The Politics of International Law and Compliance: Serbia, Croatia and the Hague Tribunal by Nikolas M. Rajkovic

Author:Nikolas M. Rajkovic [Rajkovic, Nikolas M.]
Language: eng
Format: epub
Tags: International Relations, International, American Government, National, Military, Judicial Branch, Political Science, Wars & Conflicts (Other), History, Law, General
ISBN: 9781136632778
Google: EHypAgAAQBAJ
Goodreads: 17549052
Publisher: Routledge
Published: 2011-09-01T00:00:00+00:00

Scissors, Rock, Paper: Increasing Eu Pressure and the Death of Bobetko

This verbal exchange opened weeks of public struggle between Zagreb, Brussels and The Hague over the fate of General Bobetko; a contest characterized by Croatia’s steadfast insistence on its legal rights within the framework of domestic and international law, and despite EU efforts to undo that policy with recourse to its various (dis)incentives. It was a diplomatic contest which revealed that the Račan government could preserve its will to deny Bobetko’s extradition using the pretext of legality. This strategy was vital as it enabled the government to contest Bobetko’s indictment in a vigorous fashion – which was important for its domestic audience – yet at the same time gave Croatia’s leadership the appearance of staying within the legal rules of ICTY cooperation – which was important for its EU and international audience. In sum, the Račan government was playing a delicate balancing act of staying within the implied rules of domestic legitimacy while simultaneously remaining within the legal bounds of ICTY ‘cooperation’ and compliance. Whether, or how long, Croatia’s leadership could continue this approach would thus animate the politics of the ensuing weeks and months.

On 4 October 2002, the Račan government filed its formal appeal to the ICTY Appeals Chamber asking for an annulment of the ICTY Trial Chamber’s decision to indict Bobetko and for a further quashing of the subsequent arrest and transfer order.85 Further, on 10 October, the government sent a reference to the Croatian Constitutional Court regarding the legality of the Bobetko indictment. These recourses received a nervous reception from EU states and the US. At a meeting of the Organization for Security and Co-operation in Europe (OSCE) in Vienna, days prior to the Croatia’s formal challenges, Zagreb’s ambassador was unanimously told that Croatia had to ensure it would ultimately respect decisions of the ICTY otherwise the country would be held in non-compliance.86 Račan’s response, given at a reception celebrating Croatian Independence Day, was to reassure both his domestic and international audiences regarding the nature of Croatia’s challenge to the ICTY:

As consistent with what the Croatian parliament concluded the other day, we will defend the legality and legitimacy of the Homeland War in international relations and in international institutions whenever that is necessary. The legality and legitimacy of the Homeland War will also be defended on the domestic scene, prosecuting individual war crimes and crimes against humanity…. The government is doing everything to ensure that Croatia is a country governed by the rule of law…. We will continue to cooperate with the international community, including the international criminal tribunal, and respect all our obligations.87

In subsequent days, Račan made repeated assurances that Croatia’s legal challenges did not signal a retreat from ‘cooperation’ with the ICTY.88 Further, Račan took the added step of promising his resignation in the event that his chosen strategy brought Croatia into renewed international isolation or serious sanctions.89 Yet, such reassurances proved less than convincing for EU diplomats, and on 12 October Račan received an

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