Yugoslav Daily Survey, 97-03-27

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From: Yugoslavia <http://www.yugoslavia.com>

Yugoslav Daily Survey

CONTENTS

[01] JUSTIFIED FEARS THAT HAGUE TRIBUNAL HAS POLITICAL CHARACTER

[02] TALKS KNEZEVIC - BISCEVIC

[03] MILUTINOVIC: TALKS WITH NIELS HELVEG PETERSEN HAD BEEN "OPEN AND CONSTRUCTIVE"

[01] JUSTIFIED FEARS THAT HAGUE TRIBUNAL HAS POLITICAL CHARACTER

The Tribunal, set up to try those suspected of war crimes in the territory of the former Yugoslavia, began hearing testimonies of Celebici inmates on March 10 in the trail of Mucuc Pavo, a Croat, and three Muslims, Esad Landza Zenga, Zejnilo Delalic and Azem Delic.

According to Miodrag Starcevic, a member of the Yugoslav team just back from The Hague who is also a professor of International Humanitarian Law, this law justifies earlier expressed fears of some solutions in the Tribunal's statue.

'The systematization of crimes in the statute and some imprecisions in this act, have resulted in the Tribunal dealing with the character of the conflict and deciding whether it was an international or internal conflict, ' Starcevic said.

After bringing charges against the Celebic four last year, the Tribunal described the events in the region of Konjic in the Spring of 1992 as 'an international conflict with elements of a partial aggression.'

In this the Serbs are treated as the aggressors, although the former Yugoslav People's Army (JNA) withdrew from Bosnia without engaging in any action on May 19, 1992.

According to Starcevic, the tribunal is not empowered to try persons suspected of crimes against peace, but the concept of the indictment forced it to take a stand on whether it was a question of international or internal conflict.

During her visit to Belgrade on January 23, 1997, Chief Prosecutor Luise Arbour said that the Tribunal had to declare the fighting in the Konjic region as having an international character to, allegedly, enable the application of the Geneva Convention.

Starcevic said that surprising is the Tribunal's view that an act can be described as being aimed against humanity only if it threatens the interests of mankind.

'This is completely contrary to the position so far entertained by the International Humanitarian Law that crimes against humanity are all acts which threaten this, even if a single individual is in question,' he explained.

The unequal treatment of the defendants is reflected in the fact that rape of muslim women during the trail of Dusan Tadic was described as a crime against humanity, while in the case of Serb women victims, of which Grozdana Cercez testified, this qualification was mitigated.

Had Mucic, Landzo, Delalic and Delic been charged with crimes against humanity in the Celebici case, there would have been no need to debate the character of the conflict because the Tribunal's statute says that these crimes are committed independently of whether an international or internal conflict is in question.

However, neither of the four accused of crimes in the Celebici Camp, have been charged with crimes against humanity, although the majority of the victims were civilians.

The documents collected by the Association of camp inmates of 1992, about 1, 100 Serbs were imprisoned in camps in the Konjic region during the April- December 1992 period, while of the 7,000 Serbs inhabiting the region, 175 Serbs were killed. Raped were 130 mature women, old women, girls and very young girls, 8 children were killed and 119 children left without one or both parents.

'All this confirms, in a way, fears that The Hague Tribunal, unless drastic changes are made, will not contribute to the idea of setting up a permanent international penal court,' Starcevic said.

Yugoslav Daily Survey, 1997-03-27 ; Tanjug, 1997-03-26

[02] TALKS KNEZEVIC - BISCEVIC

Particular attention was accorded to the implementation of the agreements reached at the recent meeting between the Foreign Ministers of the FRY and the Republic of Croatia, Milan Milutinovic and Mate Granic, in Belgrade, according to the statement of the Croatian Foreign Ministry.

The expectation was expressed that the meeting of expert groups of the FR of Yugoslavia and Croatia to determine inter*State border crossings and draft agreement on border traffic, expected soon, will enable further progress in the relations between Belgrade and Zagreb.

According to the statement, Croatia's assessment is that the achievement of the agreement on the two major issues would positively affect the relations between the two States and the conclusion of a peaceful reintegration of Eastern Slavonia, Baranja and Western Srem.

During the meeting between the delegations of the FRY and the Republic of Croatia to determine border crossings and Agreement on border traffic, the Republic of Croatia will present its position on regulating the status of dual citizenship of the FRY and the Republic of Croatia, envisaged for the residents of the Slavonia-Baranja region.

