Zivadin Jovanovic[1]
GERMANY AND KOSOVO PRECEDENT
Dietmar Hartwig’s[2] warning letters to Angela Merkel
It seems that the recent developments in Europe, and in particular the rising
secessionism (Catalonia, Flandreau, Corsica, Veneto, Scotland), rings a bell,
or rather is reminiscent of certain events. The ensuing ones are shedding more
light on the roles of the EU (EEC), the USA, Great Britain and Germany. One
wonders to what extent those democracies have been guided by the principles of
the international law and democracy in the Kosovo crisis. How much did they
appreciate the reports of their (expensive) missions in Kosovo and Metohija
(КDОМ, КVМ, ЕCMM) depicting the realities on the ground? To what extent have
they been defending the right to self-determination and human rights and to
what extent using separatism for expansion of their geopolitical interests?
As strategies are slow to evolve, recollections of the past may help better
understanding of the interests and roles of the USA, Germany, NATO, EU and
other geopolitical players in the ongoing Kosovo negotiations in Brussels
paired with Serbia’s accession to the EU.
Over a longer period of time, the leading members of both, NATO and the EU,
have been supporting the terrorist KLA[3] by political, financial and logistic
means. This was particularly visible in 1998. In June that year USA abandoned
previous position that KLA was terrorist organization and proclaimed it as
liberation force[4]. OSCE Kosovo Verification Mission (KVM) with personnel of
about 1.300[5], from October 1998 to March 1999 was just an imposed and
imported umbrella for preparation of the ensuing military aggression. This
period was particularly exploited for recuperation and equipping KLA with
modern NATO equipment. Subsequently, NATO treated KLA as its ground force in
launching military aggression against Serbia (FRY), country which in no way was
threatening any other country or organization.
The aggression in clear breach of the UN Charter, without even trying to get
consent of the UN Security Council, was a turning point in the world relations
towards globalization of the interventionism without authorization of UN SC. To
sum it up, the countries and integrations whose highest representatives swear
that they have always been upholding the principles and rule-based policies,
back in 1999 had provoked the strongest blow to the global legal order and to
the United Nations since the end of World War II. The policies pursued by
governments of those countries and by integrations thereof during the Yugoslav
and the Kosovo crises have provoked the spread of secession movements,
expansion of Islamic extremism and terrorism. Double standards policy toward
separatism and terrorism backfire today in Europe and beyond.
By violating the basic principles enshrined in the Helsinki Final Act, in the
UN Charter and in international conventions and treaties, NATO and EU member
countries have induced a lasting instability in the Balkans as the most
vulnerable part of Europe. Siding with the extremist, terrorist and criminals
of KLA, in one hand, and condemning, satanizing and even bombing Serbia, in
other hand, had been anything but token of democratic, humanistic, law based,
anti extremist or anti terrorist policy. Such EU and NATO key members’ policy
ought to be invoked today if we have a will and courage to explain at least
some causes of the current spread of extremism, terrorism, organized crimes and
separatism in Europe and beyond. If we are ready to face extremists and
terrorist in proper way. Presently, USA, Germany and Great Britain are exerting
pressure against Serbia, the one they have been demolishing, deceiving and
humiliating by recognizing the forcible capture of her state territory in the
form of an engineered unilateral and illegal secession of Kosovo, and
requesting that Serbia erases it all from track-record and forgets it all “for
the sake of her European future”! What kind of future could it possibly be
built upon such foundations!?
The separatist and terrorist genie that the leading countries of NATO and the
EU have unleashed from the bottle in Kosovo and Metohija back in 1998/99 for
the purpose of furthering the geopolitical goals of the USA, Germany and the UK
keeps spreading over Europe, while the EU and NATO believe they would be able
to push it back into the bottle clearing they names and revive their dented
unity by scarifying once again (interests of) Serbia! The real tragedy for
Europe is the reasoning that truth is only what the EU commissioners declare to
be the truth! The dominance of such reasoning is preventing the genuine
understanding of historical maelstrom that has engulfed the Old Continent!
“War on the FRY was waged to rectify an erroneous decision of General
Eisenhower from the Second World War. Therefore, due to strategic reasons, the
U.S. soldiers have to be stationed there.” This was the explanation given by
American representatives at a NATO conference held in late April 2000 in
Bratislava, noted by Willy Wimmer, former State Secretary in the German
ministry of Defense, in his report to Chancellor Gerhard Schroeder dated 2 May
2000.
