Gotovina FOI Digest

No Date Info Title Sender / Recipiant Information Author 1 13/11/12 Email RE: Gotovina Looks fine to me Lines We will deploy the same if asked about Markac as well.

2 13/11/12 Email 20121108 Fact Sheet. Pdf; Some finalised FCO press lines on the judgement of Gotovina's appeal attached (with lines prepared for three 20121109 different outcomes) - expected on 16 November (at the same time as the judgement on Sanader in Croatoa on Appeals Verdict his corruption charges). Press Lines Thanks,

3 14/11/12 Email ICTY Appeals David Slinn Dear all, Verdict / (Restricted); Gotovina and You might be interested in knowing that local media are planning on following the ICTY Appeals Court closely Markac this Friday morning.

Two of the nationwide Croatian television broadcasters (HTV, NOVA) will follow the event with live programmes (starting at 08:30 local time/07:30 GMT+1). The www.dnevnik.hr website will also follow the reading of the verdict—and I expect others to do so.

Along with the live broadcast from the Netherlands, the media will be following support rallies from Zagreb (Ban Jelacic Square), Pakostan (Gotovina’s birthplace), Durdevac (Markac’s birthplace), Knin and other cities and towns in Croatia. Organisers (veterans groups) of the support rally in Zagreb expect 100,000 people.

In-studio commentary will be provided by legal experts after the verdict is read. Guests in the studio will include people who were active during the Homeland War, politicians, historians, etc.

HRT plans on looking at questions such as “how did joint criminal enterprise fall?” and “What happened to ‘excessive shelling’?”

Croatians can send their pictures and messages to the generals via Nova TV. The broadcaster has created an e- mail address ([email protected]) for this purpose.

If I find any more plans re: coverage of the Gotovina and Markac appeal, I shall let you know.

Best,

4 14/11/12 Email Gotovina: vigil To be aware, but that politicians are barred. This report comes from the state HINA new agency but is well on Friday down the list – well below, for example, HMA’s appearance in the regional town of Rijeka to promote proper use of EU funds. Once upon a time Gotovina would have been top of the list. An indication of how things have changed.

5 15/11/12 Email Re: Amended Press Lines - Sorry to do this to you, but some further comments have come in on the Ante Gotovian / ICTY verdict press Gotovina lines. Please can you replace the lines I sent you on Monday with these (attached) lines? Appeal Verdict The changes are very minor. They have been made to take account of the fact that two appeal verdicts (Gotovian and Markac) will be delivered on Friday. Our previous lines focused solely on Gotovina. Our key messaging remains the same, but the attached lines can be delivered for any verdict in either case.

Thanks,

6 15/11/12 Email CROATIA: David Slinn DL Zagreb RESIGNATION (Restricted) Political Meanwhile, the Government is also bracing itself for the possibility of what it would regard as a [redacted] OF FIRST Section decision on Gotovina in The Hague on Friday. Up to 100,000 pro-Gotovina demonstrators are expected in DEPUTY PRIME (Restricted); Zagreb for the verdict. MINISTER CACIC

7 16/11/12 Email Fw: Serbia David Slinn Legacy (Restricted); We can see the fallout from Gotovina's acquittal already. Judging by [redacted] reaction I think we can expect Conference Nigel Casey further recriminations against the ICTY, if not now then certainly after Haradinaj's verdict. postponed (Restricted);

8 16/11/12 Email A quick Quick transcript of the PM’s press conference. The President speaks at 11am. transcript on PM's statement A rock has fallen off our heart because we all together have a heart. This has lasted 17 years, it is important that people go home to their families. This decision is important for all of Croatia. This case was difficult, the decision was split [3-2] which says how thin a line there is between success and failure, between truth and untruth, between justice and injustice for us.

It is obvious that two innocent people were in the Hague but that does not mean that the war was not bloody and that there were not mistakes, but for that responsibility lies with the State, not Markac and Gotovina. Towards those that did make mistakes Croatia will fulfil its debt of justice [we think this means continue to pursue war crimes trials]. Thank you to Gotovina & Markac who have for Croatia spent this much time [in jail].

9 16/11/12 Email HLC on the Dear Sir or Madam, Acquittal of Please find attached Press Release HLC on the Acquittal of Gotovina and Markac. Gotovina and Yours Faithfully, Markac

10 16/11/12 Email Press Lines on Paul All, ICTY/Croatia: Arkwright Here are the press lines on the ICTY’s Acquittal of Gotovina and Markac. Background and my reporting e-mail Acquittal of (Restricted); below. Gotovina &

Markač Q: What is the UK’s view on the acquittal? - We respect the verdict - it has been reached in an international court of law.

If pressed: Is the UK disappointed with the verdict? - It would be inappropriate to comment. This has been an independent judicial process and the judges have made their decision based on the evidence put forward by the prosecution and defence. We have to respect that process.

Q: Does this acquittal undermine the authority / integrity of the ICTY? - Absolutely not. Acquittals are not uncommon. And an individual’s right to appeal against his or her conviction is an enshrined right. If anything, the acquittal affirms the ICTY’s commitment to the delivery of justice.

Q: Gotovina / Markac was convicted of serious crimes during Operation Storm. How does his acquittal help to deliver justice to the victims of these crimes? - The fact that Gotovina / Markac has been put on trial is the key point. His trial has provided all sides with the opportunity to argue their cases in a court of law. Further questions on this matter should be addressed to the ICTY.

Q: A number of documents were requested by the Prosecution but never delivered by the Croatian. What bearing on the decision did the missing documents have? - The judges based their decision on the information at their disposal. We understand that the Croatians are still searching for these documents and the Prosecution had stopped requesting them.

Q: Will there be any impact on other war crimes / ICTY cases? - That is a question for the tribunal.

Q: What will now happen to Gotovina / Markac?

- Unknown. He may return to Croatia, but this is not guaranteed to happen. The ICTY is better placed to answer this question.

