Illegal occupation of southern Serbia: Kosovo – Analysis



kosovo-jihad-flag

Serbia today is a member-State of United Nations (U.N.), after the Socialist Federal Republic of Yugoslavia was split into several nations during the early 1990’s when war broke out between Serbian General Milosevic and neighboring nations. After partition, Serbia is still the most powerful “state” of the former Yugoslavia.

“Kosovo”, the term used for the territory of southern Serbia, is de-jure recognised as a “state” by over 110+ “states”, but is not a “state” itself, as per the Montevideo Convention on the Rights and Duties of States (1933), and is not a “state” at the U.N. where 2/3rd positive vote is required by the U.N. General Assembly for “statehood”.

Article 1 of the Montevideo Convention on the Rights and Duties of States (1933) requires that a “state” must have the “capacity to enter into relations with other states” and be a “government”. The entity of the self-termed “government of Kosovo” has neither. The “Declaration of Independence” of “Kosovo” was upheld by an “advisory opinion” at the International Court of Justice (ICJ) in 2010, but an ICJ “advisory opinion” is not legally binding upon any member-State.

ICJ “advisory opinion” on “Kosovo” expressly states that the Court has not made any determination on whether “Kosovo” is a “state”, within the definition of international law or at the U.N., as stated in paragraphs 49-56 of the ICJ advisory opinion.

Furthermore, a “Declaration of Independence” does not mean that the entity has legal rights to exercise control over the territory it claims or even the self-termed “Islamic Emirate of Afghanistan”, or the Afghan Taliban’s “Declaration of Independence” would be valid for control of the nation today, since the U.N. General Assembly passed a resolution to assist the Afghan Taliban in 1992, for state-building, when they were controlling Afghanistan.

Since “Kosovo” is not a “state” at the U.N. as it does not have the required 2/3rd majority diplomatic recognition, it is in direct violation of Article 49 of the Fourth Geneva Conventions (1949), Article 8 (b) (viii) of the Rome Statute (2002), as well as Article 85 (4) of the Additional Protocol I (1977) since Serbia is a “state” and “Kosovo” is conducting:

“The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory”

Therefore, the self-termed “government of Kosovo” is not a “government” for the purpose of being a “state” as per the Montevideo Convention on the Rights and Duties of States (1933), but an “Occupying power” of Serbia. The entity of “Kosovo” does not have the “capacity to enter into relations with other states” as only “governments” do, in most cases.

Key word here proving that “Kosovo” does not meet the qualifications for a “state” as per the Montevideo Convention on the Rights and Duties of States (1933), as mentioned in Article 1 is it mentions “other states”, implying that “Kosovo” must be a “state” itself to enter into relations with “other states”.

“Kosovo” is not allowed to sign any international treaties and conventions, due to the fact that an entity needs to be a “state”, so they have not even signed the Geneva Conventions (1949); one of the most basic conventions of international law, since it is based on many other conventions which preceded in relation to international humanitarian law (IHL) from the 1800’s.

Nevertheless, the entity of “Kosovo” was established by a U.N. Military Observers including the U.N. Protection Force (UNPROFOR) in 1991, U.N. Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES), etc, which were tasked with restoring peace, as well as law and order, without hindering “political independence” in the former Yugoslavia.

The principle of “political independence” was mentioned in one of the first U.N. Peacekeeping Resolutions in 1991 for the former Yugoslavia, as the U.N. Security Council Resolution which “dispatched small group of personnel (Croatia)” stated that:

“…the people of peoples of Yugoslavia to decide upon and to construct their future Yugoslavia, in liaison with the International Committee of the Red Cross”.”

The Geneva Conventions (1949) were in large, drafted by members of the International Committee of the Red Cross (ICRC), which “Kosovo” is not a signatory to, as it cannot sign without “statehood”.

Since Serbia is a member-State of the International Criminal Court (ICC) and “Kosovo” is not a “state”, as per international law; Serbia may file a complaint against the “Occupying power” of “Kosovo” by a “Referral of a situation by a State Party” allowed via Article 14 of the Rome Statute (2002), referring to the “situation” of the war crime of illegal occupation of southern Serbia.

