Prof.Dr.Rajko Doleček,DSc.
August 8, 2010.
CROWS WON´T PECK OUT EYES OF THEIR CROW BROTHER
The ICJ declared that Kosovo´s UDI was not illegal (A Czech Comment)
The ruling of the International Court of Justice (ICJ) in The Hague, on July
22, 2010, that the Unilateral declaration of independence (UDI) of Kosovo did
not violate general international law, elicited many conflicting reactions.
regardless of court´s assertion that: -:The court considers that it has a
jurisdiction to give an advisory opinion in response to the request made by the
(UN) General Assembly“.But it turned out that the question was put in a rather
dilettante way (intentionally ?). The question that would much more correspond
to reality and to needs of the international law could be: -„Is Kosovo a state
identical with the standards of international law?“ or „Doesn´t the
recognition of Kosovo as a state by other states violate the international
law?“
At the same time the ICJ neither did assess the consequences of the UDI
(i.e.whether Kosovo is a state), nor the legitimacy of its recognition of
independence by a number of states, or the events that preceded or followed
it. And the ICJ declared that it did not consider in its verdict the
legitimacy of any self-determination or succešssion. And so actuaally the
declaration was neither legal nor illegal. But nevertheless the powerful
official propaganda machine and a part of media of the West, in both the USA
and in the European union (EU), started immediately a noisy campaign that it
had been a clear recognition of independence of Kosovo. Can as a consequence of
it declare its independence any settlement or county in any country?
The embarrassment and the short-sightedness of the ICJ is clearly
shown in the paper by a Czech historian J.Pelikán (PRÁVO, July 24, 2010) „The
verdict in The Hague weekened even more the confidence in justice“.That
confidence was lost already a lot of time ago by an other international court
in The Hague, by the ICTY (International Criminal Tribunal for the war cimes in
the former Yugoslavia). Because of its controversial legitimacy and because of
its one-sidedness of verdicts and procedures (its preferential treatment of
Muslims, Kosovo Albanians, partially Croats), some people in the West call it
„the kangaroo court“, the court characterized by irresponsible, unauthorized or
irregular status or procedures, a court that violates laws and justice. The
model for that court is not Nürenberg 1946, but Moscow 1938, with Stalin´s
monster processes. It must be recognized, that the ICTY does not execute, but
there are rather many arrested Serbs who died in the Hague´s prison, including
here the president Milošević. The well known British journalist John Laughland
wrote about it (The Times, June 17, 1999): -„It is a Tribunal of Rogues, with
Prearranged Decisions“.The Nobel prize winner Harold Pinter (2005) wrote a
paper „Harold Pinter about bandits and murderers“ (Der Standard, May 20, 1999).
It is not without a suggestive tinge of astonishment, that the ICTY
in july 2010 rearrested the leading Kosovo Albanian Ramush Haradinaj, the
former prime minister of the Kosovo government, a former field commander of the
UK. He and his followers were cruelly assassinating not only the Serbs and the
Romanies, but the Albanians loyal to Serbia as well. The ICTY was earlier not
able to sentence him, because the witnesses were either dead or affraid to
witness. The former attorney general of the ICTY Carla del Ponte charged him
and his co-perpetrators: -„Here are three men charged with crimes, horrible,
cruel, brutal crimes; crimes of murder, torture and expulsion, rape,
kidnapping, cruel imprisonment and most brutal torment, the crimes that had
happened far from internationals observers…“ (The Hunt; I and the War
Criminals-The Lady Prosecutor. Profil, Belgrade, 2008, p.289). He was
officially an esteemed person by both the British and the US ambassador, a
photo shows him sitting between them during a public celebration. But still
free are two additional well known war criminals, killers, the brother of
Ramush Daut, and Fatmir Limaj, the member of Kosovo´s parliament. The ICTY was
not able to sentence them, because a few witnesses had been murdered, a few of
them had refused to witness, others had just disappeared. And so they were
released.
The embarrassing verdict of the ICJ, without taking any relevant
considerations about the recent events in Kosovo, means an other attempt how to
compell the UN, to recognize Kosovo as an independent state. So far only 69
countriers out of 192 did it. As for the European union (EU), 22 states
recognized Kosovo, but 5 courageous did not (Cyprus, Greece, Romania, Slovakia,
Spain). Out of 14 judges of the ICJ, four were against the recognition. Brasil
and Slovakia were among them. The ICJ totally ignored the Security Council
resolution No.1244 (June 10, 1999) that did not speak about any ultimatum, but
it welcomed the consent of its signatury, the Federal Republic of Yugoslavia
(FRY), to allow the deployment of the international forces in Kosovo. Nobody
did mention that the Resolution 1244 included the provision that a limited
number of Yugoslav and Serbian troops and police would be allowed to return to
Kosovo. It was stipulated that the return of ALL refugees would be made
possible, together with the protection of their rights (and their lives) and
the return of their property. Kosovo would receive a wide-ranging autonomy
WITHIN the FRY. But nothing out of it was realized. As for the above
resolution, it stated that any changes in it could be made only with the
consent of its signatories. Another shameful side of ICJ´s verdict was the
fact, that if completely violated the final act of the Helsinki accord (1975)
not to interfere into the internal affairs of its signatories (Yugoslavia was a
signatury) and not to change any frontiers without a consent by all the
parties concerned. In that way the ICJ helped to legalize the use of arrogant
force in Europe. Scandalous claims were said e.g. by the Czech foreign minister
Karel Schwarzenberg, that the Resolution 1244 actually took Kosovo out of the
jurisdiction of FRY. He even refused any analogy between the sell-out in Kosovo
by the West and the Munich agreement in 1938 in which the West sacrificed
Czechoslovakia to the Nazi Germany.
