31

Monday, 26.09.2016.

14:02

RS referendum has no legal basis - European Commission

<a href="http://www.b92.net/eng/news/region.php?yyyy=2016&mm=09&dd=26&nav_id=99298" class="text-link" target= "_blank">The RS Day referendum</a> held in the Serb Republic (RS) on Sunday "has no legal basis," according to the European Commission.

Izvor: Tanjug

RS referendum has no legal basis - European Commission IMAGE SOURCE
IMAGE DESCRIPTION

31 Komentari

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icj1

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)

The practical consequence has been to fence-in their constituents
(Amnesty Yugoslavia, 30 September 2016 16:06)

Yup, fenced-in from Serbia and not ruled by Serbia. Exactly what they wanted to achieve.

Amnesty Yugoslavia

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)
---

icj1, the CB of B92, ignores the fact that politicians in KiM have made many laughable declarations. The practical consequence has been to fence-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

PS CB = Chief Bigot

Amnesty Yugoslavia

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)
---

icj1, the CB of B92, ignores the fact that politicians in KiM have made many laughable declarations. The practical consequence has been to fence-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

PS CB = Chief Bigot

icj1

pre 7 godina

a country's independance is dependant on whether it is a member of certain international organizations. In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons.
(Kent Prince, 28 September 2016 10:02)

So, are you saying that if a country becomes a UN member than that country becomes independent?
----------

Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.
(Kent Prince, 28 September 2016 10:02)

And Kosovo declared independence in accordance with UN resolution 1244.
----------

So basically Kosovo's situation is a frozen conflict.
(Kent Prince, 28 September 2016 10:02)

I have no doubt that is the case for Serbia and a certain "Kent Prince". As far as Kosovo is concerned though, it could not care less what Serbia decides to freeze or unfreeze or what refrigerators Serbia uses for that purpose. That is Serbia's business.

icj1

pre 7 godina

a country's independance is dependant on whether it is a member of certain international organizations. In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons.
(Kent Prince, 28 September 2016 10:02)

So, are you saying that if a country becomes a UN member than that country becomes independent?
----------

Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.
(Kent Prince, 28 September 2016 10:02)

And Kosovo declared independence in accordance with UN resolution 1244.
----------

So basically Kosovo's situation is a frozen conflict.
(Kent Prince, 28 September 2016 10:02)

I have no doubt that is the case for Serbia and a certain "Kent Prince". As far as Kosovo is concerned though, it could not care less what Serbia decides to freeze or unfreeze or what refrigerators Serbia uses for that purpose. That is Serbia's business.

icj1

pre 7 godina

How can the countries in the EU have a referendum and the people of BIH cannot?
(Kent Prince, 28 September 2016 10:38)

You should direct that question to the people of the BiH and ask them why they don't change BiH's constitution to make it equal to the Constitution of those EU countries you are referring to.
----------

the narrow opinion to Kosovo's declaration of indendance by the UN determined any group of people have the right to self determination.
(Kent Prince, 28 September 2016 10:02)

You are likely referring to YOUR opinion, because there does not exist any UN opinion which determined that "any group of people have the right to self determination"!

In addition if the UN had made such a swiping opinion about "any group of people", that would be in contradiction with you own "narrow" description of such opinion lol You managed to contradict yourself in a single sentence :)

Reader

pre 7 godina

"But we all know that a country's independance is dependant on whether it is a member of certain international organizations."

Kent, only you and a few others know such thing. Because it is the only (tiny) leverage you have left, so you modify the definition of "independence" to suit your position. Nothing wrong with that, just don't say "we all". Countries have existed long before international organizations. Countries have existed outside international organizations. The rump of former Yugoslavia composed of Serbia and Montenegro in fact was expelled from the UN for some time. That didn't make it less of a country.

Kent Prince

pre 7 godina

@ Amnesty Yugoslavia
The right to self determination does not equal independence. However, the narrow opinion to Kosovo's declaration of indendance by the UN determined any group of people have the right to self determination.
But we all know that a country's independance is dependant on whether it is a member of certain international organizations.
In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons. Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.

So basically Kosovo's situation is a frozen conflict.

Kent Prince

pre 7 godina

@ icj1
I would have more respect for a court that has been in existence for more than 17 years. more than what can be said for that biased court in the BIH ran by foreign political actors. Further, the BIH Constitution was a rushed job as the west took control of countries in the balanced and the fact that the BIH is not working is testiment to that.

How can the countries in the EU have a referendum and the people of BIH cannot?

A court does not decide whether a referendum is valid, a referendum is an inalienable right of the people.