The war crime of illegal occupation is being aided and abetted, in violation of Article 25 of the Rome Statute (2002), by the military alliance of the North Atlantic Treaty Organization’s (NATO) division for “Kosovo”, also committing the “crime of aggression” since it does not have any U.N. Authorisation to be in Serbia.

This division is called “NATO-KFOR”, which is composed of mostly of United States (U.S.) Armed Forces which are to be prosecuted in an International Criminal Tribunal for the United States of America for crimes against humanity, war crimes, violations of the Geneva Convention on the Prevention and Punishment of the Crime of Genocide (1948), violation of the Chemical Weapons Convention (1997), as well as other serious violations of international law in the near future, as it committed these violations on its own territory as well as territories of many other nations, and where Israel, Canada, including nations are complicit in these violations.

Despite the fact that the ICC has jurisdiction on crimes from 2002 onwards, the bombings by NATO in the 1990’s against civilian targets are not to be taken lightly and can be introduced as evidence, if it is relevant to NATO-KFOR’s war crimes in Serbia today.

Serbia also has the option of charging these individuals at the International Court of Justice (ICJ), which is not a criminal court to issue arrest warrants, but can issue an order for the illegal war criminals of the war criminal entity of the “government of Kosovo”, the Occupying power, to evacuate the war criminal entity of the “government of Kosovo” of what is considered Serbia for all legal purposes.

This is a comparatively easy case, since the area “Kosovo” is claiming, is still part of southern Serbia. In addition, “Kosovo” has self-admitted to committing “crimes against humanity” as part of an “ethnic cleansing” campaign of Serbians, so many of the belligerent “Kosovo Liberation Army” officials are to face trial in a European Union (E.U.) Tribunal for the same.

Self-admission of “ethnic cleansing” by “Kosovo” only leads us to the human rights violations being committed in southern Serbia today, such as the continuing of the “genocide” against Serbians since there are attacks including disappearances with “discriminatory intent” against Serbians by this war criminal entity; which Serbia can also prosecute at the ICC, as documented by human rights organisations such as Amnesty International.

“Discriminatory intent” is the main criteria distinguishing “crimes against humanity” from “genocide”, and this mens rea or mindstate is easier to prove when there is continuing occurrences of these crimes, especially if it is part of a “policy”.

The ICC is “complimentary” to other national courts, so cases can proceed against this entity at the European Courts and the ICC at the same time, for the same crimes, such as the “ethnic cleansing” against Serbians; a watered-down term for “genocide” against Serbians, for which a case can be made for, against “Kosovo”, at the ICC.

guilty-ring-call-trade

Kosovo is not depicted as a separate “state” on the U.N. World Map (Today), issued by the U.N. Secretariat, nor the U.N. Educational, Scientific, and Cultural Organisation (UNESCO)’s yearly “World Heritage Maps”. Since Kosovo is not a “state” under international law, “Kosovo” is an Occupying power, committing the war crime of illegal occupation against a “state”; Serbia, as per international law.

Superpower alliance of BRICS (Brasil, Russia, India, China, and South Africa) and most of its allies do not recognise this war criminal entity.

Despite the fact it is the prerogative of states to recognise other states, it can be argued that the “other states” that have recognised this illegal war criminal entity, have done so under false pretext, thinking it was a “state” as per the Montevideo Convention on the Rights and Duties of States (1933).

Once there is “knowledge”, as stated in the Rome Statute (2002), of a war crime, those who continue to supply arms or defence equipment, etc, are “aiding and abetting” those war crimes so therefore; can be held for complicity for the same crime as per Article 25 of the Rome Statute (2002).

Those who recognise “Kosovo” as a separate entity can also be held accountable under Article 25 (3) (d) (i) (ii) since recognition can be considered as an act to:

  1. Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court;
  2. Be made in the knowledge of the intention of the group to commit the crime.

The presence of NATO-KFOR in “Kosovo”, which consists of mostly U.S. Armed Forces, with the knowledge war crimes are occurring, makes the contingent complicit if it goes to trial at the ICC.

“Kosovo” is a rouge regime committing the war crime of illegal occupation can be prosecuted at the ICC, and should be brought to the attention of the public as well as the concerned, so no further recognitions or aid can be given to the war criminals; “the government of Kosovo” and “NATO-KFOR”, in the absence of any legal authorisation from the U.N. or a bi-lateral treaty with the “state”, which is required to be in southern Serbia, as per international law.

