[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Pages 13623-13624]
[From the U.S. 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
       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

[[Page 13624]]

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 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.

                          ____________________