Amnesty Yugoslavia

pre 7 godina

The UN decided that a groip of people have the right to self determination.
(Kent Prince, 26 September 2016 22:55)

When did the UN decide that, mate?!
(icj1, 27 September 2016 15:27)

---

icj1, the CB of B92, should know the answer to his/Her own question. For example, the UN decided in UNSCR 1244, to reaffirm the principle of territorial integrity. Consequently, the current "self-determining" politicians in KiM have fenced-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

DEDA CVETKO

pre 7 godina

I am not aware of any globally consented European Union mandate - legal or moral - in the Balkans or elsewhere, so this EU tirade smacks of something really, truly pathetic. European "Union" (what's left of it, anyway) appears to have contracted the Panatlantic Syndrome: this silly and utterly infantile belief that their legal dictum and moral imperative are binding on all parties of the world and that they have every right to enforce it any which way they wish. In fact, both EU and the Balkans are bound SOLELY AND EXCLUSIVELY by the internationally chartered UN legal institutions, which EU is not now, has never been and will never become. In so many words, EU totally lacks legal merit or judicial standing in the Balkans or outside its (ever-shrinking) borders. They should stick to their parochial judicial ethics at their home first and foremost and, once they splendidly succeed at home, their legal precepts might carry some hypothetical - mostly political and ideological - gravitas outside of their borders. I think it is safe to say that EU is long, long way from emanating such global legal stature or spreading it to the non-EU regions outside the Schengen Zone. At best, EU is a pathetic little conglomerate with oversized ambitions, overblown bureaucracy and ego, no discernible gray mass and zero groin. In short, EU is now 1914 "deja vu all over again" (with apologies to Yogi Bera) and dead-set at repeating its mistakes of the past in the most tragic of ways.

icj1

pre 7 godina

How is the constitutional court of BIH in relation to RS referendum more important than the constitutional court of Serbia in relation to Kosovo????
(Kent Prince, 26 September 2016 22:55)

Well, the Constitutional Court of BiH has the final say in relation to the referendum because the BiH constitution says so. Kosovo's Constitutional Framework promulgated by UNMIK under UNSCR 1244 does not envision any role in Kosovo for Serbia's Constitutional Court. If you disagree with that, feel free to contact UNMIK to have that changed :)
----------

The UN decided that a groip of people have the right to self determination.
(Kent Prince, 26 September 2016 22:55)

When did the UN decide that, mate?!

Kent Prince

pre 7 godina

@ LK
The BIH Constitution does not prohibit a referendum, the constitutional court arbitrarily prohibited the referendum. This is essentially called silencing the opinion of a people and a referendum is a fundamental right of people. Lets not forget that the UK just had its own referendum on the Brexit. British courts did not prohibit and could not prohibit this fundamental right.

EU Dude

pre 7 godina

Ah, the Commission and their non-stop power grabs, and their endless 'opinions'. If only they could deal with their own corruption, their President a corrupt tax dodging Luxemburger & Commissioner Barroso (now at Goldman Sux) being the man.*

EU Observer: Barroso had deeper ties to Goldman Sachs
https://euobserver.com/institutional/135227

Amnesty Yugoslavia

pre 7 godina

If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution.
(LK, 26 September 2016 17:14)

---

No need. A court, such as the CCBH, that immerses itself in politics and idiotic decisions about holidays, has neutered and deligitimized itself.
Bosnian Serbs won't implement an idiotic ruling of the court.

Kent Prince

pre 7 godina

How is the constitutional court of BIH in relation to RS referendum more important than the constitutional court of Serbia in relation to Kosovo????

The UN decided that a groip of people have the right to self determination.

Amnesty Yugoslavia

pre 7 godina

If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution.
(LK, 26 September 2016 17:14)

---

No need. A court, such as the CCBH, that immerses itself in politics and idiotic decisions about holidays, has neutered and deligitimized itself.
Bosnian Serbs won't implement an idiotic ruling of the court.

count (as in 1,2,3)

pre 7 godina

Therret Prizreni
so you're included who did what, and ignoring what actually happened.

850,000+ were displaced. that is not up for debate. that happened. when is potentially up for debate, as the mass migration (exodus, the trigger to the displacement) happened post nato campaign. however, the vast majority returned, they were not cleansed. the nature of the intent of "trying" to cleanse this population is up for debate in international courts, but the simply use of words correctly is what i'm discussing. these people were not ethnically cleansed, even if there was an attempt to do so.

Amnesty Yugoslavia

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.
(Amnesty Yugoslavia, 26 September 2016 16:48)

If they agree and sign a peace treaty that includes it, then they do. If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution. Don't sign a contract if you're not going to follow it.
(LK, 26 September 2016 17:14)

---

No one ever agreed or signed any treaty that included politically biased foreigners as judges in the CCBH.

count (as in 1,2,3)

pre 7 godina

gjon
"Serbian and Yugoslav military, police, and paramilitaries expelled more than 850,000 ethnic Albanians from Kosovo, internally displacing several hundred thousand more."

so... cleansed in not in that phrase. you seem to think you have literary licence to change words to fit your interpretation, not the reality.

yes, i'd say even near a million displaced, but near a million returned -- hence weren't cleansed -- displaced, and replaced.

Therret Prizreni

pre 7 godina

count: "see, cleaning the active word in that phrase involves the removal of something, not the transfer of stuffs only to be returned (not even replaced)."

Kosovars were not returned by Milosevic (or Serbs) that kicked us out, but by NATO. If it was for the Serbs - who were celebrating publicly the ethnic cleansing of Kosova - we'd still be living in the mud of Blace.

