January 15, 2015

H.E. Mr. Ban Ki-moon

Secretary General
United Nations
New York, NY 10017
Tel: + 1 212-963-5012
Fax: +1 212-963-2155
Email: SG@un.org
Re: Prosecutor v. Vojislav eelj, ICTY Case No. IT-03-67
Excellency,
I write to express my deep concern about persistent problems encountered by
the International Criminal Tribunal for the former Yugoslavia (ICTY) in the case
against accused Serbian war criminal Vojislav eelj. eelj was indicted by the
ICTY in 2003 and stands accused of serious crimes, including war crimes and crimes
against humanity. According to the Prosecutor, eelj participated in a Joint Criminal
Enterprise to create a Greater Serbia by, inter alia, (1) mobilizing paramilitary
forces to go into Croatia and Bosnia & Herzegovina for the purpose of committing
crimes against the civilian population, and (2) by making inflammatory speeches
calling upon paramilitary forces and others to engage in a persecution campaign
against the local Croat population. Despite the passage of more than twelve years, the
ICTY still has not delivered a judgment in eeljs case. 1 Instead, in November
2014, the ICTY released eelj on humanitarian grounds and indicated that a
judgment against eelj cannot be expected before 2016. Excellency, the victims of
the crimes alleged to have been committed by eelj are entitled to receive a judgment
by the ICTY much sooner. The victims are also entitled to see eelj ordered to
return to the detention of the ICTY Detention Unit. I kindly ask that you take all
measures at your disposal to ensure that both objectives are satisfied, including by
seizing the Security Council of this important issue.

Nevertheless, it should be noted that one Trial Chamber in a different case has already concluded that
eelj was indeed a member of the Joint Criminal Enterprise. See Prosecutor v. Milan Marti, Case
No. IT-95-11, Trial Judgement, 12 June 2007, at paragraphs 445-446. This Trial Judgement was
affirmed by the Appeals Chamber.

I.

eelj Should Be Ordered to Return to the UN Detention Unit

For reasons that are not entirely clear, in November 2014 the ICTY
provisionally released eelj on humanitarian grounds due to deterioration in the
Accuseds health, and ordered that he be returned to Serbia. The ICTY undertook
this action despite the following facts: (1) eelj remains under indictment by the
ICTY for war crimes and crimes against humanity and is awaiting judgment; (2)
eelj has been found in contempt of the ICTY on three separate occasions on
grounds of failing to comply with witness protection orders, and continues to refuse to
promise he will comply with witness protection measures; (3) eelj was not required
by the Trial Chamber to refrain from making public statements or engaging in
political life while on provisional release, despite the fact that this is a common ICTY
precondition for provisional release ;2 (4) eelj made no promise to return to the
ICTY when required to do so by the Tribunal; and (5) eelj expressly refused to
promise to comply with any orders issued by the Trial Chamber. In all cases prior to
eeljs, an Accused was required to promise to comply with Tribunal orders, to
refrain from public comments, to refrain from political engagements, and to comply
with witness protection measures before provisional release could be granted.
Inexplicably, eeljs Trial Chamber decided to waive these requirements for the
benefit of an individual who has shown nothing but contempt for the Tribunal, for its
orders, and for its witnesses.
Upon his return to Serbia, eelj made inflammatory public statements with
the intent of insulting the victims of his crimes. 3He publicly proclaimed that he was
returning to political life and that his political platform would be based on a goal of
establishing a Greater Serbia through the seizure of territory of the Republic of
Croatia and the Republic of Bosnia & Herzegovina.4 He made threatening statements
against witnesses who testified against him for the Prosecution.5

See, e.g., Prosecutor v. Ramush Haradinaj, Case No. IT-04-84bis, Decision on Ramush Haradinajs
Motion for Provisional Release, 8 December 2010, at page 8.
3
See e.g.: Serbian Radical Party, (Dr. eelj congratulates Serbian Chetniks on the Day of the
Liberation of Serbian Vukovar), Press Release, 18 November 2014, available at:
http://www.srpskaradikalnastranka.org.rs/srbija/3920 (The President of the Serbian Radical Party and
Chetnik leader Prof. Dr. Vojislav eelj congratulates Serbian Chetniks on the Day of the Liberation of
Serbian Vukovar. On this day 23 years ago, Serbian Chetniks, after three months of heroic struggle,
freed Vukovar from Ustaa paramilitary units.).
4
Vojislav eelj, Transcript, Press Conference, 13 November 2014, available at:
http://www.srpskaradikalnastranka.org.rs/srbija/3908 (Journalist: Do you give up the idea of a Greater
Serbia? Vojislav eelj: The meaning of the Serbian Radical Party, the meaning of our existence is the
idea of a Greater Serbia. If this idea is to die, what would we be looking for at the political scene? Both

