Croatia’s continued failure to turn over two generals indicted by the war crimes tribunal for the former Yugoslavia could jeopardize its relations with the European Union and United States, Human Rights Watch said today.
In letters sent today to E.U. Foreign Ministers and U.S. Secretary of State Colin Powell, Human Rights Watch expressed serious concern that although Croatia has cooperated with the International Criminal Tribunal for the former Yugoslavia (ICTY) on some issues, it has failed to arrest and surrender Croatian nationals to the court. The tribunal has indicted three Croatian army generals for war crimes committed against Croatian Serbs during the 1991-95 war. One of the three indictees surrendered to the Hague court in 2001, but two of the three accused are still at liberty.
“The real test of Croatia’s commitment to international justice comes with these hard cases, involving its own wartime military leadership,” said Elizabeth Andersen, executive director of Human Rights Watch’s Europe and Central Asia Division. “At the moment, it looks like they are failing that test.”
On August 23, 2002, the tribunal prosecutor indicted retired General Janko Bobetko for war crimes committed against Croatian Serbs in 1993 in the area known as the Medak pocket. Also at large is General Ante Gotovina, indicted in 2001 for crimes committed in August 1995. The third indictee, General Rahim Ademi, surrendered to the ICTY in July 2001. In February 2002, the tribunal approved his provisional release pending trial.
Croatian government officials have refused to surrender Bobetko, arguing that he was only doing his constitutional duty to protect Croatia’s territorial integrity. The Human Rights Watch letters emphasize that the transfer of Generals Bobetko and Gotovina is firmly mandated by international law, as part of Croatia’s overall obligation to cooperate with the Tribunal. The rights group also pointed out that Croatia’s constitution cannot shield Bobetko from accountability for the specific crimes alleged in the indictment.
Human Rights Watch warned that other governments in the region may use Croatia’s refusal to live up to its obligations to excuse their own obstruction of the tribunal’s work. To prevent such obstruction, Human Rights Watch urged the European Union and the United States to insist that Croatia fulfill its obligations or face repercussions for its bilateral relations.