BACKGROUND 1. Ante Gotovina is a former Croatian General. He served in the Croatian War for Independence in the early 90s. 2. In 2001, Gotovina was indicted for war crimes and crimes against humanity. After spending four years in hiding, he was apprehended (December 2005) and put on trial at the ICTY. In April 2011, Gotovina was found guilty and sentenced to 24 years in prison. Gotovina has appealed against his conviction. The verdict of this appeal will be delivered on Friday 16 November. 3. Gotovina is a popular figure in some parts of rural Croatia, notably the area where Operation Storm liberated Croatian territory. 4. Mladen Markac, Commander of the Croatian Special Police during Operation Storm (and a close ally of Gotovina) has also appealed against his 18 years sentence. The outcome of his appeal will also be announced on 16 November. It is possibility that one of the two men will be acquitted and the other will have their sentence upheld. 5. The majority of the victims of Operation Storm were Croatian Serbs. An acquittal could be seen to rob these victims of justice.

11 16/11/12 Email Gotovina and PM Milanovic will make a statement at 10am. Govt plane with Ministers of Defence & Veterans being sent to Markac freed by bring them back. ICTY Sent: 16 November 2012 09:48

Subject: RE: Updated: Gotovina Appeal Verdict Press Lines Importance: High

The Generals have been freed by ICTY. More to follow.

12 16/11/12 Email FW: ICTY Press Release - Appeals The Minister will wish to be aware of the ICTY press release below. The Croatian Generals Gotovina and Chamber Markac have had their convictions overturned by the ICTY Appeals Chamber and have been released with Acquits and immediate effect. The Croatian government has sent a plane to bring the Generals back to Croatia and the Orders Release Prime Minister is due to make a statement at 10:00 (UK time). A mass vigil has been held in central Zagreb, of Ante where crowds have been able to watch the appeals verdict on big screens. We will provide a fuller update Gotovina and later in the day. Mladen Markač Press lines have been agreed and circulated to post and to press office and are attached should you need them.

Many thanks,

13 16/11/12 Email FW: Appeal Nigel Casey * Yes, upheld (Restricted); Michael It is Gotovina and Marcic who have just been acquitted on all counts at the ICTY. They will walk away from the Davenport Court as free men. (Restricted); David Slinn I have just got back into the Embassy from the Court, where I was sat behind Gotovina's brother (seemingly). (Restricted); Quick e-mail to issue now and then a joint Hague/Zagreb DipTel later today. DL Europe - EuD - WBE Section Heads (Restricted) 14 16/11/12 Email FW: ICTY Press David Slinn Release - (Restricted) Your separate email refers. The cases are two Croatian generals – details below. Both are high profile in Appeals Croatia and so the decisions are significant. The Hague (who were in court) and Zagreb will be issuing a joint Chamber diptel later today, as will a further WBE update. Acquits and Orders Release Given the significance and profile of the cases, you might want to mention to the Foreign Secretary. Our of Ante responsive lines are attached. Gotovina and Mladen Markač

15 16/11/12 Email FW: ICTY/CROATIA: As promised earlier, please find below the Hague / Zagreb joint Diptel on the acquittal of the Croatian Generals GOTOVINA AND Gotovina and Markac by the ICTY Appeals Chamber. MARKAC ARE ACQUITTED Thanks, [DIPTEL 1209939]

16 16/11/12 Email David Slinn To: A sidebar to today’s acquittal of Gotovina and Merkac on which there might be some UK media comeback, (Restricted) DL Zagreb although there is probably less risk given the verdict that has now emerged. Political Section Amongst blanket coverage anticipating today’s ICTY judgement, this morning’s Vecernji List published an article (Restricted); in which Gen Timothy Granville-Chapman (UK, retired) was quoted as saying that “News that Gotovina has not been not freed would be bad news for our soldiers in Afghanistan”. Similar headlines attributed to Grenville- Chapman have been quoted in local media a number of times in recent months, and refer to his contention that had the 200m limit been upheld, the door could be opened for legal action against British forces in Afghanistan.

David

17 16/11/12 Dip Tel ICTY/CROATIA: To: Diptel FCO Diptel ZAGREB (Restricted) : Foreign & Commonwealth Office Diplomatic Telegram GOTOVINA AND Europe Summary: Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) acquits MARKAC ARE (Restricted); Ante Gotovina and Mladen Markač, who had been sentenced in 2011 to 24 and 18 years for war crimes and ACQUITTED Diptel FCO crimes against humanity. Both men are free and are expected in Zagreb at 1545Z. Reactions. Joint diptel from [DIPTEL Human Rights Zagreb and The Hague 1209939] and Democracy DETAIL (Restricted); 1. The Appeals Chamber (AC) gave a damning assessment of the first instance trial although, throughout, Diptel FCO two of the five judges dissented. The AC called into doubt the initial trial chamber’s conclusion that the shelling International of four towns in the Kraijna was unlawful: the AC said it was a legitimate act of war. This meant the link to a Organisations “Joint Criminal Enterprise” between Gotovina and Markač and more senior Croatian politicians led by then- (Restricted); President Tudjman was dismissed. The AC dismissed the initial trial chamber’s findings that shells that landed Diptel FCO over 200m away from a legitimate target were tantamount to indiscriminate shelling. Press and 2. The AC considered whether Gotovina & Markač should be convicted on a lesser charge of liability Digital (instead of “command responsibility” under a Joint Criminal Enterprise) such as ‘aiding and abetting’. The AC (Restricted); found insufficient evidence to convict either and also said that the initial trial chamber’s reasoning had been Diptel vague, and provided insufficient evidence to support the accusation that Gotovina ignored crimes being

Western committed by his troops and did not do enough to prevent it from happening. Balkans Posts 3. Presiding Judge Meron therefore acquitted the Generals, who are free men. (Restricted); Croatian reactions Diptel UNSC 5. In a press conference at 0900Z, Prime Minister Milanovid was calm and measured, and showed no Posts triumphalism. He saw the decision as a relief for Croatia: “a rock has fallen from our heart; we all together have (Restricted); a heart; this has lasted 17 years, it is important that people [comment: the Generals] finally get to go home to Diptel Europe Posts their families. This decision is important for all of Croatia. This case was difficult, the decision was split [3-2] (Restricted); which says how thin a line there is between success and failure, between truth and untruth, between justice and injustice for us. Two innocent people were in The Hague but that does not mean that the war was not bloody and that there were not mistakes, but for that responsibility lies with the State, not Markač and Gotovina. Towards those that did make mistakes Croatia will fulfil its debt of justice [comment: we think this means continue to pursue war crimes trials]. Thank you to Gotovina & Markač who have for Croatia spent this much time [in jail]. 6. Speaking an hour later, the mild-mannered President Josipovid was more animated but still calm and collected. A lawyer himself, he recalled his rejection of the April 2011 decision. He had never believed Storm was a Joint Criminal Enterprise. There were crimes, but the Generals had not been responsible for them. But Croatia did not carry out ethnic cleansing and the verdict had strenghthened his belief in international law. It is our responsibility to take care of all victims of crimes, there were crimes, unfortunately, on both sides.

