SATURDAY INTERVIEW / Francis Boyle, a lawyer who has not released their favorite client: Europe and Clinton are in Dayton, I would deliberately in two parts, that would be around 2010. could collapse the two countries
Former legal advisor and counsel the Government of BiH in the negotiations for establishing a peace plan for Bosnia, Professor Francis Boyle, an open discussion of DEPO PORTAL explains why, in his opinion, the amendments to the Dayton constitution, this country can not bring anything good, and warns that Dayton pravljen a period of one - 15 years, which means that our time is leaked
Interviewed by: Quiet Duhaček
The public in Bosnia and Herzegovina know you mostly as a legal representative of the Republic of Bosnia and Herzegovina during the war since 1992. to 1995. year. Do you tell us more about your involvement in this period?
Yes, I was the legal representative of the Republic of Bosnia and Herzegovina, and all of its citizens. In December 1992. I sent a memorandum to the Bosnian government, in which I have proposed action to the International Court of Justice in The Hague against Yugoslavia, Russia, Britain and France for failure to prevent genocide in Bosnia, and because the Bosnians have introduced an embargo on arms. I went to New York so I was on the Bosnian delegation to the Vance-Owen negotiations, where I was her counselor. After that I went to the International Court and filed a lawsuit against Yugoslavia for genocide committed against Bosnians of all, not only against Muslims. Muslims are the biggest victims were, but my responsibility was to represent all the Bosnians, especially those who have remained loyal to the Republic of Bosnia and Herzegovina. As you know, among them were many Bosnian Serbs. Of course, Milosevic was not paying attention to this complaint and I knew that this would be the case. But I thought that Security Council action to accept, that the UN had the right to do. However, the Security Council refused. Radovan Karadzic refused to sign the Vance-Owen plan, and the Bosnian government accepted it, but the great powers decided to punish the Bosnians - who were the victims - and the elimination of BiH as a state.
The Bosnian government has given me the authority to try to negotiate an alternative Owen-Stoltenberg plan. My advice is to take as a model of the Swiss political system, however, Owen and Stoltenberg and their lawyers have refused to negotiate, because their plan was to completely destroy Bosnia. They refused to accept any compromise, and the suggestion that B & H is reorganized on the model of Switzerland. |
Then the order came to Owen-Stoltenberg plan ...
So they came to the Owen-Stoltenberg plan, which envisaged that BiH is riven by the state of the three could not possibly survive, all with the aim to destroy the BiH statehood under international law and its membership in the United Nations, and to be more 1.5 to two million Bosnians subjected to ethnic cleansing. Until that moment, in the spring 1993rd year, but the two million Bosnians were subjected to ethnic cleansing. Owen and Stoltenberg arrived to complete the job. In doing so, we must not forget that Owen represented the European Union and all Member States, and Stoltenberg, the United Nations. Once again I have renewed a lawsuit against Russia, Britain and France, would not be all that finally stopped in the end, but unfortunately without success. We were given instructions from the Presidency of BiH to go back to the Tribunal and to bring an action against Yugoslavia, which I did. I spent the whole day at the UN headquarters in New York, where I'll personally threatened to sue all the permanent members of the Security Council, then I flew to The Hague and has requested an urgent meeting of the International Court of Justice, with a request to stop the Owen-Stoltenberg plan and lift embargo the weapon. The next day I flew to Geneva as a lawyer throughout the delegation of the Republic of Bosnia and Herzegovina, which were not only the ruling, but all opposition parties. I was a lawyer for all of them at that time. All of the Bosnian political leaders were there. I personally provide generally that the Owen-Stoltenberg plan never adopted.
Can you explain specifically how it stopped Owen-Stoltenberg plan?
I sabotaged everything, that's for sure. The Bosnian government has given me the authority to try to negotiate an alternative Owen-Stoltenberg plan. My advice is to take as a model of the Swiss political system, however, Owen and Stoltenberg and their lawyers have refused to negotiate, because their plan was to completely destroy Bosnia. They refused to accept any compromise, and the suggestion that B & H is reorganized on the model of Switzerland. Of course, in Geneva I prevent this to happen, and flew to The Hague in order to discuss interim measures to protect the Bosnians. The International Court I overwhelmingly won the case, virtually forbidding Owen-Stoltenberg plan because it was a genocide. Then I returned to Geneva in order to again meet with the Bosnian delegation, which was still there and then I told them it was time to sue the UK. They were the worst ... We had to do to try to stop further splitting of BiH and to try to abolish the embargo on arms.Finally, then-president Alija Izetbegovic has authorized me to sue the UK.
