[Congressional Record Volume 142, Number 53 (Tuesday, April 23, 1996)]
[Senate]
[Pages S3888-S3892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BOSNIA, SERBIA, AND THE WAR CRIMES TRIBUNAL IN THE HAGUE

  Mr. SPECTER. Mr. President, I have sought recognition to comment 
briefly on a trip which I made recently, earlier this month to The 
Hague, Serbia, and Bosnia for the purpose of taking a look at the 
situation with our military forces in Bosnia and taking a look at what 
is happening at The Hague with the War Crimes Tribunal. I would like to 
highlight a few of my observations because there are a few moments 
available on the Senate floor this afternoon.
  In visiting Tuzla on April 4, which followed the visit to Serbia on 
April 3 and the visit to The Hague on April 2, before returning to 
Paris en route back to the United States, in Tuzla, I saw the presence 
of the U.S. Army of which people of the United States can be very, very 
proud.
  The United States moved in as part of the NATO force, the IFOR force, 
short for the Implementation Force, with an overwhelming strength to 
stop the fighting and preserve the peace. It is a truly remarkable 
scene to see an army moved halfway around the world with the power and 
force of the United States, really the one remaining superpower in the 
world.
  As I have had the opportunity to travel abroad, to see the great 
respect and admiration in which the United States is held, it is 
something that we ought to focus on in this country. A mark of our 
power is our military force. When we spend as much as we do on the 
defense budget, some $243 billion this year, we see it in operations; 
we have gone in there with overwhelming force. All of the participants 
to the conflict have stopped fighting and are observing the rules and 
regulations set up by IFOR, the NATO forces and U.S. forces.
  We had the opportunity to talk to many in the military there on a 
tour provided by General Cherrie. We visited a military installation on 
Mount Viz, 450 meters through solid mud, virtually straight up, 
traveling on a tracked military vehicle in order to climb an incline 60 
degrees on terrain which did not seem possible to move up. But the 
mechanism of the military force carried us to the top where we had a 
briefing on the military operation where we were briefed by military 
personnel and where I visited with quite a number of military personnel 
from Pennsylvania, my State, as well as from other States. They had 
very high morale and were glad to see a visitor from the United States. 
We had an excellent lunch prepared in the field.
  I talked to a young lieutenant colonel who was in command of the 
operation. The lieutenant colonel told us about taking over the mount 
from a Serbian major who talked about the killing, the military 
casualty of his brother-in-law in the fighting which had occurred prior 
to the time the United States and NATO forces took over. As a matter of 
fact, in a professional way, with no animus, at least by all surface 
indications, the Bosnian Serb major said to the U.S. colonel, ``Take 
care of my mountain. I intend to take it back.'' It was sort of 
foreboding as to what may occur after the United States and the NATO 
forces depart the premises.
  But as of the moment, there is peace there. I had heard, and was glad 
to have repeated, that we have had only two casualties. Of course, two 
is two too many, but the casualties occurred, one from a motor vehicle 
accident and the other when someone was dismantling a landmine contrary 
to regulations.
  When we arrived in Tuzla, we heard about the visit just the day 
before of Secretary of Commerce Ron Brown. General Cherrie, who met us 
on our arrival there, midmorning of April 4, told us that Secretary 
Brown had been there the day before, arriving at about 6:20 in the 
morning and departing shortly before 2 p.m. when the tragic accident 
occurred.
  We had seen Secretary Brown the night before in Paris at a reception 
at the residence of Ambassador Pamela Harriman. We renewed our 
longstanding friendship, talked about possibly meeting in either 
Sarajevo or in Zagreb. Of course, that was not to be.
  When I flew out of Paris on the morning of April 3 and went to 
Belgrade, we had planned to fly to Sarajevo. Because of the weather 
conditions, the very high winds, our plane was grounded. We did not 
undertake the flight. I think those may have been the same weather 
conditions which caused or related to the fatality involving Secretary 
Brown, whose presence will be sorely missed, as will the presence of 
all those 34 people who were on board with him on that ill-fated 
flight.
  We had an opportunity to talk to the people in Bosnia about the 
efforts to gather evidence, which is very important for the War Crimes 
Tribunal. They have drawn a fine line. That is, IFOR will protect the 
personnel of the War Crimes Tribunal, but they will not protect the 
evidence itself. But the War Crimes Tribunal personnel are engaged 
there and are taking a look at a lot of the grave sites, gathering 
evidence for prosecutions. So long as the personnel from the war crimes 
prosecution team are there gathering evidence, then military personnel 
will protect the prosecution team.
  We discussed with the military personnel, General Cherrie, the issue 
about the potential of taking into custody the Bosnian Serb President 
Karadzic and General Mladic. The word was that individuals, such as 
those two people, under indictment would be taken into custody if the 
NATO and U.S. forces came upon them, but they would not be sought out 
or hunted.
  While we were there at the headquarters at Tuzla, we saw posters, 
candidly not very good identifying pictures, but, as to the major 
people under indictment including Bosnian Serb President Karadzic and 
General Mladic.
  We heard about an incident where IFOR forces had come upon General 
Mladic, but he was surrounded by many of his own military personnel, 
and to attempt on that occasion to take him into custody would have 
precipitated a battle. Since the IFOR forces were outnumbered, they did 
not seek to take him into custody at that time.
  But I think it is very important that, ultimately, President Karadzic 
and General Mladic be taken into custody so they can be prosecuted at 
the War Crimes Tribunal. I believe prosecutions at the War Crimes 
Tribunal are a very, very important aspect of what the United States 
and NATO are doing there. That may be the event of the decade or 
perhaps the event of the century if international legal precedence can 
be established that genocide and the atrocities will not be tolerated 
and they will in fact be prosecuted by an international tribunal.
  The establishment of the rule of law as an outgrowth of what has 
happened in Bosnia would be an enormous step forward in international 
law, and is something which has to be pursued.
  I had traveled to the Hague on January 4th this year and talked to 
the prosecution team at that time. I found that there were a number of 
very serious problems and I undertook to write to the Secretary of 
State, the Attorney General, the Director of the FBI, the Director of 
the CIA, and the Secretary of Defense. Their letter replies are 
attached and I ask that they be printed at the conclusion of my remarks 
along with the full text of my statement.
  A great deal has been done. The prosecution team was much more 
encouraged when I met with them on April 2; I was impressed with their 
approach back on January 4. I am pleased to say that CIA Director John 
Deutch has been very cooperative in working hard to make information 
available which is necessary to obtain the convictions of those under 
indictment at the War Crimes Tribunal.

