VZCZCXRO0434
RR RUEHDBU RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHVB #1039/01 2431332
ZNY CCCCC ZZH
R 311332Z AUG 06 ZDS
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC 6579
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 001039 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR EUR/SCE HOH, SAINZ, BALIAN 
DEPARTMENT FOR PM 
 
E.O. 12958: DECL: 08/31/2016 
TAGS: PREL PGOV NATO MARR HR DEFENSE REFORM
SUBJECT: ARTICLE 98: MESIC'S COUNTERPROPOSAL 
 
C O R R E C T E D COPY (PASS LINE ADDED) 
REF: ZAGREB 809 
 
ZAGREB 00001039  001.2 OF 002 
 
 
Classified By: Ambassador Robert Bradtke for reasons 1.4 (b) and (d) 
 
 ¶1. (C) Presidential foreign policy advisor Tomislav Jakic 
wrote former Ambassador Frank in late June (reftel) stating 
that President Mesic's office had examined the US draft 
"security cooperation agreement" which incorporated 
non-extradition language without specific mention of the ICC 
or Article 98, and had passed a counterproposal to the GoC 
for discussion with the Embassy.  Numerous Post inquiries 
over the summer produced no information from MFA.  Jakic 
finally handed Ambassador a copy of the counterproposal on 
August 30, noting that the President's office had "tried to 
go through channels" but in view of the Government's lack of 
response, had abandoned that process.  Ambassador quickly 
scanned the text (below), and noted that there appeared to be 
a number of sticking points, such as the reference to a court 
authorized by "the UN and/or the UN Security Council" as well 
as the ambiguous reference to charges being filed in domestic 
courts.  However, he agreed to transmit the proposal to the 
Department for expert review. 
¶2. (C) COMMENT: It is not clear whether the President,s 
office believes its "compromise" is something we could really 
live with, or has simply provided a counterproposal 
containing unacceptable language as a polite way of 
continuing to reject the entire Article 98 concept. 
Nevertheless, this is the first time we have received 
anything other than an outright refusal to consider such an 
agreement.  We look forward to Department's evaluation of the 
Croatian text and suggestions about alternative language. 
END COMMENT. 
¶3. Full Text of Mesic Counterproposal: 
 
OFFICE OF THE PRESIDENT OF THE REPUBLIC OF CROATIA 
 
DRAFT PROPOSAL 
 
Agreement between the Government of the United States of 
America and the Government of the Republic of Croatia 
regarding Security Cooperation 
 
The Government of the United States of America and the 
Government of the Republic of Croatia, hereinafter "the 
Parties", 
 
Desiring to enhance friendly relations between the two 
countries; 
 
Affirming the already stated intent to promote and strengthen 
relations between the two countries; 
 
Reaffirming their support for the Statement of Interdiction 
Principles of the Proliferation Security Initiative; 
 
Recognizing the Parties' past cooperation in the prevention 
of arms proliferation and exports; 
 
Resolved to strengthen regional security and further 
comprehensive cooperation in the prevention of global 
terrorism; 
 
Convinced that the established bilateral bonds are the 
appropriate framework for enhanced security and defense 
cooperation; 
 
Estimating that this cooperation may be amplified and 
deepened in various areas of security, and defense technology 
and industry; 
 
Proceeding from diverse activities and exchanges that have 
already resulted in security cooperation; 
 
Recognizing that the Parties have established a State 
Partnership Program through which the Minnesota National 
Guard (USA) and the Armed Forces of the Republic of Croatia 
have enhanced the Parties' security cooperation; 
 
Aware of the significant contribution of this cooperation to 
the international community in which global security is a 
fundamental element; 
 
Frankly committed to cooperation with international tribunals 
established or authorized by the United Nations and/or the 
United Nations Security Council; 
 
Based on principles of reciprocity and equal interests, 
 
Hereby agree as follows: 
 
The Government of the United States of America will continue 
 
ZAGREB 00001039  002 OF 002 
 
 
to provide technical support, training and equipment for 
export control and border security to officials and 
employees, including contractors or military personnel of the 
Government of the Republic of Croatia. 
 
The Parties hereby state their commitment to the finalization 
of an agreement which would regulate different aspects of the 
temporal presence of military and civilian personnel of the 
Department of Defense of the United States of America on the 
territory of the Republic of Croatia. 
 
The Parties will continue to participate in the joint 
demining program in the territory of the Republic of Croatia. 
 
The Parties will continue the practice of exchange visits of 
senior officers of their armed forces in the Republic of 
Croatia and the United States of America, and the U.S. 
European Command. 
 
Eligible government officials, employees and military 
personnel of either Party, providing they meet the conditions 
for it, will continue to compete for attendance at 
appropriate military and other training and academic 
institutions of the other Party. 
 
Within the scope of allocation of appropriated funds, the 
Government of the United States of America will provide to 
the Government of the Republic of Croatia access to certain 
security assistance, including international military 
education and training, foreign military financing and 
foreign military sales programs. These programs will make it 
possible for the Government of the Republic of Croatia to 
acquire mutually agreed defense articles, defense services 
and related training, and military education and training. 
 
Current or former government officials, employees, 
contractors or military personnel, or nationals of one Party 
(hereinafter "the visiting Party") present in the territory 
of the other Party (hereinafter "the hosting Party") may be 
surrendered only to an international tribunal established or 
authorized by the United Nations and/or the United Nations 
Security Council, and only in cases when such a tribunal 
wants them as suspects or indictees, and when the national 
judiciary of the Party of which they are nationals has not 
charged them for offences because of which they are wanted by 
such a tribunal. Such persons may be surrendered or 
transferred to another entity or expelled to a third country 
only when that serves the purpose of surrender or transfer to 
an international tribunal established or authorized by the 
United Nations and/or the United Nations Security Council, 
and when the national judiciary of the Party of which they 
are nationals has not charged them for offences because of 
which they are wanted by such a tribunal. The extradition, 
surrender or transfer by any means of such persons from the 
hosting Party to any other international tribunal may be 
effected only by express consent of the visiting Party. 
 
This Agreement shall enter into force upon signature by both 
Parties. It will remain in force until one year after the 
date on which one Party notifies the other Party of its 
intent to terminate this Agreement. The provisions of this 
Agreement shall continue to apply with respect to any act 
occurring, or any allegation arising, before the effective 
date of termination. 
 
Done at (location) in duplicate, this (day, month, year) in 
the English and Croatian languages. Both copies shall apply 
equally. 
BRADTKE