28

Thursday, 25.10.2007.

14:10

Koštunica: Serbia's top priorities – Kosovo, RS

Serbia will decisively defend UN resolution 1244 and the Dayton accord, Prime Minister Vojislav Koštunica says.

Izvor: Tanjug

Koštunica: Serbia's top priorities – Kosovo, RS IMAGE SOURCE
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28 Komentari

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Brazilian Guy

pre 16 godina

“and as a sidenote: Serbia did not start the war in Kosovo, it was the albanian extremists who started the whole mess... remember?”

That’s what Milosevic-controlled media has told… and sadly many people still believe it.

Jovan

pre 16 godina

"If it "doesn't matter" for you it MATTERS for the Kosovar Albanians. Fortunately of unfortunately for you Serbia started a war and lost it."
written by "EA"


dear EA,

the only difference is, nobody really cares what the Albanians think about that, since it is a simple, LEGAL fact.

whether you may like it or not. it simply doesn´t matter, even if you write a thousand times that it matters for you.

a fact doesn´t depend on the albanian or serbian view upon it. it is just and simply a fact, and stands independently without any disturbance from any "viewer"... hope you can understand what I am trying to explain to you!

you should get a little bit more serious, I guess.

if it DEFINITELY doesn´t matter, that means it doesn´t matter at all.

denying that only in order to write something, to "be against something" doesn´t let you look very good on this.

and as a sidenote: Serbia did not start the war in Kosovo, it was the albanian extremists who started the whole mess... remember? killing albanian postmen, killing serbian policemen, ...that was the Albanians, don´t try to distract from the truth that in nobody denying except you.

or do you wanna tell us that the serbian army wanted to internationalize the conflict by attacking you without a reason?

that´s just so nonserious...

Adrian Gashi

pre 16 godina

It would be better if the Serb posters here deal with the issues and arguments being discussed rather than engage in personal attacks and insults and analyze my "pre-historic mindset". Because generally if someone has to go that low it means that he's ran out of arguments.

As for my arguments on this issue, please read Oct 26th posts.

Olli

pre 16 godina

EA,

You say: "Fortunately of unfortunately for you Serbia started a war and lost it."

Could you tell me which war you talk about?

EA

pre 16 godina

Jovan,
"it simply Doesn't matter that there is no mentioning of Serbia in the constitutions or other legal documents of the former Yugoslavia...
If it "doesn't matter" for you it MATTERS for the Kosovar Albanians. Fortunately of unfortunately for you Serbia started a war and lost it. When are you going to get it? You have until the 10th of December 2007 to get it. If not everyone will get worried about you and people thinking like you.

lowe

pre 16 godina

"Now on the other hand, Serbia that claims sovereignty over Kosova under 1244, is not referred to by 1244, not one single time. Serbia claims a transfer of sovereignty, under some unknown clause for some unknown reason. There has been no UNSC resolution to update 1244 and/or transfer sovereignty over Kosova from Yugoslavia to Serbia. 1244 makes no provision for the transfer of soverignty, either implicit or explicit, automatic or not, in case Yugoslavia ceased to exist. From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire. Both are outdated and invalid and do not correspond to the present realities. In fact, since Yugoslavia's death, no one has anymore sovereignty over Kosova. Serbia makes a claim on 1244, since it is on her interests, but Kosova is as much within her right to refute such a claim.
(Adrian Gashi, 25. October 2007 21:37)"

Adrian Gashi

Let me enlighten you. 1244's Yugoslavia refers to Serbia and Montenegro. When Montenegro declared independence, Serbia became the successor state to this Yugoslavia (renamed Union of Serbia and Montenegro). That is why Montenegro had to apply for UN membership but Serbia need not do so. Because Serbia inherited the UN seat of the former union. So from UN standpoint, 1244 now must refer to Serbia as the successor state.

Brazilian Guy

pre 16 godina

The fact is that Kostunica has NO SAY in the sovereign nation-state of BOSNIA, which is NOT SERBIA.

Kostunica is just the premier of Serbia, not the leader of the Serb Orthodox followers in former Yugoslavia.

And let’s look at the map. It’s impossible to link contigously RS to Serbia in the way the territory of the entity is configurated today. What would RS do with Brcko District and the Posavina Canton? Annex them by force? Make again a blood-soaked “ethnic cleansing” to achieve its aims?

To make RS join Serbia is to disrespect the memories of those killed in Omarska, raped in Goradze and massacred in Srebrenica.

Slavko

pre 16 godina

Looks like Mr. Kostunica has his priorities straight. In order to achieve his objectives before all is lost,
he must, and I mean he must, either join the radicals or, have a no confidence vote and hold another election. There is no other option as Tadic does not hold the same opinion. Serbia should look eastward, the prosperity now is in India, China, Russia, Brazil, and other non European countries. Let's join the Russians and even become a confederation if we have to, as long as our beloved country remains intact, as opposed to joining the EU minus Kosovo, Vojvodina, Southern Serbia, etc.. Think about it, the EU and Nato is not worth it!!! The Radicals are on the mark!!

Olli

pre 16 godina

I must agree with Jovan about what he writes about Kosovo Albanians seemingly not understanding a key legal procedure here: Serbia is the legal successor of the SFRJ, the SRJ and finally Serbia/Montenegro or SCG, in short.

It truly looks like a mind-boggling matter to comprehend. But why?

On the other hand, they do in fact accept that Serbia is the successor of Yugoslavia. That is obvious since they consider Serbia to answer from crimes committed by SRFJ / SRJ.

I think Albanians should decide which way the wind blows.

So, Mr. Adrian Gashi, if you really want to join the European institutions of co-operation (either as an independent nation state or as an autonomous self-governing district of Serbia, it doesn't matter) you must leave behind your pre-historic mind set and stop writing as you did: "From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire".

I think you have no what so ever understanding of modern legal thinking.

