In the last few days, Croatia’s Deputy Foreign Minister Ivan Šimonović negotiated intensively with the representatives of the US Administration about the request for non-extradition of US soldiers to the International Criminal Court (ICC). When asked whether there is a chance of reaching a compromise and whether the US are willing to make an exception in this case, Šimonović replied: A: Croatia has not yet made a formal statement and I do not wish to speculate about the government’s decision. I warned the other side about the problems Croatia might face if it signs that agreement. These problems are of the international legal nature stemming from Croatia’s status as an ICC party. Also, there is the EU Council of Ministers’ decision that discourages the signing of such agreements. The Council has stated the conditions under which such agreements may be signed, but these conditions do not coincide with what the US wants us to sign. But the biggest problem of all are the obligations Croatia has assumed as a part of its co-operation with the Hague tribunal. These obligations are much more extensive and demanding than those stemming from Croatia’s status as an ICC party. Therefore, it is very difficult for Croatia to fulfil its obligations towards the Hague tribunal on the one hand and at the same time sign agreements about non-extradition to the ICC on the other.
Q: US Ambassador for War Crimes Issues Pierre-Richard Prosper said that these two are completely separate issues that have nothing to do with each other. What is your comment on that? A: It is true that these are separate issues. Co-operation with the Hague tribunal is even more demanding than that with the ICC. Of course, there is also the issue of the differences between the US and Croatia. The US’s role in solving crises around the world and its specific part in global relations makes its concern for the safety of its troops quite legitimate. On the other hand, Croatia is a small country that just got out of war. It is understandable, therefore, that there is a certain reluctance in people’s minds to co-operate unconditionally with another, even more demanding international tribunal and at the same time, for fear of potential abuse, ask for non-extradition of all US citizens.
Q: Croatia has lately had some problems in articulating its position towards the US that began with the Iraqi crisis. Do you think that this, along with this current problem, might a chill the relations between the US and Croatia? A: I do not think it will. Croatia needs good relations with the US, and I think that the US too, by signing the Adriatic Charter, has shown that it cares about Croatia and wishes to see it as a NATO member. It would be tragic for Croatia, and some other countries as well, if the division lines that occurred as a result of the Iraqi crisis deepened because of this dispute about signing the non-extradition agreement. This is why I hope there is still some room for compromise and that the US military aid will not be discontinued.
Q: How does the fact that Bosnia and Herzegovina signed the non-extradition agreement affect those countries that wish to be exempt from signing that agreement? A: The US legal act allows for certain exceptions regarding the NATO member countries. On the other hand, in countries with a strong US presence like Bosnia and Macedonia the signing of the non-extradition agreement is in the best interest of all. Croatia is in a specific situation because of its co-operation with the Hague tribunal and its application for the EU membership. It is an extremely difficult situation and I hope that the long-term interest of both Croatia and the US will prove more important that this. I believe that Croatia is more important to the US as a strategic partner in the region than the minimal influence it might have in regards to Iraq, or the minimal influence it might have in regards to signing the non-extradition agreement. I think it is in the best interest of both countries that this problem be overcome.
“Before we enter the negotiations with the UN, we must solve the refugees issue.”
Q: The presidents of Croatia, Bosnia and Herzegovina, Serbia, and Montenegro have recently launched an initiative for a quick and efficient solution of the refugees issue. A: We expect the three presidents to make a declaration on that in Salzburg. Soon to follow will be a meeting at the government level between the three partners that will discuss the practical government-level modalities. We have asked for this meeting to be held in Zagreb in early June.
Q: Will this initiative help solve the issue of the return of the refugees and their property, which is one of the main prerequisites for entering the EU? A: The question is whether Croatia can become an EU candidate at all. In any case, the negotiations with the EU cannot start before the refugees issue is solved, and this is a chance for Croatia to solve it through its own initiative, through its own framework. If not, Croatia will have to choose either the EU or somebody else that will, along with a framework, impose a deadline as well. I think that we underestimate the potential for getting the international support and aid in solving the refugees issue if the three countries step out as one. There have been many efforts so far from the international community to solve this issue, and this could considerably speed up the whole process.
“If there was another way for Croatia to achieve what it wants, it would not insist on the suit.”
Q: You were actively involved in filing the suit against Yugoslavia to the International Court of Justice. What is the situation now? Is Croatia willing to give us the suit? A: I am soon to go to the Hague for the meeting of the representatives on setting the date for the oral discussion about Serbia and Montenegro’s objection to the Court’s competence. The governments of these two countries are yet to articulate their positions, but I have always thought that Croatia should insist on the content, not the form. If there was another way for it to achieve what it wants, Croatia would not insist on the suit. The key issue is the position Serbia and Montenegro will take on the war and whether they will accept responsibility for it or not. Apart from that, it is important to reach an agreement on constituting the body that would deal with the reparation of damage, in this case regarding the genocide against Croatian people.