7. Other politicians, especially those on the right-wing, have been more [redacted] : former Prime Minister Kosor called it “one of the happiest days of our lives”. Meanwhile, the leading Croatian Serb politician Milorad Pupovac did not see the decision as good for the victims and the continuation of reconciliation in the region. It was still important to answer the question of who is responsible for the murders, expulsion, destruction and arson.

Popular Reaction 8. A few thousand people gathered on the main square in Zagreb, Trg Bana Jelačida, to listen to the verdict. Many of them were Homeland War veterans and also people who had come from coastal towns last night, especially from the areas liberated by Operation Storm. The verdict triggered jubilant celebration. Similar pictures were reported, and carried live on TV, from especially the same coastal towns where Gotovina has remained a hero. Schools in some areas, including Zagreb, have been closed for the day. 9. Zagreb is now readying itself for the the arrival of Gotovina and Markač on a Government plane sent to collect them, on which they will be accompanied by the Ministers of Defence and Veterans. The (right-wing) Mayor of the Velika Gorica, the municipality where the airport is situated, has issued a call for people to come on to the streets to welcome the returnees as they set off to the centre of Zagreb. They are expected to go to greet the crowds in Trg Bana Jelačida.

SLINN

Contact DAVID SLINN | AMBASSADOR

18 16/11/12 Email Serbia – Belgrade - Serbia – reactions to the ICTY decision on releasing Gotovina and Markac reactions to the Political ICTY decision on (Restricted); The decision of the ICTY Appeals Chamber to overturning the guilty verdicts against former Croatian generals releasing DL Belgrade - Ante Gotovina and Mladen Markac and ordered the immediate release from custody caused a storm of Gotovina and Projects and negative reactions in Serbia. Markac Public Diplomacy (Protect); Ruling Serbian Progressive Party (SNS) in its press release stated that “the Hague Tribunal legalised all the horrible crimes committed over Serbs during Storm”. They have added that this decision showed that the Tribunal is more often making political rather than legal decisions. The party expressed its disappointment over “the relation international institutions showed towards Serb people, ignoring facts and disrespect of Storm victims”. SNS concluded that, regardless of the decision, nobody can annul what has happen and make us forget thousands of civilians have been killed during Storm and that Serb people have been evicted from their homes, which were looted and burned down.

Public is outraged with the decision labelling it, at different forums, news websites etc., as yet another example of the ICTY impartiality and injustice which will open the space for those extreme and anti-EU forces in Serbia. Many of them are adding that probably the next in line for full liberation is Ramush Haradinai.

We expect this issue to dominate public domain (politicians, NGO as well as general public) over the weekend and therefore more comprehensive report on reactions in Serbia shall be sent on Monday.

19 16/11/12 Email ICTY/Croatia: Nigel Casey * Dear All, Acquittal of (Restricted); 1. This is a quick e-mail before a joint DipTel from The Hague and Zagreb later today. Gotovina & Michael 2. Today at about 9:45 Dutch time the Appeals Chamber of the International Criminal Tribunal for the former Markač Davenport Yugoslavia (ICTY) acquitted two high profile Croatians, Ante Gotovina’s and Mladen Markač’s convictions for (Restricted); war crimes and crimes against humanity. Both men will now walk away from the Court as free men with full David Slinn acquittals. I was in the public gallery, sat behind all the family members. As each grounds for appeal upheld by (Restricted); the appeals chamber they were gasps and then huge cheers went up from the crowd as the formal acquittal DL Europe - was read out by ICTY President Meron.

EuD - WBE Section Heads Serbian Reactions, Kosovo & Haradinaj Judgment (Restricted); 3. Due to questions issued by the Appeals chamber during the summer, asking for more reasoning from both DL IOD - ICTY sides around the shelling of 4 towns (which forms the main part of the case), we thought that a full or partial (Restricted); acquittal was possible (and drew up press lines accordingly). However, we need to be cautious about the DL Belgrade - Croatian and our own reaction as on Nov 29 the ICTY will issue its verdict in the retrial of former Kosovan PM, Political Haradinaj. (Restricted); DL Europe - The Appeals Chamber’s Reasoning EuD - WBE 4. The appeals chamber gave a damning assessment of the first instance trial and the ICTY Prosecutions case BiH although, throughout, 2 judges gave dissenting views, out of the bench of five appeal judges. The appeals (Restricted); chamber called into doubt the initial trial chambers work on judging that the shelling of fours towns in the DL Hague Kraijna was unlawful. Once this was judged a legitimate act of war then the link (the Joint Criminal Enterprise) Policy between Gotovina and Markic and other more senior Croatian politicians who were ordering crimes against (Restricted); Serbs was weakened and eventually dismissed. As part of this they dismissed the initial trail chambers findings DL Europe - that shells that landed over 200m away from a legitimate target was tantamount to indiscriminate shelling. EuD - WBE Kosovo 5. The appeals chamber also considered whether Gotovina & Markač should be convicted on a lesser mode of Section liability (instead of command responsibility under a Joint Criminal Enterprise) such as ‘aiding and abetting’. (Restricted) Again they found insufficient evidence to convict either at this level despite the shelling of these towns forcing Cc: the Serb population to leave and seek sanctuary outside of Croatia. The Appeals Chamber also said that the Paul initial trial chambers reasoning and been vague and insufficient towards the accusation that Gotovina ignored Arkwright crimes being committed by his troops and not done enough to prevent it from happening. (Restricted); 6. I attach the ICTY press release and judgment for those that want more precise detail.