[[Page S3889]]

  Mr. President, a very fundamental issue is what will happen with 
Bosnia, when our forces are due to withdraw by December 1996. The 
Intelligence Committee, which I chair, heard from General Pat Hughes 
about the problems which exist there at the present time and the 
prognosis is that if there is not a significant improvement in the 
infrastructure, the economy and the local police forces in Bosnia, 
there is likely to be a problem of fighting erupting again. We heard 
about the implementation of the Dayton accord, that it is proceeding on 
schedule, as detailed in the statement that I will introduce into the 
Record. I was pleased to see in the press Sunday April 21, statements 
by the military commanders in Bosnia, Adm. Leighton Smith and Lt. Col. 
Ben Barry, about the compliance by the warring faction in withdrawing 
their military forces and complying with the Dayton accord. That is 
certainly good news. A great deal more has to be done in terms of 
fulfilling the commitments which have been made by the major Western 
democracies, by Japan and by other countries, to see to it that local 
police forces are established, that the infrastructure is built up, 
that the economy is supported, so that there is a realistic opportunity 
for peace to prevail there.
  Mr. President, that is a brief summary of the highlights. I ask 
unanimous consent to have printed in the Record certain letters.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. SPECTER. Mr. President, I would like to take this opportunity to 
report on my recent visit to the War Crimes Tribunal in The Hague on 
April 2, Serbia on April 3, and Bosnia on April 4. The primary purpose 
of this trip was to assess the progress being made on implementation of 
the Dayton accords, particularly the prosecution of war criminals, and 
the degree of intelligence support to the War Crimes Tribunal and the 
Implementation Force [IFOR].
  Our first stop was The Hague, where the International War Crimes 
Tribunal sits. There, we met with Judge Antonio Cassese, the President 
of the Tribunal prosecuting crimes against humanity committed in the 
former Yugoslavia. Judge Cassese stated that the first trial of 
indicted war criminals will commence on the 7th of May. At this time, 
there are five other trials planned against six indictees--two Moslems, 
one Bosnian-Croat, and three Bosnian-Serbs, all of whom are being held 
in custody.
  The Tribunal is in the somewhat delicate position of needing to 
maintain judicial independence while relying heavily on the political 
support of the former Yugoslavian adversaries and the IFOR countries. 
One of the issues I discussed with Judge Cassese was the role of IFOR 
support of the tribunal. While some progress has been made in this 
effort, there is apparently still some disagreement between the Court 
and U.S. force commanders on the degree of IFOR support. Of particular 
importance is the issue of United States support for the apprehension 
of indicted war criminals, especially Bosnia-Serb President Karadzic 
and General Mladic. Judge Cassese indicated that the Europeans believe 
that only the Americans have the capacity to arrest Karadzic and 
Mladic. Neither the French, British or Italians appear ready to arrest 
these individuals for various unspecified reasons.
  President Cassese advised that he had initiated a meeting with the 
Russian Foreign Minister who urged the War Crimes Tribunal not to 
proceed against Mladic or Karadzic until after the September elections. 
The judge commented that he advised the Russian Minister that he would 
take his views into account but would not be influenced as to what 
action the Judicial Tribunal would take. As evidence of the conflicting 
pressures on the tribunal, at least one NATO country has reportedly 
urged that as many suspected war criminals as possible should be 
indicted before the elections in order to preclude their running in 
those elections, but that no additional suspects should be indicted 
after elections so that there is no risk of indicting newly elected 
officials.
  We also met with the one American judge on the tribunal, Judge 
Gabrielle McDonald, formerly a U.S. District Court judge in Texas, who 
