Statement
by
H.E. Ms. Mirjana Mladineo
Permanent Representative of the Republic of Croatia to the United Nations
Security Council
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
New York, 15 December 2005
Allow me, Mr. President, to thank Judge Fausto Pocar, President of the International Criminal Tribunal for the former Yugoslavia (ICTY), and Chief Prosecutor Carla del Ponte for their assessments pursuant to Security Council resolution 1534 (2004), of the work of the Tribunal. I also take this opportunity to congratulate Judge Pocar on his recent assumption of that important post.
In so far as Croatia is concerned, the written report of the ICTY (S/2005/781, annex I) before the Council has been superseded by subsequent events. As is well known, Croatia has worked with the Tribunal in implementing its action plan for the resolution of the sole outstanding matter, namely, the case of Ante Gotovina. The Tribunal has continuously been kept updated on all activities related to the implementation of the action plan. The Chief Prosecutor of the Tribunal confirmed the credibility of the Croatian Government in her report to the European Union task force dated 3 October 2005.
The rule of law is a fundamental tenet of modern governance. Croatia has demonstrated that it will not accept exceptions to the rule of law. Impunity does not serve justice. Every indictee must face his indictment and appear before the Tribunal to answer the charges brought against him. At the same time, those coming before the ICTY do so with the presumption of innocence. Respect for the rule of law must be mirrored by justice being done in accordance with the principle of due process.
Croatia has a vested interest in having the truth established and a strong interest in the Tribunal’s successful implementation of its mandate. The homeland war was a defensive, just and legitimate war. Croatia was the victim of aggression and had the right to self-defence and the liberation of its occupied territories pursuant to Article 51 of the United Nations Charter. The individualization of guilt, where it is found to exist, can only serve to strengthen the legitimacy of the homeland war.
Croatia has worked closely with the Tribunal. It has responded in due time and comprehensively to the Tribunal’s requests for documents and witnesses. Cooperation between legal and judicial institutions in Croatia and the Tribunal has been good. In order to foster cross-border cooperation in war-crime trials, earlier this year Croatia signed an agreement with Bosnia and Herzegovina and with Serbia and Montenegro on cooperation in war-crimes proceedings and in combating organized crime.
The Security Council has been discussing the Tribunal’s completion strategy since August 2003. Part of that strategy is the work that it is undertaking with the national courts of the countries concerned. Work has been done to increase the capacity of judges and lawyers in Croatia in preparation for the transfer of cases for prosecution under national jurisdiction. One such case, involving two accused, has recently been referred to the Croatian jurisdiction. Those efforts will further strengthen the capacity of our legal system.
We note that the Tribunal’s completion strategy involves a three-step process encompassing the completion of investigations, trials and appeals according to the time lines established by the Security Council in resolution 1503 (2003). The first of the benchmarks, namely, the completion of investigations, was met at the end of 2004. We trust that the recent events have brought the conclusion of the Tribunal’s work more closely into view.
Press releases
