COOPERATION WITH THE ICTY
The Government of the Republic of Croatia, in its session in November 1991,
was among the first to propose the establishment of an international court
for the prosecution of war crimes. A year and a half later, the UN Security
Council passed a Resolution establishing 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 (ICTY).
The Government of the Republic of Croatia proposed and Parliament subsequently
passed the Constitutional Act on the Cooperation Between the Republic of
Croatia and the ICTY in 1996. The Republic of Croatia has defined its cooperation
with the ICTY through constitutional provisions in order to prevent possible
obstacles at the legislative level as well as a constitutional prohibition
of extradition of Croatia's own citizens.
The Government of the Republic of Croatia established a Council on Cooperation
with the ICTY, members of which are prominent government officials
and legal experts.
The Government of the Republic of Croatia published a White Book documenting
all forms of its cooperation with the ICTY.
The Government of the Republic of Croatia provided its good services in
negotiating a surrender to the custody of the ICTY of a number of Croats
from Bosnia and Herzegovina indicted for war crimes. That effort resulted
in the custody of the ICTY of all but one Croat from Bosnia and Herzegovina
for whom public indictements have been issued.
In three cases, when the indicted Croats from Bosnia and Herzegovina were
resident in Croatia and did not surrender voluntarily, Croatian authorities
extradited them to the custody of the ICTY. The most recent, the extradition
of Mladen Naletilić Tuta, has been praised as a clear sign of Croatia's
cooperation with the ICTY.
On a number of occasions the Government of the Republic of Croatia has
expressed its regret that only four people have been indicted so far for
atrocities against civilian life and property commited during the Serbian
agression against the Republic of Croatia. None of them is in the custody
of the ICTY.
The Government and the people of Croatia hope that the ICTY will investigate
and indicte persons responsible for grave breaches of the Geneva Conventions
perpetrated during the months of wanton destruction, shelling, and killing
of civilians in Osijek, Vinkovci, Dalj, Dubrovnik, Šibenik, Zadar, and
many other towns and villages in Croatia.
On April 5, 2000, Carla del Ponte, Chief Prosecutor of the ICTY, visited
Zagreb and discussed cooperation with President Mesić, Prime Minister
Račan and Minister of Justice Ivanišević. In a statement to the press,
both sides described the talks as above expectations. The Republic of Croatia
will continue cooperating with the ICTY, and will also do everything in
its power to prosecute the allegations of war crimes through its national
judicial system, thus further strengthening the rule of law and the capacity
of legal institutions .