SECURITY COUNCIL EXPRESSES PROFOUND CONCERN AT FAILURE OF FEDERAL REPUBLIC OF YUGOSLAVIA TO COOPERATE WITH TRIBUNAL FOR FORMER YUGOSLAVIA

8 May 1996

Press Release
SC/6219

SECURITY COUNCIL EXPRESSES PROFOUND CONCERN AT FAILURE OF FEDERAL REPUBLIC OF YUGOSLAVIA TO COOPERATE WITH TRIBUNAL FOR FORMER YUGOSLAVIA

19960508 Presidential Statement Calls for Execution without Delay Of Arrest Warrants Issued by Tribunal against Three Individuals

The Security Council this afternoon expressed profound concern at recent instances of failure to cooperate with the International Tribunal for the Former Yugoslavia, and in particular the failure of the Federal Republic of Yugoslavia to do so.

Recalling the obligation of States to comply with requests for assistance or orders issued by Trial Chamber under Article 29 of the Tribunal Statute, the Security Council, in a statement issued by its President, deplored the failure to date of the Federal Republic of Yugoslavia to execute arrest warrants issued by the Tribunal against three individuals, and called for the execution of those arrest warrants without delay.

Also by the statement, the Council called upon all States which had not already done so to make provision in their domestic law enabling them to comply with their obligations with respect to cooperation with the Tribunal.

The meeting convened at 5:51 p.m. and adjourned at 5:57 p.m.

The full text of the statement, to be issued as document S/PRST/1996/23, reads as follows:

"The Security Council expresses its profound concern at recent instances of failure to cooperate with the International Tribunal established pursuant to resolution 827 (1993) of 25 May 1993, and in particular the failure of cooperation by the Federal Republic of Yugoslavia described in the letter of 24 April 1996 from the President of the Tribunal to the President of the Council (S/1996/310).

"The Security Council recalls its decision in resolution 827 (1993) that all States shall cooperate fully with the International Tribunal and its organs in accordance with that resolution and the Statue of the Tribunal and that consequently all States shall take any measures necessary under their domestic law to implement the provisions of the resolution and the Statute, including the obligation of States to comply with requests for assistance or

Security Council - 2 - Press Release SC/6219 3663rd Meeting (PM) 8 May 1996

orders issued by Trial Chamber under Article 29 of the Statute. The Council underlines the importance of these obligations, as well as the obligations undertaken by the parties to the General Framework Agreement for Peace in Bosnia and Herzegovina and the annexes thereto (the Peace Agreement, S/1995/999, annex) to cooperate fully with the International Tribunal.

"The Security Council deplores the failure to date of the Federal Republic of Yugoslavia to execute the arrest warrants issued by the Tribunal against the three individuals referred to in the letter of 24 April 1996, and calls for the execution of those arrest warrants without delay.

"The Security Council calls upon all States and others concerned to comply fully with their obligations with respect to cooperation with the Tribunal, and in particular their obligation to execute arrest warrants transmitted to them by the Tribunal. It recalls the provision of its resolution 1022 (1995) of 22 November 1995 which notes inter alia that compliance with the requests and orders of the Tribunal constitutes an essential aspect of implementing the Peace Agreement. The Council calls upon all States which have not already done so to make provision in their domestic law enabling them to comply fully with their obligation with respect to cooperation with the Tribunal.

"The Security Council will remain seized of the matter."

Letter from President of International Tribunal

The Security Council had before it a letter dated 24 April from the President of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (S/1996/319).

In that letter, the Tribunal President wrote that the Federal Republic of Yugoslavia (Serbia and Montenegro) had failed to execute arrest warrants against three accused persons -- Mile Mrkšic, Miroslav Radic and Veselin Šljivancanin -- all of whom were on its territory and charged with the murder of 260 civilians and other unarmed men following the fall of the city of Vukovar in November 1991.

The accused whom the Federal Republic of Yugoslavia (Serbia and Montenegro) had failed to arrest, he wrote, had been commended and promoted by the said Republic for those same deeds which the Prosecutor charged as crimes against humanity, violations of the laws or customs of war and grave breaches of the Geneva Conventions of 1949.

* *** *