Greek Supreme Judges find NATO Guilty (fwd)

(http://www.zmag.org/judges.htm)

JUDGES BOMBSHELL--VERDICT AGAINST NATO 

Twenty members of the Council of State (Greeces supreme administrative 
court) have issued a statement 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. 

For the first time since the bombing began, Greek judges have taken a 
stand and, citing legal arguments, point out that the NATO offensive 
against Yugoslavia has inaugurated a period of lawlessness in 
international relations, bringing us back to the eras of the Holy 
Alliance and the Axis. In fact, they pointed out that "this attack is 
accompanied by the revival of black 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. NATOs 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 civilisation, 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 
recognised 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 defence of the area defined therein that coincides 
with the boundaries of its member states, and which has expressly 
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 organisation or 
alliance can be placed above the United Nations. 

4. In addition, both the United Nations Charter and all generally 
recognised precepts of international law safeguard the equality and 
sovereignty of all peoples, irrespective of their numbers and power, and 
do not recognise 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 
organisations 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 fulfil 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 peoples 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 organisation that 
is by definition inferior to it can remove or usurp this role. NATO 
cannot abolish international law nor can it produce new, generally 
recognised 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 NATOs 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 recognised 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 
defensive 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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