I tell you this in order to help you. You will not be taken seriously if you don't change.

And I must say that your Serbian opponents have a lot to learn, too.

Jovan

pre 16 godina

I just wanted to underline a point that is really strange...

how is it possible at all, that those Albanians posting here, are making the same mistakes on and on.

I mean, how many times must there be explained to the Albanians that Serbia is the legal successor of the SFRJ, the SRJ and finally Serbia/Montenegro or SCG in short...

how may times does it have to be repeated until the Albanians finally get it???

it simply doesn´t matter that there is no mentioning of Serbia in the constitutions or other legal documents of the former Yugoslavia...

can you finally stop writing always the same nonsense? instead of reading some albanian yellow-press, you should rather stick to some serious books... and I do not mean propaganda pamphlets like Mr.Malcolms


it´s really embarrassing how low the level ( in regard to common, basic knowledge in regard to the issue ) of some commentors here is!

Victor

pre 16 godina

«The preservation of Kosovo and Republic of Srpska (RS) were the "top-priority goals of our country and our national policy.»

This statement shows how radical is Kostunica. He does not add to his priorities the arrest of Mladic, but the preservation of the RS where so many Muslim Bosniaks have been arrested, tortured and killed... Where the ethnic cleansing has been ferocious. In his top priorities, not a word about justice to the victims of the Serb aggression in Bosnia.

Adrian Gashi

pre 16 godina

Olli: "Neither Yugoslavia nor Serbia signed the agreement presented in Rambouillet. Therefore no accord exist. Rambouillet is a failed plan, idea -nothing more."

Ok, So "Rambouillet Accord" doesn't exist, yet it is referred to by the Res 1244 of the UNSC. Yugoslavia doesn't exist also as a country or a member of the UN, but it is also referred to in the Res 1244. I wonder what 1244 is good for with so many inconsistencies and historically outdated references.

Now on the other hand, Serbia that claims sovereignty over Kosova under 1244, is not referred to by 1244, not one single time. Serbia claims a transfer of sovereignty, under some unknown clause for some unknown reason. There has been no UNSC resolution to update 1244 and/or transfer sovereignty over Kosova from Yugoslavia to Serbia. 1244 makes no provision for the transfer of soverignty, either implicit or explicit, automatic or not, in case Yugoslavia ceased to exist. From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire. Both are outdated and invalid and do not correspond to the present realities. In fact, since Yugoslavia's death, no one has anymore sovereignty over Kosova. Serbia makes a claim on 1244, since it is on her interests, but Kosova is as much within her right to refute such a claim.

Olli

pre 16 godina

Dear EA,

I'm sorry that I addressed my recent comment to you as I meant it to Asim. I think I did the mistake remembering that I have earlier commented your views. I wish you didn't mind, as "any publicity is good publicity". ;)

Olli

pre 16 godina

Well, EA

Let's see your cards.

1. EA: "You can read resolution 1244 the way you like to but it never refers to
Serbia but always refers to Federal Republic of Yugoslavia, which is gone forever."

So, in your opinion, 1244 doesn't bind Serbia. Serbia is free of all terms and conditions set in 1244. Serbia is free for example to move its army troups to Kosovo, and doing so Serbia will not violate the 1244 agreement.

All clear here. But a surprising point of view, coming from a Kosovo Albanian.

2. EA: "It also often refers to the Rambouillet Accord."

I have spent a lot of time trying to find the "Rambouillet Accord". But as it doesn't exist, my search was useless, in fact idiotic. Yes, there is no "Rambouillet Accord".

The word "accord" stands for "treaty": a written agreement between two or more parties involved, are they then states or sovereigns or other involved sides.

Neither Yugoslavia nor Serbia signed the agreement presented in Rambouillet. Therefore no accord exist. Rambouillet is a failed plan, idea -nothing more.

3. EA: "What does the Rambouillet Accord say?"

O.K. Let's play for a moment that an accord exists and read what the Select Committee on Foreign Affairs of the parliament of the UK says about it:

"In fact the Rambouillet Accords did not offer a binding referendum on independence [...] The language was carefully chosen to leave open the possibility of a referendum without committing the international community to one.[...] It is therefore clear that there was no commitment made by the United Kingdom-French co-chairs to a binding referendum on independence for Kosovo."

Although being a formulation and language by a political body of the UK, it is fairly easy to understand the statement.

Or isn't it, EA?

7GJ2W3Y

pre 16 godina

EA said:
"Koshtunica needs to a bit more patient until the 10th of December."

PM Kostunica is assuring investors to keep investing by reminding people that there are global resolutions in place with global and regional armies enforcing the resolution and accord, at most times.

Now investors can question or take pride in their nation's part in these resolutions and/or peace accords. There are many who can take pride in their nation's soldiers who have performed their by-the-book duty, as opposed to the officers and politicians who have put them in harms way because of not obiding by mutually agreed upon international laws, making themselves internationals criminals.

Philip Davies

pre 16 godina

Asim, Serbia is the successor state to the Federal Republic of Yugoslavia.

The Helsinki Final Act could be considered contradictory

http://www1.umn.edu/humanrts/osce/basics/finact75.htm

But as there is already a country for Albanians (unlike there is for Kurds and Basques for example) it isn't a particularly strong area for the Albanians of Kosovo.

Olf

pre 16 godina

Looks like MR. Kostunica is carrying on with his electoral campaign but now involving B-Serbs as well in order to get their votes.

Mr. Kostunica, there cannot be many top priorities, it can only be one top priority and people of Serbia have voted for Kosova to be the 5th priority .
Spreading the destabilization to Bosnia is not what the region needs. B-Serbs will not trust again Serbian politicians since they deceived them during the war into which they were pushed by then Serbian politicians. I am not familiar with the Dayton accord but all I can say the opening the Bosnian issue is very dangerous. If Bosnian issue is to open I think that the biggest losers after the B-Serbs are going to be Serbs in Serbia also this will be a violation of the International law, law that Serbia is so much in favour.

