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Prosecutor Nice: Did you respond to that? And if so, when? Galbraith: I responded that ... we delivered several démarches to the Croatian government in this period. Th e Croatians were concerned that if they took military action, that they would face sanctions from the UN Security Council for having a wider war. We responded by expressing understanding for the situation in which they found themselves and understanding for the fact that they were prepared to expend blood and treasure to save Bihać. We were deeply concerned that Bihać would fall, that it would become another Srebrenica. It was four times as populous as Srebrenica, so we were concerned that we could see 30 to 40 thousand people being massacred if Mladić and the Bosnian Serbs did the same thing there. We did not approve any kind of military action, and we pointed out that military action would have serious ... that it was always a risky proposition, that if Croatia got into any diffi culty, it certainly couldn’t expect any help from the United States. And I warned Tuđman in the strongest possible terms that should there be any kind of military action, that we would hold him accountable and Croatia accountable for protecting the civilian population, Serb civilians, as well as for making sure that UN peacekeepers in the area were not hurt. Prosecutor Nice: Th ough you didn’t support, did you expressly oppose, or did you leave that neutral? Galbraith: We neither supported nor opposed. Prosecutor Nice: Despite what must have seemed -- was to turn out to be an inevitable war, did you make one last eff ort yourself to avert that consequence? Galbraith: Yes. Our position on this, the US government position, was as I said - and I just want to emphasize it - very much aff ected by what was happening in Bihać. We recognised that a war was going to have terrible humanitarian consequences but that it was a lesser evil than what we thought was the likely massacre of 40,000 people in Bihać if the Serbs applied Srebrenica rules there. Nonetheless, we wanted to do everything possible to try and fi nd a peaceful settlement, and so when I spoke to President Tuđman on the 1st of August in Brioni, on instructions from the State Department, I raised with him the possibility of meeting Babić in Belgrade later that week. I should preface this by saying that the previous weekend I had been in touch with Babić through the United Nations and had proposed a meeting to try and see if we could head off the war. He had said, “You’re not welcome to come to Knin, but I’d be prepared to meet you in Belgrade.” Prosecutor Nice: “Who had made you ... who had made you unwelcome in Knin?” Galbraith: Martić. Prosecutor Nice: But Babić was prepared to meet you in Belgrade? Galbraith: Babić said I wouldn’t be welcome in Knin, but he wanted to meet me in Belgrade. Tuđman initially said this would be an interesting idea but don’t wait until the end of the week; do it right away. Incidentally, a few hours later he had his press 364

secretary, his deputy press secretary call to say maybe it wasn’t such a good idea, but the US government was determined to see if there was any hope for peace, so they instructed me to go to Belgrade. I went there on the morning of the 2nd, and at 8.00 in the evening, I met with Babić. Prosecutor Nice: Th e 2nd of August, 1995 you met Babić. What did you tell him? Galbraith: I told him that a catastrophe was about to overtake the Krajina Serbs, that the Croatian military was poised for military action, that because of the attacks that the Krajina Serb army had participated in into Bihać there was virtually no sympathy for them in the international community, and that they would have to agree with terms that President Tuđman had outlined to avoid military action. Th ose terms included a withdrawal of all RSK forces from Bihać, the reopening of a pipeline through Sector North that had been opened by the economic agreement but closed down by the Krajina Serbs, the opening of road and rail links through Knin, and most importantly, an agreement to begin immediate negotiations for political settlement within Croatia. Prosecutor Nice: Do you remember roughly how many items there were in the requirements? Galbraith: I think there were seven. Prosecutor Nice: What was Babic’ć general reaction to your proposal? Galbraith: Babić came alone to this meeting which was held at the American Embassy in Belgrade. His demeanour was extremely serious. He listened attentively to everything I said. And then he replied in the following manner: He began by apologising by what had happened on the 30th of January. He said that it was incomprehensible that the Krajina Serb government should have received the representatives of the most powerful countries in the world, that is, the United States, Russia, the European Union, and then to have refused to receive the plan. He had said that this was something that was decided by those higher than him, specifi cally Martić and Milošević. He then went on to say that he could understand fully why the Croatians were attacking at Glamoč and Grahovo, places in the Livno Valley that they that they’d taken, and why they were poised to attack the Krajina region, that he could not understand the reasons why his government had launched an attack into Bihać. He said that he would accept the conditions, at least all the conditions but the last one, the political condition, where we had some more discussion. He said that he didn’t feel that he could say that he would accept a settlement based on reintegration into Croatia. He said, “No political leader could say that.” So I said, “Well, as an alternative, why don’t you say that you will agree to negotiate on the basis of the Z-4 plan, which is in fact an arrangement to reintegrate the Krajina into Croatia.” We had a back and forth about Eastern Slavonia. I said that it would be impossible to go beyond the provisions of the Z-4 plan on Eastern Slavonia which would not have the special autonomy, because it was not a Serb-majority area. 365

