Select Committee on European Scrutiny Nineteenth Report


10.International Criminal Tribunal for former Yugoslavia (ICTY)

(24456)

8157/03

Council Common Position in support of the effective implementation of the mandate of the ICTY.

Legal baseArticle 15 EU; unanimity
Document originated15 April 2003
Deposited in Parliament29 April 2003
DepartmentForeign and Commonwealth Office
Basis of considerationMinister's letters of 31 March and 28 April 2003 and EM of 28 April 2003
Previous Committee ReportNone
Discussed in Council14 April 2003 GAERC
Committee's assessmentPolitically important
Committee's decisionCleared

Background

The Minister for Europe (Mr Denis MacShane) informed us by letter on 31 March that the UK had been leading efforts to reach agreement on this new measure and expected a consensus on it at the April General Affairs and External Relations Council (GAERC). It would impose a travel ban on those who aid and abet several high-profile persons indicted by the International Criminal Tribunal for former Yugoslavia (ICTY). These individuals would be designated in an annex.

According to the Minister, indictees such as Radovan Karadzic, Ratko Mladic and Ante Gotovina have evaded justice for many years, due in large part to the financial and practical assistance they have received from relatives and supporters. Some indictees are accused of horrific war crimes. Recently, Lord Ashdown, the EU Special Representative in Bosnia, took decisive action by isolating, financially, individuals who have been aiding Karadzic. This move added momentum to discussions on sanctions which had been taking place in the Council Working Group on the Western Balkans.

Political agreement on the Common Position was reached at the April General Affairs and External Relations Council and it was adopted by written procedure on 16 April.

The Government's view

The Minister says that Government believes that the travel restrictions outlined in the Common Position will severely hamper the ability of the individuals designated to harbour and support these suspected war criminals. In order to reach agreement in time for the 14 April GAERC, the list is limited to two individuals but work is proceeding to extend it.

Conclusion

We note and applaud the active role taken by Lord Ashdown, the EU Special Representative in Bosnia and Herzegovina, which had the effect of giving momentum to this important measure.

No text was available for scrutiny before Easter and we accepted the Minister's undertaking to submit one as soon as it became available. We thank him for doing so at the first opportunity, and clear the document.


 
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