[Congressional Record (Bound Edition), Volume 145 (1999), Part 11]
[Senate]
[Pages 16038-16039]
[From the U.S. Government Publishing Office, www.gpo.gov]



             GATHERING EVIDENCE FOR THE WAR CRIMES TRIBUNAL

  Mr. SPECTER. Mr. President, the War Crimes Tribunal, which was 
created by United Nations resolution for prosecuting crimes against 
humanity arising in the former Yugoslavia, has brought very significant 
indictments out of the events in Bosnia. There have been indictments; 
there have been some convictions. The work of the War Crimes Tribunal 
has taken on even greater significance as a result of what has happened 
in the war with Kosovo, with the very noteworthy and important 
indictment against President Milosevic of Yugoslavia.
  The Tribunal is now in the process of gathering evidence in Kosovo. 
Justice Louise Arbour, who is head of the War Crimes Tribunal and has 
given notice of her intention to leave to become a justice in the 
Canadian judicial system, visited the Senate back on April 30, 1999. 
She met with a group of Senators, including myself, and pointed out the 
need for the acquisition of evidence.
  There had been a preliminary allocation of some $5 million. That was 
supplemented in the emergency appropriations bill with the direction 
for an additional $13 million, for a total of $18 million to go towards 
the Tribunal.
  The FBI dispatched a group of investigators to acquire evidence in 
Kosovo, but they have run out of money. Those funds, I believe, are 
available in the Department of State. I have discussed this matter with 
the FBI Director Louis Freeh. I compliment the FBI and Director Freeh 
for their very prompt action in going to Kosovo to gather evidence.
  From my own experience as district attorney of Philadelphia, I can 
personally attest to the fact that evidence has to be acquired when it 
is fresh. If you do not get it with immediacy, it disappears.
  A part of the evidence acquisition has been to question women who 
were subjected to rape. In conversations with officials of the State 
Department yesterday, I found that the $50 million which has been 
appropriated for the United Nations High Commissioner on Refugees has 
not been released. So there is an urgency in making those funds 
available for a variety of purposes, including a substantial part of 
the $50 million to give attention to the women who have been rape 
victims--in part to counsel them for their own mental health and in 
significant part to acquire their testimony in the prosecution of those 
violent perpetrators of the rapes.
  So I make these comments and urge that we move ahead with this 
funding which has been authorized by the Congress, $50 million to the 
U.N. High Commissioner on Refugees, and also urge that funding be 
provided in accordance with the direction of the Emergency Supplemental 
Appropriations Bill so the FBI can have the funding to proceed 
immediately to Kosovo to gather this very important evidence.
  Ms. MIKULSKI. Will the Senator from Pennsylvania yield for a 
question?
  Mr. SPECTER. I will.
  Ms. MIKULSKI. First, I congratulate the Senator from Pennsylvania on 
his leadership in this area. As he knows, we have worked together, but 
he has certainly been in the forefront on the war crimes issue in 
particular, the issue of rape as a war crime. We thank him for that.
  Does the Senator from Pennsylvania know why the money is not being 
released?
  Mr. SPECTER. I thank my distinguished colleague from Maryland for 
those kind remarks.
  In response, I am advised by officials of the State Department that 
early on were some problems in the United Nations agency. There is 
chaos, as one might expect, in Kosovo. The Kosovars are returning to 
their homes. Some have raised a point that the money was not being 
officially utilized. I have been advised by the State Department that 
the issue has now been corrected; so when I made inquiries of the State 
Department yesterday to liberate $2 million for the FBI, I was told 
that they had this collateral problem and have begun discussions on the 
matter with our appropriate colleagues to get the funds released.
  Ms. MIKULSKI. Just for a point of information and clarification back 
to the Senator from Pennsylvania, in a meeting yesterday with the women 
of the Senate--a bipartisan meeting, I might add--I believe we were 
told there is a hold on this among our colleagues. Perhaps we can work 
together to lift that hold to ensure that the bureaucracy concerns are 
dealt with so we can go on with the mutual humanitarian concerns that I 
know we share on both sides of the aisle.
  Again, I thank the Senator for his leadership on this in the most 
sincere, kind way.

[[Page 16039]]


  Mr. SPECTER. If I may respond, that is consistent with what I was 
told. I did not want to use the expression ``hold'' because of the 
pejorative connotation in this Chamber. I made the same point by saying 
that there were obstacles to getting the funds released. But I think it 
is a matter of enormous importance. I am glad to hear the bipartisan 
group of women were meeting yesterday to exercise their leadership. 
This business about crimes against humanity and rape is just 
horrendous. We have to act, and act promptly.
  The PRESIDING OFFICER. The time of the Senator has expired.
  Under the previous order, the Senator from West Virginia is now 
recognized for 15 minutes.

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