I wrote a memorandum to the Bosnian Government and Parliament, explaining to them the consequences Holbrookeovog plan. I did everything that was in my power to stop it and I kept trying to persuade the Bosnian authorities to give me authorization to return to the International Court to stop the massacre in Srebrenica and Zepa, but they did not give me the authority to do so. You can not even imagine how hard I try I get the authorization of a foreign government to halt the massacre Sarebrenici and Zepa, but I got nowhere. Then they dropped the Srebrenica and Zepa ... |
However, it never happened ...
Everything was ready for hearing at the Tribunal, to which I am accused Britain of aiding the genocide against the inhabitants of Bosnia, however, the British threatened the Bosnian government that they will cut all transportation of food in Bosnia and Herzegovina, if I be allowed to sue them. At that time, the food is imported through the military base under the control of Americans to the Sarajevo airport, which was controlled by British and French troops.Under these circumstances and bearing in mind that this was an extremely difficult winter 1993rd year, the Bosnian government was forced to withdraw a lawsuit against Britain. When I withdrew the complaint, I told the Tribunal that this was done under threat and that B & H reserves the right to sue Britain in the future. So, if I ever decide to sue the UK, she can still do.
You vehemently fought against the adoption of the Washington Agreement, and subsequent declarations, which it says are the stubborn division of BiH. What is this all proposed?
And then Holbrooke came to the Washington Agreement, which was designed to divide Bosnia into two instead of three. I wrote a memorandum to the Bosnian Government and Parliament, explaining to them the consequences Holbrookeovog plan. I did everything that was in my power to stop it and I kept trying to persuade the Bosnian authorities to give me authorization to return to the International Court to stop the massacre in Srebrenica and Zepa, but they did not give me the authority to do so. You can not even imagine how hard I try I get the authorization of a foreign government to halt the massacre Sarebrenici and Zepa, but I got nowhere. Then they dropped the Srebrenica and Zepa ... Then followed the New York Declaration and the Geneva Declaration, and all were directed towards the fission of BiH. That first draft was adopted by the Dayton agreement Holbrooke gave the Bosnian delegation, it would mean de jure splitting of Bosnia into two mini-states which could not possibly survive. Bosnia would likely be destroyed as a state, and these two small states would be called the Federation and the Serbian Republic. The fact that I pointed out the delegation of Bosnia and Herzegovina and they have rejected the draft.
In the end, however, Bosnia is divided into two parts - not physically, but it essentially?
And just when Milosevic was in court should tell you all about their private relationships with all these international leaders - Vance , Owen, Stoltenberg, Clinton and all the others - died in the grave with him took all the secrets. I monitored the situation, hoping that he will discover that all of these international politicians got permission to carry out his genocidal plan, so I could use that fact in the process on behalf of the organization Mothers of Srebrenica and the Drina valley. However, unfortunately, was not the case, but I still follow the process against Karadzic and Mladic to see what the evidence come to light. Karadzic and Mladic know too much, and Milosevic knew everything.And that he died, he revealed to all. |
What happened at the negotiations in Dayton, where I am, otherwise, I have participated? It happened that the Republic of Bosnia and Herzegovina de facto split into two states, which at that time even the Pentagon admits that it will begin a gradual disintegration of Bosnia, which will last about 15 years - until the goal is not reached. In my opinion, the Dayton constitution is completely unconstitutional. It was imposed on the Bosnian side. At that point I could not do anything, when Dayton was unconstitutionally implemented. At that time I represented pro bono organization Mothers of Srebrenica and the Drina valley and started the process at the International Criminal Tribunal for the Former Yugoslavia, finally ubijedivši Carla del Ponteaccuses Milosevic to the crimes contained in any statute of the ICTY, as well as two counts of genocide charges : one related to genocide throughout the country, and the other on the genocide in Srebrenica. It is therefore destined to ICTY. And just when Milosevic was in court should tell you all about their private relationships with all these international leaders - Vance , Owen, Stoltenberg, Clinton and all the others - died in the grave with him took all the secrets. I monitored the situation, hoping that he will discover that all of these international politicians got permission to carry out his genocidal plan, so I could use that fact in the process on behalf of the organization Mothers of Srebrenica and the Drina valley. However, unfortunately, was not the case, but I still follow the process against Karadzic andMladic to see what the evidence come to light. Karadzic and Mladic know too much, and Milosevic knew everything. And that he died, he revealed to all.