Who are Gotovina & Markač 8. Mr. Gotovina was a Colonel General of the Croatian Army (HV). In 1995, he served as the commander of the HV’s Split Military District and as the overall operational commander of a military offensive known as “Operation Storm” in the southern portion of the Krajina region. Mr. Gotovina was arrested in Spain on 7 December 2005 and transferred to the Tribunal on 10 December 2005. 9. Mr. Markač was the Assistant Minister of the Interior and Operation Commander of the Special Police in Croatia in 1995. Mr. Markač surrendered to the Tribunal on 11 March 2004.

20 16/11/12 Email A quick internal Nigel Casey Cc: David update on (Restricted) Slinn This is obviously pretty big news here too and no doubt even more so in Serbia. You might want to include in reactions after (Restricted); your DipTel a ref to reactions in BiH – see below. If any more significant local comment follows we’ll copy it to ICTY decision on Michael you. Gotovina and Davenport Markac case (Restricted) Nigel

Sent: 16 November 2012 11:20 To: Nigel Casey * (Restricted); Subject: A quick internal update on reactions after ICTY decision on Gotovina and Markac case

21 16/11/12 Word Lines to take: N/A N/A Lines to take: Result of Ante Gotovina & Mladen Markac appeals – 16 November Document Result of Ante Gotovina & 1: If Gotovina / Markac’s convictions are upheld: Mladen Markac appeals – 16 Q: What is the UK’s view on the verdict? November - We respect the verdict. The conviction(s) has / have been upheld in a court of law. If pressed: UK opinion. - The verdict sends out a powerful message - anyone who commits serious international crimes, will be held accountable for their actions and face justice.

Q: Gotovina / Markac is a popular figure in his home country. How will the court’s decision be received in Croatia? - The verdict was reached in a court of law. We are confident that the Croatian authorities understand the importance of respecting the ICTY’s decision. If pressed: Croatian reaction. - The ICTY is an impartial UN organisation. Further questions on this matter should be directed to the court.

Q: What will happen now? Where will Gotovina / Markac serve his sentence? - Unknown. The ICTY is better placed to answer this question.

Q: Will the verdict have any impact on Croatia’s accession to the EU? - The verdict is against an individual, not Croatia. Full cooperation with the ICTY has been and remains a requirement of Croatia’s EU accession. We expect that to continue. Therefore there is no reason for this verdict to affect Croatia’s EU accession.

2: If Gotovina / Markac are acquitted on some, but not all, charges and / or their sentences are reduced:

Q: What is the UK’s view on the verdict?

- We respect the verdict. It has been reached in a court of law. If pressed: UK opinion. - Anyone who is accused of committing serious crimes must be held accountable and face justice. But at the same time, it is equally important that these individuals receive open and fair trials. The court’s decision shows that Gotovina / Markac has received a fair trial.

Q: How will the court’s verdict be received in the region? - Hard to say. But it is important that all sides respect the verdict. If pressed: Does the ICTY have a political agenda? - The court is an impartial UN organisation. The ICTY does not have a political agenda or favour certain states over others.

Q: What will happen now? Will there be a retrial? - That is a question for the ICTY.

3: If Gotovina / Markac is acquitted:

Q: What is the UK’s view on the acquittal? - We respect the verdict - it has been reached in an international court of law. If pressed: Is the UK disappointed with the verdict? - It would be inappropriate to comment. This has been an independent judicial process and the judges have made their decision based on the evidence put forward by the prosecution and defence. We have to respect that process.

Q: A number of documents were requested by the Prosecution but never delivered by the Croatian. What

bearing on the decision did the missing documents have? - The judges based their decision on the information at their disposal. We understand that the Croatians are still searching for these documents and the Prosecution had stopped requesting them.

Q: Will there be any impact on other war crimes / ICTY cases? - That is a question for the tribunal.

Q: What will now happen to Gotovina / Markac? - Unknown. He may return to Croatia, but this is not guaranteed to happen. The ICTY is better placed to answer this question.

BACKGROUND 1. Ante Gotovina is a former Croatian General. He served in the Croatian War for Independence in the early 90s. 2. In 2001, Gotovina was indicted for war crimes and crimes against humanity. After spending four years in hiding, he was apprehended (December 2005) and put on trial at the ICTY. In April 2011, Gotovina was found guilty and sentenced to 24 years in prison. Gotovina has appealed against his conviction. The verdict of this appeal will be delivered on Friday 16 November. 3. Gotovina is a popular figure in some parts of rural Croatia, notably the area where Operation Storm liberated Croatian territory. 4. Mladen Markac, Commander of the Croatian Special Police during Operation Storm (and a close ally of Gotovina) has also appealed against his 18 years sentence. The outcome of his appeal will also be announced on 16 November. It is possibility that one of the two men will be acquitted and the other will have their sentence upheld. 5. The majority of the victims of Operation Storm were Croatian Serbs. 6. A fact sheet is attached for further information. 22 19/11/12 Email Gotovina etc - Can you put together this morning a compilation of quotes from key people/other salient points over the quotes needed weekend that I can use as material for the diptel on Gotovina / Markac (Serbian reactions only) that [redacted] for diptel asked me to draft please? I’ll then do a first draft and discuss with you before we send this afternoon.

[redacted] – thanks for your initial report on Friday – just what was needed. I’ll be using bits of that to help with the drafting too, so we only now need stuff that’s been said/done since then.

If you have any key points you think are worth including in terms of the implications of the judgements, please flag them up now too – and I’ll consider how to factor them in.

Thanks very much

23 19/11/12 Email Re: German From: .BELG Speaking MIL-1 Thanks for the translation. I will put the topic on the discussion list as well. Meeting For the time being we can/should discuss 5 topics: 5. Decision of the ICTY concerning General Ante Gotovina and Mladen Markac

I will not provide paper work for the different topics because I am sure, everybody is very well informed about the different issues. Focus should be the discussion and share of opinions.

Best regards

24 19/11/12 Email BiH reactions to Nigel Casey David Slinn acquittal of Gotovina & BiH: REACTIONS TO RELEASE OF GOTOVINA & MARKAC Markac The release of Gotovina and Markac has been one of the biggest stories in the BiH media over the last three days. It sparked strong and deeply polarised reactions among BiH’s constituent peoples, which are summarised below, with thanks to [redacted] and [redacted].

