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h/t gk in the Salon.

By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan
by Migeru (migeru at eurotrib dot com) on Thu Jul 22nd, 2010 at 10:41:26 AM EST
If the U.S. backs it, a declaration of independence is legitimate and sanctioned by international law. If the U.S. disapproves, a declaration of independence is illegitimate and condemned by international law.


fairleft
by fairleft (fairleftatyahoodotcom) on Thu Jul 22nd, 2010 at 03:38:07 PM EST
Perhaps now, Serbs living in the North of Kosovo should declare independence... as should Serbs living in Republika Srpska (BiH).
by vladimir on Fri Jul 23rd, 2010 at 04:00:04 AM EST
Yep.

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Fri Jul 23rd, 2010 at 06:22:55 AM EST
[ Parent ]
This nonbinding opinion of Salamonic indecision is headlined everywhere as "Kosovo's independence is legal/approved"...

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Fri Jul 23rd, 2010 at 06:24:40 AM EST
Not in Spain - LOL

By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan
by Migeru (migeru at eurotrib dot com) on Fri Jul 23rd, 2010 at 06:47:50 AM EST
[ Parent ]
I'm curious: how is it headlined there? Like your story, or stronger terms?

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Fri Jul 23rd, 2010 at 06:55:03 AM EST
[ Parent ]
Simply Ksovo's independence does not violate internationa law. However, El Pais for instance today headlines Kosovo's independence is legal the same article that Google news' cached version from yesterday headlines with "not illegal"...

La independencia de Kosovo es legal · ELPAÍS.comKosovo's independence is legal
La ONU considera que la declaración secesionista no vulnera el derecho internacional - Los jueces de La Haya enfatizan el carácter excepcional del casoThe UN considers that the secessionist declaration does not break international law - The judges from The Hague emphasise the exceptional character of this case.


By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan
by Migeru (migeru at eurotrib dot com) on Fri Jul 23rd, 2010 at 07:08:36 AM EST
[ Parent ]
I checked some Romanian and Slovakian news sites, and the preferred formulation seemed to be "does not violate international law". And the "advisory" qualifier was in the first paragraph of articles.

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Fri Jul 23rd, 2010 at 07:13:03 AM EST
[ Parent ]

What else did you expect?
A US/Western dominated court comes up with a vaguely worded verdict, which can be interpreted both ways so as not to make a precedent, which is then touted as 'proof that we were right' by MSM. The bigger picture reads that the US has a vested interest in destabilizing international geopolitics by invalidating the very principle which has permitted Europe (and the rest of the world?) to remain at relative peace: the inviolability of international borders. Might is what makes right - and the biggest bully on the block is American.
Could this contribute to salvation for the US economy?
After all, American super power status was consolidated in post WWII rubble.

by vladimir on Fri Jul 23rd, 2010 at 07:35:44 AM EST
[ Parent ]
vladimir:
The bigger picture reads that the US has a vested interest in destabilizing international geopolitics by invalidating the very principle which has permitted Europe (and the rest of the world?) to remain at relative peace: the inviolability of international borders.
Yup, this is the most worrisome part of this - the destabilizing role of the US in the post-cold-war "new world order"...

By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan
by Migeru (migeru at eurotrib dot com) on Fri Jul 23rd, 2010 at 08:03:18 AM EST
[ Parent ]
The bigger picture is also one of the US aiding and abetting Muslim interests in the Balkans (and elsewhere, internationally) in the hope that this will earn the US brownie points in the Islamic world. This policy has been promoted since the early 1990's, but has never yielded any results, of course. Just look at the increasing divide between Turkey's foreign policies and Western interests over the past 10 years.

Washington will certainly be as supportive of the Muslims in Bosnia, or of any other Islamistan, from Macedonia to southern Bulgaria to the Caucasus.

In the region, the ICJ verdict will promote two distinct, interconnected trends: greater-Albanian aspirations in Macedonia, Montenegro, Greece, and pan-Islamic aspirations for the establishment of what is called a "Green Corridor" (an Islamic ring from Asia Minor to the Balkans and into Central Europe).

This is another big win for Islam in Europe.

by Lynch on Sat Jul 24th, 2010 at 02:45:34 PM EST
[ Parent ]
Lynch:
this will earn the US brownie points in the Islamic world.

