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What We Learn from History….

Signing Up for Staying OutSigning Up for Staying OutIt is interesting that Sergei Lavrov refers to the Helsinki Final Act of 1975 in the extended Russian riff entitled “What in the Heck are We Going to Do About Kosovo?”

According to B92, the diplomat said: “It is necessary to abide by all international laws, including the UN Charter, the Helsinki Final Act and the principle of inviolability of borders that cannot be breached other than by mutual consent.”

Hm…

So I looked up the Helsinki Final Act:

III. Inviolability of frontiers

The participating States regard as inviolable all one another's frontiers as well as the frontiers of all States in Europe and therefore they will refrain now and in the future from assaulting these frontiers.Accordingly, they will also refrain from any demand for, or act of, seizure and usurpation of part or all of the territory of any participating State. 

IV. Territorial integrity of StatesThe participating States will respect the territorial integrity of each of the participating States.Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or the unity of any participating State, and in particular from any such action constituting a threat or use of force.The participating States will likewise refrain from making each other's territory the object of military occupation or other direct or indirect measures of force in contravention of international law, or the object of acquisition by means of such measures or the threat of them. No such occupation or acquisition will be recognized as legal.

Interesting… most scholarly types consider this document – signed by 35 countries (including notably the USSR, USA, and Yugoslavia ((and therefore Serbia & Montenegro ((( and therefore Serbia))) )) ) – as a justification for the Soviet territorial acquisition after the second World War.

Basically, this conventional wisdom says that the signatories should keep their geo-political mitts out of other countries’ affairs. This is made specific:

[VI. Non-intervention in internal affairsThe participating States will refrain from any intervention, direct or indirect, individual or collective, in the internal or external affairs falling within the domestic jurisdiction of another participating State, regardless of their mutual relations.They will accordingly refrain from any form of armed intervention or threat of such intervention against another participating State.They will likewise in all circumstances refrain from any other act of military, or of political, economic or other coercion designed to subordinate to their own interest the exercise by another participating State of the rights inherent in its sovereignty and thus to secure advantages of any kind.

Accordingly, they will, inter alia, refrain from direct or indirect assistance to terrorist activities, or to subversive or other activities directed towards the violent overthrow of the regime of another participating State.]

Now… 32 years later, the looming questions of the hour are the following:


  1. Do countries still consider themselves bound by the Act?
  2. How is the international push for independence reconciled with it?
  3. It is held that the Act paved the way for the subsequent dissolution of the Soviet Union just over a decade later… what are the implications for respecting it with the Kosovo question?
  4. What is the difference between “interference” and “influence”?
  5. If the Act is not respected, what does this mean? What does it imply for other such international accords and declarations?
  6. Finally, does any of this make any difference?

Acts and UN resolutions can, clearly, be up-ended, overturned, and ultimately binned – this much is clear. But the Helsinki Final Act qualifies as a major Big Deal, especially at the time of its signing.

Is it true that what we learn from history is that we learn NOTHING from history?


By the way....

Well, according to this, the

Well, according to this, the NATO campaign against Serbia in 1999. is also illegal. I think Machiavelli has made it clear and simple in his "golden rule": He who has the gold, makes the rules.


Yeah-buttal

While I take your point, I think that your response is fairly typical.

There is an unfortunate tendancy in considering all questions of what has happened here in the past to cite examples of what the OTHER GUYS have done - as if to justify by negative example.

In the world of Bad Decisions, many have been made with and without justification, with and without provocation, with and without underpinning rationales. Such is the superincumbant burden of history.

I think it may be more interesting to explore the current Helsinki connotations regarding the decision about Kosovo - especially as Russia seems to think so - rather than roll back the curtain and find instances where a nation has violated the same rules which it previously signed up for, or even wrote.

This is not a defense of 1999 - I am not qualified to enter that arena. Further, this is not a blanket excuse for all wrong-doing in the past by any party.

I merely observe that it is unfortunate that as soon as an opportunity arises for finger-pointing, it is always taken.


I may be dense

...but what's your point?

IMO, you cannot fully take things out of their historical context, especially when it's convenient, and when the history is so recent.


So, what is the point of

So, what is the point of your topic anyway? I just made a remark about Helsinki Act being already violated in the past (also regarding Kosovo). So I don't know why are you playing dumb asking all those philosophic questions...


...

"Do countries still consider themselves bound by the Act?"

two of three involved countries do not exist anymore.
todays world geopolitical profile has been drasticaly changed. therefore is this agreement inapplicable. SFRJ had very good cards in hands with its equidistance. today we have Serbia which is out of the round, that means without any cards.

According to Putin is USSR colapse "the biggest geopolitical catastrophy of the 20th century". Russia had not broke with its comunist past: since years we are witnessing the return of Sowjet symbolik. Russia is trying to recapture its sowjet status, that`s obvious.

in yesterdays FAZ (german daily) there was an interview with Boris Tadic, who tried to put himself in scene as proeuropean politician, but still defending sebian intersts- very poor- he managed to appear as somekind of a wicked messanger, talking about "longterm solutions", "domino effect", "Black See region"- all in all, scanty logic.
Domino effekt was mentioned at least ten times: few years ago, in the time of MontenegroS' fight for independence "Domino effekt" was also heavy in use. and nothing happend!
so...


do you honestly

believe that some sort of act, charter or convention will prevent the world's superpowers from pursuing their interests? The post-cold war political pattern seems to resemble the notion that if they respect 90% of what is written down and agreed upon, the remaining 10% is up to interpretation.
The Helsinki Act cannot possibly be any bigger a deal than the UN charter?!?


From a legal perspective

First of all, I would like to disagree with a following comment:

Quote:
two of three involved countries do not exist anymore. todays world geopolitical profile has been drasticaly changed. therefore is this agreement inapplicable.

