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!
Bernard
CHALUMEAU
(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.
Bibliography :
-
«
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.
Eidtor's
notes :
Carlos Ponte accuses
leaders of Washington's protege state of Kosovo of trafficking in human
organs :
Translation edited by Don
Hank
| |||||||||||
No comments:
Post a Comment