is currently the presiding judge on two trials. Judge McDonald 
highlighted the difficulties the tribunal faces in attempting to move 
promptly against indicted war criminals. For example, she pointed out 
that while the first trial is scheduled for May 7, 1996, against a 
Bosnian-Serb by the name of Tadic, there may be a delay if the tribunal 
does not receive some key equipment--simultaneous translation equipment 
with a 2 to 3 second broadcast time delay--by April 23 and if the U.N. 
fails to accept this equipment as a gift. The delayed transmission is 
required to ensure there is no inadvertent broadcast of names. Judge 
McDonald also expressed her view that there are not enough tribunal 
courtrooms to try all the cases and attempting to try multiple 
defendants won't work in this particular situation.
  We also met with the prosecution team which is assisting Judge 
Goldstone in investigating and prosecuting the war crimes. Included in 
this group are representatives from the Department of Justice, 
Department of State, Defense Department, and the FBI. The 10 
individuals with whom I met were very impressive and very dedicated to 
the task of trying to bring justice to this great tragedy in current 
history.
  I had met with this team earlier this year, on January 4, 1996. After 
assessing their needs at that time, I wrote to the President, the 
Secretary of State, the Secretary of Defense, the Attorney General, the 
Director of the CIA, the Director of the FBI and the Ambassador to the 
United Nations.
  When I met with the prosecution team on January 4, they were 
concerned with cooperation by IFOR and the various agencies of the U.S. 
Government in supplying personnel and assistance in carrying out the 
efforts of the tribunal investigators. At the April 2 meeting, attended 
by many of the same people who were present on January 4, there was 
considerably more optimism because they had received assurances of 
support, including replacement personnel for the team, and assistance 
was being given to the gathering of evidence in Bosnia.
  To date the United States has been the biggest supporter of the 
tribunal and its chief contributor. By the end of this fiscal year 
1997, the U.S. will have contributed nearly $35 million to the court. 
Included in this figure is $3 million in services from more than 23 
prosecutors, investigators and other experts from the departments and 
agencies of the U.S. Government.
  It is clear, however, that this U.S. support alone is not sufficient. 
International pressure is needed on all parties to the Dayton accords 
to abide by that agreement to force them to turn over indicted 
personnel to the tribunal. The tribunal team reported that there is a 
prevailing view among potential witnesses that the tribunal will not be 
continually supported and this is affecting witness willingness to step 
forward.
  The prosecution team highlighted one particular set of indictments in 
which greater Serbian cooperation is needed. A Serbian army colonel by 
the name of Veselin Sljidancanin and two other Serbians have been 
indicted for ordering the mass killings of 260 Croatians near Vukovar, 
Croatia after they forcibly removed these people from a hospital on 
March 20, 1991. Sljidancanin is free in Serbia and there is no 
indication that the Serbian Government intends to extradite him to the 
tribunal.
  I advised the prosecution team that I would raise this issue with 
Serbian officials. The next day, April 3, I raised the issue with 
Serbian Foreign Minister Milutinovic and Assistant Foreign Minister 
Jovanovic. I discussed the charges which had been filed against three 
men and gave the Foreign Minister a copy of the indictment and the 
transcript of the argument made by the prosecutor before the War Crimes 
Tribunal on this issue. I ask unanimous consent that the indictment and 
the transcript of the argument be inserted in the Congressional Record.
  Foreign Minister Milutinovic said that Serbia could not extradite 
Colonel Sljivancanin because it was prohibited by the Serbian 
constitution. It appears that the other two men, Mrksic and Radic, are 
not in Serbia at the present time.
  I responded to Foreign Minister Milutinovic that a legal analysis had

