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Capture of Indicted War Criminals
Indicted war criminal and former Prijedor Police Chief, Simo Drljaca,
was killed on 10 July after he opened fire on SFOR soldiers as they
approached and challenged him for the purpose of detaining him. The
troops returned fire in self-defence, fatally wounding Drljaca. One
British SFOR soldier was also wounded in the action.
In a separate detention action, SFOR forces succeeded in capturing
another indicted war criminal, Milan Kovacevic, at the hospital in
Prijedor where he worked as Director. SFOR soldiers entered the hospital
and went to Kovacevic's office, where they detained him without
incident. Kovacevic was then taken to the airport where he was formally
arrested by ICTY before being transported to the Hague Tribunal
Detention Unit, where he will remain until his trial.
Both Simo Drljaca and Milan Kovacevic were under sealed indictments from
the International Criminal Tribunal for the Former Yugoslavia since 13
March 1997 on charges of being "complicit in the commission of genocide"
against the Bosnian Muslims and Croats of the Prijedor district during
the period between 29 April 1992 and 31 December 1992. The indictment
was signed by Judge Elizabeth Odio Benito, who also ordered copies of
the arrest warrant to be transmitted to SFOR. The arrest order came from
Supreme Allied Commander for Europe (SACEUR), General George Joulwan and
NATO Secretary General Javier Solana
An SFOR statement released on behalf of Dr. Solana after the events said
that "owing to the official positions held by both Drljaca
and Kovacevic at various times, SFOR personnel have had contacts with
them in the course of their duties. The detention of these men was therefore within the terms of SFOR's mandate".
Whilst the RS Government and leading RS officials, including RS
President Plavsic, condemned the SFOR action, protesting that it could
destabilise the already fragile situation in the RS, the leading
civilian implementation organisations in BiH, including, OHR, OSCE,
UNMIBH/UN IPTF and UNHCR, as well as human rights groups and other
NGOs, supported the SFOR action in Prijedor and called on all sides in
Bosnia to assist with the speedy implementation of the Peace Agreement
by extraditing all war criminals to the Hague.
The High Representative, Carlos Westendorp, said that he fully supported the actions of SFOR troops. His spokesman, Simon Haselock, said that "the continued presence and influence of war criminals remains one of the major obstacles to the implementation of the peace. This is
particularly the case in RS where it is clear that the influence of
Radovan Karadzic continues to pervade".
Constitutional Crisis in RS
The Principals from the OHR, SFOR, the OSCE, UNMIBH/IPTF and UNHCR sent
a letter on 7 July to RS President Biljana Plavsic, copied to Member of
the BiH Presidency, Momcilo Krajisnik, outlining their expectation of
renewed commitment to the Dayton and Sintra Agreements. The letter
acknowledged Mrs. Plavsic's decision to dissolve the National Assembly,
which was determined by the international community to be in conformity
with the RS Constitution. That the organs of RS act in accordance with
the constitutional order was deemed of utmost importance, and Mrs.
Plavsic was assured that military activity in either Entity which was
not in accordance with Annex 1A would continue not to be tolerated by SFOR.
The Principals urged the following:
- Compliance with the obligations of Annex 11, in particular police
restructuring and checkpoint policy. A satisfactory solution to the
issue of special forces which continue to act outside their mandate of
professional police forces would be needed.
- Serious efforts to address smuggling, terrorism and crime, and firm
action against corruption.
- Full cooperation of the police with the Supervisor and the UN IPTF in
Brcko regarding restructuring, freedom of movement and issuance of ID
cards to returnees, and full cooperation with the OSCE in voters
registration period in Brcko ending 12 July.
- An urgent undertaking of the public media to fully respect freedom of
expression and the need for reconciliation. In this context, it was
reminded that the HR had the right to curtail or suspend any media
network or programme output which was in persistent and blatant
contravention of either the spirit or letter of the Peace Agreement.
- Signature of the IMF letter of intent, which would allow the Donors
Conference to take place, thus allocating substantial funding to the
social and economic development of the RS, thus contributing to the RS
people's welfare and prosperity.
In concluding, the Principals assured Mrs. Plavsic of their support for
her endeavours in implementing the Peace Agreement.