Nietzsche

pre 16 godina

Kostunica should wait until Dec 10- once Kosova declares independence he can start suport for unification with RS. By being premature he risks loosing both fronts.

nikshala

pre 16 godina

The only time I've seen this guy smile on a photo, was when he was holding that AK-47 during the Kosovo war! It must have been a happy moment for him, aawww!

EA

pre 16 godina

Zeka,

This is a free gift for you.

After Tito's death on 4 May 1980, ethnic tensions grew in Yugoslavia. The legacy of the Constitution of 1974 was used to throw the system of decision-making into a state of paralysis, made all the more hopeless as the conflict of interests had become irreconcilable. The constitutional crisis that inevitably followed resulted in a rise of nationalism in all republics: Slovenia and Croatia made demands for looser ties within the Federation, the Albanian majority in Kosovo demanded the status of a republic, SERBIA SOUGHT ABSOLUTE, NOT RELATIVE DOMINION OVER YUGOSLAVIA. Added to this, the Croat quest for independence led to large Serb communities within Croatia rebelling and trying to secede from the Croat republic.

In 1986, the Serbian Academy of Sciences and Arts drafted a memorandum addressing some burning issues concerning position of Serbs as the most numerous people in Yugoslavia. The largest Yugoslav republic in territory and population, Serbia's influence over the REGIONS OF KOSOVA AND VOJVODINA WAS REDUCED BY THE 1974 CONSTITUTION. Because its two autonomous provinces HAD DE FACTO THE PREROGATIVE of full-fledged republics, Serbia found that its hands were tied, for the republican government was restricted in making and carrying out decisions that would apply to the provinces. Since the provinces had a vote in the Federal Presidency Council (an eight member council composed of representatives from six republics and two autonomous provinces), they sometimes even entered into coalition with other republics, thus outvoting Serbia. Serbia's political IMPOTANCE made it possible for others to exert pressure on the 2 million Serbs (20% of total Serbian population) living outside Serbia.


Slobodan MiloševićSerbian communist leader Slobodan Milošević sought to restore pre-1974 Serbian sovereignty. Other republics, especially Slovenia and Croatia, denounced this move as a revival of great Serbian hegemonism. Milošević succeeded in reducing the autonomy of Vojvodina and of Kosovo and Metohija, but both entities retained a vote in the Yugoslav Presidency Council.
I do not see any difference between Slobodan Milloshevic and Kostunica and Tomislav.

Zeka

pre 16 godina

EA- your understanding, in my view, of the former Yugoslavia is limited to say the least. I suggest you stick to something you know about. Cheers.

Asim

pre 16 godina

Mr. Kostunica is stressing on the resolution 1244.
Has he read it carefully? I doubt it.
You can read resolution 1244 the way you like to but it never refers to
Serbia but always refers to Federal Republic of Yugoslavia, which is gone forever.

It also often refers to the Rambouillet Accord.

What does the Rambouillet Accord say?

Read it down below.
“A MECHANISM FOR FINAL SETTLEMENT
Three years after entry into force of the Accords, an international meeting will be convened to determine a mechanism for a final settlement for Kosovo, on the basis of the will of the people, opinions of relevant authorities, each party's efforts regarding the implementation of the Accords, and the Helsinki Final Act.”
I say:
The people of Kosova have the right to decide if they want independence or not. To tell you the truth, Serbian army, police and paramilitary forces have helped them in making that decision.
Independence and respect for the other ethnicities. They do not want others to go through what they’ve been through.

EA

pre 16 godina

Koshtunica needs to a bit more patient until the 10th of December. The scaremongering policies won't work anymore. We all know what his spiritual leader Slobodan Milosevic did to stop the break up of Yugosllavia. Now it is left? Koshtunica and Tomislav whose merit is to speeding up the process of Kosova's full independence.

bülow

pre 16 godina

if he would rather support the Dayton Peace Accord than dodik...

...and thereby fullfilling the obligations that serbia signed on to (as yugoslavia), it would ease the situation significantly

EA

pre 16 godina

Koshtunica needs to a bit more patient until the 10th of December. The scaremongering policies won't work anymore. We all know what his spiritual leader Slobodan Milosevic did to stop the break up of Yugosllavia. Now it is left? Koshtunica and Tomislav whose merit is to speeding up the process of Kosova's full independence.

Asim

pre 16 godina

Mr. Kostunica is stressing on the resolution 1244.
Has he read it carefully? I doubt it.
You can read resolution 1244 the way you like to but it never refers to
Serbia but always refers to Federal Republic of Yugoslavia, which is gone forever.

It also often refers to the Rambouillet Accord.

What does the Rambouillet Accord say?

Read it down below.
“A MECHANISM FOR FINAL SETTLEMENT
Three years after entry into force of the Accords, an international meeting will be convened to determine a mechanism for a final settlement for Kosovo, on the basis of the will of the people, opinions of relevant authorities, each party's efforts regarding the implementation of the Accords, and the Helsinki Final Act.”
I say:
The people of Kosova have the right to decide if they want independence or not. To tell you the truth, Serbian army, police and paramilitary forces have helped them in making that decision.
Independence and respect for the other ethnicities. They do not want others to go through what they’ve been through.

nikshala

pre 16 godina

The only time I've seen this guy smile on a photo, was when he was holding that AK-47 during the Kosovo war! It must have been a happy moment for him, aawww!

Zeka

pre 16 godina

EA- your understanding, in my view, of the former Yugoslavia is limited to say the least. I suggest you stick to something you know about. Cheers.

EA

pre 16 godina

Zeka,

This is a free gift for you.