The first point in this report is an explicit U.S. request that NATO members
and candidate members recognize ‘independent state of Kosovo’ as soon as
possible, whereas the tenth, last point, reads that ‘the right to
self-determination takes precedence over all others”. Should one be surprised
now by the present referendum on secession of Catalonia? Or, to save their
faces, Europeans should continue to keep repeating USA false, shortsighted
claim that “Kosovo is unique case”?
Wimmer’s report also notes the U.S. declared position at the Bratislava
Conference was that the 1999 NATO attack on Yugoslavia without UN SC
authorization is “a precedent to be invoked by anyone at any time, and which is
going to be invoked”. This renders any allegations of a principled and
rule-based policy utterly dubious: if the military aggression launched in
violation of the UN Charter is declared to be a precedent then unilateral
secession being direct result of such aggression can hardly be claimed “unique
case”! Normally, if the logic and principles have any place in NATO&EU
geo-policies!
In the eve of NATO 1999 aggression on Yugoslavia two major international
missions had been actively engaged in the Province of Kosovo and Metohija. One
under auspices of OSCE known as Kosovo Verification Mission (KVM), headed by
American diplomat William Walker and the other under the auspices of EEC (EU)
known as European Community Monitoring Mission (ECMM), headed by German
diplomat and army officer Dietmar Hartwig. The author had opportunity to meet
Mr. Hartwig in 2002 in Belgrade, on his request. This was about three years
following the end of his EU assignment in Kosovo and Metohija. He demanded
consultations on his intention to be witness in ICTY process against former
President Slobodan Milosevic In the prolonged talks during his stay in
Belgrade, Mr. Hartwig stated several times that during his assignment in Kosovo
and Metohija before the NATO attack his KVM counterpart ambassador Walker
surprised him by his harsh, highly provocative behavior and aggressive
instructions to his subordinates. “You should all know that there is no such
thing as high cost to deploy NATO in Kosovo. Any cost is acceptable” – was one
of apparently Walker’s typical instruction to his subordinates before the
aggression started on March 24rth, 1999, according to Hartwig.
NATO aggression – illegitimate act
After Kosovo Albanian leadership declared unilateral illegal secession in 2006,
Dietmar Hartwig in 2007 sent four letters to the German Chancellor Angela
Merkel urging her that Germany should not recognize such unilateral illegal
act. In his letter of October 26, 2007 Hartwig says:
“Not a single report (of ЕCMM) submitted from late November 1998 up to the
evacuation (of ЕCMM, KVM) just before the war broke out (March 24rth, 1999),
contains any account of Serbs having committed any major or systematic crimes
against Albanians, and not a single report refers to any genocide or similar
crimes… Quite the contrary, my (ECMM) reports have repeatedly communicated
that, considering the increasingly more frequent KLA attacks against the
Serbian executive authorities, their law enforcement kept demonstrating
remarkable restraint and discipline. This was a clear and persistently
reiterated goal of the Serbian administration – to abide to the
Milošević-Holbrooke Agreement (of October 13, 1998) to the letter so not to
provide any excuse to the international community for an intervention. In the
phase of taking over the Regional Office in Priština, colleagues from various
other missions – KDOM, U.S., British, Russian, etc. – confirmed that there were
huge ‘discrepancies in perception’ between what said missions (and, to a
certain degree, embassies as well) have been reporting to their respective
governments and what the latter thereafter chose to release to the media and
the public of their respective countries. This discrepancy could, ultimately,
only be understood as an input to general preparations for war against
Kosovo/Yugoslavia. The fact is that, until the time of my departure from
Kosovo, there has never happened anything of what have been relentlessly
claimed by the media and, with no less intensity, the politics, too.
Accordingly, until 20 March (1999) there was no reason for military
intervention, which renders illegitimate any measures undertaken thereafter by
the international community.”
“Kosovo place of restlessness”
“The collective behavior of the EU Member States prior to, and after the war
broke out, certainly gives rise to a serious concern, because the truth was
lacking, and the credibility of the international community was damaged.