At their session on 9-10 July, the RS Constitutional Court (CC) passed
a ruling which, pending their final decision on the constitutionality of
President Plavsic's decision to dissolve the National Assembly and hold
new elections, ordered the suspension of all enactments and actions by
State organs, organisations, communities and public high-ranking
officers in the RS, which had been, or might be, taken pursuant to the
aforementioned decision - the enforcement of which might bring about
irretrievable consequences.
Venice Commission
On 8 July the OHR asked the European Commission for Democracy through
Law to provide its opinion on certain provisions of the Constitution of
RS. The European Commission for Democracy through Law (Venice
Commission) was established in 1990 by member states of the Council of
Europe and non-member states, constituting a specialised Working Group
in the wider context of the activities of the Council of Europe. It is
composed of independent experts in the field of law and political
science whose main tasks are the following:
- to help new Central and Eastern Europe democracies
- to set up new political and legal infrastructures
- to reinforce existing democratic structures
- to promote and strengthen principles and institutions which represent
the bases of true democracy.
A meeting of a Working Group of the Commission was held in Geneva on 10
July, where the following conclusions, which are subject to approval by
the plenary Commission, were reached:
- With regard to whether the President of RS had the power to dissolve
the National Assembly without having received the opinion of the Prime
Minister and the President of the National Assembly (according to
Amendment LX to the Constitution, the President can dissolve the
National Assembly after having heard the opinion of the Prime Minister
and the President of the National Assembly) the Working Group of the
Venice Commission found that "the decision to dissolve the Parliament
belongs only to the President of the Republic. The point of view of the
Prime Minister and of the President of the Parliament is not at all
imperative for the President of the Republic". The WG said that "to
subordinate the decision of the President of the Republic to the receipt
of the opinion of the PM and President of the Assembly would be of a
nature to block the dissolution process and thus deprive the provision
of its effect".
- On the question of whether the RS President is empowered to appoint
a new Government on the basis of Article 94 of the Constitution after
the dissolution of the National Assembly, the WG found that the
Government, whose mandate has terminated because of the dissolution of
the National Assembly, continues to exercise its functions until the
designation of a new government. The fact itself that the provision
stipulates that the President can only "propose a candidate" implies
that this candidature is approved by another state body. "It clearly
follows from this provision that this candidate must necessarily obtain
the confidence of the Parliament". The WG concluded that "the provision
can therefore not be operational in the Parliament's absence, which is
presently the case, since the previous Parliament has been dissolved and
the next one has not yet been elected". The WG deemed that "Article 94,
alinea 10, on which the President pretends to base herself to designate
a new Government, could not serve as constitutional basis to that
effect. it is intended to apply only after the elections of 1
September 1997. Until that date the present Government must remain in
place in order to deal with the current affairs, as Article 94, alinea
9) actually provides."
- On the question of whether the Government had the power to suspend
the decision of the RS President to dissolve the National Assembly,
pursuant to Article 114 of the Constitution, the WG came to the
conclusion that the Government was "not empowered to suspend the
decision to dissolve the Assembly. [...] Indeed, Article 114 of the
Constitution exclusively refers to "the enforcement of a regulation, or
a general or individual enactment", therefore to legislative or
administrative acts. Most evidently though, the WG found that "the
decision to dissolve the Parliament, which has an eminently political
character, is not included in the category of acts mentioned in Article
114". Apart from that, it was found that the dissolution of Parliament
does not require any intervention whatsoever on the part of the
Government, which, as an executive organ, can intervene with respect to
a Presidential act in no other way other than the one laid down by
Amendment LX of the Constitution (Prime Minister can express his
opinion, at the request of the President).
ICTY
On 14 July Trial Chamber II consisting of Judge Gabrielle McDonald
(Presiding), Judge Ninian Stephen and Judge Lal Chand Vohrah, handed
down its Sentencing Judgement of Dusko Tadic. Tadic was found guilty on
7 May of Crimes against Humanity (on 6 counts) and Violations of the
laws or customs of war (on 5 counts) and sentenced to a total of 97
years imprisonment. However, Tadic will serve only 20 years as the
sentences are to be served concurrently.
The Sentencing Judgement recalled that: "the crimes consisted of
killings, beatings, and forced transfer by Dusko Tadic as principal or
as an accessory, as well as his participation in the attack on the town
of Kozarac in opstina Prijedor, in north-western Bosnia".