After Tito's death on 4 May 1980, ethnic tensions grew in Yugoslavia. The legacy of the Constitution of 1974 was used to throw the system of decision-making into a state of paralysis, made all the more hopeless as the conflict of interests had become irreconcilable. The constitutional crisis that inevitably followed resulted in a rise of nationalism in all republics: Slovenia and Croatia made demands for looser ties within the Federation, the Albanian majority in Kosovo demanded the status of a republic, SERBIA SOUGHT ABSOLUTE, NOT RELATIVE DOMINION OVER YUGOSLAVIA. Added to this, the Croat quest for independence led to large Serb communities within Croatia rebelling and trying to secede from the Croat republic.

In 1986, the Serbian Academy of Sciences and Arts drafted a memorandum addressing some burning issues concerning position of Serbs as the most numerous people in Yugoslavia. The largest Yugoslav republic in territory and population, Serbia's influence over the REGIONS OF KOSOVA AND VOJVODINA WAS REDUCED BY THE 1974 CONSTITUTION. Because its two autonomous provinces HAD DE FACTO THE PREROGATIVE of full-fledged republics, Serbia found that its hands were tied, for the republican government was restricted in making and carrying out decisions that would apply to the provinces. Since the provinces had a vote in the Federal Presidency Council (an eight member council composed of representatives from six republics and two autonomous provinces), they sometimes even entered into coalition with other republics, thus outvoting Serbia. Serbia's political IMPOTANCE made it possible for others to exert pressure on the 2 million Serbs (20% of total Serbian population) living outside Serbia.


Slobodan MiloševićSerbian communist leader Slobodan Milošević sought to restore pre-1974 Serbian sovereignty. Other republics, especially Slovenia and Croatia, denounced this move as a revival of great Serbian hegemonism. Milošević succeeded in reducing the autonomy of Vojvodina and of Kosovo and Metohija, but both entities retained a vote in the Yugoslav Presidency Council.
I do not see any difference between Slobodan Milloshevic and Kostunica and Tomislav.

Philip Davies

pre 16 godina

Asim, Serbia is the successor state to the Federal Republic of Yugoslavia.

The Helsinki Final Act could be considered contradictory

http://www1.umn.edu/humanrts/osce/basics/finact75.htm

But as there is already a country for Albanians (unlike there is for Kurds and Basques for example) it isn't a particularly strong area for the Albanians of Kosovo.

Jovan

pre 16 godina

I just wanted to underline a point that is really strange...

how is it possible at all, that those Albanians posting here, are making the same mistakes on and on.

I mean, how many times must there be explained to the Albanians that Serbia is the legal successor of the SFRJ, the SRJ and finally Serbia/Montenegro or SCG in short...

how may times does it have to be repeated until the Albanians finally get it???

it simply doesn´t matter that there is no mentioning of Serbia in the constitutions or other legal documents of the former Yugoslavia...

can you finally stop writing always the same nonsense? instead of reading some albanian yellow-press, you should rather stick to some serious books... and I do not mean propaganda pamphlets like Mr.Malcolms


it´s really embarrassing how low the level ( in regard to common, basic knowledge in regard to the issue ) of some commentors here is!

Nietzsche

pre 16 godina

Kostunica should wait until Dec 10- once Kosova declares independence he can start suport for unification with RS. By being premature he risks loosing both fronts.

Olf

pre 16 godina

Looks like MR. Kostunica is carrying on with his electoral campaign but now involving B-Serbs as well in order to get their votes.

Mr. Kostunica, there cannot be many top priorities, it can only be one top priority and people of Serbia have voted for Kosova to be the 5th priority .
Spreading the destabilization to Bosnia is not what the region needs. B-Serbs will not trust again Serbian politicians since they deceived them during the war into which they were pushed by then Serbian politicians. I am not familiar with the Dayton accord but all I can say the opening the Bosnian issue is very dangerous. If Bosnian issue is to open I think that the biggest losers after the B-Serbs are going to be Serbs in Serbia also this will be a violation of the International law, law that Serbia is so much in favour.

Olli

pre 16 godina

Well, EA

Let's see your cards.

1. EA: "You can read resolution 1244 the way you like to but it never refers to
Serbia but always refers to Federal Republic of Yugoslavia, which is gone forever."

So, in your opinion, 1244 doesn't bind Serbia. Serbia is free of all terms and conditions set in 1244. Serbia is free for example to move its army troups to Kosovo, and doing so Serbia will not violate the 1244 agreement.

All clear here. But a surprising point of view, coming from a Kosovo Albanian.

2. EA: "It also often refers to the Rambouillet Accord."

I have spent a lot of time trying to find the "Rambouillet Accord". But as it doesn't exist, my search was useless, in fact idiotic. Yes, there is no "Rambouillet Accord".

The word "accord" stands for "treaty": a written agreement between two or more parties involved, are they then states or sovereigns or other involved sides.

Neither Yugoslavia nor Serbia signed the agreement presented in Rambouillet. Therefore no accord exist. Rambouillet is a failed plan, idea -nothing more.

3. EA: "What does the Rambouillet Accord say?"

O.K. Let's play for a moment that an accord exists and read what the Select Committee on Foreign Affairs of the parliament of the UK says about it:

"In fact the Rambouillet Accords did not offer a binding referendum on independence [...] The language was carefully chosen to leave open the possibility of a referendum without committing the international community to one.[...] It is therefore clear that there was no commitment made by the United Kingdom-French co-chairs to a binding referendum on independence for Kosovo."

Although being a formulation and language by a political body of the UK, it is fairly easy to understand the statement.

Or isn't it, EA?

Victor

pre 16 godina

«The preservation of Kosovo and Republic of Srpska (RS) were the "top-priority goals of our country and our national policy.»

This statement shows how radical is Kostunica. He does not add to his priorities the arrest of Mladic, but the preservation of the RS where so many Muslim Bosniaks have been arrested, tortured and killed... Where the ethnic cleansing has been ferocious. In his top priorities, not a word about justice to the victims of the Serb aggression in Bosnia.

bülow

pre 16 godina

if he would rather support the Dayton Peace Accord than dodik...