Whether we can point to some specifics on which they differed among themselves all these so-called. Peace plans?
Vance-Owen plan was basically made so that his goal was to completely paralyze the country as RBH. This plan was made on the basis of the Vance Plan, which was made in Lebanon, which at that time was in the Civil War, and that plan has not been successful. However, the Vance-Owen would not technically destroy the Republic of Bosnia and Herzegovina. Framework of the state would remain, but the government was completely paralyzed, so you could not do anything. When I went to the Tribunal after that, the Israeli attorney who represented Yugoslavia - since then, relations of Yugoslavia, ie Serbia and Israel were and still are, very close -Shabtai ROSENN advocated the view that the Vance-Owen Plan virtually put an end to existence of the Republic of Bosnia and that therefore no legal basis for complaint, because it does not exist as a state. My argument was that the Vance-Owen plan, in fact, represent an internal reorganization of Bosnia and that is not destroyed as a state. I was then ambassador to the International Court of RBH, with letters that have ambassadors. International Court fully agreed with me and we rejected the argument that the Vance-Owen plan destroyed as a state. But what happened when Karadzic rejected the Vance-Owen plan, and the Europeans have rejected proposals to Clinton and Warren Christopher to move to the principle of "lift and strike", as Clinton promised in his campaign to be re-elected president? Then they all just decided - okay, then we can get rid of BiH. That was what they decided. This was a joint decision of Clinton, European Union, the United Nations ... Then they came to the Owen-Stoltenberg plan.
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What happened when Karadzic rejected the Vance-Owen plan, and the Europeans have rejected proposals to Clinton and Warren Christopher to move to the principle of "lift and strike", as Clinton promised in his campaign to be re-elected president? Then they all just decided - okay, then we can get rid of BiH. That was what they decided. This was a joint decision of Clinton, European Union, the United Nations ... |
How are all these peace plans going to the destruction of Bosnia as a state?
Vance was aware that this genocidal project, and therefore resigned. Owen, former British Foreign Minister, took over everything. You know, the British have got used to being exterminated people, that they share and it does not bother them. They made it to Palestine, Ireland, India, and then they planned to do in Bosnia. Owen thought that he might bring the Nobel Peace Prize, and was recruited Stoltenberg of Norway. I got a copy of the Owen-Stoltenberg plan, which has leaked through the State Department, and until I came across people who are strongly supportive of BiH and who have fought vigorously against that what Christopher is intended to do. When you read this document, you realize that he is worse than the Vance-Owen plan. In contrast to the Vance-Owen plan, the Owen-Stoltenberg plan was intended to destroy Bosnia as a state in full and split into three small states. It is clear that these three small countries would never have survived. In addition, the Owen-Stoltenberg to cancel the membership of BiH in the UN. In fact, their lawyers have admitted this to me - I have documented evidence of this at the Tribunal and I have witnesses - they knew that the only thing that keeps Bosnia in life is to join the UN, we received in May 1992. Yes we lost to the membership, our fate would be the same as the Jews 1939th They wanted to destroy our statehood. And the State Department's assessment that the war continued, another 1.5 to two million Bosnians were subjected to ethnic cleansing. In fact, the whole country would be turned into Srebrenica. This would happen ... Then and Franjo Tudjman , after meeting with Milosevic in the International Terrorism, led by their war against Bosnia. He was given command of the HVO in to join the war, as the Croatian army sent to invade Bosnia. Approximately 5,000 Croatian troops, together with HVO, attacked Bosnia. At trial, the HVO General Blaskic before the International Tribunal for Crimes in former Yugoslavia, where I participated as a witness-expert, the prosecution stated that the Vance-Owen plan was a green light for Tudjman to invade Bosnia. When this happened, I kept the Presidency sought to sue the International Court of Croatia, but I never got approval. I do not know why, but I did not. In the spring of 1993rdled to a war on two fronts, with Yugoslavia on the one side and Croatian on the other. When it appeared Owen-Stoltenberg plan - which has been designed so that half of Bosnia, as they already had, Yugoslavia belong to Herceg-Bosna and the corresponding Tudjman of Croatia and the Muslim states which remained to be cleared quickly - I went to the UN headquarters , where I spent the whole day explaining the situation to ambassadors, hoping to hear me. Then I met with all nonaligned members of the Security Council and explained to them what was happening, because they were lied to lawyers of the UN. Lawyers UN abandoned and betrayed every principle of the United Nations. You must understand, at least during the Owen-Stoltenberg plan, the entire UN bureaucracy, and all their lawyers were against Bosnia, they would be destroyed only they could. It's the same with the European Union and their lawyers - even they could not be trusted.
