GREEK JUDGES CONVICT NATO
OF WAR CRIMES
by Manse Jacobi
from Censored Alert, Summer 1999, Project Censored
Twenty members of the Council of State (Greece's supreme administrative
court) have issued a statement, citing legal arguments deploring
the international crimes against Yugoslavia, which inaugurate
a "period of lawlessness" and bring us back to the "eras
of the Holy Alliance and the Axis."
NATO was found guilty of an unprecedented and barbaric attack
against Yugoslavia in a statement signed by 20 high-ranking judges
of the Greek Council of State, headed by its most senior vice-president
Michalis Dekleris. In this important statement, the judges condemn
the NATO bombardments, denounce the international crimes being
committed by the NATO countries through this armed attack, and
warn that any law passed deciding to involve Greece in this war
will constitute a gross violation of the Constitution.
Greek judges have taken a stand, pointing out that "this
attack is accompanied by the revival of deceptively staged propaganda
that attempts to exploit the misfortunes of the refugees to draw
public attention away from the violation of international law."
Following is the full text of the statement:
1. NATO's offensive against a sovereign European state, unprecedented
in the post-war years, is an affront not only to the ethical principles
of Greek and European civilization, but also to the fundamental
precepts of international law. This latter is a legal issue and
should not be overshadowed by the moral revulsion that is justly
provoked by this cowardly and barbaric attack. On the contrary,
this issue is of primary importance and must be clarified in particular
by those who have a competent opinion about the Law, since their
duty is to serve it.
2. This inexcusable attack is taking place in flagrant violation
of articles 1 and 2 of the United Nations Charter, which expressly
prohibits the use of violence in international relations, and
designates the Security Council (article 41 ff.) exclusively competent
in international crises. According to these provisions, but also
to the generally recognized precepts of international law, there
is no room for self-appointed crisis managers, nor is it permitted,
on any pretext whatsoever, for third countries to intervene in
the internal affairs of a sovereign state.
3. But this attack even violates the NATO Charter, the exclusive
purpose of which is collective defense of the area defined therein
that coincides with the boundaries of its member states, and which
has committed itself in its international relations to refrain
from the threat or use of violence in any way whatsoever that
is incompatible with the principles and purposes of the UN (article
1). That is, by its own Charter, NATO has been placed under the
rule of the UN Charter. And it could not have been otherwise,
since no international organization or alliance can be placed
above the United Nations.
4. In addition, both the United Nations Charter and all generally
recognized precepts of international law safeguard the equality
and sovereignty of all peoples, irrespective of their numbers
and power, and do not recognize any jurisdiction on the part of
powerful nations to intervene in the internal affairs of weaker
nations or to dictate solutions to their own liking.
Consequently, however serious the crisis in Kosovo may be,
it remains an internal Yugoslav affair and belongs to the exclusive
jurisdiction of the sovereign Yugoslav state. Any humanitarian
or other interest on the part of the UN, other international organizations
or third countries may be manifested only in a peaceful way and
by diplomatic means within the context of the UN Charter.
5. And, in this case, the United Nations, respecting these
restrictions, remained within its jurisdiction, recommending to
the lawful government of Yugoslavia that they fulfill their obligations
(Security Council resolutions No 1160/31.3.1998 and 1199/ 23.9.1998).
But behind the scenes, the NATO military alliance appeared in
a self-appointed role, and without having - nor could it have
had - any competence to become involved in this matter, having
first dictated an insolent ultimatum disputing the very sovereignty
of Yugoslavia, then launched an aggressive war against this state,
demanding that it conform to NATO demands. This attack is accompanied
by the revival of dark propaganda that attempts to exploit the
misery of the refugees to draw public attention away from the
violation of international law.
6. The legal significance of these actions should not be concealed
nor underestimated. By their armed attack, the NATO countries
are committing the following international crimes, in accordance
with the charter being drafted for the International Criminal
Court, which refers to the Geneva Conventions dated 12 August
1949 (UN Doc. A/CONF/183/9) and in particular:
a) the crime of waging an offensive war, with the violent
destruction of human life, cultural monuments and entire settlements;
b) the crime of genocide by the deliberate destruction of the
infrastructure of the Serbian community and the creation in it
of conditions that lead to its physical annihilation; and
c) the crime of ecological destruction by the use of military
technology that causes damage to people's health and to the natural
environment, a crime also committed against third countries to
which deadly pollution is carried.
7. During the recent Washington summit, the leadership of
the attacking NATO countries tried to amend the provisions of
its Charter to make it autonomous in continuing the attack on
Yugoslavia, and also with regard to its plans for the future in
carrying out so-called peace-making and humanitarian interventions
under the pretext of "crisis management"! It tried in
vain. The only valid crisis management, according to international
law, remains as ever the UN. And no other organization that is
by definition inferior to it can remove or usurp this role. NATO
cannot abolish international law nor can it produce new, generally
recognized precepts of international legality. Its new Charter
affects only the governments that signed it. And even if it is
ratified by the national Parliaments of its member states, it
will declare the intentions of just 19 out of a total of 158 states
on the planet.
The remaining states will not tolerate the falsification or
mockery of international law. They reject the theory that might
is right, whether overt or disguised. And small states like Greece
will be in danger if they relinquish rights which have been undisputed
for centuries. The truth is that NATO's attack on Yugoslavia inaugurates
a period of lawlessness in international relations. We are returning
to the era of the Holy Alliance and the Axis, against which humanity,
and the Greeks in particular, fought with such great sacrifices.
8. Having become involved in this crisis, Greece has no option
other than to do what its culture and Constitution dictate, namely
to follow the generally recognized precepts of international law,
to seek the consolidation of peace, and to use its armed forces
only for defensive purposes (article 2 para 2 and article 4 para
6 of the Constitution). In the light of these provisions of the
Constitution of the Hellenic State and the provisions of the United
Nations Charter, it is possible to interpret the provisions of
articles 27 para 2 and 28 para 3 of the Constitution, which after
a special law is passed, make it possible for foreign troops to
sojourn in or travel across the Hellenic State or for national
sovereignty to be restricted. These provisions could, however,
be implemented only with respect to the participation of Greece
in a declaration of war, and not to facilitate an attack against
a third state. Consequently, the involvement of Greece in this
on-going war against Yugoslavia cannot be decided upon even by
law because such a law would be totally unconstitutional.
In addition to Mr. Dekleris, this statement was signed by
the following Council of State members: St. Sarivalasis, Ioanna
Mari, Dim. Kostopoulos, Evdoxia Galanou, Sot. Rizos, Pan. Pikrammenos,
Nik. Sakellariou, Th. Papaevangellou, Nik. Rozos, Dion. Marinakis,
St. Haralambos and associate judges Maria Karamanov, Ekaterini
Christoforidou, I. Kapelousos, Dim. Alexandris, Eleni Anagnostopoulou,
Euth. Antonopoulos, Varvara Kapitsi, Theo. Aravanis.
***
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