The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“EXTRADITION OF INDICTED WAR CRIMINALS” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E67-E68 on Jan. 24, 1996.
The publication is reproduced in full below:
EXTRADITION OF INDICTED WAR CRIMINALS
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HON. CHRISTOPHER H. SMITH
of new jersey
in the house of representatives
Wednesday, January 24, 1996
Mr. SMITH of New Jersey. Mr. Speaker, I rise this afternoon to express my solid support for language contained in H.R. 1530, the National Defense Authorization Act, providing for the extradition of indicted war criminals from the United States to the International Tribunal for the former Yugoslavia and Rwanda in the Hague. This legislation provides the legal basis for the surrender of such persons and closes a technical loophole which could undermine efforts to prosecute those responsible for the commission of war crimes. Adoption of this provision should serve as an example to other countries to undertake similar action consistent with our obligations to cooperate fully with the important work of the Tribunal. To date more than 50 individuals from the former Yugoslavia have been indicted, including the Bosnian Serb leaders Radovan Karadzic and Ratko Mladic. Last November, I had an opportunity to meet with Chief Prosecutor Richard Goldstone to discuss his on-going investigations. He stressed that those responsible for war crimes must be held personally accountable, regardless of their relationship to peace negotiations.
As Chairman of the Helsinki Commission, I urge my colleagues to demonstrate their firm commitment to the pursuit of justice in the former Yugoslavia and Rwanda by passing this implementing legislation and ensuring that the Tribunal receives the resources it needs to accomplish the vital tasks it has been given. Mr. Speaker, I ask that the text of a letter to the President on this matter be included in the Record.
Commission on Security and Cooperation in Europe,
Washington, DC, February 8, 1995.The President,The White House, Washington, DC.
Dear Mr. President: As members of the Commission on Security and Cooperation in Europe, we have been following with great concern all aspects of the former Yugoslavia's violent disintegration. In this regard, our Commission held a hearing on January 31, at which we received compelling testimony from the Bosnian Prime Minister, Haris Silajdzic. Although the Prime Minister raised a number of issues regarding the crisis, we would like to focus on one issue in particular: the International Criminal Tribunal for the Former Yugoslavia.
After overcoming considerable barriers to its establishment and staffing, the Tribunal issued its first indictment in early November, is proceeding with investigations and is expected to bring cases to trial later this year. We understand that the Tribunal's UN budget will be under review during the second half of this month and that officials from the Tribunal have requested a $28 million budget for the coming year to proceed with the work they have begun.
Non-governmental experts have already suggested that this figure may be too low given the costs of gathering testimony from the thousands of victims of, and witnesses to, war crimes and in light of the on-site investigations that the effective prosecution of war criminals will require. Nevertheless, it appears that securing even these funds may be an uphill battle with the UN bureaucracy.
We urge you to instruct the U.S. delegation to the United Nations to press vigorously at these upcoming budget meetings to ensure adequate funding for the Tribunal. The establishment of this body, in spite of considerable political resistance and technical complications, is a credit to strong U.S. leadership. But, without proper funding, the Tribunal will never be able to execute the historic tasks that have been set for it.
We also support an additional voluntary contribution to the Tribunal by the United States of an amount not less than the
$3 million cash contribution provided last year. Monetary, as well as personnel or other in-kind donations, enhance the ability of the United States to foster the effectiveness of the Tribunal by strengthening specific aspects of its work. In addition, this would enable the United States to play a leadership role in urging other UN member states to make similar contributions. If the United States, at this juncture, inexplicably reduces the level of financial support it has provided to the Tribunal, it might send a regrettable signal of weakening U.S. resolve to see war criminals held truly accountable.
We would also like to take this opportunity to raise the issue of implementing legislation. UN member states are already bound as a matter of international law to deliver to the Hague persons indicted by the Tribunal. But most countries--including the United States--will require the passage of implementing legislation to ensure that a national legal basis exists for doing so; without such legislation, a technical loophole would exist in most countries that would give indicted persons the legal grounds to challenge jurisdiction and avoid trial.
Convinced of the importance of this issue, a bipartisan U.S. delegation to the 1994 CSCE Parliamentary Assembly achieved agreement to review, at future meetings of the Assembly, steps that the CSCE (now OSCE) participating States have taken to ensure that they are able to comply with the orders of the Tribunal. As Members of Congress, we feel a special responsibility to ensure that the necessary implementing legislation is passed. It is possible that some countries--states likely to find themselves with war criminals in their territories--will need international prodding if they are to cooperate with the Tribunal. Passage of U.S. implementing legislation will enable our country to foster compliance by others.
We understand that the Department of Justice has been working on draft implementing legislation for over a year. We urge you to communicate to the Department of Justice the high degree of urgency that you, as President, attach to the tasks of bringing war criminals to justice and of taking concrete legislative measures to that end. To follow up on the Commission's inquiry of April 1994, we would like to know when the administration anticipates presenting such legislation to Congress.
Finally, we again call for the appointment of a CSCE (OSCE) Special Reapporteur on the War Crimes, Tribunal, a Commission proposal that was endorsed at the 1994 meeting of the CSCE Parliamentary Assembly. A Special Rapporteur would be tasked with monitoring the participating States' required cooperation with the Tribunal and reporting back to the decision-making bodies of the OSCE for further action in cases of willful noncompliance.
We understand that the U.S. delegation to the 1994 CSCE
(OSCE) Budapest Conference included this proposal in a package of ideas addressing the many urgent crises in the former Yugoslavia but that, regrettably, this package was not adopted. We urge the United States to pursue the adoption of this proposal as a priority matter at the on-going OSCE meetings in Vienna, where negotiations on Bosnia-related questions continue.
Mr. President, we cannot sufficiently underscore our conviction that holding war criminals accountable for the heinous crimes they have committed in this conflict will be an essential element for any long-term resolution of this tragedy. To this end, we look forward to hearing from you on these matters.
Sincerely,Christopher H. Smith,
Chairman.Alfonse D'Amato,
Co-Chairman.Steny H. Hoyer,Member of Congress.
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