...and thereby fullfilling the obligations that serbia signed on to (as yugoslavia), it would ease the situation significantly

7GJ2W3Y

pre 16 godina

EA said:
"Koshtunica needs to a bit more patient until the 10th of December."

PM Kostunica is assuring investors to keep investing by reminding people that there are global resolutions in place with global and regional armies enforcing the resolution and accord, at most times.

Now investors can question or take pride in their nation's part in these resolutions and/or peace accords. There are many who can take pride in their nation's soldiers who have performed their by-the-book duty, as opposed to the officers and politicians who have put them in harms way because of not obiding by mutually agreed upon international laws, making themselves internationals criminals.

Adrian Gashi

pre 16 godina

Olli: "Neither Yugoslavia nor Serbia signed the agreement presented in Rambouillet. Therefore no accord exist. Rambouillet is a failed plan, idea -nothing more."

Ok, So "Rambouillet Accord" doesn't exist, yet it is referred to by the Res 1244 of the UNSC. Yugoslavia doesn't exist also as a country or a member of the UN, but it is also referred to in the Res 1244. I wonder what 1244 is good for with so many inconsistencies and historically outdated references.

Now on the other hand, Serbia that claims sovereignty over Kosova under 1244, is not referred to by 1244, not one single time. Serbia claims a transfer of sovereignty, under some unknown clause for some unknown reason. There has been no UNSC resolution to update 1244 and/or transfer sovereignty over Kosova from Yugoslavia to Serbia. 1244 makes no provision for the transfer of soverignty, either implicit or explicit, automatic or not, in case Yugoslavia ceased to exist. From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire. Both are outdated and invalid and do not correspond to the present realities. In fact, since Yugoslavia's death, no one has anymore sovereignty over Kosova. Serbia makes a claim on 1244, since it is on her interests, but Kosova is as much within her right to refute such a claim.

EA

pre 16 godina

Jovan,
"it simply Doesn't matter that there is no mentioning of Serbia in the constitutions or other legal documents of the former Yugoslavia...
If it "doesn't matter" for you it MATTERS for the Kosovar Albanians. Fortunately of unfortunately for you Serbia started a war and lost it. When are you going to get it? You have until the 10th of December 2007 to get it. If not everyone will get worried about you and people thinking like you.

lowe

pre 16 godina

"Now on the other hand, Serbia that claims sovereignty over Kosova under 1244, is not referred to by 1244, not one single time. Serbia claims a transfer of sovereignty, under some unknown clause for some unknown reason. There has been no UNSC resolution to update 1244 and/or transfer sovereignty over Kosova from Yugoslavia to Serbia. 1244 makes no provision for the transfer of soverignty, either implicit or explicit, automatic or not, in case Yugoslavia ceased to exist. From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire. Both are outdated and invalid and do not correspond to the present realities. In fact, since Yugoslavia's death, no one has anymore sovereignty over Kosova. Serbia makes a claim on 1244, since it is on her interests, but Kosova is as much within her right to refute such a claim.
(Adrian Gashi, 25. October 2007 21:37)"

Adrian Gashi

Let me enlighten you. 1244's Yugoslavia refers to Serbia and Montenegro. When Montenegro declared independence, Serbia became the successor state to this Yugoslavia (renamed Union of Serbia and Montenegro). That is why Montenegro had to apply for UN membership but Serbia need not do so. Because Serbia inherited the UN seat of the former union. So from UN standpoint, 1244 now must refer to Serbia as the successor state.

Olli

pre 16 godina

Dear EA,

I'm sorry that I addressed my recent comment to you as I meant it to Asim. I think I did the mistake remembering that I have earlier commented your views. I wish you didn't mind, as "any publicity is good publicity". ;)

Slavko

pre 16 godina

Looks like Mr. Kostunica has his priorities straight. In order to achieve his objectives before all is lost,
he must, and I mean he must, either join the radicals or, have a no confidence vote and hold another election. There is no other option as Tadic does not hold the same opinion. Serbia should look eastward, the prosperity now is in India, China, Russia, Brazil, and other non European countries. Let's join the Russians and even become a confederation if we have to, as long as our beloved country remains intact, as opposed to joining the EU minus Kosovo, Vojvodina, Southern Serbia, etc.. Think about it, the EU and Nato is not worth it!!! The Radicals are on the mark!!

Brazilian Guy

pre 16 godina

The fact is that Kostunica has NO SAY in the sovereign nation-state of BOSNIA, which is NOT SERBIA.

Kostunica is just the premier of Serbia, not the leader of the Serb Orthodox followers in former Yugoslavia.

And let’s look at the map. It’s impossible to link contigously RS to Serbia in the way the territory of the entity is configurated today. What would RS do with Brcko District and the Posavina Canton? Annex them by force? Make again a blood-soaked “ethnic cleansing” to achieve its aims?

To make RS join Serbia is to disrespect the memories of those killed in Omarska, raped in Goradze and massacred in Srebrenica.

Olli

pre 16 godina

EA,

You say: "Fortunately of unfortunately for you Serbia started a war and lost it."

Could you tell me which war you talk about?

Olli

pre 16 godina

I must agree with Jovan about what he writes about Kosovo Albanians seemingly not understanding a key legal procedure here: Serbia is the legal successor of the SFRJ, the SRJ and finally Serbia/Montenegro or SCG, in short.

It truly looks like a mind-boggling matter to comprehend. But why?

On the other hand, they do in fact accept that Serbia is the successor of Yugoslavia. That is obvious since they consider Serbia to answer from crimes committed by SRFJ / SRJ.

I think Albanians should decide which way the wind blows.