These persons will not be able to travel to any other member-State of the ICC, which is most of Europe, South America, and Africa, or they will be arrested for extradition, for prosecution at the ICC.

The E.U. insisting on Serbia recognising Kosovo as a separate “state”, as a pre-condition for membership, will have to retract this pre-condition, as it is requesting Serbia to recognise war criminals.

If this “situation” is referred to the ICC, Serbia will be able to regain its land back, hold war criminals accountable for serious violations of international human rights law against Serbians, and join the E.U. on new terms.


About the author:

Dr. Parasaran Rangarajan is the President of the South Asian Association for Regional Cooperation in Law’s Mission to the United Nations (SAARCLAW-UN). First President in history representing the governments of 9 nations in South Asia — 30% of the world’s population — in international law and to the United Nations. Counsellor [Sixth Committee] for the Permanent Mission of India to the United Nations, Consultant for SAAG, Editor-in-chief for the International Law Journal of London.

Thursday, September 3rd, 2015

By Dr. Parasaran Rangarajan*

Original source of the article:

http://www.eurasiareview.com/03092015-illegal-occupation-of-southern-serbia-kosovo-analysis/

kosovo-clinton-thaci-1024-683

Save

Save 

RELATED POSTS
Five facts about Kosovo the #fakenews media is lying to you about
1. Kosovo is not ancient Albanian land Its very name comes from the Serbian word "kos," meaning blackbird. Its Albanian name, "Kosova," means nothing whatsoever. Kosovo was the heartland of medieval Serbian state and the site of the 1389 battle in which both the Serbian prince and the Ottoman sultan died, checking the Turkish expansion into the Balkans for almost 70 years. Ethnic Albanians were settled there by the Ottomans over the intervening centuries, and became a majority due to pogroms and persecution of Serbs - which began under Ottoman rule but continued under Austro-Hungarian occupation in WWI and German/Italian occupation in ...
READ MORE
The Birkenstock Bomber: When Bernie Did Serbia
The most useful parable about progressives is that offered by Bernard Sanders, self-styled “socialist-progressive-independent” rep from Vermont. Sanders owes his political career to rage against the Vietnam War among radicals, many of whom moved into the state in the early 1970s. They forthwith planned a long-term, carefully organized, assault on Vermont’s two-party structure. Sanders linked his political ambitions to this effort to organize a third force, the Progressive Alliance. He became mayor of Burlington and, later, congressman. At a rapid clip the emphasis moved from party-building to Sanders-building. By 1994, it was apparent that the only movement B. Sanders was interested in ...
READ MORE
Countering NATO propaganda on Russia: NATO intervention in Afghanistan, Kosovo, Libya, Ukraine
Part I, Part II, Part III, Part IV, Part V A follow-up of Professor Vladimir Kozin’s comments on NATO’s Fact Sheet about relations with Russia published in December 2014. The topics to be covered in this part: NATO’s operation in Afghanistan was a failure; The NATO-led mission in Afghanistan failed to stop the Afghan drugs trade; NATO’s operation over Libya was illegitimate; NATO’s operation over Kosovo was illegitimate; The cases of Kosovo and Crimea are identical; Russia’s annexation of Crimea was justified; The Ukrainian authorities are illegitimate. NATO’s operation in Afghanistan was a failure NATO claim: NATO took over the command of the UN-mandated International Security Assistance Force in Afghanistan in 2003. Under NATO’s command, the mission progressively ...
READ MORE
Dusseldorf axe attacker: “Fatmir H,” Muslim Albanian from Kosovo
If a German had showed up in London in 1944 and opened fire, would police have ruled out any connection to Nazism? Fatmir H comes from a hotbed of jihad activity. The Islamic State and al-Qaeda have issued repeated calls for Muslims in West to murder civilians. We have seen the perpetrators of numerous jihad terror attacks declared mentally ill, often absurdly. In light of all that, the possibility that this was a jihad terror attack cannot be ruled out. “‘He jumped out of the train and started to strike at people with an AXE’: Horror in Dusseldorf as Kosovan attacker ...
READ MORE
Mass murders of Serbs in town of Pec in 1998