All of the countries signatories of the international acts mentioned in Mr. Farmer's text have their respective successors. Those countries are regarded as bound by all international contracts, charters, covenants, as if the country predecessor still exists.

Quote:
1. Do countries still consider themselves bound by the Act?

As we could see all over the news, they don't, but I would state it's irrelevant what they "consider themselves". International Law considers them bound by the rules they signed themselves.

Quote:
2. How is the international push for independence reconciled with it?

It's not and cannot be reconcilled with. Unfortunately, politicians use the provisions of International Law as paper tissues. When needed, International Law applies, when not it's redundant. Politicians aware of "paper tissue" hypocrisy claim that every nation's right to self-determination as envisioned by the UN Charter is above all other norms applying to Kosovo status. Nevertheless, the Charter contains a provision on Territorial Integrity of States, very similar to Helsinki Final Act. EU Comitee issued a statement (also we could hear several politicians stating the same), that Kosovo should be exeption to the rule of frontier inviolability. If so, then Serbia would be an exception to an organized society form often refered to as a "State"; and all subjects of international relations are as a postulate regarded equal, though influence and power of States is of course totally different.

Quote:
3. It is held that the Act paved the way for the subsequent dissolution of the Soviet Union just over a decade later… what are the implications for respecting it with the Kosovo question?

To be honest, I don't see a connection. USSR had a referendum on it's territory as a whole. Let's do the same for Serbia and let all citizens (Serbian, Albanian, Roma, etc.) vote on the subject. It's the only legal option, since Albanian paramilitary forces were recognized internationally as terrorist ones, instead of resistance movement. If it was vice versa Kosovo would be announced independant long time ago.

Quote:
4. What is the difference between “interference” and “influence”?

Legally speaking, interference of one State in another State's matters exludes the will in the acts of key decision makers within the State's government. By interference it is usually meant that one State is forced to do something against the will of the highest State institutions. Interference is against International Law provisions.

Influence on the other hand is completely legal tool in securing the interests of a State in international community. It doesn't exclude the element of will in decision making process.

Quote:
5. If the Act is not respected, what does this mean? What does it imply for other such international accords and declarations?

It implies a system of International Law is weak and cannot be regarded as efficient in securing the wellbeing of the world order. Policy of force still rules international relations as it was the case in the first half of XX century. Only the scale of use of force is different, everything else the same. See "paper tissue" issue above.

Quote:
6. Finally, does any of this make any difference?

It depends. If one cares it makes a difference, if not, then no. Some people care, because they want to make this world a better place, wanna make an effort in securing the future of their children and contribute to the mankind. Some people simply don't. For more info on the people who don't search Internet for Kyotto Protocol issue as viewed by U.S. administration. It makes you wonder, doesn't it?


Truth and hypocrisy


Some people care, because they want to make this world a better place, wanna make an effort in securing the future of their children and contribute to the mankind. Some people simply don't. For more info on the people who don't search Internet for Kyotto Protocol issue as viewed by U.S. administration. It makes you wonder, doesn't it?

And not, for example, Chinese government? Which is going to surpass US production of carbon-dioxide within a year from now and is building one coal power plant per week? And which has no democratic legitimacy, only legitimacy of Tienanmen massacre?

That is (together with usual blaming of all world evils on the USA) what I call hypocrisy.

(Just for the record: I'm all for Kyotto and ecology and conservation and I mentioned it several times in passing on my blog. But to censor US for that one particular mistake and not see that there are actually more funds for ecological improvements coming from the US and the UK than from the rest of the world combined is hypocrisy, pure and simple.)


I don't see how Kyotto has

I don't see how Kyotto has anything to do with the UN Charter and International Law?

Anyone who has taken International Relations 101 has learned that the problem with International Law is that there is no such thing as an International Government which could enforce it, and therefore it is non-binding (except when superpowers decide to act as the enforcers. Case in point - Iraq)

So to answer the "Does it matter?" question - No, it doesn't. The only thing that matters is what the superpower(s) and/or regional powers decide to support.


learning from history

I'd like to ask the same questions for Non Proliferation (nuclear weapons) Treaty, Geneva (war) Conventions and Vienna Conventions on diplomats.

The latter two hey are older than U.N. Charter and H. Act. Should they still apply?


Fine, BUT...

...what does Helsinki have to say about internal strife and the attempt to alter the borders from within? I am thinking of the ideal (in the sense of "from-the-textbook", not as a value statement) case-scenario where an oppressed minority is fighting for secession and independence. Does the concern for the "human rights" in such situations trump the "inviolability of borders" rule?
I remember a similar debate around the time Slovenia and Croatia (unilaterally) seceded from the SFRY, which was one of the signatories of the Helsinki accord. Obviously, it was a gross violation of Yugoslavia's "inviolable borders" and yet, there was no "outside intervention".At first, the EU (and the USA) did not know how to respond to this crisis, dragging their feet in the mud for months. Which was more important? The sanctity of a state's borders or the overwhelming desire, in this case of the Slovene and Croat people, for independence...?
Somehow, the EU managed to find a way around this conundrum and in swift succession, the other eleven members quickly followed Germany's example - Danke Deutschland! - and extended official recognition to the newly idependent Slovenia and Croatia. Within one year, they did the same with Macedonia and Bosnia.
Now, someone knowledgeable enough about those events would do well to remind us exactly how the EU found a way in 1991/92 to reconcile the de iure acts of Helsinki (especially the one about the alleged "inviolability of the borders") and the de facto secession which had already taken place on the ground!? I must admit that I don't remember.
Anyone?


I have one question...