However, the matter of my concern is exclusively the role of the FR of Germany
and its role in this war and its political objective to separate Kosovo from
Serbia…”
“The daily political news reporting over the previous months (before October
2007) made it progressively more evident that Germany not only supports the
American desire to see Kosovo independent, but also actively engages on its own
in dividing the Serbs…You are to be considered responsible for this. The same
goes for your foreign minister, in particular, who knows perfectly well what is
going on in Kosovo, and is presently pursuing your political directives by
tirelessly advocating Kosovo’s independence and, thus, its secession from
Serbia. Instruct him, rather, to promote a durable solution for the Kosovo
issue which is in line with the international law… It is only if all states
choose to observe the applicable rights, we can have the foundations for the
common life of all nations. Should Kosovo become independent, it will be
perpetuated as the place of restlessness… Contribute to achieving the solution
for Kosovo on the basis of the endorsed UNSC Resolution 1244 pursuant to which
Kosovo remains a province of Serbia. American wishes and active efforts to see
Kosovo secede from Serbia and see Kosovo and Kosovo Albanians achieve full
independence, are contrary to the international law, politically deprecated
and, on top of all, irresponsibly expensive…”
Others to claim “Kosovo solution”
“Kosovo’s secession from Serbia guided by ethnic criterion would constitute a
dangerous precedent and a signal for other ethnic communities in other
countries, including in EU Member States, who could rightfully request the
‘Kosovo solution’” – says Dietmar Hartwig in concluding his letter to
Chancellor Merkel.
Enough said about the ‘humanitarian intervention’ and the concerns for the
protection of rights of the Albanian population as the features of the
“uniqueness of the Kosovo case”. American Military base “Bondsteel” in the
vicinity of the town of Uroševac, surely by a pure chance, happens to be among
the largest U.S. military bases outside the USA! Perhaps their anxiety over
being potentially spied on from the Serbian-Russian Humanitarian Center in the
City of Niš uncovers awareness that “Bondsteel” is illegally built there?!
It was the U.S.A, the EU and NATO, not Serbia, who froze the conflict following
the armed aggression of 1999. They and kept it frozen for the past 18 years by
not allowing complete implementation of UN SC resolution 1244. They pressed
Serbia to fulfill all its commitments insisting on the legally obliging
character of the resolution while exempting them and the Albanians from any
obligation therein. They realized that full implementation of UNSCR 1244 means
preservation of sovereignty and integrity of Serbia, values which do not suit
their geopolitical objective of expanding to the East (Russia) and South-East
(Mediterranean).
At present the West, primarily Germany, insist that Serbia ‘unfreezes’ Kosovo
“independence process”. How? By compelling Serbia to sign a ‘legally binding
agreement’ with Pristine, to recognize a illegal unilateral secession, legalize
illegal 1999 aggression, permanently accept over 250.000 dislocated Serbs and
other non-Albanians from Kosovo and Metohija and essentially assume
responsibility for all what has happened or may happen in the future!
The German case
French General Pierre Marie Galois, close assistant to the late French
President General De Gaulle, is very interesting and reliable witness of the
Germany’s politics toward Yugoslavia, particularly toward Serbia and Serbs. In
his address to the Belgrade Forum for a World of Equals on occasion of the 10th
anniversary of NATO aggression he recalls that “dismantling of Yugoslavia was
an operation that had been planned in Germany for a long time. They were not
just waiting for the death of President Tito in 1980, but were preparing
succession and profiting from his departure by reorganizing this territory[6].”
To explain and support this assessment, General Galois considers three key
motives behind such German geopolitics:
First, “there was obvious (Germany’s, aut.) desire to exert revenge on the
Serbs who twice, from 1914 to 1918 and from 1939 to 1945 joined with allies
against Germany”…“Second, Germans wanted to reward the Croats and the Bosnian
Moslems who had joined Nazi Germany”…Third, they wanted Slovenia and Croatia in
the sphere of Germany’s interests (EEC) as well as access to the Mediterranean
via Adriatic.
Historians will certainly judge objectively the validity of the General Galois’
arguments, but it is beyond any doubt that he was exceptionally capable and
highly respected military and political strategist in the post WWII France,
with access to very important sources of information. Also, his assessment does
not contradict other available information. Let it be noted, for instance, that
in the eve of civil wars in Croatia and Bosnia and Herzegovina at the beginning
of 90-ies of the last Century thousands of tones of military hardware from
former GDR was illegally exported from Germany to Croatia arming its
paramilitary forces. In addition, Germany was the first country to recognize
unilateral secessions of Slovenia and Croatia. It was done December 23rd, 1991
by Minister Hans Dietrich Genscher who disregarded call of UN SG Perez de
Cuellar who urged Germany to wait for recognition to be part of the peace plan.