It was further judged that Tadic's sentence "should not be commuted or
otherwise reduced to a term of imprisonment less than 10 years" from the
date of determination of any appeal. Tadic will be credited with time
already served (2 years, 8 months, and 6 days) as well as time he may
serve pending the determination of any appeal. The Sentencing Judgement
may be appealed within thirty days from the date it was pronounced.
NATO - Madrid Summit
Following a meeting of the North Atlantic Council in Madrid on 8 July
the Heads of State and Government of NATO released a Special Declaration
on BiH in which they reaffirmed their "commitment to the full
implementation of the Peace Agreement, and to the establishment of BiH
as a single, democratic and multi-ethnic state". They also commended
SFOR for its contribution in bringing peace to BiH and said that they
intended to ensure that its mandate was carried out to its fullest.
Commending also the efforts of former HR, Carl Bildt, "whose tenure as
HR achieved important progress in implementing the civilian aspects of
the Peace Agreement", they also welcomed the appointment of new HR,
Carlos Westendorp. SFOR would continue to work closely and effectively
with the HR, the OSCE and other major international organisations and
agencies implementing civilian aspects of the Peace Agreement.
While SFOR's mandate would come to end in June 1998, there was a
commitment to and a long term interest in stability in BiH and the
surrounding region. The authorities in BiH should be in no doubt that
there could be no military option for any party or ethnic group now or
in the future.
The Declaration called on the Parties to the Peace Agreement "to comply
fully with the commitments they themselves [had] agreed and to implement
the Peace Agreement without delay". Those who did not honour the
commitments with which compliance was a prerequisite for continued
assistance: right of return for refugees and DPs; arms control; police
reform; media freedom, would find themselves denied any hope of taking
up membership in the wider community of nations.
The Heads of State and Government of NATO also expressed their deep
concern with the political crisis in the RS, "where an increasingly
anti-democratic climate and abuses of police authority in contravention
of obligations of the Peace Agreement [were] underlining basic human
rights, obstructing progress on the Peace Agreement and threatening
wider security". It was "especially unacceptable" that RS citizens were
"being denied full and objective information on developments." The
democratic process was being distorted in order to block the
constitutional decisions of the elected president of RS, which must be
respected. Resolution of political differences were to be made
peacefully and through dialogue "in a manner consistent with the rule of
law and the democratic principles of the Peace Agreement". Recourse to
force or violence, or the unauthorised deployment of military or
paramilitary forces would not be tolerated.
The Declaration concluded saying there could be no peace without justice
and called upon the leaders of the region to cooperate with ICTY and
fulfil their obligation to deliver those indicted for war crimes for
trial in the Hague.
Joint Police Forces Established
On 10 July officials of the Herzegovina-Neretva Canton (H/NC),
including H/NC Governor, Fatima Leho, President of the H/NC, Mijo
Brajkovic, President of the Assembly of the H/NC, Ivan Bender, H/NC
Minister of Internal Affairs, Valentin Coric, and their Deputies, signed
the agreement on the establishment of the joint police forces in the
canton. The signing was witnessed by IPTF Commissioner, Manfred Seitner
and US Charges d'affaires Robert Beecroft.
Commissioner Seitner said that in signing the agreement the H/NC
authorities had stated their assurances that they were willing to "abide
by, as a whole, the Bonn-Petersberg declaration". Mr. Seitner said he
believed all previous reservations regarding the content of the accord
had been removed. "I hope now, we can move forward ... and begin the long
awaited first phase of implementation"
Presidency
The Presidency of BiH met on 8 July at the National Museum in Sarajevo,
and considered plans for the division of the diplomatic and consular
offices of Bosnia and Herzegovina, as well as organisation of the BiH
Ministry of Foreign Affairs. Accreditation of the Ambassadors of the
United States (Richard Dale Kauzlarich) and the United Arab Emirates
(Mohammad h.Khalif al-Swaidi) to Bosnia were accepted.
The High Representative, Carlos Westendorp, and Principal Deputy HR, Gerd Wagner also attended part of the session. Mr. Westendorp emphasised the importance of introducing a single currency - the "convertible mark" to pave the way for the signing of agreement between BiH and the International Monetary Fund (IMF), which is a prerequisite for holding the Donors' Conference.
Prior to their working session, the BiH Presidency members met with
Malaysian Minister of Foreign Affairs, Abdullah Ahmad Batawi.