If Albania tried to take Kosovo from Serbia, such an act would clearly be illegal according to cited Helsinki Final Act. However, when a part of population concentrated on one territory has claims for independence from the state it`s in, how do we understand it?
First of all, such group must have fairly strong reasons. For example, Basques have demands for independence from Spain for decades now, but without even a small success. One is inclined to ask, how then Albanians on Kosovo are in position to have their demands fulfilled. Moreover, such a question is posed in Serbian media all to often. But it is poorly formulated one. It presupposes that as soon as Albanians stated their wish, they had success. However, we must remember that as recently as March 1999 (before the bombing), in Rambuje, they knew they could not have independence. What international community offered then was (does it sound familiar?), special, essential autonomy, the very thing Serbia is offering now! (It is superficial mentioning Milosevic didn`t even want to hear about it). However, and this is too often neglected here, some things happened in Kosovo during 90`s, especially 97-99. The status of people of Kosovo (especially Albanians was humiliating). On top of all that, more than 800000 Albanians were exiled at the start of 99, and many proofs of ethnic cleansing were discoverd later. I don`t know whether some legal act supports claims for independence in these cases, but i know that in East Timor similar thing happened. Also, if such thing happened to Basques, they would not wait long for independence. It is a case similar to that of a father brutally beating his child. It is his, but he doesn`t treat it as it really is the case. If someone reports him, he loses the child.


learning from history

oldtajmer wrote:
Anyone who has taken International Relations...

Anyone having been involved with any kind of law should know that one having a right and one having excercised one's right against any kind of violation/breach/infringement are two different things. In civil matters, there are even theories about these differencies (claim being a right "in war").

Anyone having been involved with any kind of law should know that not all violations/infringements/breaches are followed by consequential judgments/sentences/decisions of a competent authority/court/body.

Anyone having been involved with any kind of enforcement/prosecution should know that one needs to comply with procedure and endure it to have one's rights enforced/protected eventually.

Anyone having been practiced one's profession after having graduated should notice that not all univercity professors are actually so knowleadgeable in all details of the profession.

Trica wrote:
Now, ... exactly how the EU found a way in 1991/92 to reconcile the de iure acts of Helsinki (especially the one about the alleged "inviolability of the borders") and the de facto secession which had already taken place on the ground!?

They have "found a way" by having all former republics first to agree on arbitration, than having the arbitration (Badenter' commission) produced the findings that SFRY has been dissoluted to its republics as constituent parts, thus not having been existing anymore. The consent to have arbitration was what enabled "dissolution" of SFRY. De iure, there was no secession, it was dissolution. Nobody dared to violate H. Act, they preferred to act in compliance with it, they first built broad consensus and they first let test countries Island and VAtican to recognize Slovenia and Croatia.

Andii wrote:
If Albania tried to take Kosovo from Serbia, such an act would clearly be illegal according to cited Helsinki Final Act. However, when a part of population concentrated on one territory has claims for independence from the state it`s in, how do we understand it?

There is no distinction about "within" and "outside" in H. Act. Nations are entitled to self determination by U.N. Charter, but it doesn't apply to minorities. That's why U.S. have been trying to promote "Kosovars" as different nation from Albanians, rellying on ignorance.

Andii wrote:
First of all, such group must have fairly strong reasons.

This assumption should be proved for the begginig. One might have "strong reason" for anything.

Andii wrote:
I don`t know whether some legal act supports claims for independence in these cases, but i know that in East Timor similar thing happened.

East Timor and Eritrea got independence with the consent of Indonesia and Ethiopia, respectivelly.

And no, no legal act suport seccession if "some things happened". Particularly when "some things" have not been clearly detailed, proved and reasoned as violation of any law.

General public fail to notice some important issues. Among other, errection of several coal power plants is planned in Kosovo, requiring billions $ investments. Such investments would be very risky without prior U.N. resolution, since Serbia could legally regain territory of Kosovo one day and take over the investment without having to repay anything. Among other reasons, that's why U.S. is pushing so hard and that's why Russia, an energy monopolist is opposing. Unlike U.S. and E.U., Russia has the time to wait. All the time of this World.

Nobody bothered to answer my questions above?

Should diplomats have their immunity granted? Viena Convention was passed even before U.N. Charter.

Should prisoners of war and civilians be protected? Geneva Conventions were passed even before U.N. Charter and amended before H. Act.


learning from history

Ah!

oldtajmer wrote:
...Case in point - Iraq

Au contraire, Iraq war II was clear violation of international law, an act of agression. Moreover, U.S. and U.K. failed to comply with Geneva Conventions - they failed to provide security for civilians and protection and functioning of infrastructure. U.N. resolution based on chapter VII that was passed only after conquoring Iraq did not relieve them from these duties, while it might have offered some immunity for previous violations. We will know these issues If Iraq bring them before a competent authority some day.


wtf?

How is this contrary to my point? My point was exactly that superpower(s) will do whatever they please and selectively apply International Law as it suits their interests. So, to also answer your previous post, the Helsinki Final Act or any other convention does not matter! At least that's my opinion.

No need to get all fired up and anxious to demonstrate your legal education. I am not a lawyer, nor am I attempting to make a legal argument. I'm speaking from a practical point of view. I believe relying on International Law to "save" Kosovo is quite unhelpful. Serbia and its politicians need to become realists and go for the best deal they can get, rather than pie-in-the-sky ideals which will leave them with nothing in the end.


elaborate, please

oldtajmer wrote:
How is this contrary to my point? My point was exactly that superpower(s) will do whatever they please and selectively apply International Law as it suits their interests. So, to also answer your previous post, the Helsinki Final Act or any other convention does not matter! At least that's my opinion.