You're a funny guy, Lynch. The US does nothing but poke pointed sticks in the Islamic world's eyes.

Lynch:

what is called a "Green Corridor"

Who exactly calls this fantasy a "Green Corridor"?

by afew (afew(a in a circle)eurotrib_dot_com) on Sat Jul 24th, 2010 at 04:45:41 PM EST
[ Parent ]
I am indeed a funny guy, afew.

US policy has always sought to manipulate, forge alliances with and exploit Muslims throughout the world. Note: manipulate and exploit is not the same as conquer and colonize. It implies building military alliances and trades partnerships when these are useful... or going to war when a hostile regime is in place. However, there has always been a preference for military alliances and trade partnerships.

The most obvious example of a US-Islamic alliance is that of Turkey, which has been a cornerstone of American anti-Soviet policy since the creation of NATO... and is still a geostrategic ally today. US policy in the Balkans today is largely a result of this partnership. Another example is Afghanistan, where the Americans supported Islamists in their war against the USSR (1979-1988). This same policy can be seen playing out in the Russian Caucasus today, where US agents are providing military support to Islamists in an effort to weaken a Eurasian geopolitical rival. The Chinese Uighurs (who are also Muslims) are being used in the exact same way... as are of course, the Bosnian Muslims and the Albanian Muslims.

We can mention many examples of Muslim countries which have strong economic and military ties to the United States: Saudi Arabia, Kuwait, Qatar, Egypt, Morocco, Pakistan, Indonesia.... These countries represent more than 70% (guesstimate) of the world's Muslims.

Now, where do you see the US poking pointed sticks in the Islamic world's eye? You really need to read between the lines.

by Lynch on Sun Jul 25th, 2010 at 04:05:05 AM EST
[ Parent ]
Lynch:
The most obvious example of a US-Islamic alliance is that of Turkey

Turkey is a secular state. There is no "Islamic" alliance there.

Lynch:

Afghanistan, where the Americans supported Islamists in their war against the USSR

Precisely, as part of the Cold War struggle with the Soviet Union, and for no other reason. Had the insurgents been believers in Pikkiwoki they'd have received US support just the same.

Your allegations of clandestine US support for Islamists in the Caucasus need backing up. Same for the Uighurs. And, above all, Bosnians and Albanians. But, were these allegations supported by facts, we would still be talking about tactics in a Russia-containment (or China-weakening, but that's more far-fetched) strategy.

Same for the other "friendships" - hegemonic alliances with ruling elites that, of themselves, contain no "Islamic" element.

In all, nothing to back up your claim of

Lynch:

the US aiding and abetting Muslim interests in the Balkans (and elsewhere, internationally) in the hope that this will earn the US brownie points in the Islamic world

As for the pointed sticks, what do you think the majority of Muslims in the world think of Iraq, Afghanistan, Iran, and above all Israel?

Strange way to "earn brownie points".

by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 25th, 2010 at 04:33:45 AM EST
[ Parent ]
Turkey is a secular state. As in... "Islam plays no part in politics?". Right.

As I said, you need to read between the lines. Erdogan and his ruling ISLAMIST party (nothing Muslim about it of course) are not only running the political show in Ankara, but have also been busy purging the Army of its secular leadership (now why would that be if Turkey is such a principled secular state) and consolidating power. Not that the US or Europeans have done much to oppose or hamper these developments.

As for the US supporting Muslims from Kosovo to Bosnia... I'm no expert on the matter, although I do know that the German Secret Service (US puppet regime) has been providing weapons and logistics support to the KLA since the 1980's. But tell me... who armed the Bosnian Muslims if not NATO members ?

by Lynch on Sun Jul 25th, 2010 at 05:50:56 AM EST
[ Parent ]
Erdogan and his ruling ISLAMIST party

That would be Islamic, not Islamist. Islamist parties are unconstitutional in Turkey, and this is a prohibition that their constitutional court has not been shy in enforcing.

have also been busy purging the Army of its secular leadership (now why would that be if Turkey is such a principled secular state)

Which, of course, has nothing to do with the fact that the army has historically had the somewhat disquieting habit of deposing reasonably democratic governments that it did not like.

