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FM AMEMBASSY PODGORICA
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INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RUEHNO/USMISSION USNATO
RUEHPOD/AMEMBASSY PODGORICA
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UNCLAS SECTION 01 OF 02 PODGORICA 000036 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EUR/SCE, S/WCI 
 
E.O. 12958: N/A 
TAGS: PHUM PREF KAWC PGOV MW
SUBJECT: MONTENEGRO AND WAR CRIMES 
 
REF: A. A) 2005 BELGRADE 0057 
 
     ¶B. B) 2006 BELGRADE 1509 
 
PODGORICA 00000036  001.3 OF 002 
 
 
SENSITIVE BUT UNCLASSIFIED - PLEASE HANDLE ACCORDINGLY 
 
 
 
¶1. (U) SUMMARY: MONTENEGRO HAS BEEN COMMENDED BY ICTY CHIEF 
PROSECUTOR DEL PONTE FOR ITS COOPERATION WITH THE HAGUE. YET AS 
ONGOING COURT CASES DEMONSTRATE MONTENEGRO'S PAST IS NOT 
SPOTLESS. FOUR DISTINCT ACTIONS ARE THE SUBJECT OF ONGOING OR 
POTENTIAL LAW CASES END SUMMARY 
 
 
 
1991 - YUGOSLAV ARMY BASED IN MONTENEGRO ATTACKS DUBROVNIK 
 
--------------------------------------------- ------------- 
 
 
 
¶2. (U) IN THE FALL OF 1991, YUGOSLAV ARMY (JNA) UNITS BASED IN 
MONTENEGRO MOVED AGAINST CROATIAN DEFENSE FORCES IN AND AROUND 
DUBROVNIK. THE JNA FORCE LOOTED AND VANDALIZED THE REGION 
EXTENSIVELY, AND REPEATEDLY SHELLED THE OLD TOWN OF DUBROVNIK, 
DESIGNATED BY UNESCO AS AN HISTORIC SITE.  EIGHTY TO NINETY 
CIVILIANS WERE KILLED, AND SEVERAL HUNDRED WOUNDED, DURING THE 
CAMPAIGN. THE JNA COMMANDER, GENERAL PAVLE STRUGAR, SURRENDERED 
VOLUNTARILY IN 2001 AND WAS CONVICTED IN OCTOBER 2006 OF WAR 
CRIMES AND SENTENCED TO EIGHT YEARS IMPRISONMENT. STRUGAR, THE 
ONLY ICTY INDICTEE RESIDENT IN MONTENEGRO, WAS BLAMED FOR 
FAILING TO CONTROL THE EXCESSES OF HIS TROOPS, A SIGNIFICANT 
PORTION OF WHOM (AND REPUTEDLY THE LEAST DISCIPLINED) WERE 
ILL-TRAINED RESERVISTS FROM MONTENEGRO. 
 
 
 
¶3. (U) IN 2000, PM MILO DJUKANOVIC APOLOGIZED TO THE PEOPLE OF 
CROATIA FOR CRIMES COMMITTED BY MONTENEGRO'S TROOPS. DURING AN 
OFFICIAL VISIT BY CROATIAN PRESIDENT STJEPAN MESIC TO PODGORICA 
ON JULY 7, 2005, MONTENEGRIN PRESIDENT FILIP VUJANOVIC ANNOUNCED 
THAT MONTENEGRO WOULD COMPENSATE CROATIA EUROS 400,000 FOR 
DAMAGE INFLICTED IN 1991, SPECIFICALLY THE LOSS OF CATTLE FROM A 
STATE-OWNED FARM NEAR DUBROVNIK. 
 
