Council Common Position 2003/280/CFSP of 16 April 2003 in support of the effective implementation of the mandate of the ICTY
Date: 2003-04-16
Institutions: Council of the European Union
Subjects: EU Member State, International Criminal Tribunal, Yugoslavia, cooperation policy

L 101/22

EN

Official Journal of the European Union

23.4.2003

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2003/280/CFSP

of 16 April 2003

in support of the effective implementation of the mandate of the ICTY

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Article 15 thereof,

which help persons at large continue to evade justice for crimes
for which the ICTY has indicted them or are otherwise acting
in a manner which could obstruct the ICTY's effective imple-
mentation of its mandate.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The United Nations' Security Council
(UNSC), acting
under Chapter VII of the United Nations' Charter, has
determined that widespread and flagrant violations of
international humanitarian law in former Yugoslavia
constitute a threat to international peace and security,
and that the prosecution of persons responsible for such
violations by the International Criminal Tribunal for the
former Yugoslavia (ICTY) set up by UNSC resolutions
803 and 827 (1993) would contribute to the restoration
and maintenance of peace.

The stabilisation of the political situation in the Balkans
to which bringing criminals to justice would greatly
contribute, has constituted an important aim of
the
CFSP.

Accordingly, the Council has repeatedly emphasised the
fundamental importance of full respect for and coopera-
tion with the ICTY, and bringing to justice those persons
indicted by the ICTY.

Persons indicted by the ICTY are still at large, and there
is evidence that they are being assisted in their efforts to
continue to evade justice.

Such assistance is unacceptable, is an affront to the inter-
national order and fundamental standards of justice, and
undermines the work of the ICTY, the success of which
is essential to a stable and prosperous future for the
region of the former Yugoslavia.

The European Union should do all
it can to prevent
obstructions being placed in the way of the ICTY's effec-
tive implementation of its mandate,

HAS ADOPTED THIS COMMON POSITION:

Article 1

1. Member States shall
take the necessary measures to
prevent the entry into, or transit through, their territories of
the persons listed in the Annex, who are engaged in activities

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

3.
Paragraph 1 shall be without prejudice to the cases where
a Member State is bound by an obligation of international law,
namely:

(i) as a host country of an international

intergovernmental

organisation;

(ii) as a host country to an international conference convened

by, or under the auspices of, the United Nations; or

(iii) under a multilateral agreement conferring privileges and

immunities.

The Council shall be duly informed in each of these cases.

Paragraph 3 shall be considered as applying also in cases
4.
where a Member State is host country of the Organisation for
Security and Cooperation in Europe (OSCE).

5. Member States may grant exemptions from the measures
imposed in paragraph 1 where travel is justified on the grounds
of urgent humanitarian need, or on grounds of attending inter-
governmental meetings,
including those promoted by the
European Union, where a political dialogue is conducted that
directly assists the ICTY in the implementation of its mandate.
A Member State wishing to grant exemptions referred to in this
paragraph shall notify the Council in writing. The exemption
will be deemed to be granted unless one or more of the
Council Members raises an objection in writing within 48
hours of receiving notification of the proposed exemption. In
the event that one or more of the Council members raises an
objection, the Council, acting by a qualified majority, may
decide to grant the proposed exemption.

6.
In cases where pursuant to paragraphs 3, 4, and 5 a
Member State authorises the entry into, or transit through, its
territory of persons listed in the Annex, the authorisation shall
be limited to the purpose for which it is given and to the
persons concerned thereby.

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Official Journal of the European Union

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Article 2

This Common Position shall be kept under constant review.

The Council, acting upon a proposal by a Member State or the
Commission, shall adopt modifications of the list contained in
the Annex as required in order to assist the ICTY.

Article 5

Article 3

This Common Position shall be published in the Official Journal
of the European Union.

to maximise the impact of

In order
the abovementioned
measures, the European Union shall encourage third States to
adopt restrictive measures similar to those contained in this
Common Position.

Article 4

This Common Position shall take effect on the date of its adop-
tion. It shall apply for a renewable 12-month period after that
date.

Done at Brussels, 16 April 2003.

For the Council

The President

G. PAPANDREOU

ANNEX

List of persons referred to in Article 1(1)

1. Milovan ‘Cicko’ BJELICA

Date of birth: 19.10.1958

Place of birth: Rogatica, Bosnia-Herzegovina, SFRY

Passport No 0000148 issued 26.7.1998 in Srpsko Sarajevo

National ID No: 1910958130007

2. Momcilo ‘Momo’ MANDIC

Date of birth: 1.5.1954

Place of birth: Kalinovik, Bosnia-Herzegovina, SFRY

Passport No 0121391 issued 12.5.1999 in Srpsko Sarajevo, BiH

National ID No: JMB 0105954171511