Bosnian Croats

Representatives of Croat political parties and associations in Bosnia have expressed their happiness with the Tribunal’s ruling. Croatian flags and pictures of the two generals have been put up around Croat-populated towns in Bosnia. The media aired the delivery of the not guilty verdict live.

Bosnian Serbs

RS PM Dzombic issued a press release: ‘with the acquittal for Ante Gotovina and Mladen Markac the ICTY has legalized the biggest ethnic cleansing in this region since WWII. This is a slap in the face to us all, slap in the face of justice and ruthless insult and humiliation for all Serb victims of Croatian war operations. This is a falsified history, how else to explain to families 20,000 killed and 230,000 expelled Serbs that the act that they were cleanse from their homes or killed in refugee convoys, is not a crime. Even worse, what is the message to all those Serbs who have returned and wish to return to their homes. Unfortunately, Serbs in RS and BIH have also been through this scenario after court decisions to Naser Oric, Jovan Divjak, and no indictment against Atif Dudakovic. We need not bigger proof that for a long time the IC did not want to apply same standards to all in

the Balkans and I am convinced that, eventually, they will be faced with the consequences.’

A religious ceremony was held in Banja Luka to commemorate Serb victims killed in operation Storm on Sunday. Similar messages could be heard from participants, who called on justice for 2,000 people killed (registered as missing), for allowing excavation on 413 locations where victims have been buried, and for suing Gotovina for commanding crimes against Serbs in Maestral action in Mrkonjic Grad in September 1995. The RS press also carried stories from Croatian press claiming that general Gotovina prepared his military action with the help of CIA director George Tenet near Zadar in July 1995.

RS Media also gave a lot of space to separated opinions of the two ICTY judges who voted against the acquittal and carried them in entirety. As already reported in MIA, Banja Luka is full of posters of three judges who supported it with letters: ‘shame on you’ over their faces. Also, RTRS investigated how much money Croatian state spent for defence of two generals (which amounted to 27 million EUR), while RS or Serbia were not allowed to support their indictees at all or with very small amounts.

Bosniaks

Nigel Casey British Ambassador, Tina Ujevica 8, SARAJEVO,

25 19/11/12 Dip Tel SERBIA: Diptel Diptel FCO Diptel BELGRADE (Restricted): Foreign & Commonwealth Office Diplomatic Telegram REACTIONS TO BELGRADE (Restricted) Summary: Universal condemnation of the ICTY decision to release Croatian generals Gotovina and Markac. ICTY (Restricted) JUDGEMENT DETAIL ON GOTOVINA 1. There has been uniform condemnation of the ICTY Appeal Chamber’s decision on 16 November to overturn AND MARKAC the convictions of Croatian generals Gotovina and Markac (Zagreb diptel 1209939). This has dominated local [DIPTEL 1210020] media and political discourse since the verdict was announced. All Serbian political leaders have commented. And the media has given wide coverage to the dissenting view of two of the judges and former Prosecutor Carla del Ponte’s surprise at the decision. Although there had been a little coverage of the upcoming decision prior to 16 November, the full acquittal of Gotovina and Markac came as a shock in Serbia

2. [redacted] set the tone for harsh criticism of the verdict, declaring it a “political, not a legal decision”, which would only reopen old wounds rather than contributing to stabilisation. [redacted] added that those who claimed that the ICTY was being impartial and not anti-Serb would struggle to maintain that view. [redacted] echoed similar sentiments, adding that the decision “legitimised crimes against Serbs”, and [redacted] voiced “the outrage of Serbian citizens” and declared that justice and international law should be applied equally to

everyone.

COMMENT 7. Around 200,000 people, including members of this Embassy, were forced to leave Croatia as a result of operation Storm. It is, and will remain, and extremely emotive issue for people here.

26 19/11/12 Word SERBIA: N/A N/A SERBIA: REACTIONS TO ICTY JUDGEMENT ON GOTOVINA AND MARKAC Document REACTIONS TO ICTY Summary JUDGEMENT Flurry of anger at ICTY decision to release Croatian generals Gotovina and Markac. Harsh rhetoric from all sides ON GOTOVINA of the political spectrum, and threats to reduce cooperation with the ICTY and wider international community. AND MARKAC Detail 1. Public reaction in Serbia to the ICTY’s Appeal Chamber decision to free Croatian generals Gotovina and Markac (Zagreb diptel 1209939) has been predictably condemnatory, and been the main story across all media for the last three days, attracting particularly negative coverage in the (well-read) nationalist tabloids. As well as Serbian reactions, the media have given wide attention to the dissenting view of two of the judges and former Prosecutor Carla del Ponte’s surprise, though they have also given airtime to Gotovina’s moderate message that Serbs ejected from Croatia should return. Although there had been a little coverage of the upcoming decision prior to 16 November, the acquittal of Gotovina and Markac came as a surprise in Serbia

3. Deputy Prime Minister for European Integration Suzana Grubjesic’s planned visit to Croatia for 27 November has been postponed. Grubjesic was due to sign a protocol on cooperating on EU integration with Croatian FM Pusic, but “in an atmosphere of provocative nationalism towards Serbs and Serbia” she concluded it was not the right time to sign.

27 20/11/12 Email Three Kosovo Snippets • [redacted] in a second day of [redacted] about the Gotivina / Markac decision, responded to the perceived lack of justice by promising new details on Kosovan organ traffickers, which would be released “soon” and give some victims’ families “at least some satisfaction” that justice had been done. In the same interview he said that cooperation was good with both the Clint Williamson Task Force and the Medicus investigation.