 
 
¶4. (U) UNDER AN AGREEMENT REACHED BY CROATIAN AND MONTENEGRIN 
PROSECUTORS IN LATE 2006 (REF B), ON FEBRUARY 10, THE CROATIAN 
DEPUTY CHIEF PROSECUTOR, ANTUN KVAKAN, TOLD THE MONTENEGRIN 
PRESS THAT HE WILL SOON TRANSFER A COMPLETE FILE WITH EVIDENCE 
OF WAR CRIMES COMMITTED IN THE MORINJ DETENTION CAMP IN 
MONTENEGRO. IN LATE 1991, OVER 300 CROATIAN PRISONERS CAPTURED 
DURING THE ABOVE-MENTIONED OPERATIONS WERE HELD IN MORINJ AND 
EIGHT PEOPLE ALLEGEDLY DIED AS A RESULT OF TORTURE.  BETWEEN 
SEVEN AND TEN MONTENEGRIN CITIZENS, KVAKAN ANNOUNCED, ARE 
SUSPECTED IN THE ABUSES. 
 
 
 
1992 - MONTENEGRIN POLICE TRANSPORT MUSLIMS TO REPUBLIKA SRPSKA 
 
--------------------------------------------- --------- 
 
 
 
¶4. (U) SOME 36 CIVIL LAWSUITS WERE FILED AT THE END OF 2004 
AGAINST THE GOVERNMENT OF MONTENEGRO, ALLEGING THAT THE GOM WAS 
COMPLICIT IN THE 1992 EXPULSIONS OF DOZENS OF BOSNIAN MUSLIMS TO 
FOCA (SRBINJE) IN THE REPUBLIKA SRPSKA IN BOSNIA AND 
HERZEGOVINA.  MANY OF THE DEPORTEES, MAINLY ADULT MALES, WERE 
SUBSEQUENTLY KILLED WHILE IN RS CUSTODY. (REF A, B) THE TRIALS 
BEGAN TO COME TO CONCLUSION IN 2006, WITH JUDGES IN ALL BUT ONE 
CASE SO FAR FINDING THAT THE GOM WAS CULPABLE FOR THE 
DEPORTATIONS, BUT RESTRICTING THE AWARDED DAMAGES ON LEGAL 
GROUNDS.  DETAILS OF SEVEN CASES DECIDED IN 2006 ARE REPORTED IN 
THE 2006 HUMAN RIGHTS REPORT FOR MONTENEGRO. DECISIONS IN THREE 
MORE CASES WERE ANNOUNCED IN JANUARY 2007, EACH RULING FOR THE 
PLAINTIFF. THE GOM HAS APPEALED ALL VERDICTS AGAINST THE 
GOVERNMENT. 
 
 
 
¶5. (SBU) COMMENT: THE PLAINTIFFS' LAWYER TOLD POST IN LATE 2004 
THAT HE HAD HELD OFF FILING THE CASES, HOPING THAT THE GOM WOULD 
AGREE TO NEGOTIATE A SETTLEMENT -- WHICH IS STILL HIS PREFERRED 
OUTCOME.  HE ONLY FILED THE CASES IN LATE 2004 AS THE STATUTE OF 
LIMITATIONS WOULD SOON HAVE CLEARLY BARRED SUCH ACTIONS. 
COMPLICATING RESOLUTION OF THIS CASE IS THE FACT THAT FORMER PM 
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PODGORICA 00000036  002.3 OF 002 
 
 
DJUKANOVIC IS UNWILLING TO HAVE HIS REPUTATION TARNISHED BY 
ADMITTING EVEN INDIRECT CULPABILITY.  END COMMENT. 
 
 
 
1993 - BOSNIA ALLEGES MONTENEGRO SHARES GUILT FOR GENOCIDE 
 
--------------------------------------------- ------------- 
 
 
 
¶6. (U) IN MARCH 1993, THE GOVERNMENT OF BOSNIA AND HERZEGOVINA 
FILED WITH THE INTERNATIONAL COURT OF JUSTICE (ICJ), CHARGING 
THE FEDERAL REPUBLIC OF YUGOSLAVIA (FRY) WITH VIOLATING THE 
GENOCIDE CONVENTION. THE ICJ HELD HEARINGS IN EARLY 2006, 
SHORTLY BEFORE THE FRY'S SUCCESSOR, THE STATE UNION OF SERBIA 
AND MONTENEGRO, WAS DISSOLVED AFTER THE MAY 21, 2006, VOTE BY 
MONTENEGRO TO BECOME INDEPENDENT. 
 