- Jake

If you only spend 20 minutes of the rest of your life on economics, go spend them here.

by JakeS (JangoSierra 'at' gmail 'dot' com) on Sun Jul 25th, 2010 at 09:43:39 AM EST
[ Parent ]
Are you saying that Erdogan's party is right to purge the Army?
by Lynch on Sun Jul 25th, 2010 at 11:01:18 AM EST
[ Parent ]
To PN: 99% of the 72+ million Turks are registered as Muslim (citation) and there are 72000 mosques. Turkey is also a member of the Organisation of the Islamic Conference.

You can't be me, I'm taken
by Sven Triloqvist on Sun Jul 25th, 2010 at 05:56:33 AM EST
[ Parent ]
The question is not the religion of the population, but the secular constitution of the State.
by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 25th, 2010 at 06:36:52 AM EST
[ Parent ]

afew: "Your allegations of clandestine US support for Islamists in the Caucasus need backing up. Same for the Uighurs. And, above all, Bosnians and Albanians. But, were these allegations supported by facts, we would still be talking about tactics in a Russia-containment (or China-weakening, but that's more far-fetched) strategy."

Either you weren't around at the time or your memory is failing... But US support for the Muslims was what started the war (see Lisbon Accord torpedoed by the Americans) and what influenced the outcome (see US-NATO bombing of Serbs in 1995).

Same is true of Albanian Muslims in Kosovo - from Rambouillet to the bombing of Serbia.

What kind of "proof" are you expecting?

by vladimir on Sun Jul 25th, 2010 at 12:51:11 PM EST
[ Parent ]
More "proof" than you are offering - which is a Serbian interpretation of history and no more.

But I'm not denying that US strategy was to prevent Russia-friendly Serbia from dominating most of former Yugoslavia, and that it went as far as the bombing campaign (that I didn't and don't agree with). But my argument is with Lynch's assertion that the US is "trying to earn brownie points" ie to curry favour in the Islamic world.

Once again, Iraq, Afghanistan, Iran, Israel, are strange ways to curry favour.

by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 25th, 2010 at 04:07:10 PM EST
[ Parent ]
Maybe Lynch has a point? Why, in the case of Bosnia, did the Americans side with the Muslims, who were their enemies just 55 years earlier and who were known to be infiltrated by Wahabist extremists and other Islamists "hostile" to US interests? In addition, if you go back and read some of my exchanges with UpstateNY, you'll see that pre 1990, Milosevic was Eagelberger's chum - a CIA supported leader. In fact, my information is that prior to the breakup of Yugoslavia, Serbia was willing to enter NATO. An offer which was refused by NATO - certainly because the conditions posed by Serbia weren't acceptable. So, given this background, why side with the Muslims?
by vladimir on Mon Jul 26th, 2010 at 02:49:00 AM EST
[ Parent ]
US political support to Chechnya:
<a href="http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=182">http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=182</a>
That's a reminder of history. In addition, Russian media accuses the US and Turkey of providing logistic support and sophisticated weapons to the Chechens - in particular, anti tank weapons.

Remember the support and understanding that the Muslim terrorists that killed some 120 kids in Beslan received on the front page of the NYT? That kind of political sympathy usually doesn't come without other "hard" support.

US/Turkish political and military support to Muslim Azerbaijan:
<a href="http://en.wikipedia.org/wiki/Azerbaijani_Armed_Forces">http://en.wikipedia.org/wiki/Azerbaijani_Armed_Forces</a> where you can read all about US/Turkish/NATO support for this country.

by Lynch on Sun Jul 25th, 2010 at 01:52:09 PM EST
[ Parent ]
The Carnegie Endowment article is an opinion piece from 1999 proposing that

 U.S. Role in Chechnya - Carnegie Endowment for International Peace

the United States to take a tough, principled stand on Chechnya

It's actually complaining that that support is way insufficient!

As for

Lynch:

Russian media accuses

what kind of evidence is that?

Sorry, in all good faith I didn't see that NYT article about Beslan. Please don't consider that I'm trying to defend the NYT's reputation (which I've attacked often enough here).

Finally, I don't doubt American support for the regime in Azerbaidjan. It's an important Central Asian country and key to Afghanistan.

My point is not that the US is not willing to make tactical and strategic alliances, or to give undercover support to insurgent movements. What I'm denying is that this is specifically a policy of linking up with "Islam". It's pure opportunism.