28 20/11/12 Dip Tel CROATIA/ICTY: Diptel Diptel FCO Diptel ZAGREB (Restricted): Foreign & Commonwealth Office Diplomatic Telegram REACTIONS ZAGREB (Restricted) Summary AND ANALYSIS (Restricted) Gotovina and Markač home from The Hague as national heroes. Euphoric reception, the intensity of which [DIPTEL takes many Croatians by surprise. So far, official reactions have been restrained, but [redacted] 1210047] 1. The weekend has been dominated by the return to Croatia of Gotovina and Markač following their acquittal by ICTY on 16 November. Their arrival late afternoon Friday triggered an outpouring of popular emotion in cities across the country. They were greeted at Zagreb airport by an official delegation led by PM Milanovid, and then accompanied by their war comrades; they were driven to an overflowing Ban Jelačid Square, with crowds estimated at over 100,000. After they attended a mass in Zagreb cathedral and then went to the Presidential Palace. 2. Media coverage on Saturday followed their every move as each returned to their families while the population drew breath after the night before. The two main newspapers printed souvenir editions. 3. On Sunday, Gotovina attended mass in a town near Zagreb, while Markač chose to attend the annual commemoration of the 1991 Fall of Vukovar. There, he was feted by the probably 60,000 crowd. Public behaviour was dignified: nothing more than enthusiastic applause and handshaking. His introduction to the crowd at the start of the event immediately followed that of PM Milanovid: for the latter catcalls, jeers and whistles, for Markač a loud and prolonged cheer. 4. Throughout the whole weekend, Gotovina has been calm and composed, Markač far more emotional. Gotovina’s comments have had a political nuance: “the war is now over, we need to look to the future, it is in our hands”, “Croatian Serbs would be welcome to come back to Croatia, it is their home as much as it is mine”.

OFFICIAL REACTION

5. From the immediate despatch of a Government plane, through to the Prime Minister’s presence on the tarmac, the Presidential reception, the mass, not to mention the readiness of the main square to

accommodate crowds of 100,000 upwards, [redacted] The Government seem determined to seize and retain the political initiative. The definitive statements remain those delivered by the President and Prime Minister on Friday morning shortly after the announcement of the acquittal. The gist of these was that: this was a cause for national celebration, it removed a stain from Croatia’s reputation, these men were innocent, but acknowledgment that war crimes were committed and that the perpetrators would be brought to justice.

Comment

15. A heady few days for Croatia, an event that has helped unify the nation in otherwise tough times. But the overall feel-good factor will inevitably not last.

DAVID SLINN Authorised: David Slinn | Ambassador | Contact: David Slinn | Ambassador |

29 20/11/12 Email Gotovina/Mark To: DL All ac release - Belgrade - In addition to the (restricted level) diptel we sent out last night please see the full range of reactions to the wider reactions Political Gotovina / Markac release as compiled by [redacted] and [redacted] – which gives a good flavour of the depth (Restricted); of feeling this decision aroused. [redacted] – thanks very much for all the source material – restricted diptel DL Belgrade - Projects and readers will notice that a lot of this went into the final product. Public Diplomacy Sent: 19 November 2012 15:45 (Protect) Subject: RE: Gotovina etc - quotes needed for diptel Importance: Low

As you can imagine, there’s not much I could add to [redacted] summary of the local reactions. Just a few very quick snippets from today: The Speaker Nebojša Stefanovid hosted a meeting with a group of 46 refugee organisations this morning. He made an assessment that Croatia was celebrating war-crimes, not the return of two generals, and that the verdict is “shameful”. The alliance of refugee organisations ([redacted]) will table a proposal for the extraordinary Skupština debate and the specific Parliamentary resolution seeking protection of human and minority rights of the refugees. Zoran Ivoševid, former Judge of the Constitutional Court (and member of the cz Managing Board) told Radio B92 this morning “the injustice has triumphed, no other explanation for this ruling but corruption within the ICTY.” Koštunica spoke at DSS Press Conference today and announce the initiative ‘Serbia is Endangered’ which will be launched on Saturday, 24 November. DSS will start collecting signatures for political neutrality and breaking away from the EU accession. - Žarko Korad and Vesna Pešid raised concerns that the Gov’t might decide to use this negative mood as “an excuse to delay all reforms”.

And an anecdote as the bonus – by far the best conspiracy theory I heard over the weekend – someone dug out the coat of arms of Theodor Meron’s hometown. http://en.wikipedia.org/wiki/Kalisz

30 20/11/12 Email Your meeting Nigel Casey, 3: Aquittal of Gotovina and Markac: let me remind you [redacted] was the only Bosniak senior officials who with Tihic today commented the ruled. He said aquittals proves there was no criminal enterprise. [redacted] said that the evidence presented during the proceedings showed that this was not a joint criminal enterprose, but a liberation war. He rminded that this liberation operation helped unblocking of [redacted].

31 20/11/12 Email RE: November European A week of judgements: Croatia reacted with jubilation to 16 November ICTY appeal verdict overturning Council - blogs Generals Gotovina and Markac’s previous convictions for war crimes. Conscious of international reaction, and brushbys - Milanovic’s government’s reaction so far as been temperate ([redacted] helpful in managing the risk of public dealine cop Monday 12 triumphalism that could take hold following General’s appeal. November

32 20/11/12 Email FW: Dip Tel Summary I just want to flag up Belgrade's Dip Tel (highlighted below). It sets out Serbian's reaction to the recent Gotovina verdict.

Thanks,

33 21/11/12 Email EU DHMs Cc: DL Michael meeting, 21 Belgrade - November - Political - The pace of meetings on IBM was now striking and difficult to keep up with, with daily meetings at least, and Kosovo/IBM (Restricted); including meetings at the gates themselves. He was convinced that Serbian engagement was positive and DL Pristina - Political serious. There was no evidence of any wavering in the wake of the Gotovina/Markac judgements. Section (Restricted);

34 21/11/12 Email 12016 Croatian Our updated Accession Bill brief (which will need to be split back out into its respective parts). Accession Bill Briefing To note:

- Gotovina lines are included in the Chapter 23 brief. Worth also checking that these are in line wth the factsheet that you are producing based on press lines. Thanks,

35 21/11/12 Email FW: Draft Press Lines - ICTY: We had decided to provide more information on Gotovina/Markac ICTY trials. We will also need to include Haradinaj some lines on Serbia’s reaction considering the forthcoming verdict on Haradinaj on his appeal. I’ve asked our Verdict Serbia team to provide something, but just to be aware of this angle.

Will ensure you receive a final copy of the press lines and the Q&A that we are preparing.

