De la querella presentada por Ramsey Clark, ex fiscal general de Estados Unidos por crímenes de guerra contra la OTAN: Lista de las violaciones de las leyes internacionales cometidas con la agresión contra Yugoslavia
Chapter 14. Violation of International and Domestic Laws and Conventions
By Milos Petrovic
The North Atlantic Treaty Organization (NATO) attacked the Federal Republic of Yugoslavia (FRY) on March 24, 1999. NATO is an alliance of 19 countries: the United States of America (USA), Canada, The United Kingdom (UK), Federal Republic of Germany, French Republic, Italy, Republic of Turkey, Spain, Hellenic Republic (Greece), Kingdom of Norway, Kingdom of Denmark, Belgium, Grand Duchy of Luxembourg, Iceland, Republic of Poland, Czech Republic, Republic of Hungary, Portugal, and the Netherlands.
The Federal Republic of Yugoslavia is a federation of two Republics - Serbia and Montenegro, and is a legal successor of the Socialist Federal Republic of Yugoslavia (known as the "former Yugoslavia").
The stated aim of the NATO operations was to prevent alleged human rights violations in the region of Serbia called Kosovo and Metohija. Even without questioning that aim, we can say that NATO violated a number of international and domestic (of individual NATO countries) laws and conventions, not only by starting such an operation and by the actions it took during the operation, but also by stating the aim itself.
NATO’s aggression is a violation of the Article 2 of the UN Charter that prohibits the interference in the domestic jurisdiction of any state and the use of force against the sovereign state where it has not committed aggression on other states. Yugoslavia did not attack any state outside its sovereign borders. An attack on a sovereign state can occur only under the sanction of the Security Council of the United Nations (UN) and under extremely particular conditions. Not only were those conditions inapplicable to Yugoslavia, but also the Security Council never sanctioned NATO’s use of force.
It is a violation of Article 33 of the UN Charter, which states that the parties to any dispute shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, or other peaceful means of their choice. NATO and the US never explored non-military means.
It is a violation of Article 37 of the UN Charter, that states that, should the parties to a dispute of the nature referred to in the Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council. NATO tried by all means to avoid the Security Council before, during and after the aggression.
It is a violation of Article 39 of the UN Charter that states that the Security Council (not NATO, or any other alliance or individual state) shall determine the existence of any threat to peace, breach of peace, or act of aggression and shall make recommendations, or decide what measures shall be taken.
It is a violation of Article 41 of the UN Charter that states that the Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the UN to apply such measures. The Security Council did do that.
It is a violation of Article 42 of the UN Charter that states that the Security Council is the only body that can consider operations by air, sea, or land forces of Members of the UN.
It is a violation of Article 51 of the UN Charter that protects the civilian population.
It is a violation of Article 79 of the UN Charter that protects journalists.
It is a violation of Articles 1 and 7 of the NATO’s own Charter that claim it is a defensive organization and is only committed to force if one or more of its members are attacked. They also claim the Treaty’s consistency with the UN Charter. No member of NATO was attacked. NATO ignored the UN Charter.
The so-called Rambouillet "Agreement" written and put out by NATO (and which Yugoslavia did not sign) is a violation of Articles 51 and 52 of the 1980 Vienna Convention on the Law of Treaties which forbids coercion and force to compel any state to sign a treaty or agreement. Not only that the "Agreement" was purposely written in such a way as to "invite rejection" by Yugoslavia, but Yugoslavia was asked to sign the Rambouillet "Agreement" under threat of bombing which was realized by two and a half months of savage aggression.
The Rambouillet "Agreement" is a violation of the Helsinki Accords Final Act of 1975 which guarantees the territorial frontiers of the states of Europe.