The rest of your incoherent rambling is just idiotic. We know well enough our history because we lived it. You might go and lie to gullible Russians, but not us. Why do you even bother?

count (as in 1,2,3)

pre 7 godina

gjon,
1 million. thats the number you and you alone are going with?
are you sure you didn't simply mean cleansed, as in go to neighbours like greece and use running water?

those that actually have counted have numbers with many fewer zeros in their official estimations than you have in your fairytale one.

certainly 1 million were temporarily displace, but not cleansed.
see, cleaning the active word in that phrase involves the removal of something, not the transfer of stuffs only to be returned (not even replaced).
perhaps you considered it ethnic in nature when you saw a whole ethnicity looking to get clean, but alas, the lack of prevention of returning kinda washes away any notions of ethnic cleansing

Gjon Marku

pre 7 godina

gjon,
1 million. thats the number you and you alone are going with?

(count (as in 1,2,3), 26 September 2016 17:16)

Well, me and Human Rights Watch. HRW Report UNDER ORDERS: War Crimes in Kosovo: https://www.hrw.org/reports/2001/kosovo/undword-03.htm

"Serbian and Yugoslav military, police, and paramilitaries expelled more than 850,000 ethnic Albanians from Kosovo, internally displacing several hundred thousand more."

“One explanation is simply revenge. But the systematic nature of the expulsions contradicts this theory; clearly, there was a well-conceived plan to "ethnically cleanse" large portions of the Albanian population. Revenge was nothing more than an added factor to motivate the troops.”

LK

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.
(Amnesty Yugoslavia, 26 September 2016 16:48)

If they agree and sign a peace treaty that includes it, then they do. If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution. Don't sign a contract if you're not going to follow it.

Amnesty Yugoslavia

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.

Gjon Marku

pre 7 godina

So what "legal" basis does Kosovo* have to unilaterally declare independence?
(Hypocrites, 26 September 2016 14:40)

War. Over 1`000`000 ethnically cleansed albanians. Massgraves with civilians in Kosovo and Serbia. But what really broke the neck of serbia was the last and most important mistake. They violated of the following point in 1244:

Reaffirming the call in previous resolutions for substantial autonomy and
meaningful self-administration for Kosovo.

This and the refusal to accept the Atthisari plan is the reason for your permanent loss.

Balkan Anthropologist

pre 7 godina

I see the EC is not wanting to be outdone in a serious of loud, blustery, yet ultimately impotent statements, decisions, and rulings made regarding Bosnia over the last week and a half. Up to now I was going to award Bosnia's Constitutional Court for unnecessarily stirring the pot with a ruling against something that had been taking place routinely for the last 24 years. Of course leave it up to the EU and its non-elected executive body to frown on anything resembling a popular challenge to bureaucratic mismanagement.

Hypocrites

pre 7 godina

So what "legal" basis does Kosovo* have to unilaterally declare independence?
Kosovo* clearly violates the foundations of international law as its a breach of Resolution 1244, The Helsinki Final Act, not to mention the Serbian constitution.
For the sake of regional peace and security the world needs to acknowledge that RS is a unique case and its impeding independence is irreversible.

Ari Gold

pre 7 godina

Oh stfu already. The Bosnian constitutional court's decision to think it can impose on Serbs what holidays they should be allowed to celebrate has no practical basis. Yesterday, Serbs in RS didnt just vote for a holiday, they declared secession from the Bosnian legal system. And it was only due to Bosniak provocation with Western support. If Bosnia doesn't want the next referendum to be the one to break Bosnia up completely, start respecting the will of the Serb people.

The 90s are over, yesterday proved that. Congrats RS!!

Hypocrites

pre 7 godina

So what "legal" basis does Kosovo* have to unilaterally declare independence?
Kosovo* clearly violates the foundations of international law as its a breach of Resolution 1244, The Helsinki Final Act, not to mention the Serbian constitution.
For the sake of regional peace and security the world needs to acknowledge that RS is a unique case and its impeding independence is irreversible.

Ari Gold

pre 7 godina

Oh stfu already. The Bosnian constitutional court's decision to think it can impose on Serbs what holidays they should be allowed to celebrate has no practical basis. Yesterday, Serbs in RS didnt just vote for a holiday, they declared secession from the Bosnian legal system. And it was only due to Bosniak provocation with Western support. If Bosnia doesn't want the next referendum to be the one to break Bosnia up completely, start respecting the will of the Serb people.

The 90s are over, yesterday proved that. Congrats RS!!

Gjon Marku

pre 7 godina

So what "legal" basis does Kosovo* have to unilaterally declare independence?
(Hypocrites, 26 September 2016 14:40)

War. Over 1`000`000 ethnically cleansed albanians. Massgraves with civilians in Kosovo and Serbia. But what really broke the neck of serbia was the last and most important mistake. They violated of the following point in 1244:

Reaffirming the call in previous resolutions for substantial autonomy and
meaningful self-administration for Kosovo.

This and the refusal to accept the Atthisari plan is the reason for your permanent loss.