The ICJ verdict did not mention at all the events immediately after
the occupation of Kosovo by the NATO troops and what preceded the declaration
of independente of Kosovo. When the Yugoslav (Serbian) army and police left
after June 10, 1999, in a very short time about 100 orthodox churches and
monasteries were robbed, damaged or destroyed, about 250 000 Serbs (out of them
up to 3 000 had been assassinated), Romanies, a small colony of Croats and the
last Jews were robbed and expelled by the Kosovo Albanians. No protection was
given to them by the occupying forcečs. The Albanians, loyal to Serbia or
Yugoslavia had to leave too, if they managed to stay alive. 40 000 homes were
robbed and destroyed. Executions of captured Serbs and Romanies were reported,
in some of the executed their organs had been taken out and sold for
transplantations (Carla del Ponte wrote about it in her book). A Swiss senator
Dick Marty was charged to find the facts about it.
A „Crystal Night in Kosovo“ took place during March 17-18.2004. The
presence of 17 000 KFOR troops and 4 000 of UNMIK police members did not
prevent the Kosovo Albanians from murdering 19 Serbs and Romanies, to wound
severely about 300 of them, to expell 4 000 of them from their homes and to
destroy 1 000 of them. The German and French KFOR troops behaved in a very
coward way and did not prevent the robbing and destruction of additional 37
orthodox churches amd monasteries. As an example, the sacking of the ancient
„imperial city of Prizren“ (in the time of emperor Dušan in the XIV.century)
may be mentioned. Until June 1999, there lived in Prizren 9 500 Serbs, at the
end of 1999 there were only about 100 of them, after the Crystal Night none.
The same may be said about Peć (the ancient seat of the orthodox patriarchate)
and Priština, with no Serbs more. The remaining Serbs, Romanies, Gorances live
in ghettoes, without any possibility for employment, with no schools, no health
service…It was the elite Indian general Satish Nambiar (the ex-commander of
UNPROFOR) who said:-„The responsibility is mainly at the doors of NATO. Where
did stay the international community, which – and I proclaim it officially –
does not consist only of the USA, of the West and of its newly found Muslim
allies…“(PRAVO, May 15, 1999).
The European Union in its beginning as the European Community,
behaved like a group of venal countries, when it at Maastricht on December 17,
1991, under a severe pressure of Helmut Kohl´s German government and of
Vatican, recognized Croatia and Slovenia as independent countries. That event
prompted the recognition of Bosnia and Herzegovina on Apríl 6, 1992. followed
by a bloody civil, ethnic and religious war. All that activity connected with
the shameful verdict of the ICJ in The Hague is an additional shame for the
European union, which did not apologize to FRY, and especially to Serbia, for
those 78 days and nights of criminal NATO aggression with barbarous air raids,
with bombing and killing, with huge destructions, all those without any
Security Council mandate, based on fabrications and disinformations by the West
about Kosovo. A normal and honest person cannot understand, how could all
those Americans, British, Dutch, French, Italians, Germans (they already for
the second time during the last 60 years), with their mouths full of human
rights and democracy, kill the Serbian and Albanian children and adults. Why
did they use in Serbia, including Kosovo, and in the Serb part of Bosnia the
depleted uranium and the cluster bombs. The people of the West and of the ICJ
somehow forgot, that on Apríl 14, 1999, the NATO cluster bombs killed „by
mistake“ 75 Albanians in a refugee column, on road from Dečani to Djakovica.
There were more such „mistakes“ during may and june 1999. Almost nobody from
the official West (and from the ICTY and ICJ) was interested in the reports
from Serbia, Kosovo, Bosnia, (from the areas bombed with „friendly“ depleted
uranium), how much there increased there the numbers of patients with
malignant tumors, leukemias, that many more malformatios have been born. Why
are all those criminal events followed by silence?
The West has totally forgotten, that the Serbs had been its staunch
allies during two big wars. And its newly created allies are those who had
fought until the bitter end, on the side of the Nazis and Fascists.
-„A CROW WON´T PECK OUT EYES OF ITS CROW BROTHER,
TURKS ARE ALWAYS BROTHERS OF EACH OTHER…“
Those verses were written by the Montenegrin ruler Njegoš in the XIX.century,
in his famous epic poem „Mountain Wreath“, and they are probably the best
explanation of the embarrassing and shameful verdict of the ICJ.
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