Explosion in Zvornik
On the evening of 13 July an OSCE vehicle was destroyed by an explosive
device. The vehicle was parked in front of the Hotel Drina in Zvornik
where the offices of the OSCE, IPTF and UN are situated. According to an
OSCE press statement the explosive charge had been placed in front of
the vehicle, underneath the engine. The explosion destroyed the vehicle
and damaged nearby cars, and blew out all of the windows of the IPTF and
OSCE offices at the front of the building. Although there were no
injuries, the statement said that "the location of the device was such
that it was providential that no innocent bystanders were injured". The
statement further added that no threat had been expressed towards OSCE
personnel in Zvornik prior to the incident.
At the press briefing on 14 July, an UNMIBH official noted that there
had been an increase in "low level harassment" against UN staff in
Zvornik in recent days. However, the UN, as well as other international
representatives (OHR, OSCE, UNHCR and SFOR) stressed that it was
"business as usual" for their staff in all areas of the RS.
Coalition for Return
The Coalition for Return (CfR) met on 5-6 July in Travnik in what was
the fourth largest gathering of the CfR (after Mostar, Banja Luka and
Sarajevo). The CfR has now grown to a movement comprising more than 150
different refugee and DP associations. About 250 representatives from
Bosnia, Croatia, FRY, Slovenia and Germany participated in this meeting,
which was the first to be organised and chaired by the CfR members
themselves.
The agenda focused on CfR activities since the previous meeting. Ten of
the most active associations gave an overview of their work and the
current situation in their area. UNHCR and the Property Claims
Commission gave briefings on their organizations' procedures and rules,
and answered questions and received suggestions from the Coalition
members. A panel discussion involving the Shadow Government and members
of the Federal Ministry of Social Affairs, Displaced Persons and
Refugees also presented their strategies on the return process and
responded to questions from the CfR members.
The gathering was also a forum for presenting current CfR projects:
establishment of a legal advice service (sponsored by the Austrian
Government); the Roofing Project, which is in its starting phase (with
money donated by German NGO Cap Anamur); and the Coalition Bulletin, the
second edition of which was presented at the meeting (sponsored by the
French and the Dutch governments).
At the meeting the CfR decided to: apply to the OSCE for participation
as observers at the forthcoming municipal elections; send a protest note
concerning the new Customs Law; apply to the UNHCR and other
humanitarian organisations to become equal partners and participants in
negotiations on donations and reconstruction implementation projects.
The CfR further decided that they would not support any reconstruction
projects which cemented ethnic cleansing. They demanded from SFOR full
implementation of the military aspects of the Peace Agreement, in
particular the withdrawal of military forces from civilian areas (such
as Drvar). They also demanded that OSCE issue a public release on the
number of voters who had registered according to P-2; as well as freedom
of movement for those who wanted to vote in person in their pre-war
communities. The CfR also called for increased pressure by the
International Community on Croatia to allow the return of Serbs to the
Eastern Slavonia and the Krajina region, since an exodus of Serbs from
this area would further complicate the process of return to RS.
Media Issues
UN IPTF dismissed as propaganda an SRT (Republika Srpska TV) report
which claimed that armed terrorists had invaded an RS village on 7 July.
The report claimed that "Muslim terrorists" had entered the village of
Gornji Drapnjici near Sokolac on 7 July. One "terrorist" filmed as he
lay dying had allegedly said they were under instructions to kill as
many people as possible. The report further stated that IPTF monitors
had been indifferent when the incident was reported to them and accused
NATO soldiers of never being around when they were needed. IPTF
officials described the report as "a disgrace to the profession of
journalism.". They had never been contacted regarding such an incident
and there was "no evidence whatsoever that this (terrorist) incident
took place".
Central Bank
The Governor of the Central Bank of BiH, Serge Robert, together with the
Central Bank Chair Committee, appointed three Vice-Governors, Mr. Enver
Backovic, Mr. Drago Radic and Ms. Ljubisa Vladusic. The three newly
elected Vice-Governors will be members of the BiH Central Bank Executive
Committee, chaired by Governor Robert.
Looking Ahead
- 18 July:
- Steering Board of the Peace Implementation Council meet in Sarajevo
- 23 July:
- Open Broadcast Network (OBN) Donors/Governing Council Meeting, Brussels
See our Chronology for a full list of activities
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OHR Bulletin nr. 54, issued 15 July 1997.
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