 
 
¶7. (U) SUBSEQUENT TO INDEPENDENCE, THE GOM HAS ARGUED THAT AS IT 
IS NOT THE LEGAL SUCCESSOR TO SAM (OR THE FRY), THE ICJ SHOULD 
RELEASE IT FROM THE SUIT FILED BY BIH.  BIH HAS REJECTED THAT 
ARGUMENT, AND THE ICJ HAS NOT HELD HEARINGS ON THE MOTION. (THE 
THEN-GOSAM ARGUED IN 2006 THAT THE ICJ DOES NOT HAVE 
JURISDICTION, AS THE THEN-FRY WAS NOT A MEMBER OF THE UN IN 
1993, AND DID JOIN THE UN UNTIL 2000.) A DECISION IN THE OVERALL 
ICJ CASE AGAINST SERBIA AND MONTENEGRO IS EXPECTED ON FEBRUARY 
26 THIS YEAR. 
 
 
 
¶8. (U) CROATIA SIMILARLY FILED A CLAIM OF GENOCIDE AGAINST THE 
THEN-FRY IN JULY 1999. NO ACTION HAS BEEN TAKEN BY THE COURT ON 
THE CASE SINCE NOVEMBER 2002. 
 
 
 
1999 - MONTENEGRIN RESERVISTS INVESTIGATED IN CONNECTION WITH 
MURDER OF KOSOVAR REFUGEES 
 
--------------------------------------------- -------- 
 
 
 
¶9. (U) ON APRIL 21, 1999, MEMBERS OF THE BELGRADE-CONTROLLED 
"PODGORICA CORPS" OF THE YUGOSLAV ARMY (NOTE: THE SAME UNIT THAT 
WAS INVOLVED IN THE 1991 ATTACK ON DUBROVNIK. END NOTE.) 
ALLEGEDLY KILLED 12 ETHNIC ALBANIANS FROM KOSOVO NEAR ROZAJE, 
MONTENEGRO. THE MURDERS WERE REPORTED BY INTERNATIONAL AND 
MONTENEGRIN PRESS AT THE TIME, AND MONTENEGRO'S THEN DEPUTY 
PRIME MINISTER, DRAGISA BURZAN, CALLED THE KILLING OF KOSOVO 
REFUGEES IN MONTENEGRO AND WOUNDING OF OTHERS "A WAR CRIME, A 
CRIME AGAINST HUMANITY." AN ADDITIONAL NINE CIVILIANS WERE 
KILLED IN SIMILAR CIRCUMSTANCES FROM MARCH TO JUNE, 1999. 
 
 
 
¶10. (U) ON FEBRUARY 10,2007 THE STATE PROSECUTOR IN BIJELO 
POLJE, MONTENEGRO, BEGAN AN INVESTIGATION INTO 12 MONTENEGRIN 
CITIZENS SUSPECTED IN THIS CASE.  THE PRESS PUBLISHED THE 12 
NAMES, ALL OF WHOM WERE MEMBERS OF THE YUGOSLAV ARMY RESERVES; 
ONE IS THE SON OF CONVICTED WAR CRIMINAL GENERAL STRUGAR. THE 
SON PROTESTED THAT THE MURDERS WERE CARRIED OUT BY SERB 
PARAMILITARIES. COMMENT: IT IS UNCLEAR WHY IT IS ONLY NOW THAT 
THE CRIMINAL INVESTIGATION WAS LAUNCHED IN THIS CASE. END 
COMMENT. 
 
 
 
¶11. (U) COMMENT: THE GOM, AS NOTED BY ICTY PROSECUTOR DEL PONTE, 
IS GENERALLY COOPERATIVE ON WAR CRIMES ISSUES, AND THEY ARE NOT 
AN INHERENTLY DIVISIVE ISSUE IN MONTENEGRO. THE GOM IS HOWEVER 
LEERY OF THE FINANCIAL IMPACT OF LEGAL DAMAGES IN THE 1993 ICJ 
CASE, AND THE SUITS FOR DAMAGES FILED IN THE 1992 DEPORTATION 
CASES, AND WISHES TO DRAW A LINE BETWEEN MORAL CULPABILITY AND 
FINANCIAL LIABILITY.  END COMMENT. 
BARNES 
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