PRESS BRIEFING BY CARLA DEL PONTE, PROSECUTOR FOR INTERNATIONAL CRIMINAL TRIBUNALS

PRESS BRIEFING BY CARLA DEL PONTE, PROSECUTOR

FOR INTERNATIONAL CRIMINAL TRIBUNALS

A total of 38 people accused of committing war crimes in the former Yugoslavia remained at large, 12 of them living in Serbia and the rest in the Republika Srpska, Carla del Ponte, Prosecutor for the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, said at a Headquarters press conference this afternoon.

Appealing for the Federal Republic of Yugoslavia's help in arresting the indictees, Ms. Del Ponte said she had been requesting cooperation from Belgrade for the last six months.  Cooperation was about arresting all the indictees, including former Yugoslav President Slobodan Milosevic, and transferring them for trial before the Tribunal in The Hague, she said.  It was about letting investigators question witnesses and obtaining access to archives and documents.

Emphasizing that victims were waiting for justice to be done, the Prosecutor said it should not be forgotten that peace and stability in the Balkans would never be achieved if justice was not served.  Several senior United States Government officials, with whom she had just met in Washington, D.C., had all understood perfectly the crucial importance of cooperation with the Tribunals.

Asked if chances had improved for having Mr. Milosevic transferred to

The Hague, Ms. Del Ponte responded that the matter had been discussed and it was now a question of when he would be handed over.  She had asked United States Secretary of State Colin Powell to put the question to Yugoslavia's President Kostunica and was awaiting a reply.

Another correspondent asked whether the Prosecutor was satisfied with Washington's response to her request.

She replied that Secretary Powell, National Security Adviser Condoleeza Rice and the Deputy Secretary of Defense had assured her that everything possible would be done to achieve what she was asking for.  She was convinced that there would be positive results in a matter of weeks.

Another journalist asked how much progress had been made on plans to move some trials from the International Criminal Tribunal for Rwanda at Arusha to Kigali?.

The Prosecutor said the President of the Rwanda Tribunal had informed her that the request must be put in trial.  She would present the request at the end of May.

Another correspondent asked the Prosecutor whether she felt the transfer of Mr. Milosevic could be facilitated by Yugoslav President Vojislav Kostunica's

assurance at Headquarters yesterday that the Yugoslav Parliament was considering legislation to establish a legal framework for cooperation with the Tribunal.

Ms. Del Ponte responded that she viewed the assurance as good news.  She hoped the law would be approved as soon as possible, because it would be a further step towards the former president's transfer to The Hague.

Noting that the Prosecutor had said it was not necessary for her to meet with President Kostunica, another journalist asked why she had met with Yugoslavia's Permanent Representative to the United Nations.

She replied that it was appropriate that she brief the Ambassador.

Another correspondent asked whether the positive results she was expecting referred to Mr. Milosevic or to other issues.

The Prosecutor reiterated that there were 12 fugitives residing in Serbia, most of whom were not Yugoslav Serbs.  The Tribunal could not wait for the Parliament to approve a domestic law to have them arrested and transferred to

The Hague.  Other issues involved access to witnesses and to archives and documents as soon as possible.

She was asked what would happen if Mr. Milosevic was not handed over?

Ms. Del Ponte said that had not been a point of discussion.  It was simply a question of when he could be transferred to The Hague.

Another journalist asked how the Prosecutor felt about truth and reconciliation commissions in Bosnia and Herzegovina and in Yugoslavia.

The Tribunal was participating in the Bosnia and Herzegovina commission, which was working properly, she replied.  It was not interfering in issues of justice and that was very positive for the Tribunal, as it contributed to reconciliation.

Another correspondent asked how helpful was the United States decision not to give cash aid to Yugoslavia unless Mr. Milosevic was handed over was?

The Prosecutor said she was grateful for any steps taken towards the transfer of indictees, especially Mr. Milosevic, and for Washington's support.

Another correspondent asked what would happen if, following a trial and acquittal in Belgrade, the former president's lawyers cited double jeopardy in arguing against another trial in The Hague.

Ms. Del Ponte pointed out that the Tribunal's charges against Mr. Milosevic were different from those being investigated in Belgrade.

She was then asked how the Tribunal's stature would be affected if

Mr. Milosevic were convicted in Yugoslavia and never came for trial in The Hague?

The Prosecutor replied that she was not considering such a situation.  Even if the former president were handed over for immediate trial in The Hague, the Tribunal could allow him to return to Belgrade and face the domestic charges.  The

Yugoslav authorities were not yet ready to put him on trial but the Tribunal was, Ms. Del Ponte added.

Asked what the basis for her optimism about positive results was?

Ms. Del Ponte answered that her office was in daily contact with the Belgrade authorities regarding their investigations.  Moreover, President Kostunica's assurance yesterday was a positive sign.

Asked whether the large number of indictees in the Republika Srpska had contributed to recent violence in Bosnia and Herzegovina, she replied that such incidents would occur as long as the fugitives were at large and politically active.  Their arrest would be a great contribution to peace and reconciliation.

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