Prosecutor Nice: Did you respond to that? And if so, when?<br />

Galbraith: I responded that ... we delivered several démarches to the Croatian<br />

government in this period. Th e Croatians were concerned that if they took military<br />

action, that they would face sanctions from the UN Security Council for having a wider<br />

war. We responded by expressing understanding for the situation in which they found<br />

themselves and understanding for the fact that they were prepared to expend blood and<br />

treasure to save Bihać. We were deeply concerned that Bihać would fall, that it would<br />

become another Srebrenica. It was four times as populous as Srebrenica, so we were<br />

concerned that we could see 30 to 40 thousand people being massacred if Mladić and<br />

the Bosnian Serbs did the same thing there. We did not approve any kind of military<br />

action, and we pointed out that military action would have serious ... that it was always<br />

a risky proposition, that if Croatia got into any diffi culty, it certainly couldn’t expect any<br />

help from the United States. And I warned Tuđman in the strongest possible terms that<br />

should there be any kind of military action, that we would hold him accountable and<br />

Croatia accountable for protecting the civilian population, Serb civilians, as well as for<br />

making sure that UN peacekeepers in the area were not hurt.<br />

Prosecutor Nice: Th ough you didn’t support, did you expressly oppose, or did you leave<br />

that neutral?<br />

Galbraith: We neither supported nor opposed.<br />

Prosecutor Nice: Despite what must have seemed -- was to turn out to be an inevitable<br />

war, did you make one last eff ort yourself to avert that consequence?<br />

Galbraith: Yes. Our position on this, the US government position, was as I said - and<br />

I just want to emphasize it - very much aff ected by what was happening in Bihać. We<br />

recognised that a war was going to have terrible humanitarian consequences but that it<br />

was a lesser evil than what we thought was the likely massacre of 40,000 people in Bihać<br />

if the Serbs applied Srebrenica rules there. Nonetheless, we wanted to do everything<br />

possible to try and fi nd a peaceful settlement, and so when I spoke to President Tuđman<br />

on the 1st of August in Brioni, on instructions from the State Department, I raised<br />

with him the possibility of meeting Babić in Belgrade later that week. I should preface<br />

this by saying that the previous weekend I had been in touch with Babić through the<br />

United Nations and had proposed a meeting to try and see if we could head off the war.<br />

He had said, “You’re not welcome to come to Knin, but I’d be prepared to meet you in<br />

Belgrade.”<br />

Prosecutor Nice: “Who had made you ... who had made you unwelcome in Knin?”<br />

Galbraith: Martić.<br />

Prosecutor Nice: But Babić was prepared to meet you in Belgrade?<br />

Galbraith: Babić said I wouldn’t be welcome in Knin, but he wanted to meet me in<br />

Belgrade. Tuđman initially said this would be an interesting idea but don’t wait until<br />

the end of the week; do it right away. Incidentally, a few hours later he had his press<br />

364

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