Balkan Anthropologist

pre 7 godina

I see the EC is not wanting to be outdone in a serious of loud, blustery, yet ultimately impotent statements, decisions, and rulings made regarding Bosnia over the last week and a half. Up to now I was going to award Bosnia's Constitutional Court for unnecessarily stirring the pot with a ruling against something that had been taking place routinely for the last 24 years. Of course leave it up to the EU and its non-elected executive body to frown on anything resembling a popular challenge to bureaucratic mismanagement.

Amnesty Yugoslavia

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.

LK

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.
(Amnesty Yugoslavia, 26 September 2016 16:48)

If they agree and sign a peace treaty that includes it, then they do. If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution. Don't sign a contract if you're not going to follow it.

Amnesty Yugoslavia

pre 7 godina

If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution.
(LK, 26 September 2016 17:14)

---

No need. A court, such as the CCBH, that immerses itself in politics and idiotic decisions about holidays, has neutered and deligitimized itself.
Bosnian Serbs won't implement an idiotic ruling of the court.

count (as in 1,2,3)

pre 7 godina

gjon,
1 million. thats the number you and you alone are going with?
are you sure you didn't simply mean cleansed, as in go to neighbours like greece and use running water?

those that actually have counted have numbers with many fewer zeros in their official estimations than you have in your fairytale one.

certainly 1 million were temporarily displace, but not cleansed.
see, cleaning the active word in that phrase involves the removal of something, not the transfer of stuffs only to be returned (not even replaced).
perhaps you considered it ethnic in nature when you saw a whole ethnicity looking to get clean, but alas, the lack of prevention of returning kinda washes away any notions of ethnic cleansing

Therret Prizreni

pre 7 godina

count: "see, cleaning the active word in that phrase involves the removal of something, not the transfer of stuffs only to be returned (not even replaced)."

Kosovars were not returned by Milosevic (or Serbs) that kicked us out, but by NATO. If it was for the Serbs - who were celebrating publicly the ethnic cleansing of Kosova - we'd still be living in the mud of Blace.

The rest of your incoherent rambling is just idiotic. We know well enough our history because we lived it. You might go and lie to gullible Russians, but not us. Why do you even bother?

Amnesty Yugoslavia

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.
(Amnesty Yugoslavia, 26 September 2016 16:48)

If they agree and sign a peace treaty that includes it, then they do. If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution. Don't sign a contract if you're not going to follow it.
(LK, 26 September 2016 17:14)

---

No one ever agreed or signed any treaty that included politically biased foreigners as judges in the CCBH.

Amnesty Yugoslavia

pre 7 godina

If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution.
(LK, 26 September 2016 17:14)

---

No need. A court, such as the CCBH, that immerses itself in politics and idiotic decisions about holidays, has neutered and deligitimized itself.
Bosnian Serbs won't implement an idiotic ruling of the court.

count (as in 1,2,3)

pre 7 godina

gjon
"Serbian and Yugoslav military, police, and paramilitaries expelled more than 850,000 ethnic Albanians from Kosovo, internally displacing several hundred thousand more."

so... cleansed in not in that phrase. you seem to think you have literary licence to change words to fit your interpretation, not the reality.

yes, i'd say even near a million displaced, but near a million returned -- hence weren't cleansed -- displaced, and replaced.

Kent Prince

pre 7 godina

How is the constitutional court of BIH in relation to RS referendum more important than the constitutional court of Serbia in relation to Kosovo????

The UN decided that a groip of people have the right to self determination.

Kent Prince

pre 7 godina

@ LK
The BIH Constitution does not prohibit a referendum, the constitutional court arbitrarily prohibited the referendum. This is essentially called silencing the opinion of a people and a referendum is a fundamental right of people. Lets not forget that the UK just had its own referendum on the Brexit. British courts did not prohibit and could not prohibit this fundamental right.

Gjon Marku

pre 7 godina

gjon,
1 million. thats the number you and you alone are going with?

(count (as in 1,2,3), 26 September 2016 17:16)

Well, me and Human Rights Watch. HRW Report UNDER ORDERS: War Crimes in Kosovo: https://www.hrw.org/reports/2001/kosovo/undword-03.htm

"Serbian and Yugoslav military, police, and paramilitaries expelled more than 850,000 ethnic Albanians from Kosovo, internally displacing several hundred thousand more."

“One explanation is simply revenge. But the systematic nature of the expulsions contradicts this theory; clearly, there was a well-conceived plan to "ethnically cleanse" large portions of the Albanian population. Revenge was nothing more than an added factor to motivate the troops.”

