TO SECURE WORLD PEACE KOSOVO MUST RETURN TO SERBIA !
By Bernard CHALUMEAU
Specialist in Public and International law
General Secretary of « Alliance pour la Souveraineté de la France ».
By its decision of 22nd July 2010, the International Court of Justice in the Hague (ICJ) ruled on the conformity of the Unilateral Declaration of Independence (UDI) with international law. It is now necessary to consider the actual legal impact on Kosovo.
By ten votes against four, the ICJ concluded July 22, 2010: “The declaration of independence of 17 February 2008 did not violate international law or Resolution 1244 (1999) of the Security Council (1) or the constitutional framework. Accordingly, the adoption of that declaration did not violate any applicable rule of international law.”
This is far from the noisily urbi et orbi conclusive statements of the socialist former High Representative of the General Secretary of the UN in Kosovo, French Foreign Minister and European Affairs Bernard Kouchner, proclaiming that: “This statement confirms that Kosovo’s independence is irreversible.”
In doing so, he broadens for his own purposes the conclusion of the ICJ, obscuring fundamental issues regarding the status of Kosovo, to twist international opinion by camouflage, as usual.
Indeed Mr. Hisashi Owada, President of the ICJ stated “the Court was not instructed by the question to determine whether international law gave to Kosovo a positive right to declare independence unilaterally and “The Court is not instructed to decide whether Kosovo has gained statehood.”
This is absolutely essential for the present and for the future. It allowed, rightly I say, and I will demonstrate herein, that Serbia could declare “never under any circumstances to recognize Kosovo’s independence”.
In this case, the conclusion of the ICJ is not a surprise, because it has long been settled that no principle of international law can oppose the right of peoples to self-determination.
Here we are at the heart of the question: is it part of the Serbian people in Kosovo which seceded? Of course not, since in fact the so-called “international community” that is to say, the United States and the EU, have added their huge military arsenals by supporting the so-called “Kosovo Liberation Army” (UCK) of Ibrahim Ruigova, underhandedly supplying weapons, military training and financing.
In its usual unsavory manner, the “international community” practiced spreading outright lies so to manipulate international public opinion into consenting to the dumping of tons of depleted depleted uranium munitions over Serbia by the US and the EU.
Of course, this same “international community” says nothing about the realities of war crimes committed during and after the conflict and the abduction by the Albanians of Serbian civilians, men, women and children to collect some of their organs and route them to foreign clinics before killing them all (2).
The ICJ has therefore been cautious in his conclusion. Besides, how could it do otherwise than to invalidate the first unilateral declaration of independence in history, that of of the United States of America on July 4th 1776?
Here are the reasons :
– is it the Serbian people living in Kosovo, who declared independence?
The answer is no!
– is it a democratically elected assembly representing the will of the Serbian people of Kosovo who declared independence?
The answer is no!
– is this Declaration of Independence the expression of the Serbian Kosovars’ right to self-determination?
The answer is no!
– is this statement the demonstration of the Serbian people’s will to establish the internal and external sovereignty of Kosovo?
The answer is no!
– does this creates a sovereign state in the hands of the Serbian people?
The answer is no!
– were the borders of the new state agreed upon with Serbia by treaty as required by the Vienna Convention and the principle of uti possidetis juris?
The answer is no!
All these reasons demonstrate that this secession does not meet the criteria of international law. Obviously, it is therefore not a secession of part of the Serbian people, but an invasion by the Albanian population in the Serbian province of Kosovo, with the military support of the “international community” (ie the USA and the EU).
Of course, if sometimes the invasion of part of a state, whatever it could be, by a foreign population was recognized as legal, and if this invading population proclaimed the independence of the annexed part of the State, international law would be stood on its head and the door would be wide open for all possible conflicts throughout the world.
It is no doubt for this reason, and to respect their signing of international treaties, that 123 UN member states (including Russia) out of 192 have not recognized the independence of Kosovo.
On the other hand, the judgment of the ICJ is a precedent in favor of legalizing a unilateral declaration of independence (UDI) of the people of Quebec to free from the control of the Canadian federation and a UDI of the French people to break free from the European Union EU.
The ICJ judgment confirms that, as in the case of the United States of America, a Declaration of Independence, except in rare cases, is never upheld by institutions of the predecessor State.
That is why, to secure world peace, Kosovo must return to Serbia!
(1) The resolution 1244 (1999) suspended the sovereignty of Serbia on Kosovo.
(2) To protect the interests of high-ranking political figures, curiously, the international community was very quick to stifle this case by destroying evidence.
– « France qu’ont-ils fait de ta liberté ! » by Jean Foyer (Former Minister of Justice of General de Gaulle) – François Xavier de Guibert Publisher.
– Judgment of the International Court of Justice in The Hague (Netherlands). Press Release No. 2010/75 of 22nd July 2010.