So, Mr. Adrian Gashi, if you really want to join the European institutions of co-operation (either as an independent nation state or as an autonomous self-governing district of Serbia, it doesn't matter) you must leave behind your pre-historic mind set and stop writing as you did: "From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire".

I think you have no what so ever understanding of modern legal thinking.

I tell you this in order to help you. You will not be taken seriously if you don't change.

And I must say that your Serbian opponents have a lot to learn, too.

Adrian Gashi

pre 16 godina

It would be better if the Serb posters here deal with the issues and arguments being discussed rather than engage in personal attacks and insults and analyze my "pre-historic mindset". Because generally if someone has to go that low it means that he's ran out of arguments.

As for my arguments on this issue, please read Oct 26th posts.

Jovan

pre 16 godina

"If it "doesn't matter" for you it MATTERS for the Kosovar Albanians. Fortunately of unfortunately for you Serbia started a war and lost it."
written by "EA"


dear EA,

the only difference is, nobody really cares what the Albanians think about that, since it is a simple, LEGAL fact.

whether you may like it or not. it simply doesn´t matter, even if you write a thousand times that it matters for you.

a fact doesn´t depend on the albanian or serbian view upon it. it is just and simply a fact, and stands independently without any disturbance from any "viewer"... hope you can understand what I am trying to explain to you!

you should get a little bit more serious, I guess.

if it DEFINITELY doesn´t matter, that means it doesn´t matter at all.

denying that only in order to write something, to "be against something" doesn´t let you look very good on this.

and as a sidenote: Serbia did not start the war in Kosovo, it was the albanian extremists who started the whole mess... remember? killing albanian postmen, killing serbian policemen, ...that was the Albanians, don´t try to distract from the truth that in nobody denying except you.

or do you wanna tell us that the serbian army wanted to internationalize the conflict by attacking you without a reason?

that´s just so nonserious...

Brazilian Guy

pre 16 godina

“and as a sidenote: Serbia did not start the war in Kosovo, it was the albanian extremists who started the whole mess... remember?”

That’s what Milosevic-controlled media has told… and sadly many people still believe it.

EA

pre 16 godina

Koshtunica needs to a bit more patient until the 10th of December. The scaremongering policies won't work anymore. We all know what his spiritual leader Slobodan Milosevic did to stop the break up of Yugosllavia. Now it is left? Koshtunica and Tomislav whose merit is to speeding up the process of Kosova's full independence.

Asim

pre 16 godina

Mr. Kostunica is stressing on the resolution 1244.
Has he read it carefully? I doubt it.
You can read resolution 1244 the way you like to but it never refers to
Serbia but always refers to Federal Republic of Yugoslavia, which is gone forever.

It also often refers to the Rambouillet Accord.

What does the Rambouillet Accord say?

Read it down below.
“A MECHANISM FOR FINAL SETTLEMENT
Three years after entry into force of the Accords, an international meeting will be convened to determine a mechanism for a final settlement for Kosovo, on the basis of the will of the people, opinions of relevant authorities, each party's efforts regarding the implementation of the Accords, and the Helsinki Final Act.”
I say:
The people of Kosova have the right to decide if they want independence or not. To tell you the truth, Serbian army, police and paramilitary forces have helped them in making that decision.
Independence and respect for the other ethnicities. They do not want others to go through what they’ve been through.

EA

pre 16 godina

Zeka,

This is a free gift for you.

After Tito's death on 4 May 1980, ethnic tensions grew in Yugoslavia. The legacy of the Constitution of 1974 was used to throw the system of decision-making into a state of paralysis, made all the more hopeless as the conflict of interests had become irreconcilable. The constitutional crisis that inevitably followed resulted in a rise of nationalism in all republics: Slovenia and Croatia made demands for looser ties within the Federation, the Albanian majority in Kosovo demanded the status of a republic, SERBIA SOUGHT ABSOLUTE, NOT RELATIVE DOMINION OVER YUGOSLAVIA. Added to this, the Croat quest for independence led to large Serb communities within Croatia rebelling and trying to secede from the Croat republic.

In 1986, the Serbian Academy of Sciences and Arts drafted a memorandum addressing some burning issues concerning position of Serbs as the most numerous people in Yugoslavia. The largest Yugoslav republic in territory and population, Serbia's influence over the REGIONS OF KOSOVA AND VOJVODINA WAS REDUCED BY THE 1974 CONSTITUTION. Because its two autonomous provinces HAD DE FACTO THE PREROGATIVE of full-fledged republics, Serbia found that its hands were tied, for the republican government was restricted in making and carrying out decisions that would apply to the provinces. Since the provinces had a vote in the Federal Presidency Council (an eight member council composed of representatives from six republics and two autonomous provinces), they sometimes even entered into coalition with other republics, thus outvoting Serbia. Serbia's political IMPOTANCE made it possible for others to exert pressure on the 2 million Serbs (20% of total Serbian population) living outside Serbia.


Slobodan MiloševićSerbian communist leader Slobodan Milošević sought to restore pre-1974 Serbian sovereignty. Other republics, especially Slovenia and Croatia, denounced this move as a revival of great Serbian hegemonism. Milošević succeeded in reducing the autonomy of Vojvodina and of Kosovo and Metohija, but both entities retained a vote in the Yugoslav Presidency Council.
I do not see any difference between Slobodan Milloshevic and Kostunica and Tomislav.

Olf

pre 16 godina

Looks like MR. Kostunica is carrying on with his electoral campaign but now involving B-Serbs as well in order to get their votes.

Mr. Kostunica, there cannot be many top priorities, it can only be one top priority and people of Serbia have voted for Kosova to be the 5th priority .
Spreading the destabilization to Bosnia is not what the region needs. B-Serbs will not trust again Serbian politicians since they deceived them during the war into which they were pushed by then Serbian politicians. I am not familiar with the Dayton accord but all I can say the opening the Bosnian issue is very dangerous. If Bosnian issue is to open I think that the biggest losers after the B-Serbs are going to be Serbs in Serbia also this will be a violation of the International law, law that Serbia is so much in favour.