[[Page S3890]]

been made showing that the Serbian constitution only prohibited 
extradition to another nation but the constitution did not prohibit 
extradition to the War Crimes Tribunal. Foreign Minister Milutinovic 
showed little interest in having his government assist in bringing 
Colonel Sljivancanin to the trial.
  I asked Foreign Minister Milutinovic if his government would 
cooperate in bringing Bosnian Serb President Karadzic and General 
Mladic to trial before the War Crimes Tribunal. While Foreign Minister 
Milutinovic said that Karadzic and Mladic should be ousted from power, 
he would not assist in taking those men into custody so they could be 
tried under pending indictments issued by the War Crimes Tribunal.
  On April 4 we traveled to Tuzla, the headquarters of the American 
contingent of IFOR. Our military operation there was enormously 
impressive. The United States had moved an army of nearly 18,000 men 
and women with spectacular results. I noted that women comprised 
between 10 to 15 percent of the American force serving in a variety of 
jobs including military police and senior intelligence.
  Our host was Brig. Gen. Stan Cherrie. Due to weather, we were unable 
to visit one of the mass grave sites that was being investigated by the 
War Crimes Tribunal. Instead, we visited one of the intelligence 
surveillance outposts at the top of Mount Vis. The purpose of our force 
on Mount Vis is to monitor the perimeter areas to be sure there are no 
violations of the accords. Getting there in knee-deep mud was 
accomplished riding in a track vehicle up the mountainside. This turned 
out to be an adventure in itself.
  Foremost in my mind during this visit was what happens in December 
1996 when U.S. forces, which make up approximately one-third of the 
Implementation Force, are scheduled to withdraw from the region. By 
coming in with overwhelming force, IFOR has been able to dominate the 
entire scene. The United States has suffered only two deaths; one was 
an individual who was dismantling a mine without following instructions 
and the other was a motor vehicle fatality. It is problematic what will 
happen when IFOR leaves.
  Of particular concern is the prospect that while IFOR may have 
completed its mission to stabilize the area militarily and allow 
political, economic and law enforcement initiatives to generate peace 
to the region, the civil mission to rebuild the economy and 
infrastructure will not have made sufficient progress.
  In testimony on March 27, 1996, before the Senate Select Committee on 
Intelligence, Gen. Pat Hughes, the Director of the Defense Intelligence 
Agency, stated that violence is likely to resume in Bosnia unless 
allied forces quickly help improve living conditions and provide the 
basis for a stable economy.
  The message I heard in Bosnia was similar: there is a need for 
economic development to take hold. One senior military officer 
highlighted the danger of not providing sufficient incentive to 
maintain the peace, noting that the region is marked by the greatest 
level of hatred and distrust that he has ever seen. There is some 
evidence that the fighting forces on all sides are tired. There are 
other indications that fighting will resume once IFOR leaves. Many at 
the scene predict that stability can be maintained if the economy and 
infrastructure are developed and the local authorities are able to put 
their police forces into operation.
  Some of our military personnel in Bosnia were more optimistic about 
Bosnia's future. One ranking officer noted that if the September 
elections result in moderates replacing the current corrupt regime, 
then the prospects for peace were good. He further advised that the 
schedule of confidence-building measures is proceeding according to the 
Dayton accords. On day 1, a one kilometer zone of separation was 
established. On days 30 to 45, both factions--Bosnians and Bosnians 
Serbs--gave the locations of their heavy weapons to the United States 
and to each other. On D+90, the Dayton accords called for the 
consolidation of air-defense weapons systems into approved sites. 
Seventy-five percent of those weapons were located and moved into those 
sites by the deadline. Now it's up to 90 percent. On D+120 days, which 
will be on April 20, all armed forces are to be in their containment 
and barrack areas. Inspection teams will visit those areas. Any 
deployments from containment areas will give IFOR a warning of 
intentions to initiate possible military action.
  I raised with General Cherrie the role of IFOR in assisting the War 
Crimes Tribunal. He stated what he understood to be IFOR's mission: 
U.S. forces in IFOR would not seek out those indicated, such as General 
Mladic, for example, but would be prepared to arrest him if IFOR forces 
came upon him. All checkpoints have picture posters of those indicted. 
We saw one of those posters. Regrettably, the photographs on many of 
them are nearly impossible to make a clear identification.