This is oxymoron. Superpowers will apply some rules that don't exist? Superpower is omnipotent? Please elaborate.
oldtajmer wrote:
I believe relying on International Law to "save" Kosovo is quite unhelpful.

Unhelpful to whom? To superpower that will do everything to suit their interests?
oldtajmer wrote:
Serbia and its politicians need to become realists and go for the best deal they can get, rather than pie-in-the-sky ideals which will leave them with nothing in the end.

Well, luckilly not all of us share the belief we should take subhuman attitude and just humbly ask for the fee after having been raped and having our children kidnapped. Particularly when its not quite clear if the kindappers and rapists will manage to do it.

BTW, where to heck on this blog did I demonstrate legal skills? The subject is application of a treaty - should have I answered with chemistry rules? Are you sure you were not referring to belgradelaw?


Ej, mani me se, ok?

Ej, mani me se, ok?


Thank you Chris

for good post
and for Jovanz -- do you know maybe what's the story with Sahara and Moroko?


learning from history

bladerunner wrote:
...do you know maybe what's the story with Sahara and Moroko?

http://en.wikipedia.org/wiki/Spanish_Sahara
http://en.wikipedia.org/wiki/Morocco
http://en.wikipedia.org/wiki/Western_Sahara
http://en.wikipedia.org/wiki/History_of_Western_Sahara
http://en.wikipedia.org/wiki/International_Court_of_Justice_Advisory_Opinion_on_Western_Sahara
http://www.icj-cij.org/docket/index.php?sum=323&code=sa&p1=3&p2=4&case=61&k=69&p3=5
http://en.wikipedia.org/wiki/Foreign_relations_of_Western_Sahara

...and they have lived happilly everafter. (Although they haven't had proper spelling of their names ocassinally.)

Basically, that story does have nothing with Kosovo, since completely different legal issues are involed. Except it might point how longlasting it could appear eventually.

The point is that Serbia does have a strong case, even without veto vote in UN SC by veto owning Russia and China. As long as Serbia does not agree to its' territorial loss, future of independent Kosovo isn't bright.

Unless, of course, the powers that be introduce the law of the jungle rule in international relations. Or "benevolent dominance" of U.S. appear to be something more than a dream . But that's always two sided street.

That fact should have already been learned from history.


Hvala

JovanZ


to learn what?

Not even a spill from our host Chris.

What's the purpose of your blog anyway?

To have the people agree with your miserably reasoned attitudes?

We are not all so iliterate.


My Spill

What would you have me say?

I posted this blog as a series of open-ended questions - things that occurred to me as interesting... I see that there are quite a few opinions on them. In this respect, I thank everyone who has added to the discussion.

An international accord or treaty or act of any kind is only as valuable as it is respected by its signatories. The Kyoto Protocol which was signed by Clinton and the subseqently George W. Bush-Whacked is a good example.

The fact that Helsinki was signed by the former USSR, the US, many EU states, and Yugoslavia is significant. How it is being used today is the question at hand. In the same sense, if the USSR persisted into the 21st century, I wonder how the White House would drag out the Monroe Docterine to keep the Soviets hemmed in as well...

If asking questions is evidence of a "miserably reasoned attitude" then I am sorry for your perception.

If one cannot ask a question, does it mean that one's position is too weak or arguements to frail to withstand a little blogospheric debate?


history debate

Chris Farmer wrote:
The fact that Helsinki was signed by the former USSR, the US, many EU states, and Yugoslavia is significant. How it is being used today is the question at hand.

The answer to this particular question has been provided by belgradelaw.

belgradelaw wrote:
All of the countries signatories of the international acts mentioned in Mr. Farmer's text have their respective successors. Those countries are regarded as bound by all international contracts, charters, covenants, as if the country predecessor still exists.

Is further reasoning in details required? To be more emphatic with belgradelaw's answer, I'd ask how come Russia is permanent member of UN SC if not on the grounds of legal successorship?

Moreover:

Chris Farmer wrote:
An international accord or treaty or act of any kind is only as valuable as it is respected by its signatories.

Exactly. But there is the legal proceedure of a country withdrawing from an international treaty. For instance, see the above link to the International Relations of Western Sahara, the table of its recognition by some countries and subsequent withdrawal of that recognition. Even the recognition is not a treaty, than a fact, there is at least international custom regarding procedure of withdrawing.

Chris Farmer wrote:
I posted this blog as a series of open-ended questions - things that occurred to me as interesting... I see that there are quite a few opinions on them.

Even small children ask open questions, answering them usually cause their further question "why?"

I hope you really read the answers. Belgradelaw answered pretty much of them, but all we heard from you was:

Chris Farmer wrote:
In the same sense, if the USSR persisted into the 21st century, I wonder how the White House would drag out the Monroe Docterine to keep the Soviets hemmed in as well...

I haven't understood the question. I couldn't have seen any connection between the present topic, Monroe doctrine and "persistance" of USSR. Perhaps someone else could help. Or you could express yourself more clearly?


Mr. Farmer: Your answers.

First, to answer your questions:

Do countries still consider themselves bound by the Act?
Yes. Except, hypocritically, in the case of Serbia. Remember the case of Bosnia and Croatia?

How is the international push for independence reconciled with it?
They claim it is a "special case". See the draft UNSC Resolution!

It is held that the Act paved the way for the subsequent dissolution of the Soviet Union just over a decade later… what are the implications for respecting it with the Kosovo question?
I believe the premise of this question is manifestly false - except in the reification of internal borders.

What is the difference between “interference” and “influence”?
Whether you are the one instigating this action.

If the Act is not respected, what does this mean? What does it imply for other such international accords and declarations?
Nobody can any longer expect the US and other west European states to respect past agreements.

Finally, does any of this make any difference?
Ask the Kurds in Iraq, Iran, Turkey and elsewhere?