Yugoslav Daily Survey, 1997-03-27 ; Tanjug, 1997-03-26

[03] MILUTINOVIC: TALKS WITH NIELS HELVEG PETERSEN HAD BEEN "OPEN AND CONSTRUCTIVE"

The Yugoslav Foreign Minister arrived in Copenhagen today on a one*day visit to the Kingdom of Denmark at the invitation of Minister Petersen.

After the Yugoslav*Danish dialogue held at the Ministry for Foreign Affairs in Copenhagen, Minister Milutinovic stated that had had with his host Minister Petersen "a comprehensive exchange of views on a number of issues concerning bilateral relations, developments in the region and current international questions."

"Talks were extremely open and I think that this is their major characteristic", assessed Milutinovic in his statement to a group of Yugoslav reporters. "In this spirit of openness both sides presented their positions, said the Yugoslav Minister.

Milutinovic expressed his conviction that "our positions and messages" had been met with understanding of the Danish colleague, assessing that "this will influence the future conduct of Denmark towards us and that it will be a significant impetus to our overall relations and to the bilateral ones in particular".

"Of course", said Mulutinovic, "Minister Petersen as a Chairman*in*Office of the OSCE has understood all our requests and positions of the conduct of the OSCE towards us and ours towards the OSCE", said the Yugoslav Minister.

"It has been noted during the talks" said Milutinovic,"that the present level of bilateral relations and cooperation is not in conformity with the real possibilities and needs and that it is necessary to restore political dialogue and to intensify political and other contacts as soon as possible."

"We have agreed to work on the promotion of our relations, particulary of economic relations, and to encourage in this respect those who are directly responsible for this cooperation, i.e. the competent departments and to enhance the legal framework of the cooperation," said Milutinovic.

Minister Milutinovic pointed out that he had informed Foreign Minister Petersen of the basic elements of the programme of the new Federal Government on the internal and foreign policy in which "the course of reforms at economic and social level is taking a central stage". He added that he had expressed an expectation that "the promotion of relations of the FR of Yugoslavia with Denmark, as an important partner, can only make the implementation of such orientation easier."

"We have reaffirmed the interest in having the full support of Denmark to the full normalization of relations of the FR of Yugoslavia with the European Union, first of all by adopting as soon as possible the autonomous trade measures of the European Union towards the FR of Yugoslavia. We have also pointed out our positive position towards the regional approach of the European Union in its relations with the States in the South*East of Europe, " said Milutinovic.

"We have got an impression that Denmark has an understanding and that it acknowledges the constructive role and contribution of the FR of Yugoslavia both to the stabilization of the peace process in the territories of the former Yugoslavia and to the development of good*neighbourly relations and establishment of economic links in the region," emphasized the Yugoslav Foreign Minister.

Pointing out that he had discussed in detail all major issues concerning the relations with the OSCE, i.e. full participation of the FR of Yugoslavia as a Member State of the OSCE, Milutinovic said that "it is the fact that the Yugoslavia has given a great contribution throughout the whole period to the implementation of the basic goals of the OSCE, and that it continues to render the significant contribution to the regional cooperation, peace and security."

"Therefore there is no justified reason whatsoever to further prevent our country from fully participating in all activities of the OSCE," underlined the Yugoslav Foreign Minister.

Milutinovic said that an agreement had been reached on the need to the consistent implementation of the Basic Agreement on the Region of Sirmium and Baranja with respect to providing protection to the Serb population. Therefore, it is very important to ensure conditions for free and fair elections with participation of all citizens and to guarantee lasting security and equality to the Serbs in the Region."

"We have underlined the need that equitable participation of all refugees should be ensured at the elections in Croatia and Bosnia and Hercegovina," said Milutinovic.

"It has been jointly assessed in the talks that the situation in Albania causes concern and that it is necessary to overcome the crisis peacefully through dialogue and in the interest of Albanian people, peace and stability in the Balkans," said Milutinovic.

"The talks were open and constructive. I am convinced that they will contribute to better mutual understanding and that they will encourage a positive development of our relations with the OSCE and EU, as well as the bilateral cooperation between the FR of Yugoslavia and Denmark," concluded the Yugoslav Foreign Minister after the talks with Minister for Foreign Affairs of Denmark Petersen.

Minister Milutinovic is returning to Belgrade tonight.

Yugoslav Daily Survey, 1997-03-27 ; Tanjug, 1997-03-26

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