Statement
by
H. E. Vladimir Drobnjak
Ambassador
Permanent Representative of the Republic of Croatia to the United Nations
Security Council
Report of the International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991
9 October 2003
I would like to start by reemphasizing Croatia´s full commitment to close and unconstrained cooperation with the ICTY. We recognize the far reaching importance of the Tribunal´s work and its significance for long lasting post-war stability in South East Europe. As an early advocate of the Tribunal and its goals, Croatia continues to maintain a close and constant dialogue with the Office of the Prosecutor and the Tribunal. We commend the accomplishments of the Tribunal, but at the same time we reserve the right to state that - when it comes to the ICTY efficiency and practice - sometimes, there remains room for improvement.
Perception is often the only political reality that matters, regardless of objective facts and arguments. It is therefore of the essence not to allow perception to prevail as the guiding framework for the evaluation of the cooperation of the countries concerned with the ICTY and all the problems that might arise from it. Keeping in mind the high political importance and sensitivity of this issue, we have to insist that any assessment regarding the cooperation with the ICTY - regardless of the country involved and the political circumstances surrounding it - has to be based on proven facts that go beyond reasonable doubt.
One certain fact is that Croatia has achieved full compliance with respect to the transfer of documents to the ICTY. This has been recognized and confirmed by the Prosecutor during her recent visit to Zagreb. It is with contentment that we can state that there are no outstanding issues between Croatia and the ICTY but one. With the exception of the so called "Gotovina Case", Croatia has fulfilled all its obligations towards the Tribunal.
The fact is that in the "Gotovina Case", the indicted person still remains at large. The Croatian Government keeps the OTP regularly updated on the activities it has been undertaking in order to discover the indictee´s whereabouts and to ensure his presence before the Tribunal. Consistent with the Rules of Procedure and Evidence of the Court, on 6 October the Croatian Government submitted its Third Report pursuant to rule 59, describing the actions undertaken on the matter.
Notwithstanding the importance of resolution 1503 for the timely closure of the ICTY operations and successful completion of its work, we feel disappointed with some connotations stemming from its second operative paragraph, or any consequent attempt to put, in equal context, the name of the retired Croatian General Ante Gotovina with those of Radovan Karadzic and Ratko Mladic. The Tribunal certainly remains the place where the innocence or guilt of any and every indicted person has to be determined. And although technically it might be in conformity with law - all three of them are indicted by the Tribunal - putting their names in a single sentence hardly represents an act of historical justice.
I am authorized to state that the Croatian Government remains determined to take, within its own borders, all measures required for prosecuting perpetrators of war crimes, insomuch as they are within the reach of its judicial system. In addition, the Croatian Government calls upon all States to share any information that might facilitate the successful completion of this case. But Croatia cannot act outside its sovereign territory; arrests in the ICTY cases are the shared responsibility of the international community. In connection to that a case of Radovan Karadzic particularly comes to mind.
Resolution 1503 endorsed a plausible exit strategy for the Tribunal and Croatia joins others in support for the envisaged time-table for the completion of the ICTY work. Respecting the benchmarks - starting with the completion of all investigations by the end of 2004 and coming up, transparently, with a final number of new indictments by that date - is not only a question of the effective administration of justice, but also not a small contribution to the streamlining of the confidence building and stabilization processes in the region towards new challenges and perspectives. A final advancement along this road will be marked by the day when ICTY indictees disappear from the front pages of the local media and are replaced by those who are at the forefront of rapid economic development and full integration into the EU.
Strengthening national legal systems, which figures prominently in resolution 1503, also contributes significantly to the Tribunal´s completion strategy. The Croatian judiciary has independently initiated a number of proceedings against the perpetrators of war crimes in Croatia. We are ready to continue to cooperate closely with the ICTY in conducting such trials. Under existing Croatian legislation, ICTY representatives are entitled to follow the proceedings and have access to court files, while evidentiary material obtained by the ICTY can be used directly in domestic trials. A readiness for a broader, transparent, international monitoring of war crimes trials has been indicated. We are pleased that the Report notes these positive trends in cooperation between the OTP and the Office of the State Attorney of Croatia in regard to prosecutions before national courts.
Finally, while emphasizing once again Croatia´s determination to continue its cooperation with the ICTY, I would like to make an observation that goes beyond the legalistic framework and the strict letter of the law. For the countries in the region, the accurate historical and political record established through the Tribunal´s jurisprudence is no less important than the legal one and the very punishment of perpetrators. In the part of the world under the ICTY jurisdiction, "law" and "justice" - "pravo" and "pravednost" - are two similar but not entirely equal words. What is in strict accordance with the law is not necessarily always just. The Tribunal has to administer the law and make all those guilty pay for their crimes. But the Tribunal´s final record for history must above all be just, so all those who suffered so much - people and countries alike - can find in it eternal solace and not a grain for new controversies or discontent. We are confident that, in the very end, both law and justice will be served well.
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