[Congressional Record Volume 145, Number 90 (Wednesday, June 23, 1999)]
[Senate]
[Page S7499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        INVESTIGATING WAR CRIMES

  Mr. SPECTER. Mr. President, I have sought recognition to compliment 
the prompt action of the Federal Bureau of Investigation in sending a 
forensic team to gather evidence in Kosovo for the prosecution of those 
indicted under the War Crimes Tribunal in the former Yugoslavia, which 
would include President Milosevic.
  Earlier this morning, FBI Director Louis Freeh announced that some 59 
agents of the Federal Bureau of Investigation, working with the Armed 
Forces Institute of Pathology, have been dispatched to Macedonia--will 
be in Kosovo--and will be, starting tomorrow, preserving evidence for 
the prosecution of those under indictment by the War Crimes Tribunal.
  This is a very important step because we have already had a series of 
reports about tampering with evidence, about the removal of massive 
grave sites. The prompt action by the Federal Bureau of Investigation, 
moving to the scene of the crimes to gather evidence for use in court, 
is of the utmost importance.
  For some 12 years, as an assistant district attorney and later as 
district attorney in Philadelphia, I had experience in the gathering of 
evidence for use in the criminal prosecution process. I can personally 
attest to the importance of prompt action.
  If you do not get the evidence while it is fresh, it may disappear; 
its quality may change unless it is preserved. So the very prompt 
action of the FBI in moving on this is very important. It is especially 
important as the evidence is unfolding of the crimes against humanity 
by the Serbian Armed Forces under the direction of President Milosevic.
  President Milosevic has already been indicted. The acquisition of 
this evidence will be key in preparing for the trial of the case. The 
long arm of the law extends very far. It is my prediction that one day 
President Milosevic will be in the dock at the Hague in the criminal 
court there, as will be Radovan Karadzic, the former head of Bosnia, 
General Mladic, and the others who are under indictment.
  As I have noted before on the floor of the Senate, I believe that a 
condition of the cease-fire should have been having Milosevic turned 
over to the NATO forces. We learned from the bitter experience in 
Iraq--20/20 hindsight--we would have been wiser to have taken the steps 
necessary to take Saddam Hussein into custody. Our failure to do so has 
caused enormous problems. We have seen with Milosevic that he has 
started some three wars, and if he is at liberty, who knows what he may 
do in the future. That action has already been taken.
  It is vitally important that the evidence be preserved so that when--
and I do not say if--but when Milosevic and the other indictees are 
taken into custody, we will be in a position to have the prosecutors at 
the War Crimes Tribunal present that evidence.
  I have had the honor to visit the War Crimes Tribunal in the Hague on 
a number of occasions. The prosecutors there are a very fine team. They 
have received support from a variety of Federal agencies. The CIA has 
been helpful with the overhead satellites. The Department of State has 
been of continuing assistance. The Department of Defense has been of 
assistance. Now the action by the FBI, with the approval of the 
Attorney General, is very important.
  This is unprecedented for the FBI to undertake this kind of 
acquisition of evidence. There are precedents in the field where the 
FBI has worked overseas on the Khobar Tower bombing in Saudi Arabia and 
with the U.S. embassies in Kenya and Tanzania. The FBI was deployed to 
El Salvador for the investigations of murders that occurred in 1983. 
The FBI was involved in the investigation of war crimes in the former 
Yugoslavia in 1993, and involved in a polygraph examination in a murder 
case in Guatemala in 1995, and supported the investigation of a murder 
in Haiti in 1995.
  The authority for the FBI to act on these premises is set forth in 
the Federal statute in 28 United States Code, section 533. The 
regulations which have been promulgated under that statute make a 
specific reference as follows:

       As provided for in procedures agreed upon between the 
     Secretary of State and the Attorney General, the services of 
     the Federal Bureau of Investigation laboratory may also be 
     made available to foreign law enforcement agencies and 
     courts.

  The War Crimes Tribunal would fit within that qualification as an 
international court.
  The FBI will be undertaking a variety of evidence-preserving matters 
in Kosovo. They intend to establish the exact location of the crime 
scenes. They will photograph the scenes, the deceased victims, the 
evidence, map the crime scenes, collect the physical evidence related 
to indictments, examine victims for indications of the cause of death, 
indications of restraint and physical abuse, and preliminary 
identifications. They will collect appropriate samples from victims for 
possible future identification using DNA techniques. They will work on 
forensic and scientific investigations with the Armed Forces Institute 
of Pathology. I think this is very good news, acting as promptly as 
they are, moving in with very substantial equipment and personnel to 
undertake this important work.

  The gathering of this evidence is indispensable for the trials. We 
have an opportunity here at the War Crimes Tribunal to establish an 
international precedent of tremendous importance for the future. It is 
the establishment of the rule of law in international matters to let 
any future Milosevics, who might be inclined to commit crimes against 
humanity, know they will be brought to justice, that there is an 
international rule of law. I believe the apprehension and trial of 
Milosevic himself is very important, because it will be the first time 
that a head of state will have been subjected to the criminal process.
  I applaud what the Department of Justice is doing here. I applaud 
what the FBI is doing. I had an opportunity to discuss this matter 
yesterday with Director Freeh; I have talked to him from time to time. 
I think this very prompt action will be enormously important and 
instrumental in securing justice for the convictions of the people who 
are now under indictment.
  I thank the Chair.
  In the absence of any other Senator seeking recognition, 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. SPECTER. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. Mr. President, on behalf of our distinguished majority 
leader, I ask unanimous consent that the period for morning business be 
extended until the hour of 2 p.m. under the same terms as previously 
submitted.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SPECTER. I thank the Chair. Again, in the absence of any Senator 
seeking recognition, 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. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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