[Congressional Record (Bound Edition), Volume 150 (2004), Part 5]
[Senate]
[Page 5862]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          SERBIA AND THE HAGUE

  Mr. LEAHY. Mr. President, today, March 31, is the deadline in our law 
for the Secretary of State to certify that the Federal Government of 
Yugoslavia--now the Government of Serbia and Montenegro--is meeting 
three conditions enumerated in Section 572 of the Foreign Operations 
Appropriations Act of 2004. The first of those conditions is that the 
Government of Serbia and Montenegro is ``cooperating with the 
International Criminal Tribunal for the Former Yugoslavia including 
access for investigators, the provision of documents, and the surrender 
and transfer of indictees or assistance in the apprehension, including 
making all practicable efforts to apprehend and transfer Ratko 
Mladic.'' I am informed by the State Department that the Secretary 
declined to certify that Serbia has met this condition. I applaud his 
decision.
  This law, first enacted in 2000, was instrumental in pressuring 
Serbian authorities to apprehend Slobodan Milosovic and transfer him to 
the ICTY. It has also been the impetus for further arrests of other 
indictees.
  But over the years, Serbia's cooperation with The Hague has been 
inconsistent, often grudging, and usually only on the eve of a cut-off 
of U.S. assistance. President Kostunica has made no secret of his 
disdain for the tribunal. This is unfortunate, because unless the 
Serbian Government, and the Serbian people, support efforts by the ICTY 
to bring individuals accused of war crimes to justice, Serbia's 
political and economic development will continue to suffer. The fact 
that Ratko Mladic, who was responsible for some of the worst atrocities 
of the Balkans war, remains at large, is unacceptable.
  Senator McConnell, the Chairman of the Foreign Operations 
Subcommittee, and I have worked together to maintain U.S. assistance to 
Serbia in the Foreign Operations budget, subject to the conditions. I 
join him in commending the Secretary for declining to make the 
certification. I also agree with Senator McConnell that if Mr. Mladic 
is turned over to the ICTY, we should review the certification law. 
While it is necessary that the other indictees be apprehended and 
surrendered, the capture of Mladic would be a very important, positive 
step.

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