During the Albanian Muslim secessionist and separatist war in the Serbian province of Kosovo and Metohija, Kosovo Serb civilians were targeted for murder and expulsion. December 14, 2010 marked the 12th year anniversary of the mass murders of six Kosovo Serbs in 1998 by Kosovo Albanian secessionists and separatists. The cold-blooded murder of the six youths was a horrific and shocking mass murder. The killers were Albanian Muslim separatists, suspected members of the KLA, which U.S. special envoy to the Balkans Robert Gelbard described in 1998 as “without any question, a terrorist group”: “I know a terrorist when I see ...
READ MORE
The NATO’s un“Just War” In 1999
The southeastern province of the Republic of Serbia – under the administrative title of Kosovo-Metochia (in the English only Kosovo), was at the very end of the 20th century in the center of international relations and global politics too due to the NATO’s 78 days of the “humanitarian” military intervention against the Federal Republic of Yugoslavia (The FRY which was composed by Serbia and Montenegro)[1] in 1999 (March 24th–June 10th). As it was not approved and verified by the General Assembly or the Security Council of the United Nations, the US-led operation “Merciful Angel” opened among the academicians a fundamental ...
READ MORE
Serbian Patriarchate of Peć in the Ottoman Empire: The First Phase (1557−1594)
Article is publishes as: “The Serbian Patriarchate of Peć in the Ottoman Empire: The First Phase (1557−94)”, Serbian Studies: Journal of the North American Society for Serbian Studies, Vol. 25, 2011, № 2, ISSN 0742-3330, 2014, Slavica Publishers, Indiana University, Bloomington, USA, pp. 143−167 Introduction  The goals of this article are: 1) to investigate the role of the revived Patriarchate of Peć in Serbian and Balkan history?; and 2) to explore and present the results of investigation of the problems with respect to: a) the role of the Serbian Church during the first decades of the Ottoman occupation of Serbian lands in ...
READ MORE
NATO’s illegal war against Serbia
Facts And Truth @ YouTube: “Remember why NATO spent 78-days bombing Yugoslavia in the spring of 1999? There was the ethnic cleansing. The atrocities. The refugees chased out of Kosovo by the Serb army. The mass graves. The heaps of bodies tossed into vats of sulphuric acid at the Trepca mines. NATO spokesman Jamie Shea said there were 100,000 Kosovo Albanian Muslims unaccounted for. Problem is, none of it happened.” Forensic report throws doubt on US/NATO claims of Racak “massacre” By Richard Tyler wsws.org, 12 February 2001 A forthcoming article by three Finnish pathologists throws further doubts upon official descriptions of a “massacre” in ...
READ MORE
Who are the Serbs?
Serbs: Basic facts Ethnic location: Central and western part of the Balkan Peninsula (South-East Europe) Population: 10.2 million (1.8 million Serbs live outside their ethnic location) Language: Serbian Religion: Eastern Orthodox Christians 1 Introduction Serbs belong to the Southslavonic group of Indo-European peoples. As their tradition, culture, language, beliefs, and customs show, the ethnogenesis of Serbs goes far back into the past. Serbian ancestors, Protoslavs and Old Serbs, were described in the 5th century BC by Herodotus, under the names of Neuri and Budini, living north of the Danube in the region between Dniepar and north-eastern Carpathian Mountains. The first mention of the name "Serbs" appears ...
READ MORE
Refuting a Greater Albania’s mythomania: The ancient Balkan Dardanians – The Illyro-Albanians, the Daco-Moesians or the Thracians?
One of the claims of Albanian historiography is that the Central Balkan tribe - Dardanians, who settled in the southern portion of the territory of the Roman Province of Moesia Superior and northwestern part of the Roman Province of Macedonia, should be considered as one of the Illyrian tribes and an ancestor of the Albanians. With respect to this point, Albanian historians refer to the German linguist Norbert Jokl who wrote, according to the research of historical toponomastics, that the ancient cradle of the Albanians was Dardania, from where they moved westward to their present territories in late Roman times.[1] ...
READ MORE
War crimes by British General Sir Michael Jackson: From Bloody Sunday in Derry, Northern Ireland to Croatia, Kosovo and Iraq
