Illegal Occupation of Southern Serbia: Kosovo – Analysis

Hits: 836

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.

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.


Originally published on 2015-09-03

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.

Source: Eurasia Review

Read our Disclaimer/Legal Statement!

Donate to Support Us

We would like to ask you to consider a small donation to help our team keep working. We accept no advertising and rely only on you, our readers, to keep us digging the truth on history, global politics and international relations.

[wpedon id=”4696″ align=”left”]

READ MORE!
US Serbs, Angry about Being Bombed by Bill, May Have Cost Hillary the Election
The reason Hillary Clinton was crushed in the electoral college during this election is because she lost Wisconsin, Michigan, and Pennsylvania . The reason behind the unprecedented loss can be summed up in two sentences. We will not forget. We will not forgive.These three states are home to the Serbian-American community. For most of them, their traditionally Democratic ticket vote turning Republican was a clear repudiation of Hillary Clinton's role in the Balkan genocide."An American Serb generally doesn't vote FOR anyone, but AGAINST a Biden, a Clinton, a McCain, against whoever Madeleine Albright supports, against whoever bombed Serbia, recognized Kosovo... Wait, was Dubya a ...
READ MORE
Kosovo: The Hidden Growth of Islamic Extremism
The recent arrest of 40 alleged Islamic radicals in Kosovo together with the arrest of one of the Kosovo Imams suspected of being an inspirer of jihad in the region brought serious questions about the radicalisation of Islam and terrorism in Kosovo, in the Balkans and in Europe. Even though the issue of Kosovo Albanian volunteers or mercenaries fighting alongside the anti-Bashar forces in Syria and supporting the radical leadership of the Islamic State (earlier the Islamic State of Iraq and Syria) has been present in the public debate in Kosovo for at least a year, the debate itself was ...
READ MORE
Nightmare by Design: NATO’s Takeover of the Kosovo Town of Orahovac
IntroductionBelow are TENC's October 1999 interviews with three Serbian women from the Kosovo town of Orahovac. They recount how, prior to the June 1999 NATO-UN takeover of Kosovo, they believed NATO's promise that it would institute multi-ethnic harmony. They discovered too late that for NATO multi-ethnic meant rule by the Kosovo Liberation Army (KLA).In September, TENC had published its first interview with an eye-witness to the NATO-UN Kosovo takeover: Cedomir Prlincevic, President of the Jewish community and Chief Archivist in Pristina, capital of Kosovo.Mr. Prlincevic described how he and the rest of the small Jewish  community were driven from their ...
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 CartelIn 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
The Slavo-Macedonians as a Tool For the Creation of a Greater Tito’s Yugoslavia
These coming days, the final result of the inter-state negotiations between the Former Yugoslav Republic of Macedonia (FYROM) and Greece about the official and internationally used state’s name of the former is to be announced. According to many unofficial sources, most probable new state’s name of FYROM is going to be the Republic of North Macedonia but other options like the Republic of Ilinden Macedonia are also circulating in mass media. Here, it is worth to remember some of the aspects of historical disputes over the “Macedonian Question”. The focal Greek accusation of Yugoslav Macedonian policy after the WWII was that ...
READ MORE
Understanding NATO, Ending War
On 4 April 2019, the North Atlantic Treaty Organization, better known as NATO, marked the 70th anniversary of its existence with a conference attended by the foreign ministers of member nations in Washington DC. This will be complemented by a meeting of the heads of state of member nations in London next December.Coinciding with the anniversary event on 4 April, peace activists and concerned scholars in several countries conducted a variety of events to draw attention to, and further document, the many war crimes and other atrocities committed by NATO (sometimes by deploying its associate and crony terrorist armies – ISIS, ...
READ MORE
The Albanian Question in the Balkans
Since the fall of the Socialist Federal Republic of Yugoslavia, Albanians are among the main actors of instability in the Balkans. At the same time they are the most loyal servants of the US in the Balkans. The Greater Albania project, which dates back to the 19th century is an idea of the unification of all Albanians into one state. Namely, the Prizren League then demanded the recognition of the national identity of Albanians and the autonomy of Albania within the Ottoman Empire. Today, Albanians live in two countries Albania and Kosovo (Serbian breakaway southern province) and in neighboring countries. The scenario ...
READ MORE
The CIA and a Greater Albania: The Origins of the US Role in the Balkans
Introduction: The Missing LinkWhy did the US support the separatist and terrorist so-called Kosovo Liberation Army (KLA, or UCK in Shqip), which sought to create an ethnically pure Albanian Kosovo based on ethnicity? Why did the US sponsor a criminal and illegal separatist movement that sought to ethnically cleanse non-Albanians and create an independent state of Kosova? Why was the US supporting and sponsoring the re-establishment of a fascist-Nazi Greater Albania that Adolf Hitler and Benito Mussolini had initially created?When did the US begin to play a role in Kosovo? Did the US role in Kosovo begin with the arming ...
