ICTY Press Briefing: 30 March 2001

Carla del Ponte, Chief Prosecutor, International Criminal Tribunal for the former Yugoslavia

At the end of one of my regular visits to the former Yugoslavia in Banjaruka and Sarajevo, I met newly elected Ministers and officials and I was very encouraged by the democratic changes taking place within the two entities of Bosnia-Herzegovina. You should be aware of very positive developments in Belgrade, which resulted in the arrest and surrender of Stakic last week. I am now awaiting further arrests of indicted fugitives in Yugoslavia and in Bosnia-Herzegovina.

Last night I met the Justice and Interior Ministers of the Former Yugoslav Republic Macedonia in Skopje and we discussed the recent events in that country. I pointed out to the Ministers that the Hague Tribunal would have jurisdiction over any war crimes committed during any armed conflict in Macedonia. There are some indications that some crimes may have been committed and my office will assess the situation.

My visit to Pristina has provided me with the opportunity to meet with the new officials in both KFOR and UNMIK and we have had very good discussions about our co-operation. In addition to my on-going investigations into crimes committed by Serbs perpetrators, I also discussed the issue of the two new inquiries conducted by my office into alleged crimes committed against Serbs and other non-Albanians minorities in South Serbia since November 1999 and in Kosovo since June 1999. As you know, I am not prepared to go into any details regarding these investigations. But I would hope that the existence of those inquiries, plus my statements regarding the situation in Macedonia, will have deterrent effects and that we see an end to the commission of violence and of crimes falling within the jurisdiction of the Hague Tribunal. Thank you very much.

Questions:

Q: Yesterday in Skopje you said that you're not satisfied with UNMIK, especially with UNMIK Police in Kosovo and with KFOR in assisting you in various investigations. What are some concrete examples of your dissatisfaction?

CdP: It was in a meeting this morning with journalists in Skopje and they were asking where I was going.  I said I was going to Pristina to speak about the co-operation and that I have some problems with the co-operation of our investigations against Albanian perpetrators. That the reason why I am here. Discussing with the new authorities of KFOR and UNMIK, I must say that I have hope and I am positive that I'll receive the full co-operation in this kind of investigation.

Q: You say that in Macedonia during this conflict, there may be some crimes committed, By whom, how, and where?

CDP: It's difficult now to express myself about that. I just had a meeting with both ministers, and it seems…..but I must verify it and I will send my investigators down to verify and to assess the situation. Though apparently it seems that there have been crimes committed by Albanian armed group.

Q: Could you say more about what you have asked for in the past from officials here and what the reaction has been.  Also what kind of information, what kind of crimes are you investigating?

CdP: My deputy Prosecutor can answer.

Graham Dewitt: I don't know that it's possible to go in any specific thoughts as to what information we've been seeking from any authorities here, be they UNMIK or KFOR. Clearly they relate to the investigation that has been undertaken by our team from the Hague. They include the investigation concerning crimes committed by the Serbs and they relate specifically to the indictment against Slobodan Milosevic and the other four accused.  They relate to the expansion of that particular indictment and also to indicting additional accused for the crimes that were committed up to June 1999. The Prosecutor has already indicated that we have an investigation team examining the crimes committed by non-Serbs. They are investigating some specific incidents. The information and co-operation we seek relate to those inquiries. I regret we can't go into any specific details as to what it is that we are seeking, but it's related to the provision of documents, information and the identification of particular witnesses.

Q: A few months ago you stated that you were going to see the UN and explain that President Kustonica was not fulfilling all his duties in handing over Milosevic to the Hague Tribunal, and if he doesn't, that you would again ask for new sanctions against Yugoslavia. Are you of the same position or have you changed your mind since your visit to Belgrade?

CdP: After my visit to Belgrade and after the visits with both Justice Ministers from the Federation and from Serbia, the co-operation with the Tribunal has started. As you know, we have one voluntarily surrounded and one fugitive arrested and transferred to the Hague. We can now open our office in Belgrade, we can start with our investigation activities in the field in Serbia, and I think it's all very positive. Sure, it must continue because we have around 18 fugitives who are in Serbia from our indicted. I will properly inform the Security Council about this co-operation.

Q: About these crimes in Macedonia, you said that Albanian armed group have committed crimes. But against whom? The civilians or the Government forces in Macedonia?

CdP: As I said, I was informed about  possible crimes committed by Albanians. Our jurisdiction is for both parts committing crimes. We will see. It's impossible for me now to say more.

Q: Do you think that the Kosovo political scene would be upset when the names of the indicted persons charged against Serbs are revealed?

Cdp: I don't know and I don't want to know because I have nothing to do with political manifestation. I am just doing my job, trying to achieve the mandate I received from the Security Council. I cannot care about political reaction.

Q: What is your next step going to be if the Yugoslav Government does not hand over the indicted people?

CdP: That would be in the negative situation if they are not co-operating anymore, but I have no reason not believe that they will not co-operate with us. I am expecting other arrests, and also the new law will be approved by the Parliament so that all those nationals can be transferred to the Hague. Let's be confident and not look at the worst situation.

Q: How goes your inquiry about the KLA for the period before June 1999 and when can we expect the charges?

CdP: As you said, I have come here because I had in the past some difficulties achieving these investigations. I hope that it will be much better now here in Kosovo because now Belgrade is co-operating. When Milosevic was in power I didn't have access to the victim Serbs who needed to be interviewed as witnesses. It's now possible. It's ongoing. I have a team of investigators in Belgrade and I need some further co-operation here in Kosovo. I was assured that I will receive that. If it's goes as I expect, I think that in few months we will close our investigation.

Q: What is the Hague Tribunal doing to arrest persons who are indicted for crimes in Kosovo?

CdP: As prosecutors, we make our investigations, issue our indictments, ask the judges for the confirmation of these indictments and the issue of arrest warrants. The prosecutor's office can not proceed with the arrests. And we need co-operation of the international community and the local police to obtain the arrests. Otherwise, we have no means to do it.