  I also asked General Cherrie for more details on IFOR's tasking in 
regard to support for the War Crimes Tribunal investigators examining 
the sites of atrocities. He answered that it was to protect the War 
Crimes Tribunal personnel but not the war crimes sites. When War Crimes 
Tribunal personnel leave a site, IFOR will leave. If the War Crimes 
Tribunal personnel were to remain overnight, then IFOR would remain to 
protect them.
  At the top of Mount Vis we were treated to lunch with the military 
personnel. There we found their morale to be very high. They are doing 
an excellent job under an extraordinarily difficult situation. Wherever 
we turned, the mud was ankle deep. One quip which seemed particularly 
appropriate was that Bosnia was Latin for mud.
  I also had a chance to meet several soldiers from Pennsylvania; 
including one young man from Philadelphia, S.Sgt. Michael J. Smith, 
another from Pittsburgh, Christopher Klauer, and a third from 
Allentown, M.Sgt. Douglas Sleeth.
  We departed Tuzla by 2:15 p.m. and headed for Aviano Air base in 
Italy where we received an operational and intelligence brief on air 
support capabilities to the Bosnia area. Air support and air strikes 
may be one option in which military force can be brought to bear after 
the pullout of IFOR forces.
  We had been scheduled to travel to Zagreb, where we were to meet with 
Croatian President Tudjman, but that part of the trip was canceled 
after the tragic crash of the plane carrying Secretary of Commerce Ron 
Brown and his delegation.
  Instead, we held a series of meetings on April 5 with officials in 
our Embassy in Paris. These discussions also focused primarily on the 
situation in the former Yugoslavia, where France is a key player.
  Ambassador Harriman noted that France is now probably the most 
important United States ally in Europe. She is concerned that a planned 
40-percent cut in the U.S. embassy in Paris will severely hamper her 
ability to deal with the political and economic requirements of this 
increasingly important relationship. She noted that, in spite of press 
accounts to the contrary, there is excellent United States-French 
cooperation in the evolution of NATO, on the Former Yugoslavia, arms 
control issues, terrorism, and organized crime. The Ambassador further 
noted that the implementation of embassy cuts also will affect their 
ability to encourage free trade and to promote U.S. exports.
  We also discussed with Ambassador Harriman the issue of economic 
espionage and the impact of the recent controversy when France accused 
the United States of using spies based at the Embassy to attempt to 
recruit French government officials to gather information on economic 
policies. We talked with the Embassy team about the history of French 
activities targeting United States economic information, including 
proprietary information of United States firms. I sought their views 
regarding legislation we are considering on the Intelligence Committee 
to criminalize theft of trade secrets, as well as a bill to prevent 
corrupt trade practices by foreign firms along the lines of the 
prohibitions currently in place for U.S. firms.
  As amplified in a floor statement on April 17, we were very favorably 
impressed by the operation of the U.S. Embassy in Paris.

