- The European Council noted with satisfaction the progress 
made by Croatia in preparation for the opening of accession 
negotiations. 
 
-- Recalling its conclusions of June 2004, it urged Croatia 
to take the necessary steps for full cooperation with the 
ICTY and reiterated that the remaining indictee must be 
located and transferred to the Hague as soon as possible. 
 
-- It invited the Commission to present to the Council a 
proposal for a framework for negotiations with Croatia, 
taking full account of the experience of the fifth 
enlargement.  It requested the Council to agree on that 
framework with a view to opening the accession negotiations 
on (DATE) provided that full cooperation with ICTY has been 
confirmed by the Council." 
 
4.  (C)  Dorhout drew attention to the open question on the 
duty of the Council to "confirm" Croatia's full ICTY 
cooperation before a date could be set.  He said the 
negotiations between now and December 17 would necessarily 
concentrate on what evidence the Council could demand to 
confirm it and what role the ICTY would have in the process. 
Poloff suggested that the EU's commitment to "effective 
multilateralism" should require Croatia's cooperation with 
the ICTY and might be a point to use with the German camp, a 
point Dorhout agreed could be a useful approach.  In the 
internal Dutch presidency report seen by Poloff reporting 
Commission Rehn's visit in Zagreb November 25, he is reported 
to have assessed as "small" the chances of Croatia's 
following through before December 17. 
 
5.  (C)  Finally, Dorhout cautioned that some in the Ministry 
were anticipating that Germany and France would negotiate for 
a date on Croatia by linking it to Turkey.  Only half joking, 
Dorhout recalled that Turkey always wants to be treated the 
same as Croatia;  they might get their wish if the two dates 
become linked.  Poloff emphasized the USG hope that the two 
issues remain strictly separated at the Council. 
RUSSEL