EU Dude

pre 7 godina

Ah, the Commission and their non-stop power grabs, and their endless 'opinions'. If only they could deal with their own corruption, their President a corrupt tax dodging Luxemburger & Commissioner Barroso (now at Goldman Sux) being the man.*

EU Observer: Barroso had deeper ties to Goldman Sachs
https://euobserver.com/institutional/135227

DEDA CVETKO

pre 7 godina

I am not aware of any globally consented European Union mandate - legal or moral - in the Balkans or elsewhere, so this EU tirade smacks of something really, truly pathetic. European "Union" (what's left of it, anyway) appears to have contracted the Panatlantic Syndrome: this silly and utterly infantile belief that their legal dictum and moral imperative are binding on all parties of the world and that they have every right to enforce it any which way they wish. In fact, both EU and the Balkans are bound SOLELY AND EXCLUSIVELY by the internationally chartered UN legal institutions, which EU is not now, has never been and will never become. In so many words, EU totally lacks legal merit or judicial standing in the Balkans or outside its (ever-shrinking) borders. They should stick to their parochial judicial ethics at their home first and foremost and, once they splendidly succeed at home, their legal precepts might carry some hypothetical - mostly political and ideological - gravitas outside of their borders. I think it is safe to say that EU is long, long way from emanating such global legal stature or spreading it to the non-EU regions outside the Schengen Zone. At best, EU is a pathetic little conglomerate with oversized ambitions, overblown bureaucracy and ego, no discernible gray mass and zero groin. In short, EU is now 1914 "deja vu all over again" (with apologies to Yogi Bera) and dead-set at repeating its mistakes of the past in the most tragic of ways.

count (as in 1,2,3)

pre 7 godina

Therret Prizreni
so you're included who did what, and ignoring what actually happened.

850,000+ were displaced. that is not up for debate. that happened. when is potentially up for debate, as the mass migration (exodus, the trigger to the displacement) happened post nato campaign. however, the vast majority returned, they were not cleansed. the nature of the intent of "trying" to cleanse this population is up for debate in international courts, but the simply use of words correctly is what i'm discussing. these people were not ethnically cleansed, even if there was an attempt to do so.

Amnesty Yugoslavia

pre 7 godina

The UN decided that a groip of people have the right to self determination.
(Kent Prince, 26 September 2016 22:55)

When did the UN decide that, mate?!
(icj1, 27 September 2016 15:27)

---

icj1, the CB of B92, should know the answer to his/Her own question. For example, the UN decided in UNSCR 1244, to reaffirm the principle of territorial integrity. Consequently, the current "self-determining" politicians in KiM have fenced-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

Amnesty Yugoslavia

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)
---

icj1, the CB of B92, ignores the fact that politicians in KiM have made many laughable declarations. The practical consequence has been to fence-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

PS CB = Chief Bigot

icj1

pre 7 godina

How is the constitutional court of BIH in relation to RS referendum more important than the constitutional court of Serbia in relation to Kosovo????
(Kent Prince, 26 September 2016 22:55)

Well, the Constitutional Court of BiH has the final say in relation to the referendum because the BiH constitution says so. Kosovo's Constitutional Framework promulgated by UNMIK under UNSCR 1244 does not envision any role in Kosovo for Serbia's Constitutional Court. If you disagree with that, feel free to contact UNMIK to have that changed :)
----------

The UN decided that a groip of people have the right to self determination.
(Kent Prince, 26 September 2016 22:55)

When did the UN decide that, mate?!

Kent Prince

pre 7 godina

@ Amnesty Yugoslavia
The right to self determination does not equal independence. However, the narrow opinion to Kosovo's declaration of indendance by the UN determined any group of people have the right to self determination.
But we all know that a country's independance is dependant on whether it is a member of certain international organizations.
In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons. Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.

So basically Kosovo's situation is a frozen conflict.

Kent Prince

pre 7 godina

@ icj1
I would have more respect for a court that has been in existence for more than 17 years. more than what can be said for that biased court in the BIH ran by foreign political actors. Further, the BIH Constitution was a rushed job as the west took control of countries in the balanced and the fact that the BIH is not working is testiment to that.

How can the countries in the EU have a referendum and the people of BIH cannot?

A court does not decide whether a referendum is valid, a referendum is an inalienable right of the people.

Reader

pre 7 godina

"But we all know that a country's independance is dependant on whether it is a member of certain international organizations."

Kent, only you and a few others know such thing. Because it is the only (tiny) leverage you have left, so you modify the definition of "independence" to suit your position. Nothing wrong with that, just don't say "we all". Countries have existed long before international organizations. Countries have existed outside international organizations. The rump of former Yugoslavia composed of Serbia and Montenegro in fact was expelled from the UN for some time. That didn't make it less of a country.

Amnesty Yugoslavia

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)
---

icj1, the CB of B92, ignores the fact that politicians in KiM have made many laughable declarations. The practical consequence has been to fence-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

PS CB = Chief Bigot

icj1

pre 7 godina

a country's independance is dependant on whether it is a member of certain international organizations. In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons.
(Kent Prince, 28 September 2016 10:02)

So, are you saying that if a country becomes a UN member than that country becomes independent?
----------

Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.
(Kent Prince, 28 September 2016 10:02)

And Kosovo declared independence in accordance with UN resolution 1244.
----------

So basically Kosovo's situation is a frozen conflict.
(Kent Prince, 28 September 2016 10:02)

I have no doubt that is the case for Serbia and a certain "Kent Prince". As far as Kosovo is concerned though, it could not care less what Serbia decides to freeze or unfreeze or what refrigerators Serbia uses for that purpose. That is Serbia's business.

icj1

pre 7 godina

a country's independance is dependant on whether it is a member of certain international organizations. In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons.
(Kent Prince, 28 September 2016 10:02)

So, are you saying that if a country becomes a UN member than that country becomes independent?
----------

Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.
(Kent Prince, 28 September 2016 10:02)

And Kosovo declared independence in accordance with UN resolution 1244.
----------

So basically Kosovo's situation is a frozen conflict.
(Kent Prince, 28 September 2016 10:02)

I have no doubt that is the case for Serbia and a certain "Kent Prince". As far as Kosovo is concerned though, it could not care less what Serbia decides to freeze or unfreeze or what refrigerators Serbia uses for that purpose. That is Serbia's business.

icj1

pre 7 godina

How can the countries in the EU have a referendum and the people of BIH cannot?
(Kent Prince, 28 September 2016 10:38)

You should direct that question to the people of the BiH and ask them why they don't change BiH's constitution to make it equal to the Constitution of those EU countries you are referring to.
----------

the narrow opinion to Kosovo's declaration of indendance by the UN determined any group of people have the right to self determination.
(Kent Prince, 28 September 2016 10:02)

You are likely referring to YOUR opinion, because there does not exist any UN opinion which determined that "any group of people have the right to self determination"!

In addition if the UN had made such a swiping opinion about "any group of people", that would be in contradiction with you own "narrow" description of such opinion lol You managed to contradict yourself in a single sentence :)

icj1

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)

The practical consequence has been to fence-in their constituents
(Amnesty Yugoslavia, 30 September 2016 16:06)

Yup, fenced-in from Serbia and not ruled by Serbia. Exactly what they wanted to achieve.

Gjon Marku

pre 7 godina

So what "legal" basis does Kosovo* have to unilaterally declare independence?
(Hypocrites, 26 September 2016 14:40)

War. Over 1`000`000 ethnically cleansed albanians. Massgraves with civilians in Kosovo and Serbia. But what really broke the neck of serbia was the last and most important mistake. They violated of the following point in 1244:

Reaffirming the call in previous resolutions for substantial autonomy and
meaningful self-administration for Kosovo.

This and the refusal to accept the Atthisari plan is the reason for your permanent loss.

Hypocrites

pre 7 godina

So what "legal" basis does Kosovo* have to unilaterally declare independence?
Kosovo* clearly violates the foundations of international law as its a breach of Resolution 1244, The Helsinki Final Act, not to mention the Serbian constitution.
For the sake of regional peace and security the world needs to acknowledge that RS is a unique case and its impeding independence is irreversible.

Gjon Marku

pre 7 godina

gjon,
1 million. thats the number you and you alone are going with?

(count (as in 1,2,3), 26 September 2016 17:16)

Well, me and Human Rights Watch. HRW Report UNDER ORDERS: War Crimes in Kosovo: https://www.hrw.org/reports/2001/kosovo/undword-03.htm

"Serbian and Yugoslav military, police, and paramilitaries expelled more than 850,000 ethnic Albanians from Kosovo, internally displacing several hundred thousand more."

“One explanation is simply revenge. But the systematic nature of the expulsions contradicts this theory; clearly, there was a well-conceived plan to "ethnically cleanse" large portions of the Albanian population. Revenge was nothing more than an added factor to motivate the troops.”

Ari Gold

pre 7 godina

Oh stfu already. The Bosnian constitutional court's decision to think it can impose on Serbs what holidays they should be allowed to celebrate has no practical basis. Yesterday, Serbs in RS didnt just vote for a holiday, they declared secession from the Bosnian legal system. And it was only due to Bosniak provocation with Western support. If Bosnia doesn't want the next referendum to be the one to break Bosnia up completely, start respecting the will of the Serb people.

The 90s are over, yesterday proved that. Congrats RS!!

count (as in 1,2,3)

pre 7 godina

gjon,
1 million. thats the number you and you alone are going with?
are you sure you didn't simply mean cleansed, as in go to neighbours like greece and use running water?

those that actually have counted have numbers with many fewer zeros in their official estimations than you have in your fairytale one.

certainly 1 million were temporarily displace, but not cleansed.
see, cleaning the active word in that phrase involves the removal of something, not the transfer of stuffs only to be returned (not even replaced).
perhaps you considered it ethnic in nature when you saw a whole ethnicity looking to get clean, but alas, the lack of prevention of returning kinda washes away any notions of ethnic cleansing

Therret Prizreni

pre 7 godina

count: "see, cleaning the active word in that phrase involves the removal of something, not the transfer of stuffs only to be returned (not even replaced)."

Kosovars were not returned by Milosevic (or Serbs) that kicked us out, but by NATO. If it was for the Serbs - who were celebrating publicly the ethnic cleansing of Kosova - we'd still be living in the mud of Blace.

The rest of your incoherent rambling is just idiotic. We know well enough our history because we lived it. You might go and lie to gullible Russians, but not us. Why do you even bother?

Amnesty Yugoslavia

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.

LK

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.
(Amnesty Yugoslavia, 26 September 2016 16:48)

If they agree and sign a peace treaty that includes it, then they do. If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution. Don't sign a contract if you're not going to follow it.

