Press Release · Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The Hague, 7 February 1996
TRIBUNAL'S PROSECUTOR REQUESTS BOSNIA TO PROVISIONALLY ARREST GENERAL DJUKIC AND COLONEL KRSMANOVIC
The Prosecutor, Justice Richard Goldstone, has issued today a request under Rule 40 of the Tribunal’s Rules of Procedure and Evidence. It is directed to the Government of Bosnia and Herzegovina and requests it to arrest provisionally, on behalf of the Tribunal, two suspects, and to take all measures to prevent their escape.
The two suspects are: General Djordje Djukic and Colonel Aleksa Krsmanovic.
In terms of Article 29 of the Statute of the Tribunal, the Government of Bosnia and Herzegovina is obliged to comply with the request of the Prosecutor.
The Prosecutor has made the request in the light of information given to him concerning the activities of both persons who are regarded as suspects in connection with the commission of crimes falling within the jurisdiction of the Tribunal. Consideration will be given in the coming days to similar requests being made in respect of other persons who have been arrested by the Bosnian authorities during the past few days.
In terms of international law, particularly the Genocide Convention and the Geneva Conventions, all States are obliged to investigate and bring to trial persons who have committed serious violations of international humanitarian law. In Article 9 of the Tribunal’s Statute, the Security Council recognised that the Tribunal and national courts have concurrent jurisdiction and gave primacy of jurisdiction to the Tribunal. Pursuant to that primacy of jurisdiction the Prosecutor is considering whether to indict General Djukic and Colonel Krsmanovic before the Tribunal. If he decides to do so then an indictment will be issued against them. Consideration will also be given to a further request that the Government of Bosnia and Herzegovina defer its investigations to the Tribunal.
The Prosecutor would like to record his appreciation for the continuing co-operation his Office is receiving from the Government of Bosnia and Herzegovina in the investigation of war crimes and reminds other relevant Governments that they are obliged to do the same.