More than forty years later: The 5000 page Saville Commission Report into the 1972 Bloody Sunday massacre in Derry, Northern Ireland, while calling for compensation to the victims’ families, fails to identify who were the perpetrators, both within H.M government and the British Army. “The North’s Public Prosecution Service (PPS) is continuing to scrutinise the Saville report to determine whether there is sufficient evidence to bring charges against British soldiers involved in Bloody Sunday on January 30th, 1972. While progress has been made on the issue of compensation there have been no substantial developments in relation to the possibility of British ...
READ MORE
Potential new EU member is jihad’s Trojan horse
Fourteen people were arrested last Friday in raids in the Austrian capital of Vienna and the city of Graz. Prosecutors said the coordinated action, which involved 800 officers, was part of an ongoing investigation into suspected membership in the terrorist organization ISIS. Police also reportedly raided unofficial mosques where supporters of ISIS, against which the Trump administration has declared war, may have been meeting. Among those arrested, at least four were from the Balkan country of Bosnia-Herzegovina, a former federal unit of Yugoslavia. They are suspected of being part of the so-called Bosnian Network, run by a preacher who received a 20-year sentence in ...
READ MORE
“Mafia State”: Kosovo’s PM accused of running human organ, drug trafficking cartel
In another grim milestone for the United States and NATO, the Council of Europe (COE) released an explosive report last week, "Inhuman treatment of people and illicit trafficking in human organs in Kosovo." The report charged that former Kosovo Liberation Army (KLA) boss and current Prime Minister, Hashim Thaçi, "is the head of a 'mafia-like' Albanian group responsible for smuggling weapons, drugs and human organs through eastern Europe," The Guardian disclosed. According to a draft resolution unanimously approved December 16 in Paris, the Committee on Legal Affairs and Human Rights found compelling evidence of forced disappearances, organ trafficking, corruption and collusion between ...
READ MORE
Photo story: Muslim Albanian Islamic State of Kosovo from 1999 onwards
Photo evidence of Jihadization of Kosovo & Metochia by Muslim Albanians from June 1999 onward. Kosovo after June 1999 when became occupied by NATO troops became the first world's ISIS/ISIL. The EuroChristian culture of the ethnic Serbs is systematically destroyed like today in the Middle East for the reason to create pure Islamic state. At the same time Kosovo & Metochia is becoming overwhelmingly Islamized with ethnic cleansing of all non-Albanians especially of the Christian Serbs. Save
READ MORE
Kosovo: Europe’s “Mafia State”: Hub of the EU-NATO drug trail
Kosovo's Prime Minister Accused of Running Human Organ, Drug Trafficking Cartel In another grim milestone for the United States and NATO, the Council of Europe (COE) released an explosive report last week, “Inhuman treatment of people and illicit trafficking in human organs in Kosovo.” The report charged that former Kosovo Liberation Army (KLA) boss and current Prime Minister, Hashim Thaçi, “is the head of a ‘mafia-like’ Albanian group responsible for smuggling weapons, drugs and human organs through eastern Europe,” The Guardian disclosed. According to a draft resolution unanimously approved December 16 in Paris, the Committee on Legal Affairs and Human Rights found compelling ...
READ MORE
Basic introduction to the Kosovo problem
  Figure 1. Ethnic Albanian refugees at the Lion airport, April 18, 1999 A French magazine published a couple of photos from the Lion airport on April 18th, 1999, at the time when NATO bombers were pouring their lethal burden over Serbia (and partly over Montenegro), in the course of their “preventing humanitarian catastrophe” at Kosovo. One picture showed the French weaponry ready to be transported to Kosovo, the other presented an ethnic-Albanian family from Kosovo, refugees just arrived to France. The photo deserves well our attention, for it speaks very much indeed; it exposes vividly the very crux of the ...
READ MORE
“Ignoble Beyond Words”: Fomenting Illegal “independence” and “revolutions” in Kosovo and Panama