The rest of the 12 EEC members followed Genscher’s step.
In the period of 90-es of the last Century Germany was the source of financing
separatists and terrorists in Kosovo and Metohija (KLA). So called “Kosovo
government in exile” headed by Bujar Bukosi had an office and network of
collecting funds in Germany and other West European countries (Belgium,
Switzerland, Italy) for recruiting, training and arming the terrorists. In
various occasions and on various diplomatic levels this problem was presented
to German authorities in order that they stop anti Serbian (FRY) activities
from their territory and comply with the diplomatic rules, national and
international laws, including specific decisions of the UN Security council.
Unfortunately, these interventions had no effects.
On December 9-10th, 1997, Council of the Peace Implementation in Bosnia and
Herzegovina was convened in Bon (Dayton-Paris Peace Agreement). The Yugoslav
Delegation, headed by Political Director of the Federal Ministry for Foreign
Affairs, Ambassador Dragomir Vucicevic was well prepared for participation,
particularly having regard that FR of Yugoslavia was one of the guarantors of
the Dayton-Paris Peace Agreement. However, German Minister for Foreign Affairs
Claus Kinkel, after opening the Conference, insisted that the agenda of the
Conference be expanded to include consideration of the issue of Kosovo and
Metohija which had no relevance to the Dayton-Paris Peace Agreement. Kinkel’s
method of fait-a-complie, naturally, was unacceptable from the point of the
framework of the Conference, practice applied at the preceding conferences and
principle of transparent preparations. In addition, Serbia (FRY) had maintained
position that Kosovo and Metohija is an issue of internal nature which will be
resolved by political methods respecting territorial integrity and sovereignty
of Serbia (FRY). Therefore Yugoslav Delegation abandoned Bon Conference.
Unitarization of Bosnia and fragmentation of Serbia
Interestingly, Bon’s final document is one of the most extensive of all
Council’s documents and so called “Bon’s Full Powers” made the High
Representative the ultimate legislative and executive authority in Bosnia and
Herzegovina – above the Parliamentary Assembly, Presidency, governments. So
called Bon’s 1997 principles made the whole Dayton-Paris system deformed,
non-functional, non-delivering, and so up today. If there is a single or key
cause for Bosnia and Herzegovina being dysfunctional and unstable today, than
it is Bon’s “Full Powers” originating from Germany’s Foreign Ministry and its
geopolitics. Using and abusing Bon’s “Full Powers” the High Representative had
been imposing laws systematically curbing authority of the entities and
transferring the power to Sarajevo thus reopening process of centralization and
unitarization, destabilizing political system as laid down in Dayton. This
process has been particularly directed to deprive the powers of Serbian entity
Republica Srpska entrusted to it by Deyton-Paris Peace Agreement.
Aforesaid, perhaps, would not be of much use if today we wouldn’t be faced with
similar German geopolitics and demands. Serbia, naturally, does not recognize
illegal unilateral secession of its Province. Under UNSCR 1244 and under
current Constitution Kosovo and Metohija makes integral part of sovereign
Serbian state territory. Nevertheless, Germany insists that Serbia signs
“legally binding document on normalization and good neighborliness” with
Kosovo! In fact, such “legally binding” document would equal recognition of the
illegal secession. This would also mean that Serbia will not object Kosovo’s
membership to the UN, UNESCO, OSCE, CE and other international organizations.
Finally, by signing such a document, Serbia would “a posteriori” grant amnesty
to NATO for its 1999 military aggression, i.e. for all human victims, enormous
destruction and war damages. Interestingly, German diplomats have already
prepared the draft of such an agreement which most likely will be presented in
the way “take it or leave”. Perhaps, the authors of the draft agreement are the
same who in 1997 drafted Bon’s “full powers” for High Representative in Bosnia
and Herzegovina? The same ones who initiated Kosovo and Metohija to be part of
Agenda of the Bon’s Peace Implementation Council’s meeting convened to consider
implementation of the Dayton Peace Agreement on Bosnia and Herzegovina, in
December 1997?
