[Congressional Record Volume 147, Number 100 (Wednesday, July 18, 2001)]
[Senate]
[Pages S7885-S7887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSFER OF SLOBODAN MILOSEVIC TO THE INTERNATIONAL CRIMINAL TRIBUNAL
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 82, S. Res. 122.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 122) relating to the transfer of
Slobodan Milosevic to the International Criminal Tribunal for
Yugoslavia, and for other purposes.
There being no objection, the Senate proceeded to consider the
resolution, which was referred to the Committee on Foreign Relations
with an amendment and an amendment to the preamble, as follows:
[Omit the parts in black brackets and insert the part printed in
italic.]
S. Res. 122
Whereas Slobodan Milosevic has been transferred to the
International Criminal Tribunal for Yugoslavia to face
charges of crimes against humanity;
[Whereas the transfer of Slobodan Milosevic and other
indicted war criminals is a triumph of international justice
and the rule of law in Serbia;]
Whereas the reformist Government of the Federal Republic of
Yugoslavia freely exercised its sovereign right to cede
jurisdiction to prosecute Slobodan Milosevic to the
International Criminal Tribunal for Yugoslavia, thereby
fostering both the rule of law in Yugoslavia and
international justice;
Whereas corruption and warfare under the Milosevic regime
caused Yugoslavia extensive economic damage, including an
estimated $29,400,000,000 in lost output and a foreign debt
that exceeds $12,200,000,000; and
[[Page S7886]]
Whereas democrats and reformers in the Federal Republic of
Yugoslavia deserve the support and encouragement of the
United States: Now, therefore, be it
Resolved, That (a) the Senate hereby--
(1) recognizes the courage of Serbian democrats, in
particular, Serbian Prime Minister Zoran Djindjic, in
facilitating the transfer of Slobodan Milosevic to the
International Criminal Tribunal for Yugoslavia; [and
[(2) calls for the continued transfer of indicted war
criminals to the International Criminal Tribunal for
Yugoslavia and the release of all political prisoners held in
Serbian prisons.]
(2) urges the Government of the Federal Republic of
Yugoslavia, and other governments in the Balkans, to continue
to cede jurisdiction over indicted war criminals to the
International Criminal Tribunal for Yugoslavia; and
(3) calls for the release of all political prisoners held
in Serbian prisons.
(b) It is the sense of the Senate that the United States
should remain committed to providing foreign assistance to
support the success of economic, political, and legal reforms
in the Federal Republic of Yugoslavia.
Mr. CRAIG. Mr. President, I am not raising an objection to the
Senate's approval of S. Res. 122 regarding the transfer of former
Yugoslav President Slobodan Milosevic to the United Nations war crimes
tribunal. It is clear that the primary purpose of the resolution is to
applaud the fact that someone credibly alleged to have been a primary
instigator of heinous crimes be brought to justice. I applaud that
sentiment. A number of similarly culpable persons from all the groups
concerned should have to answer for what has occurred during the past
ten years of war and strife in former Yugoslavia, and by all accounts
Milosevic tops the list. His prosecution and, if he is found guilty
after a fair and open judicial process, his severe punishment are very
much in order.
However, despite my decision not to object to this resolution, I
think it is important to point out that it contains several elements
that do not serve United States interests. And some of what is stated
in it is not even accurate. Indeed, when an effort was made to pass
this resolution just prior to the July 4 recess, I asked that it be
held up until some of these could be addressed. It was then sent to
committee and some of the problematic portions were in fact made worse.
I wish to address some of these briefly.
First, just as a factual matter--and this is new language added in
committee--it is inaccurate to state, as the Resolution does in the
second ``Whereas'' clause, that ``the reformist Government of the
Federal Republic of Yugoslavia freely exercised its sovereign right to
cede jurisdiction to prosecute'' Milosevic. Actually, as far as anyone
knows, the federal Yugoslav government headed by President Vojislav
Kostunica, an old-fashioned patriot, who, incidentally, was the
translator of the U.S. Federalist Papers into Serbian, had nothing to
do with the Milosevic handover and in fact strongly opposed it, but was
circumvented by the Serbian republic government of Prime Minister Zoran
Djindjic.
Second, one can hardly say that this was a ``free exercise of
sovereignty.'' It is well known that the United States--mistakenly, in
my view, continuing the policies of the Clinton administration--had
threatened to boycott an international aid donors' conference unless
Milosevic were surrendered. It should be understood that this is not
just a matter of the U.S. withholding foreign aid. Rather, it amounts
to continuing a policy of sanctions against an economically devastated
country, and threatening to destabilize its weak democratic government,
until it disregarded its own laws and complied with our demands. I
could call this many things, but ``free exercise of sovereignty'' is
not one of them. Moreover, Prime Minister Djindjic's compliance with
this pressure is hardly an example of ``courage,'' as the resolution
calls it, especially since it is well known the extent to which he has
used the Milosevic handover to undermine his political rival, President
Kostunica.
