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To: ALL

From: Andi Wolos & Bob Necci

(POW-MIA InterNetwork)

Re: State Dept Briefing 01 APR 99

Date: April 02, 1999

NOTE - Edited by AII POW-MIA for non-POW material.

U.S. DEPARTMENT OF STATE
DAILY PRESS BRIEFING

THURSDAY, APRIL 1, 1998 P.M.
(ON THE RECORD UNLESS OTHERWISE NOTED)

RUBIN: Greetings. Welcome to the State Department briefing, today being Thursday. Let me start with a statement with regard to our servicemen. The United States Government is contacting authorities in Belgrade through our protecting power, Sweden, in regard to the illegal abduction of three American servicemen who were serving in non-combatant status in Macedonia. There is no basis for their continued detention by the Belgrade authorities. We insist that they be provided any necessary medical assistance and treated humanely and in accordance with all prevailing international agreements and standards. We will hold Belgrade authorities responsible for their safety and treatment.

Q: Have you been working with the Swedes, the protecting power in Belgrade? Have you heard back from them?

RUBIN: I don't have any new information to report. Clearly, under the Geneva Convention which would apply -- whether or not we're at a state of war it applies -- the Serb authorities are responsible to, under the convention, to pursue through the protecting power, allowing access to them, and also access through the ICRC. That is required.

Q: You sort of got into it just there, the crux of the whole question here. You don't think these men or prisoners of war? The Serbs aren't calling prisoners of war. Can you explain what's behind all of that?

RUBIN: Well, obviously there's armed conflict between NATO forces and the Serbs in Serbia and in Kosovo. But as far as the legal definition of a state of war and all that would apply, it's just not relevant to this circumstance. All I'm saying is that there is very clear international law that applies here. What it requires in a circumstance like this is that humane treatment at all times, including protection against acts of violence, intimidation, insults and reprisals; all medical attention required by their state of health; protection from any form of coercion or a threat to secure any information beyond the name, rank, serial number and date of birth; evacuation from any area of danger; adequate food, clothing and quarters; and access, as I said, by protecting powers in the international committee of the Red Cross.

Q: This is under the Geneva Convention?

RUBIN: Correct.

Q: There apparently has been a report on Tanjug that these men would be subjected to some sort of military trial.

RUBIN: Well, that would be a violation of international laws I've just specified.

Q: Okay, but you're not aware of that

RUBIN: I mean, I've seen the report on Tanjug, but I'm not aware of it.

Q: If there is such a trial, will the US be asking the Swedes to monitor or participate?

RUBIN: Well, such a trial is obviously ridiculous for the Serbs to try to court- martial American soldiers. The fact is, it was illegal for them to be abducted. They were performing a mission in a neutral country. There is no basis for their detention and under the Geneva Convention, to subject to them to some phony trial called a court-martial is just ridiculous.

Q: So there's no way that the US would recognize the legitimacy of this by asking a protecting power, the Swedes, to go and attend?

RUBIN: It's very clear what the Serb responsibilities are. I've described them, and we don't -- it just doesn't fly in the face of international law for them to be subjected to that. It would be a violation of international law.

Q: But is your argument on them based on the fact that they were in Macedonia as -- I forget what the official title was -- but essentially

RUBIN: A non-combat border patrol in a neutral country.

Q: Right, but didn't that mandate expire?

RUBIN: Regardless, to be abducted like this is simply -- the situation is that they were illegally abducted. There's nothing more to say. They should not have been abducted and brought to Serbia, and the requirements under international law are pretty clear from what I said.

Q: When this incident took place, were they under UN control or under NATO control?

RUBIN: You'd have to check with the Pentagon on their exact status of the forces there.

Q: Jamie, is there absolute certainty that these troops run a Macedonian side of the border, or is that under investigation by this government?

RUBIN: The Pentagon is obviously looking into it. They have spoken to this during the course of the day. I don't have anything to add to it. It's really up to the Pentagon to describe their exact location and the circumstances of their abduction. But clearly, we believe they were illegally abducted.

Q: Jamie, I may have missed this at the beginning but did you say that they are to be treated as prisoners of war under the Geneva Convention?

RUBIN: What I said was they are prisoners, clearly. The Geneva Convention provides for certain treatment. We're not at a state of war but, nevertheless, the international lawyers advised me that the requirements -- that they be treated humanely, that they get the necessary medical attention, that they're protected from any for of coercion, that they get the adequate food and clothing, that they get access by our protecting power and the international committee of the Red Cross -- still pertain.

Q: But the question is, if we're not at a state of war, how do you describe the state?

RUBIN: Well, I don't have a legal definition but clearly, NATO is conducting air operations against Serb forces. I just don't have a legal description. Clearly, we're conducting air operations. The facts are quite clear to everybody.

Q: This may be a question that Carol was asking, but let me try it from a different direction. With the end of a UN mandate, what is the international authority for

RUBIN: Certainly they were - the Macedonia Government had no problem with them being there. So there's no question that they were appropriately. What precise form their state of deployment is, is something that I just am saying you have to ask the Pentagon about. But clearly, they were in Macedonia, that the Macedonia Government was happy to have them there. So there is no question of whether they were appropriately there. Describing their precise status is something I would like to leave to the Pentagon.

Q: Ca you tell us if the Swedes have already contacted the Belgrade

RUBIN: I don't have that information. We've asked them to.

Q: Is their a time limitation? I mean, is it 48 hours for consular access?

RUBIN: I don't have that kind of information but clearly, it should be in deliberate speed.

(EDITED BY AII POW-MIA)
End of Transcript