Objective - to bind Serbia only
UNSCR 1244 (1999) is legally binding document of the highest rank in the
hierarchy of international public law. It provides guaranty for sovereignty and
territorial integrity of Serbia as well as substantial autonomy for the
Province of Kosovo and Metohija within Serbia. Serbia has long ago fulfilled
all her obligations from this legally binding document. The others, including
UNMIK, KFOR and particularly Kosovo Albanian leaders have not. For example,
about 250.000 of displaced Serbs and other non-Albanians from Kosovo and
Metohija 18 years after have no possibility as yet to freely and safely return
to their homes and lands in the Province! Why? Many Serbs, including school
children, harvesters, bus passengers and others have been abducted, or killed
in the period since the Province got under the UN mandate. Nobody has been
found guilty. Why?
In the Brussels negotiations process under EU auspices in the last several
years a number of agreements have been reached. Again, Serbia has fully
complied with all its obligations, the others have not.
So, even if Serbia would sign any new legally binding document which what in
the opinion of the author Serbia should not do, it would bind only Serbia, not
anybody else. All who supposedly would offer guaranty that this time it would
be different have lost their credibility long ago, EU including.
Accepting legally binding agreement with Kosovo Serbia would be permitted to
come to the door step of EU by 2025. Mere signature would not be enough for EU
membership. Full implementation is required before. What happens if Serbia
signs such an agreement and EU, or any of 27 member countries come with new
demands and preconditions which Serbia would not be able to fulfill? Let us not
be mistaken – the history of Serbia’s relations with EU and with a number of
neighboring countries abound such examples. Who is enough credible to guaranty
to Serbia that this is excluded? Is it possible that Serbia delivers everything
that she is required now and finally gets nothing?
Kosovo and Metohija, birthplace of Serbian state, culture, religion, and
identity should not be considered commodity to exchange for EU membership.
German diplomacy evokes “Germany’s case” wherein both, West and East Germany
(GDR) had been UN members while not formally recognizing each other. This
reference is meant to be only face saving for the government in Belgrade, which
keeps giving in substantial concessions and at the same time declaring it will
never recognize Kosovo as sovereign state. It is, however, quite clear that
there are no similarities to compare between FR Germany and GDR, in one hand,
and Serbia and Kosovo, on the other.
On April 12, 2007, German ambassador to Serbia Andreas Coble at the European
Forum’s conference in Belgrade stated that “if Serbian Government continues to
insist that Kosovo is integral part of Serbia, it is possible that the question
of Vojvodina[7] may be opened. Hungary might insist on Vojvodina. And not only
that. There would be possibility for opening of the question of Sandzak
(Raska)”[8]. Could really such elaborated statement be just of personal
invention of visionary, well-intended diplomat, or perhaps he has learned about
those “possibilities” in the course of preparations for his Belgrade
ambassadorial post?
His successor Ambassador Andreas Mass in December 2011 gave astonishing public
advice to Serbian nation to teach their children to love NATO because NATO
bombed Serbia in 1999 for good of Serbia. Mass did not comment 4000 Serbian
citizens killed by NATO, including by German bombers, killing children, train
passengers, hospital patients. He did not mention use of missiles with depleted
uranium, destroyed schools, hospitals, monuments. Nevertheless he was certain
that Serbia will be member of NATO anyway. “The question is not whether but
when Serbia will become NATO member” – said Mass.
Present German ambassador Aksel Ditman in the interview to the Belgrade weekly
“NIN” on November 11th, 2017, stated that Germany supports membership of
unilaterally conceded Kosovo to the UN and other international organizations.
In fact, Ambassador does not even pretend to respect the territorial integrity
and sovereignty of the receiving country which is all but diplomatic.
It is long time since Dietrich Genscher and Claus Kinkel were ministers of
foreign affairs of Germany. But the same “good geopolitics” concerning Balkan
and especially Serbs and Serbia, remain firmly implanted in Berlin.
With the best wishes,
Sa postovanjem,
Zivadin Jovanovic
_____
[1] Federal Minister for Foreign Affairs of FR of Yugoslavia 1998-2000.
Chairman of the Belgrade Forum for a World of Equals
[2] Head of EU (EEC) Monitoring Mission in Kosovo and Metohija (ECMM) from
1998 until March 20th, 1999
[3] Kosovo Liberation Army
[4] Special USA representative Richard Holbrook met KLA commanders June 20th,
1998, in Junik, Kosovo and Metohija, Serbia
[5] Of 2000 planned
[6] Message au People Serbe, Belgrade Forum for a World of Equals, p. 36,
Belgrade 2009
[7] Another Autonomous Province of Serbia partially populated by members of
Hungarian national minority
[8] Populated by Moslems (Bosniaks) ethnic community
