Obradović: Serbia remains committed to cooperation with The Hague

Special Representative of the Government of Serbia Saša Obradović said today in New York that Serbia remains committed to cooperation with the Hague Tribunal and that domestic judiciary continues the fight against impunity for crimes committed during the armed conflict in the former Yugoslavia, despite criticism over the decision not to extradite three radicals, TANJUG reports, as stated by the Patria News Agency.

Speaking at a session of the United Nations Security Council, Obradović explained the decision of the Higher Court in Belgrade according to which the legal conditions for acting on the Tribunal's order to arrest and extradite Petar Jojić, Vjerica Radeta, and Jovo Ostojić, accused of contempt of court in the proceedings against the leader of the Serbian Radical Party Vojislav Šešelj in The Hague, were not met.

Obradović pointed out that the arrest warrant was issued two months after Šešelj was released on temporary leave (in January 2015), and that the Serbian government, due to national security risks, considering all relevant circumstances and analyses, assessed that the fulfillment of the Tribunal's order should be postponed.

In this context, he recalled the case of Ševket Kabashi, who appeared before the court only four years after the Tribunal issued an arrest warrant for him. He also reminded that the Serbian government had proposed that the proceedings against the accused radicals be conducted before the domestic judiciary, which the Tribunal rejected.

- When the government decided to proceed with the order, the Ministry of Justice forwarded the case to the Higher Court, which, according to the Law on Cooperation with the Hague Tribunal, is competent to decide whether the conditions for extradition are met, Obradović pointed out.

The Higher Court in Belgrade, as he stated, for the first time in the history of Serbia's cooperation with the Tribunal, concluded on May 18 that the conditions for the arrest and extradition of the accused Petar Jojić, Vjerica Radeta, and Jovo Ostojić were not met, because the Law on Cooperation with The Hague stipulates Serbia's obligation to extradite only those accused of the most serious war crimes, genocide, and crimes against humanity, and not for contempt of court.

In this context, Obradović reminded the Security Council of the letter from the French Embassy in The Hague sent to the Tribunal on December 27, 2011, which rejected the extradition of former spokesperson for the Hague Prosecutor's Office Florence Hartmann, accused of contempt of court, which is also the case with the radicals. 

- France does not have a legal basis available that would allow it to act on the request for the arrest of Ms. Florence Hartmann and her transfer to the Tribunal, according to that letter, which Obradović quoted.

According to him, the decision of the Serbian court in no way excludes Serbia's determination to continue cooperating with the Tribunal in the most active way.

- We must not be discouraged in our efforts that should lead to reconciliation and cooperation, and this includes trials before domestic courts of those responsible for crimes. The victims will not be forgotten, and crimes must not be allowed to happen again, Obradović said.

He also reminded that the Government of Serbia had acted on arrest warrants for two indictees before the Tribunal, Jovica Stanišić and Franko Simatović, whose first-instance acquittal verdict by that court was overturned.

These were the first arrest warrants since the arrest of the last indictees, Ratko Mladić and Goran Hadžić, Obradović noted, stating that this important information was not included in the report of the Tribunal's Chief Prosecutor.

The Special Representative of the Government of Serbia informed the Security Council that Serbia had recently adopted a National Strategy for the Prosecution of War Crimes, which is aimed at strengthening the efficiency of domestic war crimes proceedings and promoting regional cooperation in this sensitive area.

- This is a reflection of my Government's commitment to accountability for core international crimes, regardless of the national, ethnic, or religious status of the perpetrator or victim, Obradović stated, adding that Serbia rightly expects other countries of the former Yugoslavia to have the same goals and act in accordance with the principles of international humanitarian law.

In this regard, Obradović reminded the Security Council that Croatia had issued only one final verdict for crimes against Serbs committed during the "Operation Storm" in 1995, despite the fact that both the Hague Tribunal and the International Court of Justice found that killings, crimes against humanity, and cruel treatment were committed against the Serb civilian population during and after Operation Storm.

In addition, he also pointed to Croatia's attempts to establish impunity for its citizens when it comes to war crimes, which was confirmed in its report by the Hague Prosecutor.

Regarding the criticism directed at the non-election of a new war crimes prosecutor in Serbia, Obradović stated that a new round of elections is underway, while in the meantime, the Serbian War Crimes Prosecutor's Office continues to be fully operational under the leadership of the first deputy prosecutor.

He pointed out that since the beginning of 2016, eight indictments against 15 defendants for war crimes have been confirmed in Serbia, which means that trials will begin soon, according to a report by the TANJUG news agency.