
HERE IS THE STATEMENT OF GREECE'S SUPREME ADMINISTRATIVE COURT:
Twenty members of
the Council of State (Greece's 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. 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 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 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 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 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
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.
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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.
The Statement can
also be found at
http://www.zmag.org/judges.htm