Viewing cable 03ZAGREB2041
Title: FOREIGN MINISTER PICULA SEEKS USG COMMMENT ON

IdentifierCreatedReleasedClassificationOrigin
03ZAGREB20412003-09-19 05:09:00 2011-08-30 01:44:00 CONFIDENTIAL Embassy Zagreb
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L ZAGREB 002041 
 
SIPDIS 
 
 
DEPT FOR AC - A/S REDEMAKER AND EUR/SCE-MNARDI 
DEFENSE FOR OSD - RICARDEL 
 
E.O. 12958: DECL: 09/18/2013 
TAGS: PREL KAWC HR NATO
SUBJECT: FOREIGN MINISTER PICULA SEEKS USG COMMMENT ON 
ARTICLE 98 OPTION 
 
REF: ZAGREB 1887 
 
CLASSIFIED BY: POLOFF JUSTIN FRIEDMAN, REASONS 1.5 (B) & (D) 

¶1. (C) SUMMARY AND ACTION REQUEST: THE AMBASSADOR MET 
ONE-ON-ONE WITH FOREIGN MINISTER PICULA ON SEPTEMBER 17 TO 
DISCUSS KEY BILATERAL ISSUES IN ADVANCE OF HIS AND PRESIDENT 
MESIC'S TRIP TO NEW YORK FOR THE UNGA (IRAQ TROOP 
CONTRIBUTION COVERED SEPTEL).  ASKED BY THE AMBASSADOR ABOUT 
THE STATUS OF A GOC PROPOSAL FOR AN ARTICLE 98 AGREEMENT, AS 
WAS PROMISED TO US IN JUNE (REFTEL), PICULA SAID AN ARTICLE 
98 AGREEMENT WOULD BE DIFFICULT IN THE CURRENT CLIMATE. 
CONSISTENT WITH PREVIOUS GOC DISCUSSIONS, HE OFFERED TO 
NEGOTIATE AN AGREEMENT IN THE CONTEXT OF A SOME FORM OF 
MUTUAL LEGAL ASSISTANCE AGREEMENT.  NOTE: PICULA RAISED THIS 
OPTION WITH AMBASSADOR LINO IN JUNE, TO WHICH LINO RESPONDED 
THAT DESPITE THE WEAKNESSES INHERENT IN THIS OPTION, THE USG 
WOULD CONSIDER A GOC PROPOSAL.  PICULA HANDED THE AMBASSADOR 
A NON-PAPER (TEXT PARA 2) STATING THE GOC'S CURRENT POSITION 
AND INVITED A U.S. RESPONSE.  POST REQUESTS WASHINGTON 
RESPONSE TO THE APPROACH SUGGESTED BY MINISTER PICULA.  END 
SUMMARY AND ACTION REQUEST. 
 
¶2. (SBU) BEGIN GOC ARTICLE 98 POINTS (NOTE INTERNAL 
NUMBERING): 
 
REPUBLIC OF CROATIA 
MINISTRY OF FOREIGN AFFAIRS 
 
TALKING POINTS 
 
FOR A MEETING BETWEEN CROATIAN MINISTER OF FOREIGN AFFAIRS 
TONINO PICULA AND THE US AMBASSADOR RALPH FRANK (ARTICLE 98 
AGREEMENT) 

¶1.  STARTING FROM THE DIFFERENT POSITIONS OF THE UNITED 
STATES AND THE EU ON THE LEGAL NATURE AND PERMISSIBILITY OF 
SPECIAL AGREEMENTS ON NON-EXTRADITION TO THE ICC, AS WELL AS 
THE CROATIAN INTERNAL POLITICAL RELATIONS RELATED TO THE FACT 
THAT CROATIA CURRENTLY HAS AND WILL HAVE AN OBLIGATION TO 
COOPERATE WITH THE ICTY, WE NEED TO STATE THAT THE 
MANEUVERING SPACE IS RATHER LIMITED. 
 
¶2. DURING THE FIRST ROUND OF TALKS WITH THE US 
REPRESENTATIVES HELD IN JUNE 
2003 IT WAS STATED THAT THE ARTICLE 98 AGREEMENT (AS 
PROPOSED) IS HARDLY ACCEPTABLE FOR CROATIAN SIDE, ESPECIALLY 
IN LIGHT OF THE CLEAR STAND OF CROATIAN PUBLIC OPINION. 
 
* ADDITIONALLY, IN ACCORDANCE WITH OUR CONSTITUTION SUCH AN 
AGREEMENT SHOULD BE RATIFIED IN THE PARLIAMENT, WHICH COULD 
POSE AN ADDITIONAL PROBLEM. 
 
¶3.  THE CROATIAN SIDE SUGGESTED THAT THE PROBLEM CAN BE 
SOLVED WITHIN THE FRAMEWORK OF A WIDER AGREEMENT ON 
EXTRADITION AND LEGAL ASSISTANCE (OR JUST THE EXTRADITION 
AGREEMENT). 
 
¶4.  THE ELEMENTS OF SUCH AN AGREEMENT COULD BE AS FOLLOWS: 
 
A)    INSTEAD OF CONCLUDING A SPECIAL AGREEMENT ON 
NON-EXTRADITION TO THE ICC, A SUITABLE PROVISION COULD BE 
INCLUDED IN THE AGREEMENT BETWEEN CROATIA AND THE US ON 
EXTRADITION AND MUTUAL LEGAL ASSISTANCE (ALTERNATIVELY IN 
EXTRADITION AGREEMENT OR TWO SEPARATE AGREEMENTS CAN BE 
    CONCLUDED). SUCH AN AGREEMENT DOES NOT EXIST UP TO DATE AND 
THE AGREEMENT CONCLUDED BETWEEN THE US AND THE KINGDOM OF 
SERBIA, TAKEN BY SUCCESSION OVER BY CROATIA, IS CURRENTLY 
IMPLEMENTED. 
 
B)    IN THE AGREEMENT, WHICH BY ITS NATURE SHOULD BE 
DETAILED AND IT SHOULD ENCOMPASS DIFFERENT FORMS OF LEGAL 
ASSISTANCE, THERE WOULD BE A PROVISION THAT WOULD NOT BE 
EXPLICITLY REFERRING TO THE ROME STATUTE. INSTEAD, IT WOULD 
BE A PROVISION THAT WOULD GENERALLY DEAL WITH MUTUAL 
EXTRADITION ISSUES AND THE IMPLEMENTATION OF THE PRINCIPLE 
&AUT DEDERE, AUT JUDICARE8 (TO PROSECUTE OR TO EXTRADITE). 
 
ZAGREB, 17 SEPTEMBER 2003 
 
END GOC POINTS. 
FRANK 
 
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