                               Exhibit 1

                                             United States Senate,


                             Select Committee on Intelligence,

                                 Washington, DC, January 18, 1996.
     The President,
     The White House,
     Washington, DC.
       Dear Mr. President: When you called me on November 25, 1995 
     seeking support for

[[Page S3891]]

     your Bosnian policy, we had an opportunity to talk briefly 
     about the International Criminal Tribunal for the former 
     Yugoslavia.
       On January 4, I had an opportunity to meet with the 
     prosecution team in The Hague and was enormously impressed 
     with what they are doing.
       In my view, these prosecutions are of historic importance. 
     I strongly believe that the United States government should 
     do everything in its power to assist in the prosecutions. 
     Toward that end, I have written the various Department and 
     Agency heads urging cooperation in a number of specific ways. 
     I believe that support by the American people and by the 
     Congress could be enhanced by successful prosecutions by the 
     War Crimes Tribunal.
       I am sending to your National Security Council head, Tony 
     Lake, a copy of this letter and copies of my letters to the 
     respective Department and Agency heads.
       I look forward to an opportunity to discuss this issue with 
     your further at your earliest convenience.
       My best.
           Sincerely,
     Arlen Specter
                                                                    ____



                                              The White House,

                                Washington, DC, February 21, 1996.
     Hon. Arlen Specter,
     U.S. Senate,
     Washington, DC.
       Dear Senator Specter: Thank you for your recent letter 
     expressing your support for the International Criminal 
     Tribunal for the former Yugoslavia. I agree with you that its 
     work is of historic importance. The United States government 
     will continue to assist the Tribunal in its work.
       The United States already has contributed more to the 
     Tribunal than any other nation--upwards of $14 million. This 
     includes the services of more than 22 prosecutors, 
     investigators and other experts. Assistant Secretary of State 
     for Democracy, Human Rights and Labor John Shattuck has 
     traveled to the former Yugoslavia eight times since July 
     1995--most recently in January 1996--to investigate and 
     communicate news of the serious violations of human rights 
     that occurred around Srebrenica and Zepa last summer.
       The IFOR Commander, Admiral Leighton Smith, and Justice 
     Goldstone met on January 22 and agreed on how they can 
     coordinate their respective missions under the Dayton 
     Accords. Admiral Smith expressed his satisfaction that IFOR 
     will be able to provide appropriate assistance to ensure 
     security for Tribunal teams carrying out investigations at 
     mass grave sites. Justice Goldstone expressed his 
     satisfaction with the level of support offered by Admiral 
     Smith recently when he met with my National Security Advisor, 
     Anthony Lake.
       Your continuing support and ideas are greatly appreciated, 
     as always. I look forward to discussing with you the 
     implementation of human rights in the former Yugoslavia as we 
     work together to restore peace to the Balkans.
           Sincerely,
     Bill Clinton.
                                                                    ____