eeljs warmongering statements, along with the failure of Serbian officials

to publicly disavow those statements, have caused tension among the countries of
Southeastern Europe as well as significant distress for the victims of eeljs crimes.
I was pleased to see that the ICTY Prosecutor, upon observing eeljs misconduct,
quickly petitioned the ICTY Trial Chamber to revoke eeljs provisional release. To
my dismay and to the dismay of eeljs victims, the Trial Chamber rejected the
Prosecutions motion on 13 January 2015, thus allowing eelj to remain free.
Mr. Secretary General, please rest assured that I am aware that the ICTY is an
independent judicial body. Nevertheless, I am also aware that in its Resolution 808
(1993), the Security Council established the ICTY in order to contribute to the
restoration and maintenance of peace. The release of Mr. eelj has undermined the
Security Councils purpose in establishing the ICTY, as explained above. As a result,
I request that you take whatever steps necessary to ensure that Mr. eelj is returned
to the custody of the ICTY until such time as he is prepared to satisfy the conditions
for provisional release that all other ICTY detainees must satisfy.
II.

The ICTY Should Deliver Judgment Against eelj Immediately

eelj was indicted in 2003 and his trial was finished in 2010. Nevertheless,
no judgment has been delivered in his case, which has been pending for over twelve
years. By any objective standard, this delay has been an unquestionable failure by the
ICTY. The victims of his crimes deserve better. The ICTY Prosecutor has stated that
a judgment in the case will not be delivered before the end of 2015.6
One reason for this significant delay is due to the length of time it will take the
Trial Chamber to issue a written judgment in the case. However, because the
deterioration in the Accuseds health is believed to be a reference to Mr. eeljs
diagnosis of liver cancer, it is imperative that the ICTY issue a judgment in the case as
soon as possible so that Mr. eelj does not avoid facing judgment through death, in
the same way that Slobodan Miloevi did. For this reason, I urge you and the
Security Council to insist that the Trial Chamber issue an oral judgment without delay
in Mr. eelj case, pursuant to ICTY Rule 98(c) ter. This Rule allows a Trial
Chamber to issue an oral judgment immediately, and then to issue a written judgment
Tomislav Nikoli and Aleksandar Vui were sworn by this idea for 15 years and then they gave it
up.).
5
See e.g. Vojislav eelj Transcript, Press Conference, 13 November 2014, available at:
http://www.srpskaradikalnastranka.org.rs/srbija/3908 (I can only publicly brand the traitors that made
deals with the prosecution for lesser sentences, agreed to falsely testify for the Prosecution.).
6
See B92, Hague Prosecutor: No Verdict Before End of 2015, 13 November 2014, as found at:
http://www.b92.net/eng/news/crimes.php?yyyy=2014&mm=11&dd=13&nav_id=92226

as soon as possible thereafter. If the ICTY were to adopt this approach, Mr. eelj
could face a judgment of the Trial Chamber as soon as June of this year. The Trial
Chamber could then take as much time as necessary to issue the written opinion
explaining its judgment.
Mr. eeljs victims in Croatia and Bosnia & Herzegovina suffered greatly at
his hands and the hands of his paramilitaries during the conflict in the 1990s. For
twelve long years they have waited for the ICTY to administer justice. Many
courageous victims travelled to The Hague to personally testify against eelj, at great
personal risk to themselves and their families. All of these victims deserve to hear the
judgment of the ICTY condemning Mr. eeljs criminal conduct, as does the
international community as a whole. I trust that you and the Security Council will do
everything in your power to ensure that Mr. eeljs judgment day arrives soon.
Your Excellency, please accept the assurances of my highest consideration.

KOLINDA GRABAR-KITAROVI

________________________________
PRESIDENT-ELECT OF THE REPUBLIC OF CROATIA