The Helsinki Final Act of 1975 was indeed a cunning piece of international diplomacy that was directed specifically at preventing the Soviet Union from futher territorial expansion within Europe. It could occupy Hungary, for example, but couldn't subsume it as part of the Union.

However, the Act also served to prevent separatist forces within a state from gaining international support and legitimacy. The aim being to prevent a repetition of, for example, a German claim on the Sudentenland - as well as support for an independent Basque state in Spain.

All agreements have both positive and negative consequences. And as the broader political contexts change in which the agreements exist, these positive and negatives are highlighted to an even greater extent. The greatest negative of this Act is that international statesmen have decided that internal borders should be treated with equal inviolability as external borders. In the case of Kosovo, some have given precedence to internal borders over international borders. Why is it acceptable for Serbia to be partitioned but not Kosovo?

Having dealt with your questions Mr. Framer, I respond with two of my own.

Do you agree that it would be more sensible to gain international agreement on rescinding the Helsinki Final Act of 1975 prior to partitioning Serbia (if, as it seems, it is now considered worthless and outdated) - rather than simply ignoring it or going against its implicit and explicit terms?

What message does it send to the wider world, if states begin to disregard, on an ad hoc basis as inconvenient, past agreements that they themselves championed - and still do champion in other parts of the globe?

Willy Garvin


Well in the case of Serbia

I will say just this example --as far as I know cluster bombs are forbiden by Geneva convention but that didn't prevent anybody to trow them on the serbian people with writtings on it --"Run faster" (cause american soldiers poot their signature on them before "mission").
As you can see when Americans kill some people that's not genocide that's an act of mercy ("mercyfull angel" was the name of the bombing or "air campaing" as they were saying)

But I guess serbian children are not the children.

However post of Mr. Farmer is good cause it's good to hear and know everybody's opinion and it created debate that can be usefull.

And I think we can forget about Geneva , UN, Helsinki or any other civilized heritage while America is ruling the world.


Oh, but BTW...

Quote:

as far as I know cluster bombs are forbiden by Geneva convention but that didn't prevent anybody to trow them on the serbian people

...I guess you don't know - or, even more probable, PRETEND NOT TO KNOW - that it was JNA who used cluster bombs on the civilians in Osijek, Vinkovci and some other locations in Croatia. And waaaaay before 1999, just to remind you. Don't think that was to be condemned? Has any single action of JNA been publicly condemned in Serbia - although it's quite certain to any objective observer that they committed by and large more crimes than all paramilitaries?

Hypocrisy of local patriJots is, as Einstein said on the universe and stupidity, beyond any measure.


important information I learned from Milan

Milan M. Ćirković wrote:
...it was JNA who used cluster bombs on the civilians in Osijek, Vinkovci and some other locations in Croatia.

Has any proceeding been conducted about that? Have legal issues about particular models of cluster bombs that NATO claimed being in compliance with Geneva Convention been resolved? Have they charged Anton Tus, the commander of air forces at that time? Wait, how come cluster bombs were dropped on civilians if RV PVO (air force) of JNA was forbidded from flying by U.N. sanctions as from very beggining of the conflict? Is "condemnation" in blogosphere sufficient, or some proceeding should still be conducted?

Please elaborate.

Milan M. Ćirković wrote:
Hypocrisy of local patriJots is, as Einstein said on the universe and stupidity, beyond any measure.

Are you referring to the hipocricy in general or just to the patriotic hipocicy? Do you find there is something wrong with patriotism an generale or you rather focused your complain to the hipocricy?


I shall elaborate with pleasure...

...since it seems that one can maintain civilized dialogue with you. The first issue, of use of illegal weapons against civilian targets, and moreover against targets intended to serve as sources of secondary damage, has been repeatedly reported in both UN sources, Western and Croatian media, as well as in the proceedings of ICTY. To cut the very long story short, let me give you just one particular example which is particularly heinous, since at least one of the several cluster bomb attacks could endanger tens of thousands of people through secondary chemical poison damage. It is described in detail in the following article:

http://permanent.access.gpo.gov/lps21/croatia.html

Please note that the article is written as an official report by the Agency for Toxic Substances and Disease Registry, which is an organ of the US Department of Health. you can also see *speculations* (which still need proof, so I intentionally haven't mentioned them) about the use of chemical weapons by JNA and BSA/RSA in Bosnia.

The point is clear: the first use (and it is an important term in both strategy and law, as you should know way better than me) of weaponry illegal by international standards and conventions in the 1990s Balkans war was performed by JNA.

On your second point: yes, I do object to hypocrisy in general, of course. However, in this particular region, hypocrisy vis-a-vis some political issues (or even better, clichees) has been systematically enhanced by QUASI-patriotic - or which I call patriJotic, signifying that such quasi-patriots are usually only half-literate, guys who write graffiti "NEDAMO Kosovo" and so on - propaganda, occasionally rising to the level of brain-washing. The examples of such political clichees which have become default truths in quasi-patriotic circles are abound; some examples include statements like: "USA and NATO are responsible for world's evils", "Germany and Vatican caused the disintegration of former Yugoslavia", "Germany is centennial enemy of Serbian people", "USA are the most responsible for global warming/polution/starving children/terrorism/unrest in Ukraine/genocide in Rwanda...", "Western media are thoroughy prejudiced" etc. etc. etc. These are not only self-defeating nonsenses or at best vacuous truisms that they in fact are - they create an insidious poisonous mental climate blocking any real progress. Of course, the same standards are never applied to the local situation; for instance, it is rare to find a person affirming the simple truth that the pollution in Pancevo is waaaay more dangerous to Serbs than whoever signed or didn't signed the Kyoto protocol.