READ MORE
A Croatian Role in the Destruction of Yugoslavia in the 1990s (III)
Part I, Part II Territorial imperialism of the HDZ’s Croatia The fact was that all ultranationalistic parties and organizations in the 1990s struggled for the creation of a Greater Croatia according to the principle of the ethnographic, historical and even natural rights. In all of those concepts, Bosnia-Herzegovina was seen as an integral part of united Croatia. There were, in principle, two concepts of united Croatia: A minimal concept of Croatia within the borders of the Banovina Hrvatska as it was in the Kingdom of Yugoslavia in 1939−1941 (when a Greater Croatia as a separate and autonomous administrative territory became a state ...
READ MORE
Kosovo is Serbia
March 24 [2020] will mark the 21st anniversary of NATO’s occupation of Serbia’s Kosovo province, and so we reaffirm: Kosovo is Serbia. Serbia does not and will not ever recognize Kosovo’s claims of sovereignty. We call on NATO to end its occupation of Kosovo.NATO’s occupation of Kosovo and its increasing militarization of the province is a threat to the world’s common security. Albanian occupation authorities continue their assault on human rights and fundamental freedoms, brutally silencing critics in civil society and the media, and curtailing religious freedom. Hundreds of individuals from Kosovo, including members of the Serb community, have been ...
READ MORE
9 of the World’s 10 Least Peaceful Nations were all Targeted by U.S. Intervention
The 2017 Global Peace Index has declared Syria, Afghanistan, Iraq and South Sudan to be among the “least peaceful” countries in the world. Incidentally, all four have been targets of U.S.-led destabilization efforts that were used to pursue economic interests that suit the U.S. MINNEAPOLIS– The annual Global Peace Index, recently released for June 2017, has found that while the world is more peaceful now than last year, violence has increased significantly overall in the past decade. Although the situation has improved in many countries, the ten lowest-ranking nations – known as the world’s “least peaceful” countries – have shown little change ...
READ MORE
Greece and Slavo-Macedonians (1913-1993)
After the division of Macedonia in 1913 (according to the Bucharest Peace Treaty) neither Serbia, Bulgaria nor Greece recognized the existence of a Macedonian ethnolinguistic nation and, therefore, an assimilation policy of Macedonia’s Slavs was carried out by the state’s authorities of all those three countries. Greece referred to Aegean Slavo-Macedonians as Slavophone Greeks or Macedoslavs (the region was and is today officially called as “North Greece”), Serbia referred to Vardar Slavo-Macedonians as Serbs from “South Serbia” while for Bulgaria Pirin Slavo-Macedonians were Bulgarians. When the WWI started in 1914, Bulgaria sided with Central Powers and in the fall of 1915 ...
READ MORE
Kosovostan – Islamization of EuroChristian Kosovo: Photo Evidence
Photo evidence of a rapid Islamization of EuroChristian southern province of the Republic of Serbia - Kosovo-Metochia. The province is occupied by NATO gangsters in June 1999 and since that time the province is experiencing massive destruction of Serbian Christian Orthodox churches and monasteries followed by building of new mosques by Muslim Albanians. Financial support for Islamization of Kosovo-Metochia is of three sources: 1) Muslim Albanian diaspora living & working in Western countries; 2) The Wahhabites of Saudi Arabia; and 3) Other Sunni Islamic countries especially Turkey. During the last 15 years there were more built mosques than during 400 years of Ottoman ...
READ MORE
Albanian Drug Gangsters Taunt UK by Flaunting Wealth
Members of a notorious Albanian-run cocaine smuggling gang in London have outraged the UK mass media by flaunting their illegally obtained wealth on Instagram. The Daily Mail on Monday accused the Hellbanianz group of “brazenly flaunting their gangster lifestyle” by posting pictures of themselves draped over luxury cars, smoking drugs, sporting Gucci outfits and fielding a kind of cake made up of rolled-up 50 pound notes. A similar note of outrage was struck by the Sun and the Daily Mirror. One picture shows a gang member holding a golden “game-of-thrones” style knuckleduster, encrusted with gems and formed in the shape of the letters ...
READ MORE
Kosovo: An Illegal Entity Annexed and Ruled by NATO is to Create a Regular Army
Kosovo is to set up a regular standing army, officially defying everyone, including NATO, although the bloc’s objections are only half-hearted. The alliance would prefer that the illegal entity of Kosovo change its constitution in order to create an army. Just amend it, and then you’re free to have one. This stance looks more like connivance than any real opposition to the move. Washington’s position is more or less the same. It supports "the gradual, transparent transformation of the Kosovo Security Force into a multiethnic force in line with NATO standards" as long as it complies with the provisions of Kosovo’s constitution, reflecting that “entity’s multiethnic ...
READ MORE
How to Combat Croatian Revisionists’ Culture of Lies