Amnesty Yugoslavia

pre 7 godina

If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution.
(LK, 26 September 2016 17:14)

---

No need. A court, such as the CCBH, that immerses itself in politics and idiotic decisions about holidays, has neutered and deligitimized itself.
Bosnian Serbs won't implement an idiotic ruling of the court.

Amnesty Yugoslavia

pre 7 godina

If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution.
(LK, 26 September 2016 17:14)

---

No need. A court, such as the CCBH, that immerses itself in politics and idiotic decisions about holidays, has neutered and deligitimized itself.
Bosnian Serbs won't implement an idiotic ruling of the court.

Kent Prince

pre 7 godina

How is the constitutional court of BIH in relation to RS referendum more important than the constitutional court of Serbia in relation to Kosovo????

The UN decided that a groip of people have the right to self determination.

icj1

pre 7 godina

How is the constitutional court of BIH in relation to RS referendum more important than the constitutional court of Serbia in relation to Kosovo????
(Kent Prince, 26 September 2016 22:55)

Well, the Constitutional Court of BiH has the final say in relation to the referendum because the BiH constitution says so. Kosovo's Constitutional Framework promulgated by UNMIK under UNSCR 1244 does not envision any role in Kosovo for Serbia's Constitutional Court. If you disagree with that, feel free to contact UNMIK to have that changed :)
----------

The UN decided that a groip of people have the right to self determination.
(Kent Prince, 26 September 2016 22:55)

When did the UN decide that, mate?!

Balkan Anthropologist

pre 7 godina

I see the EC is not wanting to be outdone in a serious of loud, blustery, yet ultimately impotent statements, decisions, and rulings made regarding Bosnia over the last week and a half. Up to now I was going to award Bosnia's Constitutional Court for unnecessarily stirring the pot with a ruling against something that had been taking place routinely for the last 24 years. Of course leave it up to the EU and its non-elected executive body to frown on anything resembling a popular challenge to bureaucratic mismanagement.

count (as in 1,2,3)

pre 7 godina

gjon
"Serbian and Yugoslav military, police, and paramilitaries expelled more than 850,000 ethnic Albanians from Kosovo, internally displacing several hundred thousand more."

so... cleansed in not in that phrase. you seem to think you have literary licence to change words to fit your interpretation, not the reality.

yes, i'd say even near a million displaced, but near a million returned -- hence weren't cleansed -- displaced, and replaced.

Amnesty Yugoslavia

pre 7 godina

Constitutional courts such as the CCBH, which appoint politically biased foreign nationals, have no legal basis in any democratic state.
(Amnesty Yugoslavia, 26 September 2016 16:48)

If they agree and sign a peace treaty that includes it, then they do. If Bosnian-Serbs want to get rid of this court, then they need to negotiate with the other peoples of Bosnia to rewrite the constitution. Don't sign a contract if you're not going to follow it.
(LK, 26 September 2016 17:14)

---

No one ever agreed or signed any treaty that included politically biased foreigners as judges in the CCBH.

count (as in 1,2,3)

pre 7 godina

Therret Prizreni
so you're included who did what, and ignoring what actually happened.

850,000+ were displaced. that is not up for debate. that happened. when is potentially up for debate, as the mass migration (exodus, the trigger to the displacement) happened post nato campaign. however, the vast majority returned, they were not cleansed. the nature of the intent of "trying" to cleanse this population is up for debate in international courts, but the simply use of words correctly is what i'm discussing. these people were not ethnically cleansed, even if there was an attempt to do so.

EU Dude

pre 7 godina

Ah, the Commission and their non-stop power grabs, and their endless 'opinions'. If only they could deal with their own corruption, their President a corrupt tax dodging Luxemburger & Commissioner Barroso (now at Goldman Sux) being the man.*

EU Observer: Barroso had deeper ties to Goldman Sachs
https://euobserver.com/institutional/135227

Kent Prince

pre 7 godina

@ LK
The BIH Constitution does not prohibit a referendum, the constitutional court arbitrarily prohibited the referendum. This is essentially called silencing the opinion of a people and a referendum is a fundamental right of people. Lets not forget that the UK just had its own referendum on the Brexit. British courts did not prohibit and could not prohibit this fundamental right.

DEDA CVETKO

pre 7 godina

I am not aware of any globally consented European Union mandate - legal or moral - in the Balkans or elsewhere, so this EU tirade smacks of something really, truly pathetic. European "Union" (what's left of it, anyway) appears to have contracted the Panatlantic Syndrome: this silly and utterly infantile belief that their legal dictum and moral imperative are binding on all parties of the world and that they have every right to enforce it any which way they wish. In fact, both EU and the Balkans are bound SOLELY AND EXCLUSIVELY by the internationally chartered UN legal institutions, which EU is not now, has never been and will never become. In so many words, EU totally lacks legal merit or judicial standing in the Balkans or outside its (ever-shrinking) borders. They should stick to their parochial judicial ethics at their home first and foremost and, once they splendidly succeed at home, their legal precepts might carry some hypothetical - mostly political and ideological - gravitas outside of their borders. I think it is safe to say that EU is long, long way from emanating such global legal stature or spreading it to the non-EU regions outside the Schengen Zone. At best, EU is a pathetic little conglomerate with oversized ambitions, overblown bureaucracy and ego, no discernible gray mass and zero groin. In short, EU is now 1914 "deja vu all over again" (with apologies to Yogi Bera) and dead-set at repeating its mistakes of the past in the most tragic of ways.