You said that the Washington Agreement, and prior agreement in Dayton, itself contained provisions designed to Bosnia was divided de facto? Is it already in the Washington Agreement of BiH was divided on the principle of 51:49?
Yes we have lost membership in the UN, the fate of us would be the same as the Jews 1939th They wanted to destroy our statehood. And the State Department's assessment that the war continued, another 1.5 to two million Bosnians were subjected to ethnic cleansing. In fact, the whole country would be turned into Srebrenica. |
Yes. Washington Agreement made by American lawyers in the English, and previous documents were made lawyers UN. I made a memorandum of the Washington Treaty for the Parliament of BiH.Parliament of RBH I explained that Holbrooke, as the creator of this agreement, decided that Bosnia does not split into three states, but that is divided into two states. One is called the Federation, and other Serbian Republic. It was his idea. At the time of the Washington agreement, it was March 1994. years, people from the Pentagon said that "it is what is actually happening is splitting Bosnia into slow-motion, for what will take about 15 years." The goal was to create a state that has no chance to survive and which will eventually disintegrate and divide between the Yugoslav and Croatian. I released the ambassador of the International Court just before the Washington agreement, so that, legally, my hands were tied. At that time, I did not have the legal power to stop the signing of this agreement. I tried that the UN and the Europeans do not divide Bosnia, and because the British demanded that I be released. I used all the power I had as a lawyer who represented Bosnia at the International Court. So they put pressure on the BiH authorities, threatening them, it would die of hunger ... But when you read the Washington Agreement, it is clear that it made Holbrooke, who came to Bosnia immediately after the massacre at Markale. Until then, Clinton became aware that the Europeans can not divide Bosnia, and that can not be resolved, and he realized that he would personally have to do it. Therefore, it is sent by Holbrooke, who is a whole 'show' took over from Owen, Stoltenberg, the UN and the Europeans.
At the time of the Washington agreement, it was March 1994. years, people from the Pentagon said that "it is what is actually happening is splitting Bosnia into slow-motion, for what will take about 15 years."The goal was to create a state that has no chance to survive and which will eventually disintegrate and divide between the Yugoslav and Croatian. |
Here the people Clinton and the U.S. celebrated as saviors of BiH, as someone who has stopped their partition. However, you are saying that they were also involved in the process of division of Bosnia and Herzegovina?
That's right. Holbrooke's plan was not as bad as the Owen-Stoltenberg, but was designed so that in about 15 years Tudjman and Milosevic get Bosnia. The plan was to create a state that does not work, authority that is not working and that will collapse and fall, so will the division be carried out peacefully. It was Holbrooke's plan.
Are the Washington Agreement in the United States gave any guarantee that Bosnia can not be dissolved under international law?
Nowhere were no written guarantee. There was a Security Council resolution that affirmed the territorial integrity of BiH, but it meant nothing, because the Security Council refused to enforce. Just as they refused to apply the two court decisions that I got. They sacrifice imposed an embargo on arms, BH Army can not defend Bosnia. There were no guarantees for anything.