In early 1944, Mirjana Babunovic-Dimitrijevic, a 22-year-old middle-class woman living in Sarajevo, was arrested by the Ustasa police. After she was arrested along with her mother and aunt, they were all deported to the Jasenovac concentration camp, for refusing to convert to Catholicism. All three women died there in late 1944.These women were among more than 80,000 victims who perished at Jasenovac between 1941 and 1945. While we don’t know precisely how they died nor what happened during their short lives in the camp, two things are certain.First, their deaths were the direct result of deliberate political decisions. Second, they ...
READ MORE
The NATO’s Violations of the “Just War” Principles in 1999
Current political process of acceptance of the quasi-independent state of Kosovo to the full UN’s UNESCO’s membership opened once again a question of the NATO’s military intervention against the Federal Republic of Yugoslavia (the FRY) in March−June 1999 as a foundation for Kosovo’s secession from Serbia and its unilateral proclamation of a quasi-independence in February 2008. Kosovo became the first and only European state up today that is ruled by the terrorist warlords as a party’s possession – the (Albanian) Kosovo Liberation Army (the KLA). The aim of this article is to investigate the nature of the NATO’s war on ...
READ MORE
Serbia: Parliamentary Elections for the NATO/EU’s Membership
Author’s note: a draft version of the article was originally written at the end of December 2015 and published in March 2016. This is the extended article’s version.On April 24th, 2016 Serbia faced three-level elections: for the national parliament, local municipalities and Vojvodina’s autonomous provincial administration. The elections did not cover Kosovo province as current Serbia’s pro-NATO/EU’s government already two years ago de facto recognized in its negotiations with the EU and Pristina’s government that this province is not any more an integral part of the legal and administrative system of the Republic of Serbia. Nevertheless, these elections were in ...
READ MORE
Nationalism and the Yugoslavs
“Ethnic affiliation has never been forgotten in the territories of the former Yugoslavia. It did play a certain role, and it did influence decisions even during the Tito's era of strict ‘Brotherhood and Unity’”[Várady T., “Minorities, Majorities, Law and Ethnicity: Reflections of the Yugoslav Case”, Human Rights Quarterly, Vol. 19, 1997, p. 42]People, nation and stateI agree that “in Yugoslavia, all political problems are intimately linked with the issue of nationalism”.[i] Indeed, the fixing of inner or administrative borders between Yugoslavia’s nations and nationalities became one of the main issues that forged nationalism after the Second World War onward and ...
READ MORE
Remembering the NATO Led War on Yugoslavia: Kosovo “Freedom Fighters” Financed by Organized Crime
Twelve years ago, March 24th, 1999, marks the commencement of NATO’s aerial bombardment of Yugoslavia. The bombings which lasted for almost three months, were followed by the military invasion (under a bogus UN mandate) and illegal occupation of the province of Kosovo.In the course of the last week, the so-called international community, backed by the UN Security Council has called for the bombing of Libya, a sovereign country, allegedly to protect the lives of civilians under the logo of “Responsibility to Protect”.The covert operations, the military strategies applied in Libya not to mention the process of media disinformation bears a canny ...
READ MORE
US Serbs, Angry about Being Bombed by Bill, May Have Cost Hillary the Election
Kosovo: The Hidden Growth of Islamic Extremism
Nightmare by Design: NATO’s Takeover of the Kosovo Town of Orahovac
Kosovo: Europe’s “Mafia State”: Hub of the EU-NATO Drug Trail
The Slavo-Macedonians as a Tool For the Creation of a Greater Tito’s Yugoslavia
Understanding NATO, Ending War
The Albanian Question in the Balkans
The CIA and a Greater Albania: The Origins of the US Role in the Balkans
A Croatian Role in the Destruction of Yugoslavia in the 1990s (III)
Kosovo is Serbia
9 of the World’s 10 Least Peaceful Nations were all Targeted by U.S. Intervention
Greece and Slavo-Macedonians (1913-1993)
Kosovostan – Islamization of EuroChristian Kosovo: Photo Evidence
Albanian Drug Gangsters Taunt UK by Flaunting Wealth
Kosovo: An Illegal Entity Annexed and Ruled by NATO is to Create a Regular Army
How to Combat Croatian Revisionists’ Culture of Lies
The NATO’s Violations of the “Just War” Principles in 1999
Serbia: Parliamentary Elections for the NATO/EU’s Membership
Nationalism and the Yugoslavs
Remembering the NATO Led War on Yugoslavia: Kosovo “Freedom Fighters” Financed by Organized Crime

Written by Policraticus

SHORT LEGAL DISCLAIMER: The website’s owner & editor-in-chief has no official position on any issue published at this website. The views of the authors presented at this website do not necessarily coincide with the opinion of the owner & editor-in-chief of the website. The contents of all material (articles, books, photos, videos…) are of sole responsibility of the authors. The owner & editor-in-chief of this website is not morally, scientifically or legally responsible for any inaccurate or incorrect statement in the contents of all material found on this website. The owner & editor-in-chief of this website is not responsible for the content of external internet sites. No advertising, government or corporate funding for the functioning of this website. The owner & editor-in-chief and authors are not morally, scientifically or legally responsible for any inaccurate or incorrect statement in the text and material found on the website www.global-politics.eu

Website: http://www.global-politics.eu