Third, the same clause says the handover fosters ``the rule of law in
Yugoslavia.'' Again the opposite is true. When we have here, to give an
American analogy, would be as if an American State Governor violated
provisions of the U.S. constitution and policies set by the President
in order to comply with the wishes of foreign countries. Instead of the
rule of law, what has been fostered in Yugoslavia--and in its two
remaining republics, Serbia and Montenegro--is the idea that laws,
constitutional government, and national sovereignty are meaningless,
and that the only real authorities are the demands of foreign powers
and the ``jurisdiction'' of global United Nations ``justice,''
represented by the tribunal to which Milosevic has been delivered. For
a country trying to emerge from decades of dictatorship, this is
exactly the wrong message to send.
Fourth and finally, the same clause applauds the notion that the
Milosevic handover has fostered ``international justice.'' That
unfortunately is true, but I don't think it is reason for applause. As
many of my colleagues know, I am strongly and unalterably opposed to
the creation of a permanent International Criminal Court, of which the
Yugoslavia tribunal and its Rwanda counterpart are precursors. In
sending Milosevic to the U.N. tribunal--on charges arising in his own
country, specifically Kosovo, which is a province of Serbia--we are
helping to set a dangerous precedent for the ICC. We are saying to the
world that when the will of a United Nations ``court'' clashes with a
country's laws and constitution, the latter go into the trash can. I
cannot speak for my colleagues, but I would object to sending any
American citizen, no matter how evil the acts of which he was accused
and however guilty he might be, to a United Nations court, especially
if his alleged crimes took place in the United States. But we have
successfully demanded that Serbia and Yugoslavia do exactly that, and
similar demands are being made against the Bosnian Serb republic and
against Croatia. Serious crimes deserve serious punishment, but the
question is not one of whether justice will be done but before what
court and under whose authority.
At a time when U.S. troops are facing danger every day in Bosnia and
Kosovo--and may soon be sent, unwisely in my view, to Macedonia--the
policy consequences of setting in motion political events that may
destabilize non-democratic Yugoslavia and even help break up the
federation are counterproductive to U.S. interests and a threat to the
safety of our troops. For the reasons stated above, it has been a blow,
not a benefit, to democracy and constitutionalism. But worst of all, it
has lent credence to the principles supporting the ICC, which is a
direct threat to the sovereignty of our own constitutional republic and
our democratic institutions. I welcome the day that Milosevic and
comparable persons face justice for their deeds. But he should have
been allowed to face justice at home, in front of a court of his own
people, under his own laws and constitution, as President Kostunica
wanted. The fact that we have ensured that this will not occur is not
something for us to be proud of.
Mr. REID. Mr. President, I ask unanimous consent that the committee
amendment be agreed to, the resolution, as amended, be agreed to, the
amendment to the preamble be agreed to, the preamble, as amended, be
agreed to, the motions to reconsider be laid on the table, and that any
statements relating to the resolution be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment was agreed to.
The resolution (S. Res. 122), as amended, was agreed to.
The amendment to the preamble was agreed to.
The preamble, as amended, was agreed to.
The resolution, as amended, with its preamble, as amended, reads as
follows:
S. Res. 122
Whereas Slobodan Milosevic has been transferred to the
International Criminal Tribunal for Yugoslavia to face
charges of crimes against humanity;
Whereas the reformist Government of the Federal Republic of
Yugoslavia freely exercised its sovereign right to cede
jurisdiction to prosecute Slobodan Milosevic to the
International Criminal Tribunal for Yugoslavia, thereby
fostering both the rule of law in Yugoslavia and
international justice;
Whereas corruption and warfare under the Milosevic regime
caused Yugoslavia extensive economic damage, including an
estimated $29,400,000,000 in lost output and a foreign debt
that exceeds $12,200,000,000; and
Whereas democrats and reformers in the Federal Republic of
Yugoslavia deserve the support and encouragement of the
United States: Now, therefore, be it
Resolved, That (a) the Senate hereby--
(1) recognizes the courage of Serbian democrats, in
particular, Serbian Prime Minister
[[Page S7887]]
Zoran Djindjic, in facilitating the transfer of Slobodan
Milosevic to the International Criminal Tribunal for
Yugoslavia;
(2) urges the Government of the Federal Republic of
Yugoslavia, and other governments in the Balkans, to continue
to cede jurisdiction over indicted war criminals to the
International Criminal Tribunal for Yugoslavia; and
(3) calls for the release of all political prisoners held
in Serbian prisons.
(b) It is the sense of the Senate that the United States
should remain committed to providing foreign assistance to
support the success of economic, political, and legal reforms
in the Federal Republic of Yugoslavia.
____________________