That is what I call patriJotic hypocrisy - and it's despicable in all and every aspects.


high moral ground...

Milan M. Ćirković wrote:
...yes, I do object to hypocrisy in general, of course.

I'm delighted to have aquittance to the person of such a high moral grounds!

Milan M. Ćirković wrote:
To cut the very long story short...since at least one of the several cluster bomb attacks could endanger tens of thousands of people through secondary chemical poison damage. It is described in detail in the following article:

Alas, Milan, the story is too short - there is no say about any illegal weaponry in the article, just about allegedly illegal targets and pollution. Moreover, it refers to six attacks, the first one dating back September 23, 1993! That's more than year and a half after JNA had withdrawn from Krajina!

Milan M. Ćirković wrote:
...has been repeatedly reported in both UN sources, Western and Croatian media, as well as in the proceedings of ICTY.

Wait, where did you see ICTY had raised an indictement for that against someone? I couldn't have found it in the indictement against Martic! CNN or HRT accusing Serbs of something is not much of a proof. Consequently, your statement:

Milan M. Ćirković wrote:
The point is clear: the first use (and it is an important term in both strategy and law, as you should know way better than me) of weaponry illegal by international standards and conventions in the 1990s Balkans war was performed by JNA.

is just a blow in the wind, since:
  1. No JNA soldier has been around for about year and a half, so it couldn't be JNA.
  2. No bomb was dropped, since air forces were prohibited in the area for about two years; it could have been some artilery granade, but that's not an illegal weaponry according to Geneva Convention!
  3. No proof about a proceeding at ICTY against anyone for such a horrible crime has been provided.
  4. Conflict in Krajina was different from other conflicts according to UN, US and other powers that be
  5. Conflict in Baznia was different from other conflicts accordiing to the same sources.

Are you misleading the readers out of ignorance, or there is some intent on that? The latter is hardly imaginable, comming from a person of such a high moral grounds!

WTF bombing in 1999 has in common with the conflicts in Krajina and Bosnia, having been ended in 1995? The revenge to Serbs? What about your high moral grounds, Milan?

Is four years after the conflict permissible to seek revenge as in case of US, but isn't permissible after fourty years as in case of us, in such a highly grounded moral system?

Since when (alleged) wrondoings of someone (Krajina Army) justifies wrongdoings (NATO) against otherone (FR Yugoslavia) in the code of high moral grounds you are applying wholehartedly?

I need to remind you that our host Christ opened thread regarding: 1) Kosovo; 2) Application of the specific treaty - H. Act in narrow sence, or, broadly speaking, all applicable international law on Kosovo case. So how come you are debating Kyoto protocol and environmental issues to prove that:

Milan M. Ćirković wrote:
...the same standards are never applied to the local situation; for instance, it is rare to find a person affirming the simple truth that the pollution in Pancevo is waaaay more dangerous to Serbs than whoever signed or didn't signed the Kyoto protocol

Why are we not allowed in your presence to debate related bold violations of Geneva Conventions committed by NATO/US on ths thread? Where is the high moral grounds in not allowing us that? Is it for that it was us that suffered, or was it that it was US who commited it?

Comming from someone of such a high moral grounds it's despicable in all and every aspects.


post scriptum

"NEDAMO" could be a specific grammatical use that is still being exploited in Church Slavonic, where opposite meaning of a verb is construed by adding the prefix NE, as is the case in "NEVIDI".


Note that I've cited that as an example...

...and how in the world do you wish to return to the topic if you're asking for more examples (btw, even if that wasn't jna using cluster bombs in that example, it was in any case violation of accords on such weapons waaaay before '99).

And, now, it is true that Kyoto has nothing to do with the topic; but it wasn't I who invoked it in the first place (actually, I notice a pattern here - you tend to put the blame to one who responds, not to the initial perpetrator - quite similar to jna/bsa/rsa/...). And in any case, it is quite clear that your discussion and even your "friendly" dialogue with bladerunner about my morality is of absolutely the same relevance to the topic - that is, of NO RELEVANCE.

Finally, your insinuation expressed by

Quote:

Why are we not allowed in your presence to debate related ...

is rather stupid. It's obvious that you're allowed and it has nothing to do with me; thank our host for that. Debate whatever your heart desires till the judgement day if you wish - but don't expect me not to react to nonsense and hypocrisy whenever I see them and whenever I freely wish to react.


examples

The exchange was a nice piece of example of tactis that "west adorators" were employing in their permanent lack of arguments.

When one points to clear and obvioius hypocricy "the west" uses to reason its' greedy, brutal and ruthless wrongdoings, the "west adorators" will scream outloud with some irrelevant examples of what they find hipocritic. Milan's pathetic outcry about illiterate local Serb patriots and Pancevo pollution against bladerunner's point about use of illegal weapons by NATO against Yugoslavia is qite an example about that. Of course Milan preferred not to respond to my point that war crimes of NATO were more obvioius in other details.

When faced with opposing arguments the "west adorators" will simply ignore them. As Milan did above when faced with:

jovanz021 wrote:
...is just a blow in the wind, since: ... 3. No proof about a proceeding at ICTY against anyone for such a horrible crime has been provided
...

he just ignored it as in:

Milan M. Ćirković wrote:
btw, even if that wasn't jna using cluster bombs in that example, it was in any case violation of accords on such weapons waaaay before '99..

So, according to Milan, it doesn't matter he supplied a false evidence that didn't substantiate what he claimed; it neither matters nobody is actually being prosecuted for what he claimed was a crime. It's sufficient that he, CNN and HRT are screaming outloud about "the crime".

So, when faced with arguments they are not able to refute, they just ignore them. Yet, they simultaneously claim to be of high moral grounds.

It's hilarious, since they actially don't fail to see how pathetic and miserable they are.