And I repeat that most Muslims in the world have not the slightest notion that the US is trying to be nice to them. Very much to the contrary.

by afew (afew(a in a circle)eurotrib_dot_com) on Sun Jul 25th, 2010 at 04:01:33 PM EST
[ Parent ]
If the court is US dominated as you say, How then in its last judgement before this did it vote that the Israeli wall inside the Palestinian territories was Illegal (On a 14-1 vote, with the US being the one dissenting voice)

Any idiot can face a crisis - it's day to day living that wears you out.
by ceebs (ceebs (at) eurotrib (dot) com) on Sun Jul 25th, 2010 at 03:44:22 PM EST
[ Parent ]
If it's not dominated by the US, then how do you explain that it came up with a verdict comforting the United States' decision to recognize Kosovo, which clearly goes against the UN Charter, and against the political wishes of some 130 countries?
by vladimir on Mon Jul 26th, 2010 at 01:21:07 AM EST
[ Parent ]
The ruling seems to hinge on the fact that Serbia's constitution did not apply given that Kosovo was under international administration as a result of UNCS Resolution 1244 from 1999...

In other words: international law does not make independence illegal, and national law was suspended.

By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan

by Migeru (migeru at eurotrib dot com) on Fri Jul 23rd, 2010 at 07:10:33 AM EST

That doesn't make sense. UNSC resolution 1244 clearly states that Kosovo remains an integral part of Serbia.
by vladimir on Fri Jul 23rd, 2010 at 07:17:05 AM EST
[ Parent ]
La independencia de Kosovo es legal · ELPAÍS.comKosovo´s indepdendence is legal - ElPais.com
"El derecho internacional general no contempla prohibiciones sobre las declaraciones de independencia y, por tanto, la declaración del 17 de febrero de 2008 no viola el derecho internacional general". Con esta sencilla frase contestó ayer Hisashi Owada, presidente del Tribunal Internacional de Justicia de la ONU, a la pregunta formulada, a instancias de Serbia, por la Asamblea General sobre la secesión de Kosovo de 2008. Se trata de una opinión no vinculante adoptada por 10 votos a favor y 4 en contra. Sin embargo, sus repercusiones pueden ser enormes para los movimientos separatistas de todo el mundo."General international law does not contemplate phohibitions on declarations of independence and, therefore, the declaration of 17 february 2008 does not violate general international law". With this simple phrase Hisashi Owada, president of the UN's International Court of Justice, answered the question formulated, at Serbia's behest, by the General Assembly on Kosovo's 2008 secession. It is a non-binding opinion adopted by 10 votes for to 4 against. However, its repercussions can be enormous for separatist movement around the world.
......
Según los jueces, la declaración kosovar no viola el derecho internacional general, y tampoco "contravino la resolución 1244 del Consejo de Seguridad", que reguló el régimen administrativo de Kosovo en 1999, tras la guerra balcánica contra los serbios. La resolución misma "no prohibía declaraciones de independencia de Kosovo respecto a Serbia", consideró el tribunal.According to the judges, the Kosovar declaration does not violate general international law, not did it "contravene UNSC Resolution 1244", regulating the administrative regime of Kosovo in 199, after the Balkan war against the Serbs. The resolution itself "did not forbid independence delarations of Kosovo with respect to Serbia", the Court considered.
Por último, los jueces excluyeron que la declaración vulnerara el marco constitucional provisional, que según ellos no vinculaba a los autores de la secesión. "Por tanto", concluyeron, "ninguna norma aplicable del derecho internacional ha sido violada".Finally, the judges excluded that the declaration broke the provisional constitutional framework, which according to the didn't bind the authors of the secession. "Therefore", they concluded, "no applicable norm of international law has been violated".


By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan
by Migeru (migeru at eurotrib dot com) on Fri Jul 23rd, 2010 at 07:32:43 AM EST
[ Parent ]
On page 6 of the press release
After considering the interpretation of resolution 1244 (1999) itself, the Court concludes that "the object and purpose of [the] resolution . . . was to establish a temporary, exceptional legal régime which, save to the extent that it expressly preserved it, superseded the Serbian legal order and which aimed at the stabilization of Kosovo, and that it was designed to do so on an interim basis".

The Court then turns to the question whether resolution 1244 (1999), or the measures adopted thereunder, introduces a specific prohibition on issuing a declaration of independence, applicable to those who adopted the declaration of independence of 17 February 2008. In order to answer this question, it is first necessary for the Court to determine precisely who issued that declaration.