– “Advisory Opinion of the ICJ of 22 July 2010 on the legality of the Unilateral Declaration of Independence of Kosovo a precedent for secessionist entities?” by Alexandra Chauvin, Law Degree at the University Paris X Nanterre.
– « Srebrenica : mythe ou réalité d’un génocide ? » by Edward S. Herman.
– « Kosovo assiégé, une bombe à retardement » by Philippe-Xavier PAULY. L’âge d’Homme Publisher.
Translation edited by Don Hank
Editor’s notes :
Carlos Ponte accuses leaders of Washington’s protégé state of Kosovo of trafficking in human organs :
Original French language version:
To the point
Serbian KOSOVO and METOHIJA, by William Dorich
The magnitude of Kosovo reverberates across the centuries. It has survived 609 years and throughout the succeeding generations Kosovo has become the inspiration of an entire nation. And through its grandeur and its religious example it has influenced other nations to seek freedom. Kosovo permanently changed the face of Europe and altered history. Kosovo, 100 years before Columbus sailed for the New World, was a statement for religious freedom and the belief that no man had a right to rule another. Rather than to consent to become slaves to tyranny, the Serbs willingly gave their lives for their religious belief. Seldom in history have we witnessed such a commitment. The Serbs on the Kosovo Field not only paid with the staggering loss of 77,000 lives in one day of battle, but the Serbian nation suffered 500 years of Ottoman slavery as the consequence. Historians have never spoken of Kosovo as though it were an event in the past that will never happen again. Through the centuries, Serbian sacrifice and Kosovo have become synonymous.
The Serbian people have continually assumed that in every century they would again find it necessary to defend their rights to their land, self-determination, and freedom of worship. History in the Balkans continuously repeats itself! In 1690, more than 180,000 Serbs were forced from Kosovo and, again, an equal number were exiled in 1737. After the Congress of Berlin, in 1878, another 150,000 Serbs were expelled. This ongoing trend took on tragic proportions following the war in Crete between Turkey and Greece in 1897. Diplomatic efforts to stem the tide of atrocities against Serbs were useless, but documentation remains to testify to the crimes committed against the Serbian population. The Balkan war of 1912 was fought not only by Serbs but by Montenegrins, Bulgarians, and Greeks to liberate their people from centuries of uninterrupted Islamic aggression. The situation is little changed today.
To understand Kosovo, the American people need to compare the current Balkan crisis with its own American Civil War in which just 4% of the population lost their lives compared to Serbia who lost 52% of her adult male population in WWI and another 26% of her overall population in WWII. Readers of this forum need reminding that during the American Civil War it was the loyal Virginia citizens who refused to secede from the union and formed the state of West Virginia in 1863. Certainly Serbs deserve the same rights to remain in their union, a union which was internationally recognized as a nation in 1878 at the Congress of Berlin.
Not a single head of state, nor any American president, senator, or humanitarian group raised their voices as 200,000 Serbs were “ethnically cleansed” from Kosovo in the last 2 decades. People should be asking, why are the Serbs destined to suffer and be persecuted?
In September 1992, Jehoshua Porat, reporting in the Israeli daily Ha’Aretz, claimed: “It seems we have caught the same syndrome as the Russians — fear that we shall lose billions of dollars from the United States and the West if we say something good about Serbs.” Serbs are perplexed when the media proclaims Kosovo as Serbian territory, then encourages the Albanians who comprise a majority in just the last 40 years, to secede and seek self-determination while denying the Serbs that same right in Croatia in 1991 in areas where Serbs were the majority and in Bosnia in 1992 where Serbs represented 31% of the population and owned 62% of the land. It was arrogant that the world awarded the Bosnian Muslims for gaining their majority population through their genocide of the Serbs in WWII. Awarding the Albanians for the same disgusting deeds in Kosovo would make a mockery of democratic principles.
During King Milutin’s reign of 40 years (1281-1321), he built 40 churches in Kosovo. There are more than 140 Serbian churches and monasteries in Kosovo, a significant number having been built before 1459. More than 75 were built after 1459. There are also more than 80 church ruins that date prior to 1459. The actual seat of the Serbian Orthodox Church was first established in Kosovo at the Pec Patriarchate in 1346 (pictured at the top of this page). The Patriarchate remained in Pec until 1939, when in fear of WWII it was moved to Belgrade. The surviving Monasteries of Pec, Decani, The Virgin of Ljeviska, and Gracanica are monuments to the Serbian people, their dedication to their faith, and a testimony to their cultural achievements.
The time has come for a more balanced and fair assessment of the situation and a review of the facts, not hysterical propaganda. As the Very Rev. Mateja Matejic has observed, “Serbs were the first to anticipate the grave peril coming at one time from Islam and then from Nazism and finally Communism. They were the first to resist … making the victories of others possible, even if they themselves were defeated.”
The following pages of this forum are intended to provide the discerning American reader with historical facts unethically withheld from them by the partisan press and American politicians with a hidden agenda in the Balkans.