9 International Criminal Tribunal for
former Yugoslavia
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| Draft Common Position concerning further restrictive measures against ICTY indictees
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| Legal base | Article 15 EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 5 April and EM of 6 April 2004
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| Previous Committee Report | None
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| Discussed in Council | 26 April 2004 GAERC
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
9.1 A travel ban is already in existence against fugitive indictees
of the International Criminal Tribunal for (former) Yugoslavia
(ICTY) such as Radovan Karadzic, Ratko Mladic and Ante Gotovina,
who are still at large, and those who aid and abet them, through
Common Position 2004 12931CFSP of 30 March 2004, which renewed
measures first imposed in 2003.[8]
9.2 On 28 August 2003, the United Nations Security
Council adopted Resolution 1503, which urged Member States to
consider imposing measures including asset freezing against individuals
and groups or organisations assisting indictees at large to continue
to evade justice.
The Government's view
9.3 The Government believes that Mladic, Karadzic
and Gotovina have evaded justice for many years largely due to
the financial and practical assistance they have received from
relatives and supporters, and that strengthening the measures
against the indictees, in line with UNSCR 1503, by imposing an
EU-wide asset freeze will further hamper the ability of individuals
to harbour and support these suspected war criminals, and so help
to bring them before the ICTY. The Government has accordingly
pressed for the EU to adopt measures to freeze the assets of the
indictees. Political agreement has been reached on an EU Common
Position that will seek to impose an asset freeze on the indictees
for a period of 12 months. The Government is keen to secure agreement
on this Common Position, which is expected to be formally adopted
at the General Affairs and External Relations Council on 26 April
2004.
9.4 The proposed measures will be accompanied by
a Council Regulation, to be adopted under the EC Treaty. The
Minister for Europe (Mr Dennis MacShane) explained in his letter
of 5 April 2004 to the Committee that he expected the accompanying
draft Council Regulation to be issued later this month, using
a triple legal base of Articles 60, 301 and
308 of the EC Treaties. He notes that the measure would follow
the precedent of similar measures for persons not connected with
a particular third State and that this was the method used to
implement UNSCR 1267 (1999) against the Taliban and Al-Qa'ida
at the EC level.
Conclusion
9.5 We accept the Minister's undertaking to submit
the accompanying draft Council Regulation for scrutiny as soon
as it becomes available. In the meantime, we clear this document.
8 (24456) 8157/03; HC 63-xix (2002-03), para 10 (30
April 2003). Back
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