NATO violated the 1949 Geneva Convention Relative to the Protection of Civilian Persons in time of War that prohibits deliberate attacks on civilians. It also violated the 1977 Geneva Convention, and the 1899 and 1907 Hague Conventions, which repeatedly confirmed in their appendixes a principle of the law on war which provides that military operations should not target and kill civilians. (See "Destruction of Environment," "Destruction of Health Care," "Destruction of Agriculture," "Destruction of Civilian Infrastructure")
NATO violated the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction from 1997. It is worth noting that the US is the only country in the world, together with Turkey - a NATO member, that refused to ratify this Convention. (see "Illegal Weapons")
NATO violated the UN Resolution from 1996 that condemns the use of Depleted Uranium. (See "Illegal Weapons")
It violated the 1976 Convention on the Prohibition of Military or Other Hostile Use of Environmental Modification Techniques, and the 1977 Protocol I Additional to the Geneva Conventions which states that care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage, and prohibits the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population. NATO also violated the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol on Substances that Deplete the Ozone Layer, and the UN Framework Convention on Climate Change. (See "Destruction of Environment," "Destruction of Agriculture")
NATO violated the Convention on the Cooperation in the Field of the Protection and Sustainable use of the Danube River. (See "Destruction of Environment")
It violated the Convention on the Protection and Use of Transboundary Waters and International Lakes. (See "Destruction of Environment")
It violated the Barcelona Convention on the Protection of the Mediterranean Sea against the Pollution. (See "Destruction of Environment")
It violated the Convention on Transboundary Pollution of Atmosphere. (See "Destruction of Environment")
It violated the Ramsar Convention, a treaty providing a framework for international cooperation for the preservation and wise use of wetland ecosystems. (See "Destruction of Environment")
It violated the Convention on the Conservation of European Wildlife and Natural Habitats. (See "Destruction of Environment")
It violated the Convention on Conservation of Migratory Species of Wild Animals. (See "Destruction of Environment")
It violated the Basel Convention on Transboundary Movements of Hazardous Wastes and their Disposal. (See "Destruction of Environment")
NATO violated the Convention on Bacteriological (Biological) and Toxic Weapons, and on their Destruction. (See "Destruction of Environment")
NATO violated the principles of the Rio Declaration on the Environment and Development, adopted at the UN Conference on the Environment and Development in 1992, that declares that states shall respect international law which enables the protection of the environment during war conflict. The US was the only county that decided not to sign the Declaration. (See "Destruction of Environment")
It violated the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, which the US failed to ratify. (See "Destruction of Cultural and Historical Sites")
It violated the 1972 UNESCO Convention Concerning the Protection of World Culture and Natural Heritage. (See "Destruction of Cultural and Historical sites," "Destruction of Environment")
NATO violated the Convention on the Prevention of Crimes Against Internationally Protected Persons including Diplomatic Persons adopted in 1973, and the Vienna Convention on Diplomatic Relations adopted in 1961.
By openly trying to undermine the Yugoslav government, at the possible cost of provoking a civil war, and by openly trying to assassinate the Yugoslav leadership, NATO violated Geneva Convention of 1949 and the Helsinki Accords.
NATO violated a substantial part of the Nuremberg Judgments, directed at Nazi war criminals, which held that the ultimate crime in international law, the ultimate war crime - which carries with it every crime that may be committed in the war - is launching an unprovoked attack upon another state.
Also, each of the NATO countries violated their domestic laws and constitutions. So, for instance, none of the countries had a vote in their Parliaments to discuss and sanction the deployment of troops and the war on Yugoslavia. None of the NATO governments proclaimed war on Yugoslavia, and NATO itself did not proclaim war on Yugoslavia, which made their actions against Yugoslavia illegal even before they begun.
Germany made a double violation of its constitution – not only did it not proclaim the war, but it ignored a very clear clause which forbids the country to engage in a military action outside of its borders. After 50 years, Germany ended its military silence.
The US also failed to respect its Constitution. It ignored Article 1, Section 8, Clause 11, which requires the Congress to approve a military action of the US Army outside of the country’s borders. When the US President went to war (never proclaimed or approved) without consulting with the joint chiefs, he violated Article 2, Section 2, Clause 1. The US violated the War Powers Act from 1974, which says that the President of the US must pull out the US Army troops from a military conflict outside of the US after 60 days, unless the Congress votes differently. The US troops stayed two and a half months in the conflict. Congress never voted. By trying to conspire and/or engage in assassinating the leaders of Yugoslav Government, the US Government violated Executive Order 12333.
By putting the mainstream electronic and other media in the service of war, to protect the Government’s interests and the interests of the multinational capital, by openly demonizing the Yugoslavs, who never had a chance to redress their grievances – in public or in the courts, and by never allowing the "public discussion" to go beyond the very carefully drawn borders of acceptable descent, the US government violated the First Amendment of the Constitution. By bombing the Radio-Television of Serbia (RTS) – its transmitters, but also its buildings that housed hundreds of Yugoslav and foreign journalists, and by illegally putting it off air on the satellite, NATO "democracies" showed how much they care not only about the human lives, but about the right of people to be informed, and the freedom of speech. (See "Destruction of Yugoslav Media")
NATO has argued that the attack on Yugoslavia was justified under the 1948 Genocide Convention and other humanitarian principles, as well as under the UN Charter Articles 1, 2, and 55, which speak of self-determination of peoples.
NATO actions cannot be justified by the Genocide Convention or the mentioned UN Charter Articles. In the case of the UN Articles, they pertain only to decolonization and not to the right to secede from existing sovereign independent states. In the case of the Genocide Convention, NATO ignores the fact that the Security Council is the only power that can sanction any action taken. NATO did not support the UN Charter Articles and the Geneva Convention – it violated them.