And how are things with the Dayton agreement, which still is an international agreement? Whether it is a guarantee for the preservation of Bosnia? It protects you from the aggression on Bosnia and internal decay?
This is true in the sense that he now can prevent the invasion of Serbian and Croatian, but is designed so that state and government set up in such a way that they do not work. It allows internal dissolution. You should also pay attention to timing. As I said at the time of negotiations vašingtonskih Pentagon has said that the slight dissolution of BiH need around 15 years. Fifteen years after Dayton, 2010. year, held general elections in BiH.What happened after these elections? Fourteen months ago the government was not established. This is exactly what the Pentagon, Holbrooke and the U.S. government planned. The disintegration of power came at a time, just in time when planned. Dayton is designed to facilitate this process, to assist the disintegration and dissolution of the state, not to be a guarantee that the breakup will never come. However, he protects the country against attack Serbian and Croatian. Essentially, the plan was that citizens will at one point up on Bosnia and say: "Obviously this is not working."
Do you think that the Dayton agreement would mean the ultimate end of the Republic of Bosnia and Herzegovina and its Constitution?
Fifteen years after Dayton, 2010. year, held general elections in BiH. What happened after these elections? Fourteen months ago the government was not established. This is exactly what the Pentagon, Holbrooke and the U.S. government planned. The disintegration of power came at a time, just in time when planned. Dayton is designed to facilitate this process, to assist the disintegration and dissolution of the state, not to be a guarantee that the breakup will never come. However, he protects the country against attack Serbian and Croatian.Essentially, the plan was that citizens will at one point up on Bosnia and say: "Obviously this is not working." |
The Constitution of the Republic of Bosnia and Herzegovina for which I fought as a lawyer I never valid and has not been repealed by the law still exists. We have tried to restore the Constitution of the Republic in the municipality of Srebrenica and the Drina. Thanks to their boards, we gathered there, and voices to the Constitution RBH again came to life in this area. But it happened that Tihicwent there and made a strong pressure on the people to vote against the CDA. Silajdzic also went there and people strongly pressed from SBiH to vote against it. When the order came to vote, we lost. So, we tried to revive the Constitution of the Republic of Bosnia and Herzegovina, but we failed. Recently, on my account came accusations by individuals from the Bosnian diaspora that I apparently gave up the defense of the Constitution of the Republic of Bosnia and that I why I released the Republic of Bosnia and Herzegovina. On this occasion I must point out that the BiH authorities I have never paid a cent for the business that I made.Actually, it was costing me $ 30,000, which I gave in my pocket so I can get those two judgments in Bosnia before the International Court of Justice in The Hague. When I asked the BiH diaspora in the U.S. to help me collect the money, they did not collect a single cent. At the end of a Bosnian woman, who lives in Canada, has placed a mortgage on your house to pay this debt. But when it comes to the Constitution of RBH, what is the alternative now? Can we try to reclaim the Constitution? Or should we turn to something else?
In a few years, those results are constantly talking about the need to carry out reform of the Dayton constitution through amendments - April package of constitutional amendments, the amendments related to the case of Sejdic-Finns. Is it possible to improve by Dayton amendment?
It is clear that the new government, Lagumdzija and Tihic, want to return to the April package, which is actually a continuation of the Dayton genocide. No way to Dayton in any way it can be improved, because Dayton is designed to rid Bosnia and Herzegovina as a state. So it was Holbrooke raised in this way. What you are trying to change it more amendments, will be even worse. This document is genocidal. Such is the case with the amendment on Brcko. I Silajdzic advised not to vote for this amendment, but he still is. Even the later Tihic said Dodik got Brcko. Simply, you can not continue to work within the Dayton because he designed to destroy Bosnia. This brings us to the April package. In the autumn of 2005. years, SDA has asked me to look at the April draft of the package, because Tihic then should go to the State Department. Although I Tihic advised that no chance to accept this package, to my surprise, he was accepted. In the end it turned out that the April package eventually dropped due to the Party for BiH, on the basis of which she won the elections.
