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29th Mar 2024

UN prosecutor worried about EU easing pressure on Serbia

The UN's chief prosecutor Carla del Ponte has appealed to the EU not to jeopardise her efforts to pursue a top Serbian war crimes suspect in the interests of securing support for a UN plan on the future status of Kosovo.

Mrs Del Ponte met with EU foreign policy chief Javier Solana on Wednesday (31 January) and urged him to continue Europe's pressure on Belgrade to deliver ex-general Ratko Mladic.

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"I have a preoccupation with that," she told journalists after the meeting, complaining that some EU member states are now openly hinting the bloc would resume talks on its Stabilisation and Association Agreement (SAA) with Serbia even without Mladic's hand-over.

"My worry is that it could happen and jeopardise what we absolutely need now because it is the crucial time in our cooperation with Belgrade," said Mrs Del Ponte, adding the EU would be sending a message that it "had decided to restart talks even though [they] have done nothing."

The chief prosecutor added that Mr Solana had assured her he would highlight the issue when he meets leading Serbian politicians - currently involved in government coalition talks - next week in Belgrade.

But when asked if he confirmed the EU would not resume negotiations with Serbia unless Mr Mladic is handed over to the Hague court, she replied, "No, he did not say that."

Ministerial chairs crucial

Meanwhile, just as the prosecutor discussed the Mladic issue with Mr Solana, EU diplomats were debating their common position ahead of a meeting of foreign ministers scheduled for 12 February which could see a decision on Serbia.

"All eyes are on the coalition talks going on in Belgrade at the moment. Without a clear signal on their part, the SAA talks will remain frozen," one diplomat told EUobserver.

Observers suggest the personal nominations in the new Serbian government could make a difference if the interior ministry as well as in other posts involved in cooperation with the Hague tribunal, if they are filled by people from pro-EU president Boris Tadic's Democratic party.

The Democratic party won the most votes within a pro-EU and democratic camp in parliamentary elections earlier this month, followed by the party of the outgoing prime minister Vojislav Kostunica's Democratic Party of Serbia, even though the radical party got the most votes of any one faction.

As the previous government led by Mr Kostunica did not deliver on its commitment to capture Mr Mladic, there is pressure on Mr Tadic's party - generally more supportive of cooperation with the Hague - to propose its people for the relevant posts.

"That as well as a swift move to open strategic archives to the prosecutor would be regarded as a strong statement on the Serbian part and possibly as sufficient for most countries even if Mladic is not actually delivered," said an EU diplomat.

France and the Netherlands still favour the actual delivery of the fugitive general, while Mrs Del Ponte told journalists on Wednesday that for her it is either the transfer or the information about his exact whereabouts that would count.

Too much bad news at once

According to analysts and diplomats, the pressure for a positive move by the EU towards Belgrade is rising along with the intensity of the UN-conducted talks about the future status of Kosovo.

"Member states are aware that it is difficult for Serbian politicians to do two things contrary to the opinions of their citizens at the same time - delivering Mladic and giving up Kosovo," said Lucia Montanaro-Jankovski from the Brussels-based European Policy Center.

But she argued that a softening of the EU's stance towards Belgrade is also a result of a general feeling that the step to freeze the SAA talks did not work out.

"People are uncomfortable about it as nobody expected this to happen. The EU feels betrayed by the outgoing government of Mr Kostunica and wants to give a chance to a new coalition to show its real effort to better cooperate with the UN court."

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