In the part of its Advisory Opinion devoted to the identity of the authors of the declaration of independence, the Court seeks to establish whether the declaration of independence of 17 February 2008 was an act of the "Assembly of Kosovo", one of the Provisional Institutions of Self-Government, established under the Constitutional Framework, or whether those who adopted the declaration were acting in a different capacity. On this point, the Court arrives at the conclusion that "the authors of the declaration of independence . . . did not act as one of the Provisional Institutions of Self-Government within the Constitutional Framework, but rather as persons who acted together in their capacity as representatives of the people of Kosovo outside the framework of the interim administration".



By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan
by Migeru (migeru at eurotrib dot com) on Fri Jul 23rd, 2010 at 08:28:49 AM EST
[ Parent ]
Sigh... So much for the credibility of the ICJ.
Looks like it's just another kangaroo court.
by vladimir on Fri Jul 23rd, 2010 at 09:10:54 AM EST
[ Parent ]
Then again... There's nothing new there. Courts have - since the dawn of time - been tools to implement political agendas.
by vladimir on Fri Jul 23rd, 2010 at 09:22:50 AM EST
[ Parent ]
Of course there is nothing new - courts exist to administer and adjudicate justice based on laws that are politically initiated. In a so-called democracy, laws represent the social views of the majority who elect the politicians to form a government.

You can't be me, I'm taken
by Sven Triloqvist on Sun Jul 25th, 2010 at 06:02:25 AM EST
[ Parent ]

"...Serbia and Russia lead a handful of others"
LOL. It's Russia, China, India, Brazil, Spain, Greece and 120 other countries that do not accept the unilateral declaration of independence.
by vladimir on Fri Jul 23rd, 2010 at 08:02:32 AM EST
Yeah, the subtle ways in which media editorialise...

You will note, though, opposition to Kosovo independence comes from

  • Countries involved in separatist conflicts, and their clients
  • Countries opposed to the US on a general basis

While the language of the opposition is often couched in lofty international law concepts, there are very few countries that are taking a disinterested position in this, either for or against.

The nub is consistency and there, just like the US and Russia are both inconsistent in their approach to, say, Kosovo and Ossetia, other countries such as Spain take the same position (interested, but at least consistent) position in both cases.

By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan

by Migeru (migeru at eurotrib dot com) on Fri Jul 23rd, 2010 at 08:08:17 AM EST
[ Parent ]
The important lesson is one already learned: to prevent your country unilaterally breaking apart, have a strong military and/or don't get in the way of the U.S.

What's useful about the decision is that it is another instance of exposure of the actual role played by 'international justice' in our present-day world, to illegitimately legitimize the acts of the world's sole superpower. And we also see the critical role played by the international MSM in restricting the official story so that the exposure (even in so obvious a case as this) doesn't take place.

fairleft

by fairleft (fairleftatyahoodotcom) on Fri Jul 23rd, 2010 at 11:51:59 AM EST
[ Parent ]
The ECHR recently issued a verdict in Cyprus that forced the ethnically cleansed and dispossessed to apply for relief to Turkish courts prior to appealing (inevitably) the decisions to the ECHR.

Now with this international court decision, you've effectively created the ruse by which to dice and cleave away parts of countries. False flag operations light the fire, and if the former sovereign responds with a counterterrorist operation, they have effectively yielded control of the territory according to this decision.

So, one can argue that all sorts of little havens for terrorists may now become viable entities, as long as those terrorists are well connected.

by Upstate NY on Fri Jul 23rd, 2010 at 12:16:45 PM EST
Okay,so we can soon expect the serbs in the north of kosovo to secede, ossetia to seceed, srpska to secede, what else have we got? There must be so so many groups who can now claim they can secede from some other country.
by Wilfred on Sat Jul 24th, 2010 at 02:37:41 PM EST
Making the dubious assumption that the reasons for the verdict will be taken into account, a key point made by the court is that Kosovo essentially had independent status in a confederation, with its own assembly, judiciary etc. That seems to rule out your examples, but the ruling should apply to Catalonia, Scotland, and Vermont.
by gk (g k quattro due due sette "at" gmail.com) on Sat Jul 24th, 2010 at 04:44:49 PM EST
[ Parent ]

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