Professor Raju G. C. Thomas,
Marquette University, Milwaukee, WI:
Just for Record
Professor
of International Law speaks.
The
US is violating a number of international laws in attacking Serbia
over Kosovo which is part of a sovereign independent state.
It
is a violation of Article 2 of the UN Charter that prohibits the
use of force against a sovereign state where it has not committed aggression
on other states. Serbia did not attack any neighboring states outside its
sovereign borders. The Security Council did not sanction the use of force
here. If the issue had been submitted to the Security Council, it would
certainly have been vetoed by Russia and China. NATO knows it and therefore
bypassed it.
It
is a violation of NATO's own Charter which claims it is a defensive
organizations and is only committed to force if one of its members is attacked.
No member of NATO was attacked.
The so-called Rambouillet
"Agreement" (there was no "agreement" by Serbia ) is
a violation of the 1980 Vienna Convention
on the Law of Treaties which forbids coercion and force to compel any state
to sign a treaty or agreement. Serbia is being asked to sign this "Agreement"
through NATO bombs and missiles.
It
is a violation of the Helsinki Accords Final Act of 1975 which guarantees
the territorial frontiers of the states of Europe. What this so-called
peace plan offers is (a) the severance of Kosovo through NATO bombing with
immediate effect; or (b) the severance of Kosovo through NATO occupation
three years later.
If the sequel to the bombing
is recogntion of Kosovo as an independent state, this will violate
international law that prohibits recognition of provinces that unilaterally
declare independence against the wishes of the federal authorities.
These unlawful actions will
set precedents that will undermine stability elsewhere in the world.
Professor Raju G. C. Thomas
March 24, 1999
Milwaukee, Wisconsin.
Look at the following fact:
At the beginning of the crisis, Sunday New York Times (April 4, 1999) "World
Bolsters...", Page A7, said (quote):
A broad
spectrum of [Western] legal scholars agree that there is currently no simple,
straightforward or obvious LEGAL BASIS for the bombing of Serbian
targets to be found in treaties, the United Nations' Charter or binding
resolutions or ANY OTHER WRITTEN INTERNATIONAL LEGAL CODE. |
There you have it: Spectrum
of legal scholars could find NO WAY; no excuse for the WAR CRIME Clinton
and the gang are committing.
|