Victor

pre 16 godina

«The preservation of Kosovo and Republic of Srpska (RS) were the "top-priority goals of our country and our national policy.»

This statement shows how radical is Kostunica. He does not add to his priorities the arrest of Mladic, but the preservation of the RS where so many Muslim Bosniaks have been arrested, tortured and killed... Where the ethnic cleansing has been ferocious. In his top priorities, not a word about justice to the victims of the Serb aggression in Bosnia.

nikshala

pre 16 godina

The only time I've seen this guy smile on a photo, was when he was holding that AK-47 during the Kosovo war! It must have been a happy moment for him, aawww!

Nietzsche

pre 16 godina

Kostunica should wait until Dec 10- once Kosova declares independence he can start suport for unification with RS. By being premature he risks loosing both fronts.

Olli

pre 16 godina

Well, EA

Let's see your cards.

1. EA: "You can read resolution 1244 the way you like to but it never refers to
Serbia but always refers to Federal Republic of Yugoslavia, which is gone forever."

So, in your opinion, 1244 doesn't bind Serbia. Serbia is free of all terms and conditions set in 1244. Serbia is free for example to move its army troups to Kosovo, and doing so Serbia will not violate the 1244 agreement.

All clear here. But a surprising point of view, coming from a Kosovo Albanian.

2. EA: "It also often refers to the Rambouillet Accord."

I have spent a lot of time trying to find the "Rambouillet Accord". But as it doesn't exist, my search was useless, in fact idiotic. Yes, there is no "Rambouillet Accord".

The word "accord" stands for "treaty": a written agreement between two or more parties involved, are they then states or sovereigns or other involved sides.

Neither Yugoslavia nor Serbia signed the agreement presented in Rambouillet. Therefore no accord exist. Rambouillet is a failed plan, idea -nothing more.

3. EA: "What does the Rambouillet Accord say?"

O.K. Let's play for a moment that an accord exists and read what the Select Committee on Foreign Affairs of the parliament of the UK says about it:

"In fact the Rambouillet Accords did not offer a binding referendum on independence [...] The language was carefully chosen to leave open the possibility of a referendum without committing the international community to one.[...] It is therefore clear that there was no commitment made by the United Kingdom-French co-chairs to a binding referendum on independence for Kosovo."

Although being a formulation and language by a political body of the UK, it is fairly easy to understand the statement.

Or isn't it, EA?

Olli

pre 16 godina

Dear EA,

I'm sorry that I addressed my recent comment to you as I meant it to Asim. I think I did the mistake remembering that I have earlier commented your views. I wish you didn't mind, as "any publicity is good publicity". ;)

Adrian Gashi

pre 16 godina

Olli: "Neither Yugoslavia nor Serbia signed the agreement presented in Rambouillet. Therefore no accord exist. Rambouillet is a failed plan, idea -nothing more."

Ok, So "Rambouillet Accord" doesn't exist, yet it is referred to by the Res 1244 of the UNSC. Yugoslavia doesn't exist also as a country or a member of the UN, but it is also referred to in the Res 1244. I wonder what 1244 is good for with so many inconsistencies and historically outdated references.

Now on the other hand, Serbia that claims sovereignty over Kosova under 1244, is not referred to by 1244, not one single time. Serbia claims a transfer of sovereignty, under some unknown clause for some unknown reason. There has been no UNSC resolution to update 1244 and/or transfer sovereignty over Kosova from Yugoslavia to Serbia. 1244 makes no provision for the transfer of soverignty, either implicit or explicit, automatic or not, in case Yugoslavia ceased to exist. From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire. Both are outdated and invalid and do not correspond to the present realities. In fact, since Yugoslavia's death, no one has anymore sovereignty over Kosova. Serbia makes a claim on 1244, since it is on her interests, but Kosova is as much within her right to refute such a claim.

bülow

pre 16 godina

if he would rather support the Dayton Peace Accord than dodik...

...and thereby fullfilling the obligations that serbia signed on to (as yugoslavia), it would ease the situation significantly

Jovan

pre 16 godina

I just wanted to underline a point that is really strange...

how is it possible at all, that those Albanians posting here, are making the same mistakes on and on.

I mean, how many times must there be explained to the Albanians that Serbia is the legal successor of the SFRJ, the SRJ and finally Serbia/Montenegro or SCG in short...

how may times does it have to be repeated until the Albanians finally get it???

it simply doesn´t matter that there is no mentioning of Serbia in the constitutions or other legal documents of the former Yugoslavia...

can you finally stop writing always the same nonsense? instead of reading some albanian yellow-press, you should rather stick to some serious books... and I do not mean propaganda pamphlets like Mr.Malcolms


it´s really embarrassing how low the level ( in regard to common, basic knowledge in regard to the issue ) of some commentors here is!

EA

pre 16 godina

Jovan,
"it simply Doesn't matter that there is no mentioning of Serbia in the constitutions or other legal documents of the former Yugoslavia...
If it "doesn't matter" for you it MATTERS for the Kosovar Albanians. Fortunately of unfortunately for you Serbia started a war and lost it. When are you going to get it? You have until the 10th of December 2007 to get it. If not everyone will get worried about you and people thinking like you.

Zeka

pre 16 godina

EA- your understanding, in my view, of the former Yugoslavia is limited to say the least. I suggest you stick to something you know about. Cheers.

Philip Davies

pre 16 godina

Asim, Serbia is the successor state to the Federal Republic of Yugoslavia.

The Helsinki Final Act could be considered contradictory

http://www1.umn.edu/humanrts/osce/basics/finact75.htm

But as there is already a country for Albanians (unlike there is for Kurds and Basques for example) it isn't a particularly strong area for the Albanians of Kosovo.