Amnesty Yugoslavia

pre 7 godina

The UN decided that a groip of people have the right to self determination.
(Kent Prince, 26 September 2016 22:55)

When did the UN decide that, mate?!
(icj1, 27 September 2016 15:27)

---

icj1, the CB of B92, should know the answer to his/Her own question. For example, the UN decided in UNSCR 1244, to reaffirm the principle of territorial integrity. Consequently, the current "self-determining" politicians in KiM have fenced-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

Kent Prince

pre 7 godina

@ Amnesty Yugoslavia
The right to self determination does not equal independence. However, the narrow opinion to Kosovo's declaration of indendance by the UN determined any group of people have the right to self determination.
But we all know that a country's independance is dependant on whether it is a member of certain international organizations.
In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons. Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.

So basically Kosovo's situation is a frozen conflict.

Kent Prince

pre 7 godina

@ icj1
I would have more respect for a court that has been in existence for more than 17 years. more than what can be said for that biased court in the BIH ran by foreign political actors. Further, the BIH Constitution was a rushed job as the west took control of countries in the balanced and the fact that the BIH is not working is testiment to that.

How can the countries in the EU have a referendum and the people of BIH cannot?

A court does not decide whether a referendum is valid, a referendum is an inalienable right of the people.

Reader

pre 7 godina

"But we all know that a country's independance is dependant on whether it is a member of certain international organizations."

Kent, only you and a few others know such thing. Because it is the only (tiny) leverage you have left, so you modify the definition of "independence" to suit your position. Nothing wrong with that, just don't say "we all". Countries have existed long before international organizations. Countries have existed outside international organizations. The rump of former Yugoslavia composed of Serbia and Montenegro in fact was expelled from the UN for some time. That didn't make it less of a country.

icj1

pre 7 godina

a country's independance is dependant on whether it is a member of certain international organizations. In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons.
(Kent Prince, 28 September 2016 10:02)

So, are you saying that if a country becomes a UN member than that country becomes independent?
----------

Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.
(Kent Prince, 28 September 2016 10:02)

And Kosovo declared independence in accordance with UN resolution 1244.
----------

So basically Kosovo's situation is a frozen conflict.
(Kent Prince, 28 September 2016 10:02)

I have no doubt that is the case for Serbia and a certain "Kent Prince". As far as Kosovo is concerned though, it could not care less what Serbia decides to freeze or unfreeze or what refrigerators Serbia uses for that purpose. That is Serbia's business.

icj1

pre 7 godina

a country's independance is dependant on whether it is a member of certain international organizations. In regards to Kosovo, Russia and China will never approve of Kosovo's admission to the UN for moral,principal and their own political reasons.
(Kent Prince, 28 September 2016 10:02)

So, are you saying that if a country becomes a UN member than that country becomes independent?
----------

Further UN resolution 1244 specifies that Kosovo is Serbia's Southern province.
(Kent Prince, 28 September 2016 10:02)

And Kosovo declared independence in accordance with UN resolution 1244.
----------

So basically Kosovo's situation is a frozen conflict.
(Kent Prince, 28 September 2016 10:02)

I have no doubt that is the case for Serbia and a certain "Kent Prince". As far as Kosovo is concerned though, it could not care less what Serbia decides to freeze or unfreeze or what refrigerators Serbia uses for that purpose. That is Serbia's business.

icj1

pre 7 godina

How can the countries in the EU have a referendum and the people of BIH cannot?
(Kent Prince, 28 September 2016 10:38)

You should direct that question to the people of the BiH and ask them why they don't change BiH's constitution to make it equal to the Constitution of those EU countries you are referring to.
----------

the narrow opinion to Kosovo's declaration of indendance by the UN determined any group of people have the right to self determination.
(Kent Prince, 28 September 2016 10:02)

You are likely referring to YOUR opinion, because there does not exist any UN opinion which determined that "any group of people have the right to self determination"!

In addition if the UN had made such a swiping opinion about "any group of people", that would be in contradiction with you own "narrow" description of such opinion lol You managed to contradict yourself in a single sentence :)

Amnesty Yugoslavia

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)
---

icj1, the CB of B92, ignores the fact that politicians in KiM have made many laughable declarations. The practical consequence has been to fence-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

PS CB = Chief Bigot

Amnesty Yugoslavia

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)
---

icj1, the CB of B92, ignores the fact that politicians in KiM have made many laughable declarations. The practical consequence has been to fence-in their constituents in a criminally corrupt ghetto that the UN considers as an integral part of Serbian territory.

PS CB = Chief Bigot

icj1

pre 7 godina

And Kosovo declared independence in accordance with UN resolution 1244.
(icj1, 29 September 2016 20:20)

The practical consequence has been to fence-in their constituents
(Amnesty Yugoslavia, 30 September 2016 16:06)

Yup, fenced-in from Serbia and not ruled by Serbia. Exactly what they wanted to achieve.