That's why the debates end with their "mani me se" and "you are stupid".

General public is becoming more and more aware of such an atitude. As in the sayings: "One can cheat all the people some time, and one can cheat some people all the time, but one can't cheat all the people all the time."

Guys, you have learned nothing from history. Your time is runnin' out.


Sure, sure...

...sorry I didn't understand your church Slavonic - next time translate properly your cryptofascist and illiterate ramblings (try spellchecker next time - it's a fine product of, lo and behold! Western civilization). My sympathies, though, for it's real difficult nowadays to find a good church Slavonic dictionary. BTW, remind me, how does "irelevant blog ramblings of a frustrated quasipatriot" translate into church Slavonic?


The image speaks better from thousand words...

Milan M. Ćirković (24 Maj, 2007 - 15:34) wrote:
...since it seems that one can maintain civilized dialogue with you.

Milan M. Ćirković (25 Maj, 2007 - 10:10) wrote:
...sorry I didn't understand your church Slavonic - next time translate properly your cryptofascist and illiterate ramblings (try spellchecker next time - it's a fine product of, lo and behold! Western civilization). My sympathies, though, for it's real difficult nowadays to find a good church Slavonic dictionary. BTW, remind me, how does "irelevant blog ramblings of a frustrated quasipatriot" translate into church Slavonic?

P.S. Thanks for the correction, "adorers" was appropriate. Pitty though you failed to maintain civilized manner of the discussion.


No, not really...

...because church was intentionally small, and it's 3 out of 7 of the "errors" you've found. And I've always written the church without cap, the same as I write "party" without caps. In addition, what really is wrong with "try" for it to be in red. In contrast, things like "obvioius hypocricy", "tactis" (whatever it is), "screaming outloud" (neologism?), "atitude", etc. etc. are real spelling errors a la Dan Quayle.

Question: Why haven't you showed my posts and yours compared with use of the same spell checker?

Answer: because on this point of spelling (as well as on other nationalist scoring points of yours) you're a hypocrite.

(And, of course, I guess you'll run now to edit your posts - a similar strategy to "winning the media war" advocated by the milosevic gang)


We shouldn't be harsh...

bladerunner (25 Maj, 2007 – 07:55) wrote:
What's wrong with lovin my country?

Nothing, but, absolutely nothing is wrong with that, bladerunner!

By standing for your attitudes, you demonstrated character, not everyone have these days. That's what differs a man from a scum. My respect.

Of course we should occasionally examine the reasoning of our attitudes, and should be ready to hear the reasoning of the opponents, provided they are able to reason their opposition. But one should also be able to see the difference between poor reasoning of one's opponents, and their ill-temper and poor intellect, usually acccompanied with bare rudeness. They can even persist in writing about coine Greek and mandarine Chinese in their pathetic failure to reasong their case.

We shouldn't be harsh with them. If they are pleased with spellchecking our typos, let them do.

One should be pleased seeing another one having discovered what's he is best in.

Milan M. Ćirković (25 Maj, 2007 – 14:58) wrote:
..because church was intentionally small, and it's 3 out of 7 of the "errors" you've found. And I've always written the church without cap, the same as I write "party" without caps. In addition, what really is wrong with "try" for it to be in red. In contrast, things like "obvioius hypocricy", "tactis" (whatever it is), "screaming outloud" (neologism?), "atitude", etc. etc. are real spelling errors a la Dan Quayle.
Question: Why haven't you showed my posts and yours compared with use of the same spell checker?
Answer: because on this point of spelling (as well as on other nationalist scoring points of yours) you're a hypocrite.
(And, of course, I guess you'll run now to edit your posts - a similar strategy to "winning the media war" advocated by the milosevic gang)


Lazy, lazy Milan...who are going to doy our job?

Milan, Milan, although you showed a great talent, you are apparently disregarding the importance of practice. It's the practice what makes it, not talent!


Oooh Milan M.

Enjoy yourself . I don't talk to people like you.


surprises are everywhere

bladerunner wrote:
Enjoy yourself . I don't talk to people like you.

Why are you so halfharted? There are always opportunities to learn! I expect Milan will elaborate his attitudes and demonstrate he is a guy of principles, not just a peroquette with subhuman attitudes.


No I'm not

just don't talk to people who insult someone before even know anything. How Milan M. know whether or not I condemned someone's behaviour for example? Maybe I didn't know about JNA either?Does he know how old I am (cause that would explain some things also). For sure not. Too disapointing for a scientist not to take everything when make conclusion.
in that case it just show his culture.
It seems Milan M. is too much into his role of spitter that there are so many on this blog, so why don't just make him room to show himself off.


Of course, jovanz....

...and I have demonstrated principles clearly enough. Your alternative describes local patriJots very well.


Of course I am

local patriot. I live in Serbia not in Bangladesh simple as that. If you use logic it would be much easier for you. But as I said it's in fashion now to be in a role of spitter of everything that is serbian.
And one more thing -- as I could see in UK or USA (where I have familly and visit often) they are very much local patriots. And it's normal. It would be normal for you too if you would know that being a local patriot doesn't mean that you don't like others ( as you actually try to explain by mentioning JNA and Croats) --remember that, but it means that you love yours, your country maybe.
What's wrong with lovin my country?
And why i don't like others if I say that it wasn't human on the start of a 21 century to trow cluster bombs on children. Is it the same local patriotism that Americans shows every 11th september when they gather with candles and photographs of their dead and they condemn Arabs or whoever they think did it?
Being a local patriot is not bad --it means that you love yours not hate other's = in which case you can condemn yours if they are bad to others if you are normal human bein of course -- I have to say simple as that so you can understand.