Thanks,

36 21/11/12 Word Response to FOI N/A N/A Dear [redacted], Document Request 1118- 12 FREEDOM OF INFORMATION ACT 2000 - [redacted]

Thank you for your email dated 05 November in which you requested the following information under the Freedom of Information Act:

‘I am seeking disclosure of all communications between, on the one hand, [redacted] and / or [redacted] of the FCO, on the one hand, and the International Criminal Tribunal for the former Yugoslavia (ICTY), on the other, concerning the case of Prosecutor v. Gotovina and Markac since 15 April 2012. That would include letters and e-mails, as well as minutes of meetings held between [redacted] and any representatives, staff or Judges of the ICTY, concerning that case. In particular, I am interested in any information or documents relating to discussions of the outcome of the Gotovina and Markac appeal’.

On 7 November your clarified your request. You stated that:

1. You only wanted to see communications between [redacted] and the ICTY concerning the Gotovina and Markac case and only those communications since 15 April 2012.

2. You were aware that the case verdict would be presented on 16 November and that any communications between [redacted] and the ICTY between the date of your request and 16 November may not be picked up.

3. You are aware of Section 42 of the Freedom of Information Act.

I am writing to inform you that, following a search of our paper and electronic records, we have found no information that specifically matches the criteria of your request.

I would like to confirm that the FCO is in procession of correspondence between the ICTY and UK officials that relates to the Gotovina and Markac case. However, this information fell outside the parameters of your request. The correspondence we have found was between another UK member of staff (based at the British Embassy in The Hague) and the Court. I would advise that you resubmit the request with the wording below.

‘I am seeking the disclosure of all communications between, The British Embassy in the Hague and the International Criminal Tribunal for the former Yugoslavia (ICTY), concerning the case of Prosecutor v. Gotovina and Markac since 15 April 2012’.

This revised request would cover all related correspondence between the ICTY and The British Embassy. I should also advise you, however, that the request may not be successful once the documents are examined in detail and exemptions to the Freedom of Information Act are found to apply.

I hope you are satisfied with this response. However, if you wish to make a complaint or if you would like a review of our decision, please write to the Information Rights Team at The Old Admiralty Building, Room SG 120, London, SW1A 2PA. E-mail: [email protected]. You have 40 working days to do so from the date this letter. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of your complaint, you may then apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner cannot make a decision unless you have exhausted the complaints procedure provided by the FCO. The Information Commissioner can be contacted at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

You can also find out more about the FCO and freedom of information issues at our Access to Information website: http://foi.fco.gov.uk/en

Yours sincerely, [redacted] We keep and use information in line with the Data Protection Act 1998. We may release this personal information to other UK government departments and public authorities.

37 21/11/12 Email W: FOI 1118-12 To: WLD FOI All, Response - (Restricted); [redacted] circulated a draft response to FOIA [redacted] on Monday. A copy of this letter is attached. Please Draft Letter can you have a look at this letter and send me any comments before COP tomorrow? Legal advisors ([redacted]) have already confirmed that they are happy.

– You will need to be aware of this letter as well.

[redacted] and I sifted through all of the information we received in response to the original request on Monday. We found no information that specifically matched the criteria of the original request (i.e. direct correspondence between [redacted] and the ICTY on the Gotovina case). The attached letter is intended to (i) inform the requestor of the outcome of our search and (ii) rephrase the request so that it picks up information that we judge the requestor to be after.

Thanks,

38 22/11/12 Email Serbia: Michael Michael Gotovina/Mark Davenport ac release: (Restricted) A brief round-up of the continued reactions to the release of Gotovina and Markac, which remains the major ongoing Cc: DL news story in Serbia, nearly a week after the verdict. All the main weeklies have also headlined with further reactions Belgrade - Political reactions to the decision – though mainly focusing on analysis of topics we tackled in our diptel earlier this (Restricted); week – such as the potential [redacted] and covering historical ground (again). The nationalist papers have Ian Cliff found at least one [redacted] story to run every day in addition to their continued coverage of the fallout from (Restricted); the ICTY decision.

War Crimes Two points worth noting over the past couple of days: • Serbian War Crimes Prosecutor Vladimir Vukcevic announced the opening of investigations into six separate locations in Croatia where war crimes are alleged to have been committed during Operations Flash and Storm. Vukcevic denied that this was in response to the ICTY decision, rather that pre-investigative work was now being revived as the ICTY had had primacy until now.

• Current ICTY Prosecutor Serge Brammertz’s statement on his disappointment at the decision to acquit Gotovina and Markac has received wide coverage (though not as wide as Carla del Ponte’s statements earlier in the week). On the whole, the statement has been treated fairly in the media [redacted], but has not done much to staunch the flow of other negative stories about the ICTY in Serbian media.

Vuk Jeremic • UNGA President Jeremic continued [redacted] in relation to the ICTY judgement by indulging in a Twitter row with one of Gotovina’s lawyers, in which he declared “I’m not your type – I don’t have anyone’s blood on my hands.”

39 22/11/12 Email Re: For info: Cc: Michael [redacted] / all Draft EU HOMS Davenport statement on (Restricted); For info - to be aware of this initiative [redacted] for a local EU HOMs statement on regional reconciliation in regional light of the ICTY Gotovina/Markac decision. This is being discussed in EUHOMs at the moment ([redacted]) and reconciliation several delegations have said that they need to consult capitals before taking any action.

40 22/11/12 Email FW: EU (Croatian Sorry about the incredibly tight deadline on this – to see [redacted] e-mail below – this is the draft speech for Accession and the Minister of Europe to introduce the Croatian Accession Bill at Third Reading next Tuesday. It is being Irish Protocol) submitted today, hence if you can have a quick look that would be most appreciated. We’ve got a line on the Bill - Third ICTY judgments on Gotovina and Markac – however, grateful if you could check that you are happy with this. Reading On one hand, it is kind of useful to mention it, as it has been in the news and as ICTY and Gotovina’s case has Minister's been a clear Parliamentary concern, but does this go too far – i.e. commenting on the case? Speech: Comments by Grateful for your urgent advice/expertise, 1600 Today Thanks, (Thurs 22 Nov)

41 22/11/12 Email RE: For info: Michael All Draft EU HOMS Davenport statement on (Restricted) The outcome of EUHOMS’ lengthy discussion of the [redacted] draft was that there was no consensus on the regional principle of a statement right now. No-one took issue with the actual language of the draft, but [redacted] reconciliation [PROTECT]

Michael

Sent: 22 November 2012 13:05

Cc: Michael Davenport (Restricted);

Subject: REST: For info: Draft EU HOMS statement on regional reconciliation

Thanks. I agree with you. As you say, issuing a statement [redacted] to the Gotiovina verdict. In my view, this [redacted]

[redacted] points (separate email) [redacted] are also very true and equally important.

