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We are writing to you as a matter of urgency, to ask you to make accountability for war-time abuses in the former Yugoslavia a
priority of E.U. policy and to take immediate steps to ensure that all of those indicted by the International Criminal Tribunal for the
Former Yugoslavia (ICTY) are arrested and turned over to the Tribunal for trial. Specifically, we urge the E.U. to adopt a common
policy identifying cooperation with the ICTY, including the transfer of indictees, as a specific condition of future E.U. assistance to
the Federal Republic of Yugoslavia.

This is a critical moment for the Balkan peace process. While the changes in government in Croatia and the Federal Republic of Yugoslavia (FRY) have created an opportunity to end the cycle of nationalist violence that has plagued the Balkans, the transformation remains extremely fragile. Only a completed process of accountability, meted out fairly and consistently at the international level among all parties to the conflict can consolidate the peace and ensure lasting stability in the region.

In the Federal Republic of Yugoslavia, hopes of a clean break with the abuses of the past are being dashed by President Kostunica's blatant disrespect for the jurisdiction of the international tribunal. His statements challenging the objectivity or impartiality of the Tribunal and his obstinate refusal to cooperate promptly with the ICTY belie his stated commitment to uphold the rule of law. By contrast, other officials in the federal and Serbian governments have called publicly for the arrest and surrender of Milosevic to the Hague. The international community must unambiguously condemn Kostunica's refusal to cooperate with the Tribunal in the apprehension of indictees who remain on FRY territory and establish a clear set of benchmarks and a timetable for compliance that is clearly linked to future assistance. Any other response risks irreparably undermining the position of those in the governments of FRY and Serbia, not to mention Croatia, who are committed to full cooperation with the Tribunal as a matter of ethical and legal obligation and a necessary precondition for lasting peace and full reintegration into the international community.

The E.U. should not entertain suggestions that Milosevic can be tried for war crimes in a domestic court in FRY. Such proposals ignore FRY obligations under U.N. Security Council resolutions to defer to the Tribunal matters within its jurisdiction. This obligation applies to all of the indictees at large in FRY. Moreover, war crimes trials of the Serb leadership before domestic courts in FRY would enjoy no legitimacy among the victims of atrocities in Bosnia, Croatia, and Kosovo. For their sake, as well as long-term peace and stability in the region, the E.U. and its allies must emphatically insist on FRY cooperation with the ICTY.

In this vein, we heartily welcome reports that Prime Minister Persson has warned President Kostunica that continued E.U. aid will depend on his government's cooperation with the Tribunal. We call on the E.U. to reinforce this message:

· In public and private statements during the E.U. Troika visit to Belgrade on 9 February, we hope that E.U. officials will unequivocally specify that future aid to the FRY and Serbian governments will be conditioned on ICTY cooperation; and

· We urge the E.U. to adopt a common position at the 26-27 February General Affairs Council, identifying cooperation with the ICTY, including the transfer of indictees, as an unconditional benchmark to be achieved by a specified date to ensure future E.U. assistance to the FRY and Serbian governments (as has been the case regarding the governments of Bosnia and Hercegovina and Croatia).

At the same time that the E.U. signals the importance that it attaches to FRY cooperation with the ICTY, it is imperative that this message be reinforced by renewed efforts to bring to justice indictees remaining at large in Bosnia and Hercegovina. The long-standing impunity enjoyed by Bosnian Serb war-time leader Radovan Karadzic and other perpetrators of ethnic cleansing, serves only to embolden those in Bosnia and throughout the region who continue to harbor a nationalist vision and pursue incendiary politics to that end, undermining moderate leaders' efforts to promote reconciliation, Western integration, and political and economic reform. Whether through negotiated surrenders or NATO arrest operations, all indicted war crimes suspects in Bosnia and Hercegovina must be brought to justice. We hope that this remains a priority for E.U. policy in the Balkans.

Thank you very much for your attention to our concerns.

Sincerely,

Holly Cartner
Executive Director
Europe and Central Asia Division

Lotte Leicht
Director
Brussels Office

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