You had tooooo weak arguments against JovanZ


No problemo, bladerunner

...the feeling seems to be mutual. I bid you good day.


Thanks Willy

The part of this whole question which sticks in my craw is the fact that powerful nations will affix their names to a document and not abide by it. One of the first comments to this posting was a Machiavellian quip – he who has the gold makes the rule.

When Helsinki was signed, there were two holders of the gold. Today the US has a monopoly and is not ashamed to use its advantage, pulling in its EU cohorts as well. What this implies, however, is the highest degree of responsibility on the part of the US as the most powerful nation in play. Typically and sadly, the US only feels this responsibility by turns.

I for one would be saddened to see Helsinki rescinded. By overturning this Act, it is an acknowledgement that the rule of law among nations is impossible. The same applies – to bladerunner now – to the Geneva Convention and all of the long-standing international agreements governing the extent of inhumanity in which the world’s nations can indulge.

The fact that these documents are not abided by is not acceptable. But when it happens, the agreements continue to exist and offer people of good conscious a backdrop and context from which to protest. Clearly appealing only to common sense is not on the table.

This is probably more a response to your second question.

And do I agree that it would be more sensible to gain international agreement on rescinding the Helsinki Final Act of 1975 prior to partitioning Serbia rather than simply ignoring it or going against its implicit and explicit terms?

My answer is that I cannot agree with any country which would attempt to draw the borders of another without the explicit, freely determined, and agreed sign-off from the country concerned. In our case, without a mutually beneficial solution which both Belgrade and Pristina can agree to, there will be no solution at all.

This is my opinion for what it is worth….


The Prince is dead, long live "might is right".

I suggest that Machiavelli's Princely phrase has been replaced by the more direct and catchy, "might is right." Of course, the economic might goes hand in hand with the military might.

There is no doubt that the US and European states are still committed to the ideals of Helsinki. However, Kosovo is a problem that they seek to sweep away and out of sight. Independence is merely the carpet to hide the problem. They seem happy to turn a blind eye to the wider consequences.

Or, perhaps more to the point, they have deluded themselves by their own rhetoric that they can truely make a "special case" of this and nobody will see it as a precedent. In their eyes it is only a one-off because they do not currently intend to offer the same terms elsewhere. The reality is that most of the world will indeed see this as a precedent, irrespective of what Washington and Brussels spin out in their defence.

A 'just' and 'fair' rule of law amongst nations has never, and will never exist all the time that individual states make major foreign policy decisions based on pleasing their own constituencies. What fairness is there in the system when 5 nations can effectively veto any resolution condemning their or their 'best' friends actions?


the game is growing big

Willy Garvin wrote:
Yes. Except, hypocritically, in the case of Serbia. Remember the case of Bosnia and Croatia?

Exactly. Legal reasoning for not recognizing Republic of Krajina (now a part of sovereign Croatia) and Republic Srpska (now an "entity" in Baznia) either as independent states or as parts of sovereign Yugoslavia was exactly H. Act. The claims to self-determination of Serbs in these Republics were rejected and suppressed exclusively on that legal grounds. In spite of the fact that neither Croatia nor Bosnia had fulfilled conditions for their recognitions at the time when they were recognized - they weren't in control of that parts of their territories (for further explanation see: Hugo Grotius, De iure belli ac pacis, published: 17th century). And in spite of the fact the Serbs in former SFR Yugoslavia were a nation, a constituent nation, one of the six, not a national minority, like Albanians.

It might offer a better insight into the feelings of those knowing all that and listening to present US and EU "legal reasoning" in favour of Kosovo independence.

bladerunner wrote:
...as far as I know cluster bombs are forbiden by Geneva convention but that didn't prevent anybody to trow them on the serbian people

In fact, NATO offered some reasoning that the cluster bombs in that particular case and that particular model of cluster bombs was not breach of Geneva Convention, since they referred some Protocols they did sign and some didn't. I woulnd't know about that for sure - since I haven't checked it myself, I must leave the speace for benefit of the doubt.

But the fact is, the mere attack on FR Yugoslavia was a crime against peace under UN Charter. The same goes for Iraq war II.

The fact also is, that the strategy of NATO attack after first several weeks was a crime against Geneva Convention, since they weren't targeting military targets anymore, they were targeting infrastructure of the country (bridges, railways, power plants, factories) aiming to destory them and make life to the population impossible, which was an explicit war crime according to Geneva Convention. The same goes for behaviour in Iraq, where they failed to secure life for civilians for years after they had proclaimed "Mission accomplished".

They were victorious. And the entire world was watching them.

Chris Farmer wrote:
...powerful nations will affix their names to a document and not abide by it.

Au contraire Chris, that's a behaviour imminent to criminals, not to powerful nations. Powerful nations always try to abide by the rules, though they try to create them and always tend to interpret them in the fashion favorable to them. But they do take care of it. Occiasional minor breaches by superpowers are known, but open and blunt violations are something they always try to avoid.

Chris Farmer wrote:
When Helsinki was signed, there were two holders of the gold. Today the US has a monopoly and is not ashamed to use its advantage, pulling in its EU cohorts as well.

Well, the fact is, if you meant the gold literally, most of it is in Syberia, Russia. Just kiddin'. But most of the people I know tend to overestimate the strength of US (and generaly "the West") and underestimate some other global powers, in spite of strategic analysis from within "the West" itself about prospective global shift of power.

US is about to take another devastating fight, which is bound to be disaster for US position as a superpower, according to an analysis of Zbigniew Brzezinsky (I'll try to google it out).

That's why US is pushing so hard to have the Kosovo case resolved until the end of May. They are after Iran. They won't have none of the two the way they want.

P.S. Those willing to use tags and quote the text they respond to in formatted fashion should see the instructions here