                                     U.S. Department of State,

                                   Washington, DC, March 26, 1996.
     Hon. Arlen Specter,
     Chairman, Select Committee on Intelligence, U.S. Senate.
       Dear Mr. Chairman: We regret the delayed response to your 
     letters of January 18, 1996 to Secretary Christopher and 
     Ambassador Albright, in which you underline the importance of 
     pursuing defendants indicted by the International Tribunal 
     for the former Yugoslavia.
       Demanding an accounting for injustices perpetrated in the 
     former Yugoslavia is a fundamental tenet of our policy there. 
     In the long term, peace can be secured only through justice.
       The Parties to the Dayton Agreement obliged themselves to 
     cooperate fully in the investigation and prosecution of war 
     crimes and other violations of international humanitarian law 
     in Article IX of the General Framework Agreement. This 
     obligation has been reaffirmed several times since, most 
     recently in a meeting held among the Parties in Rome on 
     February 18 when the Parties agree to provide unrestricted 
     access to places, including mass grave sites, relevant to 
     such crimes and to persons with relevant information. At this 
     meeting, IFOR repeated its readiness to work to provide a 
     secure environment for the completion of these tasks.
       The Parties also acknowledged in Rome that persons other 
     than those already indicted by the Tribunal, would be 
     arrested and detained for serious violations of international 
     humanitarian law only pursuant to a previously issued order, 
     warrant or indictment that has been reviewed and deemed 
     consistent with international legal standards by the 
     International Tribunal. Although IFOR will not pursue persons 
     indicted by the Tribunal, it will detain any persons indicted 
     by the International War Crimes Tribunal who come into 
     contact with IFOR in its execution of assigned tasks and will 
     transfer these persons to the Tribunal.
       You mentioned that the Tribunal's prosecution staff 
     expressed concerns about adequate financing and the need for 
     the help of more U.S. Government detailees. The United States 
     is the leading supporter of the Tribunal, having contributed 
     since 1994 over 12 million dollars (of a total 19 million) 
     and 22 U.S. government detailees to the Tribunal. We are 
     arranging to send in the near future an additional 
     investigative team of nine (seven investigators and two 
     translator) to aid the prosecution staff of the Tribunal for 
     Rwanda. We understand that the Department of Justice is also 
     detailing two prosecutors to the Tribunal.
       The Yugoslav Tribunal is preparing its 1996-97 budget. We 
     understand that the preliminary two-year estimate is in 
     excess of 85 million dollars for operations related to the 
     former Yugoslavia. The UN has adopted a funding formula that 
     covers half of the Tribunal's cost through unencumbered UN 
     peacekeeping balances and half through the normal UN scale of 
     assessments--a rate of 25 percent for the U.S. Of course, 
     actual expenses will depend in large part on the demands 
     placed on the Tribunal--especially trials--in the next two 
     years. Our ability to pay our UN assessment in full in 1996 
     and 1997 is dependent on Congressional approval of funds for 
     U.S. contributions to international organizations.
       We appreciate your strong and ongoing commitment to the 
     work of the Tribunal and hope this information is responsive 
     to your concerns. Please do not hesitate to contact us if we 
     can be of further assistance.
           Sincerely,

                                               Barbara Larkin,

                                       Acting Assistant Secretary,
     Legislative Affairs.
                                                                    ____



                                     The Secretary of Defense,

                                    Washington, DC, March 9, 1996.
     Hon. Arlen Specter,
     Chairman, Select Committee on Intelligence, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: In response to your letter of January 
     18, the Department of Defense (DoD) is participating with 
     others in the Intelligence Community (IC) to provide U.S. 
     intelligence support to the International Criminal Tribunal 
     for the Former Yugoslavia (ICTFY). IC participation is guided 
     by the State Department Bureau of Intelligence and Research 
     (INR), which acts as the point of contact for the IC with the 
     Office of the Prosecutor.
       The Defense Intelligence Agency (DIA) is the focal point 
     for DoD support to the ICTFY. The initial search of DoD data 
     bases was designed to locate all intelligence information 
     which might be of evidentiary value to the Office of the 
     Prosecutor. As a result of that search, and others in 
     response to specific requests from the Office of the 
     Prosecutor, DIA initially identified over 3,000 documents, 
     the majority of which were Information Intelligence Reports 
     (IIRs). Approximately 1,000 documents were determined to be 
     of no value to the ICTFY. Of the remainder, 444 IIRs were 
     forwarded to State INR and have been delivered to the Office 
     of the Prosecutor. The remaining 1,550 IIRs are undergoing 
     review, and those with information responsive to the ICTFY 
     requests will be delivered to the State Department by 15 
     March.
       The Office of the Prosecutor, through State INR, has given 
     assurance that our responses to their various requests have 
     been concurrent with their needs. Adequate resources are 
     assigned to the job. You may be assured we are monitoring 
     requests from the Office of the Prosecutor, through the State 
     Department, on a daily basis and are prepared to increase our 
     efforts if necessary. We are committed to continuing both 
     intelligence and Judge Advocate support to the Office of the 
     Prosecutor within the scope of available resources.
           Sincerely,
     William J. Perry.
                                                                    ____