US President Theodore Roosevelt, a staunch imperialist and expansionist, engineered the illegal dismemberment of Columbia in 1903. The illegal US dismemberment and annexation of Serbian territory, the detachment and dismemberment of Kosovo in 2008, parallels what occurred when the US illegally dismembered Columbia in 1903 in order to construct the Panama Canal. Outrage, shock, and uproar followed Roosevelt’s illegal detachment of Panama from Columbia in 1903. Many American leaders were outraged at the illegality, cynicism, and immorality of the dismemberment of Columbia. In the March 2, 1912 New York Times article “Hit at Rooesevelt in Panama Inquiry; Senate Calls on Taft for All Records of ...
READ MORE
b021121ci
20th November 2002
NATO Summit Meeting in Prague, Czech Republic
North Atlantic Council Meeting at the level of Heads of State and Government.
North Atlantic Council Meeting with Invitees at the level of Heads of State and Government.
- General View
Was Serbia attacked in 1999? To answer that question, Milica-Hänsel Radojkovic draws on period documents (including Willy Wimmer’s letter to Chancellor Gerhard Schröder). He highlights the unacceptability of the Rambouillet proposals, designed to justify a war that had already started. Fourteen years ago, after the negotiation conferences in Rambouillet and Paris between 6th and 23rd February 1999, the global media informed the general public that “the Serbian delegation did not accept the offered agreement and rather qualified it as null and void”, while indicating that allegedly the so-called Contact Group for Yugoslavia stood behind the agreement. This body consisted of four ...
READ MORE
Kosovo: Heroin transport corridor
US-NATO military control of Kosovo serves several purposes for Washington’s greater geo-strategic agenda. First it enables greater US control over potential oil and gas pipeline routes into the EU from the Caspian and Middle East as well as control of the transport corridors linking the EU to the Black Sea. It also protects the multi-billion dollar heroin trade, which, significantly, has grown to record dimensions in Afghanistan according to UN narcotics officials, since the US occupation. Kosovo and Albania are major heroin transit routes into Europe. According to a 2008 US State Department annual report on international narcotics traffic, several key ...
READ MORE
An image grab taken from a propaganda video uploaded on June 11, 2014 by jihadist group the Islamic State of Iraq and the Levant (ISIL) allegedly shows ISIL militants gathering at an undisclosed location in Iraq's Nineveh province. Militants took control of the Iraqi city of Tikrit and freed hundreds of prisoners today, police said, the second provincial capital to fall in two days. AFP PHOTO / HO / ISIL-/AFP/Getty Images
The DEBKA website, close to Israeli military intelligence, knows well all the behind the curtain details of regional politics. A few days ago it reported about basically new turns of the way the events unfold in Syria. According to Israelis, (1) the Syrian extremists received a load of heavy weapons for the first time since the war started. The senders are the groups from Kosovo and the Republic of Bosnia and Herzegovina linked to Al Qaeda. The package includes Kornet and Fagot anti-tank systems delivered by the Soviet Union to former Yugoslavia in the past. The weapons ended up in ...
READ MORE
Five facts about Kosovo the #fakenews media is lying to you about
The Birkenstock Bomber: When Bernie Did Serbia
Countering NATO propaganda on Russia: NATO intervention in Afghanistan, Kosovo, Libya, Ukraine
Dusseldorf axe attacker: “Fatmir H,” Muslim Albanian from Kosovo
Mass murders of Serbs in town of Pec in 1998
The NATO’s un“Just War” In 1999
Serbian Patriarchate of Peć in the Ottoman Empire: The First Phase (1557−1594)
NATO’s illegal war against Serbia
Who are the Serbs?
Refuting a Greater Albania’s mythomania: The ancient Balkan Dardanians – The Illyro-Albanians, the Daco-Moesians or the Thracians?
War crimes by British General Sir Michael Jackson: From Bloody Sunday in Derry, Northern Ireland to Croatia, Kosovo and Iraq
Potential new EU member is jihad’s Trojan horse
“Mafia State”: Kosovo’s PM accused of running human organ, drug trafficking cartel
Photo story: Muslim Albanian Islamic State of Kosovo from 1999 onwards
Kosovo: Europe’s “Mafia State”: Hub of the EU-NATO drug trail
Basic introduction to the Kosovo problem
“Ignoble Beyond Words”: Fomenting Illegal “independence” and “revolutions” in Kosovo and Panama
The Nato-aggression against the Federal Republic of Yugoslavia in 1999
Kosovo: Heroin transport corridor
Syrian rebels get arms from Kosovo and Bosnia

Share