As soon as the Decree of the Federal Government on Cooperation with the Hague Tribunal was adopted, an initiative to assess its constitutionality was immediately launched. That was logical: everyone was It is clearly contrary to the Constitution of the United States. The alternative was to amend the Constitution – for which there was no more time – that is, to cut the Gordian knot, by abolishing the Constitution and thus Yugoslavia. In other words, in order to fulfill the ultimatum of a dubious (illegal) NATO court (the so-called Tribunal), the constitutionality of a sovereign state should be annulled and Yugoslavia should be abolished. The initiative for The assessment of the constitutionality of the federal decree was submitted by the Socialist Party of Serbia, the Yugoslav Left, the Patriotic Alliance of Yugoslavia, a group of 51 professors of the Faculty of Law in Belgrade. Slobodan Milosevic's supporters and a larger group of citizens. Particularly noteworthy was the engagement of such groups of lawyers, among whom were some eminent names of Serbian jurisprudence
Compactly, more than half of the total teaching and scientific staff who were at the Faculty of Law that year joined the protest against the illegal actions of the ruling party. Belgrade). And this especially "shocked" the followers of the Helsinki Committee in Belgrade..
Hague Lobby Downplays Critics
They were called "party cadre who arrived at the Faculty of Law in the 1990s", without the necessary scientific background. Some of them are from other colleges and universities, and Young assistants are also present... (Admittedly, the Committee exempts only Smilja Avramov, Ratko Marković, Kosta Čavoski and Oliver Antic from those "without scientific references"). This, according to the Hague Committee, is an "anti-Hague lobby" or "anti-Hague bastion" in Serbia. Their arguments are not legally founded (it is not stated which ones?) but They are political and ideological in nature. concludes – "The anti-Hague lobby is actually anti-legal lobby". In other words, it is not those who violate the Constitution who violate it, but those who defend him.
Because of – according to the Helsinki Committee – the astonishing "perception of the international community and its institutions (the UN Security Alliance) as exponents of force over small and medium-sized righteous peoples who have found themselves in the way of their interests" – the assessment that the Security Council, with its Resolution No. 827 of May 23, 1993 for the right to establish an ad hoc court, whose jurisdiction is limited in time and space (as of 1 January 1991), for the territory of the former Yugoslavia. As never before in the past, the Security Council He did not form any court, it was necessary to find some kind of legal basis so that it would not turn out that force does justice"..."The Americans want to have a completely free hand, so that, when it comes to them, they will It is appropriate to qualify something as aggression and then apply sanctions, and then present your engagement, such as the bombing of the southern part of Iraq, as a military intervention. So, as you can see, There is no such thing as aggression at all."2 .
""Whoever wants to be in the government can be in the government.""
n fact, the statements of eminent lawyers and signatories of the initiative to assess the constitutionality of the Federal Decree on Cooperation with The Hague are not only not political and political in nature. ideologically, as the Helsinki Committee claims, are already fully grounded in law. Namely, the initiators and proponents believe that the Decree of the Federal Government is both formally and substantively inconsistent with the The Constitution of the Federal Republic of Yugoslavia, which, as they emphasize, explicitly prohibits the extradition of Yugoslav citizens to foreign courts.
In addition, the Federal Government took over the powers of the Yugoslav Assembly by Decree and violated the principle of the separation of powers into legislative, executive and judicial. Their attitude is The Federal Government has also come under the jurisdiction of the Senate. The petitioners refer to international treaties, including the International Covenant on Civil and Political Rights, as well as to the European Convention on Human Rights and Freedoms. The judgment of the European Court of Human Rights from 1979 was mentioned. The Court assessed as a violation of human rights any extradition of its own citizens the foreign courts. In order to cooperate with the International Criminal Court in The Hague, it is necessary to first amend the Constitution. "If this regulation is not unconstitutional," said a prominent Belgrade Lawyer, the basic order is that all professors who do not teach children that the decree changes constitutions and laws should not be at the faculty, and whoever wants can be in the government..
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1 ). "Self-isolation: Reality and Goal", Annual Report of the Helsinki Committee for Human Rights in Serbia, Serbia 2007,86.
2 ). Costa Chavoshki, "Hug vs. Truth", 1998..