                                       U.S. Department of Justice,


                                Office of Legislative Affairs,

                                Washington, DC, February 29, 1996.
     Hon. Arlen Specter,
     Chairman, Select Committee on Intelligence, U.S. Senate, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter to the 
     Attorney General regarding the International Criminal 
     Tribunal for the former Yugoslavia.
       At the outset, I would like to convey the Department's deep 
     appreciation for the critical role you have played in this 
     area. We are grateful for your efforts in passing legislation 
     that gives the United States full authority to obtain 
     evidence for, and to extradite offenders to, the Tribunal.
       The Department of Justice remains firmly committed to 
     supporting the important work of the Tribunal. We share your 
     pride in the work done by the Department's prosecutors 
     currently detailed to the Tribunal, and it is our goal to 
     carry that work forward.
       In addition, as Director Freeh states in his separate 
     letter on this topic, the Department remains committed to 
     continuing to provide Federal Bureau of Investigation agents 
     to the Tribunal. The United States also has already provided, 
     and will continue to provide, information to the Tribunal.
       Finally, we have on occasion been contacted by the Tribunal 
     on witness protection issues. As you know, however, the 
     federal Witness Security Program is designed to protect 
     persons who are expected to testify in proceedings in the 
     United States. While there has been one relocation of a 
     witness in connection with Tribunal proceedings, that was a 
     most unusual case. Yet, the Department remains willing to 
     work with Tribunal authorities on alternative solutions to 
     this problem.
       Thank you again for you efforts and your support. Please do 
     not hesitate to contact

[[Page S3892]]

     this office if we can be of further assistance with regard to 
     this or any other matter.
           Sincerely,
                                                      Andrew Fois,
     Assistant Attorney General.
                                                                    ____

                                       U.S. Department of Justice,


                              Federal Bureau of Investigation,

                                Washington, DC, February 27, 1996.
     Hon. Arlen Specter,
     U.S. Senate,
     Washington, DC.
       Dear Senator Specter: Thank you for your letter of January 
     18, 1996. I appreciate the interest and support that you 
     expressed in the FBI's involvement in the United Nation's 
     International War Crimes Tribunal at the Hague. As 
     background, in June 1994, three FBI Special Agents were 
     assigned to the Tribunal for a one-year assignment. The 
     Department of State requested our investigative expertise to 
     help in ``jump starting'' the investigative arm of the 
     Tribunal. In June 1995, the Department of State petitioned 
     Deputy Attorney General Jamie S. Gorelick for a one-year 
     extension of these resources. I remain committed to continue 
     this level of support in the work of the Tribunal.
       As you are aware, the efforts of the Tribunal have yielded 
     indictments against war criminals. I share your opinion that 
     the work of the Tribunal must continue and they must bring 
     the individuals responsible for these atrocities to justice.
       As you are aware, the Witness Security Program is 
     administered by the U.S. Marshals Service under the aegis of 
     the Department of Justice. I have been informed by the U.S. 
     Marshals Service that there is no statutory or budgetary 
     authority to use this program for witnesses of the Tribunal. 
     I am aware, however, that they have relocated one witness 
     from Bosnia with the assistance of the Department of Justice 
     and the Marshals Service. I have been advised that this 
     relocation involved extraordinary circumstances. The FBI 
     Special Agents assigned to the Tribunal have been advised by 
     FBIHQ that any requests for witness assistance should be 
     brought to the direct attention of the Criminal Division.
       You may be aware that the Department of State has put forth 
     a plan to establish an international, unarmed law enforcement 
     contingent to develop civilian law enforcement programs in 
     Bosnia. The protection of witnesses developed by the Tribunal 
     may be addressed as a function of this proposed police force.
       If I can be of any further assistance to you, please do not 
     hesitate to call upon me.
           Sincerely yours,
                                                   Louis J. Freeh,
                                                         Director.

  Mr. SPECTER. Mr. President, I yield the floor. I suggest the absence 
of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DOLE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________