That was adopted April package, Serbian Republic would gain greater authority and power in relation to the central government in Sarajevo, but it now has. In April package states that BiH Parliament should simply be disbanded unless the Council of Ministers have been elected after three rounds of voting.There is no provision as and when Parliament can again be established. And then there is no Chairman, as the April package, and what should be elected indirectly, in the Parliament.And then all the power gets more and Serbian Republic there is no central authority. April package would be the next step towards the eventual dissolution of BiH. |
Tihic and Lagumžija more than five years to repeat the huge loss for Bosnia that has not adopted April package. Many have embraced this opinion, though almost no one saw the April package, because it was never presented to the public, but only a narrow circle of party leaders. What is actually the April package and why, in your opinion, he should never be adopted?
That was adopted April package, Serbian Republic would gain greater authority and power in relation to the central government in Sarajevo, but it now has. In April package states that BiH Parliament should simply be disbanded unless the Council of Ministers have been elected after three rounds of voting. There is no provision as and when Parliament can again be established. And then there is no Chairman, as the April package, and what should be elected indirectly, in the Parliament. And then all the power gets more and Serbian Republic there is no central authority. April package would be the next step towards the eventual dissolution of BiH. April package I received in the English language and I think it was never translated into Bosnian. I was literally shocked when I heard that Tihic accepted this plan the State Department. Due to this fact, I was compelled to run his own campaign against the adoption of the April package, because it made the State Department lawyers who created the Washington and Dayton agreement.Who they kidding? The next day, after the April vote on the package, I saw that two members of the CDA did not obey commands Tihic and yet they voted against. Look, even without the April package BiH was 14 months without power. Imagine if adopted, BH would have neither the Parliament nor the Presidency! All the power would have the Serbian Republic. They simply declared independence and joined to Serbia. I was never on the Drina, but if I understand what I read, there is no real limit. It is so laid Holbrooke. So he sacrificed Srebrenica and Zepa to Serbia is bordered with RS on this whole stretch. Amendment of Brcko also gave them Brcko. If they were really serious about that RS does not become an independent and not join Serbia, they never would have given the Brcko. RS would then be cut into two parts and would be forced to join the rest of Bosnia.Dayton is the machinery of death and genocide in Bosnia. You can not mess with Dayton and the April package, you need a completely new constitution.
How would your opinion, should look like this new constitution, if there is political will for the will of its adoption?
I suggested as an example of the U.S. Constitution, which was formed in Philadelphia. Because the U.S. Constitution had before our war for independence, but he was not functioning. The Central Government towards it had no powers. You had 12 poludržavica and a government that did not have any power. So they all gathered in Philadelphia and created a new Constitution for which they thought would provide a more efficient central government. As a result, after several months of working in secrecy, a new constitution, a constitution that is still alive. I take it as an example that Bosnia should follow. Should organize a constitutional convention for the whole of Bosnia, bringing together all political parties, experts, representatives of civil society. And instead of a hand with a draft, it should be raised by a member of a member of a future constitution. The U.S. Constitution that should be used only as an example, not as a model. It would be a difficult process, but would be paid. And if you do and say that Americans have only followed their example - how will they be able to make a complaint?
Should organize a constitutional convention for the whole of Bosnia, bringing together all political parties, experts, representatives of civil society.And instead of a hand with a draft, it should be raised by a member of a member of a future constitution. The U.S. Constitution that should be used only as an example, not as a model. It would be a difficult process, but would be paid. And if you do and say that Americans have only followed their example - how will they be able to make a complaint? |
After 14 months, has finally received the BH Council of Ministers. Despite this, some think that the final dissolution of BiH has already begun. What do you think about it - whether BiH, however, survive?
As I said, predicting that the U.S. was to Bosnia after Dayton to live another 15 years. Just in the last election are filled those 15 years and we saw what happened - 14 months, no government could be formed. Fortunately, you have finally managed to form a Council of Ministers. This is a good side. But 14 months before your eyes, the state was collapsing. I came up with an alternative, I hope you would and Mr.Dodik is understood and accepted - because why would he become a puppet of Boris Tadic ? When he joined Serbia, would be a small fish in a big lake. He can remain in place and be a big fish in the lake in mid-sized independent state. I have never met Dodik, but I would prefer to accept, but Tadic's going to lick your shoes. You need to do it, otherwise - the state will continue to disintegrate as planned and Holbrooke. (DEPO York Times)
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