Olli

pre 16 godina

I must agree with Jovan about what he writes about Kosovo Albanians seemingly not understanding a key legal procedure here: Serbia is the legal successor of the SFRJ, the SRJ and finally Serbia/Montenegro or SCG, in short.

It truly looks like a mind-boggling matter to comprehend. But why?

On the other hand, they do in fact accept that Serbia is the successor of Yugoslavia. That is obvious since they consider Serbia to answer from crimes committed by SRFJ / SRJ.

I think Albanians should decide which way the wind blows.

So, Mr. Adrian Gashi, if you really want to join the European institutions of co-operation (either as an independent nation state or as an autonomous self-governing district of Serbia, it doesn't matter) you must leave behind your pre-historic mind set and stop writing as you did: "From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire".

I think you have no what so ever understanding of modern legal thinking.

I tell you this in order to help you. You will not be taken seriously if you don't change.

And I must say that your Serbian opponents have a lot to learn, too.

Brazilian Guy

pre 16 godina

The fact is that Kostunica has NO SAY in the sovereign nation-state of BOSNIA, which is NOT SERBIA.

Kostunica is just the premier of Serbia, not the leader of the Serb Orthodox followers in former Yugoslavia.

And let’s look at the map. It’s impossible to link contigously RS to Serbia in the way the territory of the entity is configurated today. What would RS do with Brcko District and the Posavina Canton? Annex them by force? Make again a blood-soaked “ethnic cleansing” to achieve its aims?

To make RS join Serbia is to disrespect the memories of those killed in Omarska, raped in Goradze and massacred in Srebrenica.

7GJ2W3Y

pre 16 godina

EA said:
"Koshtunica needs to a bit more patient until the 10th of December."

PM Kostunica is assuring investors to keep investing by reminding people that there are global resolutions in place with global and regional armies enforcing the resolution and accord, at most times.

Now investors can question or take pride in their nation's part in these resolutions and/or peace accords. There are many who can take pride in their nation's soldiers who have performed their by-the-book duty, as opposed to the officers and politicians who have put them in harms way because of not obiding by mutually agreed upon international laws, making themselves internationals criminals.

Slavko

pre 16 godina

Looks like Mr. Kostunica has his priorities straight. In order to achieve his objectives before all is lost,
he must, and I mean he must, either join the radicals or, have a no confidence vote and hold another election. There is no other option as Tadic does not hold the same opinion. Serbia should look eastward, the prosperity now is in India, China, Russia, Brazil, and other non European countries. Let's join the Russians and even become a confederation if we have to, as long as our beloved country remains intact, as opposed to joining the EU minus Kosovo, Vojvodina, Southern Serbia, etc.. Think about it, the EU and Nato is not worth it!!! The Radicals are on the mark!!

lowe

pre 16 godina

"Now on the other hand, Serbia that claims sovereignty over Kosova under 1244, is not referred to by 1244, not one single time. Serbia claims a transfer of sovereignty, under some unknown clause for some unknown reason. There has been no UNSC resolution to update 1244 and/or transfer sovereignty over Kosova from Yugoslavia to Serbia. 1244 makes no provision for the transfer of soverignty, either implicit or explicit, automatic or not, in case Yugoslavia ceased to exist. From the legal point of view, Res 1244, assigning Yugoslav sovreignty over Kosova is about as valid as a treaty binding Serbia to the Ottoman Empire. Both are outdated and invalid and do not correspond to the present realities. In fact, since Yugoslavia's death, no one has anymore sovereignty over Kosova. Serbia makes a claim on 1244, since it is on her interests, but Kosova is as much within her right to refute such a claim.
(Adrian Gashi, 25. October 2007 21:37)"

Adrian Gashi

Let me enlighten you. 1244's Yugoslavia refers to Serbia and Montenegro. When Montenegro declared independence, Serbia became the successor state to this Yugoslavia (renamed Union of Serbia and Montenegro). That is why Montenegro had to apply for UN membership but Serbia need not do so. Because Serbia inherited the UN seat of the former union. So from UN standpoint, 1244 now must refer to Serbia as the successor state.

Olli

pre 16 godina

EA,

You say: "Fortunately of unfortunately for you Serbia started a war and lost it."

Could you tell me which war you talk about?

Adrian Gashi

pre 16 godina

It would be better if the Serb posters here deal with the issues and arguments being discussed rather than engage in personal attacks and insults and analyze my "pre-historic mindset". Because generally if someone has to go that low it means that he's ran out of arguments.

As for my arguments on this issue, please read Oct 26th posts.

Jovan

pre 16 godina

"If it "doesn't matter" for you it MATTERS for the Kosovar Albanians. Fortunately of unfortunately for you Serbia started a war and lost it."
written by "EA"


dear EA,

the only difference is, nobody really cares what the Albanians think about that, since it is a simple, LEGAL fact.

whether you may like it or not. it simply doesn´t matter, even if you write a thousand times that it matters for you.

a fact doesn´t depend on the albanian or serbian view upon it. it is just and simply a fact, and stands independently without any disturbance from any "viewer"... hope you can understand what I am trying to explain to you!

you should get a little bit more serious, I guess.

if it DEFINITELY doesn´t matter, that means it doesn´t matter at all.

denying that only in order to write something, to "be against something" doesn´t let you look very good on this.

and as a sidenote: Serbia did not start the war in Kosovo, it was the albanian extremists who started the whole mess... remember? killing albanian postmen, killing serbian policemen, ...that was the Albanians, don´t try to distract from the truth that in nobody denying except you.

or do you wanna tell us that the serbian army wanted to internationalize the conflict by attacking you without a reason?

that´s just so nonserious...

Brazilian Guy

pre 16 godina

“and as a sidenote: Serbia did not start the war in Kosovo, it was the albanian extremists who started the whole mess... remember?”

That’s what Milosevic-controlled media has told… and sadly many people still believe it.