Thanks,

42 22/11/12 Email EU HOMs Michael DL Belgrade Thanks meeting 22 Davenport (Political) November - [redacted] repeated much of this update at EUHOMS today [redacted] Kosovo / IBM Only a few additional points.

• In spite of Gotovina [redacted] still appeared committed to the dialogue. He had reiterated that to De Marnhac in their 16 Nov meeting (only minutes after the appeal judgement was announced) and again to Bns Ashton by telephone on 17 Nov.

43 22/11/12 Email RE: ICTY - Serbia

Thanks again for your speedy help today. One last thing: a line on Serbian reaction for the MfE’s briefing pack. Serbia desk ([redacted]) provided the following – is this OK for both of you as a public line?

Serbian reactions to Gotovina and Markac/Haradinaj ICTY judgment a blow to cooperation with ICTY/regional relations/Serbia's EU integration? • Understand Serbian reactions, but judgment was reached in a court of law. We urge Serbia to maintain its good cooperation with the ICTY and continue to strengthen its relationships with its neighbours, as fundamental aspects of Serbia's EU integration. • Understand sensitivities around the Haradinaj judgment. We are encouraging Serbia to show leadership in not allowing this to impact on its engagement in the Serbia/Kosovo dialogue, on which we welcome recent developments and urge further progress.

44 22/11/12 Email Re: ACTION: Update to Serbian reactions to Gotovina / Markac ICTY judgements briefing ahead of Committee Background Stage/3rd Reading of - The Serbian reaction to the ICTY judgement on Gotovina and Markac has been [redacted]. President Nikolic Croatian called the decision a "political, not legal" one and the government has declared it will downgrade cooperation

Accession Bill with ICTY to a "technical" level. A planned conference on ICTY legacy issues was cancelled; as was DPM for European Integration Grubjesic's planned visit to Croatia (although we understand this will be reinstated). Serbian President of the UN General Assembly Jeremic has responded by scheduling an UNGA debate on ICTY.

- it remains to be seen how the judgement will impact on Serbia's relations with its neighbours and cooperation with the ICTY in the longer term. [redacted] - to which ICTY cooperation and good neighbourly relations are fundamental.

- The likely acquittal of Kosovan ICTY indictee Haradinaj on 29 November will [redacted]. We hope this will not impact on Serbia's engagement in the Serbia/Kosovo dialogue, the next meeting of which is planned for 4 December.

Q&A Serbian reactions to Gotovina and Markac/Haradinaj ICTY judgement a blow to cooperation with ICTY/regional relations/Serbia's EU integration?

- Understand Serbian reactions, but judgement was reached in a court of law. We urge Serbia to maintain its good cooperation with the ICTY and continue to strengthen its relationships with its neighbours, as fundamental aspects of Serbia's EU integration.

- Understand sensitivities around the Haradinaj judgement. We are encouraging Serbia to show leadership in not allowing this to impact on its engagement in the Serbia/Kosovo dialogue, on which we welcome recent developments and urge further progress.

Let me know if you need anything else.

45 22/11/12 Email FW: ACTION: Update to As mentioned the other day – we may want to include a specific Q&A on Serbian reactions to the ICTY briefing ahead Acquittals of the Croatian generals. Please see Serbia Teams response below. Will you be able to incorporate of Committee this into anything you are producing specifically on the ICTY acquittals? I’ll paste it into my briefing pack too Stage/3rd [redacted] Reading of Croatian Thanks, Accession Bill

46 22/11/12 Email FW:Draft Press Lines - ICTY: I’ve added some changes into the attached. My only other thought was whether we should add a couple of Haradinaj further questions on (a) Jeremic [redacted] Verdict

Question on (a) might be: Jeremic has reacted very strongly to the Gotovina et al decision.

47 23/11/12 Dip Tel Kosovo. Waiting Diptel Diptel FCO Diptel PRISTINA (Restricted) for Ramush (Dip PRISTINA (Restricted) Foreign & Commonwealth Office Diplomatic Telegram Tel 1210236) (Restricted)

6. The overturning of the Gotovina judgment has heightened expectations.

Authorised Ian Cliff | HMA | Contact Ian Cliff | HMA |

48 23/11/12 Email 20121108 Fact We're due to prvide something to Baroness Warsi next week on Gotovina / Markac. A useful background paper Sheet is that attached (obviously we'll need to add our lines to this too). But it may save you some work.

49 26/11/12 Email EULEX HoMs Cc: DL Sent: 26 November 2012 13:58 briefing on Belgrade - Limaj (re-)arrest Political Cc: DL Belgrade - Political (Restricted) for war crimes (Restricted) Subject: RE: REST: EULEX HoMs briefing on Limaj (re-)arrest for war crimes (25/11) (25/11)

Linked to [redacted] point in your penultimate paragraph - meanwhile, the head of the Serbian parliament’s Kosovo committee, Milovan Drecun (one of many people who was outspoken last week about the “political” nature of the Gotovina/Markac verdict, [redacted]

50 26/11/12 Email Draft Press Lines - ICTY: Haradinaj The question that I have added to the press lines is below. Please can you provide an answer? Verdict / UNGA Debate Q: The Serbian President of the UN General Assembly (Jeremic) has reacted very strongly to the acquittals of Gotovina and Markac. Is his behaviour appropriate for a President of the UN General Assembly? - [It would be inappropriate for us to comment on President Jeremic’s behaviour.]

I’d be grateful for a response before COP tomorrow.

Thanks,

51 27/11/12 Email Enlargement To: DL Europe VTC Write-up - EuD-WBE All Staff In light of the recent judgment in the Gotovina case, we should push for domestic war crimes to have an (Restricted); appearance.