Indictment: "Citizens of Norway against Norwegian Foreign Minister"
- Date: Mon, 26 Apr 1999 20:07:19 -0400 (EDT)
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Date: Mon, 26 Apr 1999 16:39:53 -0400 (EDT)
From: "colin s. cavell" <cscpo@polsci.umass.edu>
To: WORLD SYSTEMS NETWORK <wsn@csf.colorado.edu>
Subject: Indictment: "Citizens of Norway against Norwegian Foreign Minister" (fwd)
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Date: Fri, 23 Apr 1999 01:09:39 -0400
From: sbmpesic <sbmpesic@worldnet.att.net>
Reply-To: srpska_kultura@4Cbiz.net
To: SRPSKA KULTURA <srpska_kultura@4Cbiz.net>
Subject: Indictment: "Citizens of Norway against Norwegian Foreign Minister"
Resent-Date: Thu, 22 Apr 1999 22:03:02 -0700 (PDT)
Resent-From: srpska_kultura@4Cbiz.net
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____ CP||CKA KY/\TYPA ____ No. 846 Poruka od: sbmpesic <sbmpesic@worldnet.att.net>
We, the undersigned citizens of Norway, have called upon all the parties
and all the peoples involved in the conflict in the former Yugoslavia to
meet their obligation under International Law to bring to justice each and
every individual partaking in Crimes against Peace, War Crimes, and Crimes
against Humanity, and of a Common Plan or Conspiracy to commit those
Crimes, regardless of the individual's nationality, political, diplomatic
or military status.
Recognizing that these crimes are in violation of the Charter of the United
Nations and preceding and pursuant international law,
Convinced of the need to establish that no-one shall be exempt from
international justice,
Aware that current and future implementation of international justice
depends on our moral obligation, as well as our obligation under Norwegian
and international law, to contribute to an impartial, fair and strict
implementation of the letter and spirit of international law,
Concerned that any exception made from these principles may in fact and law
weaken the universal respect for and adherence to international justice and
law, thus justifying and facilitating further breaches of international law,
Hereby submit the following indictment request to the tribunal:
Pursuant to the Agreement of London dated 8 August, 1945; the Charter of
the Tribunal thus established, and subsequent amendments; the Charter of
the International Tribunal for the Former Yugoslavia dated 11 February 1994
and subsequent amendments; the Charter of the United Nations dated 26
February 1945 and subsequent amendments; preceding and pursuant
International Law, we hereby submit, in the respects hereinafter set forth,
of Crimes against Peace and of a Common Plan or Conspiracy to commit those
Crimes, all as defined in these Charters and pursuant International Law,
these Charges,
Accusing as Guilty
Knut Vollebæk,
Foreign Minister of the Kingdom of Norway
and Chairman of the Organization for Cooperation and Security in Europe
It is hereby charged that the accused knowingly, willfully and criminally
used the foregoing positions, his personal influence, and his intimate
connection with political, administrative and military leaders of states
and organizations, the North Atlantic Treaty Organization (NATO), the
Organization for Cooperation and Security in Europe (OCSE) and The Kingdom
of Norway inter aliae in such a manner that:
he promoted the military and economic preparation for war against a
sovereign state, to wit: the Federal Republic of Yugoslavia;
he participated in the planning and preparation for Wars of Aggression and
Wars in Violation of International Treaties, Agreements and Assurances set
forth in the Charges.
Charges and Particulars of Violations of International Treaties, Agreements
and Assurances Caused by the Accused in the Course of Planning, Preparing
and Initiating War
CHARGES:
Instigation of and Preparation for, Planning and Waging of Wars of
Aggression. Violations of the Hague Convention on the Pacific Settlement of
International Disputes. Violation of the Vienna convention on The Law of
Treaties.
PARTICULARS: In that NATO did, before, on or about 24 March 1999, instigate
and implement a war in violation of international treaties, agreements, or
assurances; that the accused in his capacity as member of government and
chairman of OCSE was instrumental in planning, instigating and implementing
of said act.
In that the accused, instead of attempting to settle the dispute by pacific
means, up to 24 March illegally, and by means of coercion and the threat of
military force, attempted to compel a sovereign state to accept an illegal
occupation by foreign military forces, to abandon its sovereignty in
violation of international law, to wit: the accused abused his position as
chairman of the OCSE to enforce upon said sovereign clauses in a treaty
("The Rambouillet Accords") known to him to be unacceptable by said
sovereign's citizens and government. In that the accused at a point prior
to March 24, when it was obvious to him that his capacity as foreign
minister or chairman of the OCSE prevented him from presenting a treaty
draft that would contribute to a pacific settlement of the conflict,
knowingly, willingly and with criminal intent neglected his duty to induct
other parties to submit such solutions that did not presuppose use of
military force. In that the accused falsely, knowingly and willingly
depicted the treaty text as the result of multilateral negotiations, he
instigated and rendered possible hostilities against the territory of a
sovereign state at a point of time when said sovereign refused to endorse
the teary presented to it. In doing so, the accused has violated parts I
and II of the Hague convention on the pacific settlement of international
disputes.
In that this attempt constitutes a coercion of a state by the threat or use
of force and contravenes article 52 of the Vienna convention of 21 March
1986. Despite the fact that the accused was aware that the "Rambouillet
Accords" are rendered null and void by articles 10–15 and 53 of the Vienna
convention, in his capacity as foreign minister and chairman of the OCSE he
was instrumental in planning, instigating and execution of said act.
In that the accused as a member of the Norwegian cabinet willingly,
knowingly and with criminal intent induced armed forces to attack a
sovereign state and wage war against said sovereign; in that he by doing so
violated his duty under articles 1 and 2 of the UN charter, which imposes
upon its members to settle their international disputes within the
principles of justice and international law and by peaceful means in such a
manner that international peace and security, and justice, are not
endangered and to refrain in their international relations from the threat
or use of force against the territorial integrity or political independence
of any state, or in any other manner inconsistent with the purposes of the
United Nations; in that the accused willingly, knowingly and with criminal
intent neglected to let his obligations under the present Charter prevail
in the event of a conflict between the obligations of the Members of the
United Nations under the present Charter and his obligations under any
other international agreement, to wit: Instead of letting the provisions of
the charter prevail, the accused used his capacity as chairman of the OCSE
to fulfill his obligations to NATO and the OCSE. The accused was
instrumental in defying the Security Council's resolutions 1160 and 1199,
which explicitly state that the right to consider further action and
additional measures to maintain or restore peace and stability in the
region lies solely with the Security Council. In doing so, the accused has
defied articles 24, 27, 42 and 103 of the UN charter; in that the accused
knowingly, willingly and with criminal intent was instrumental in the
violation of article 53 of the charter by contributing to enforcement
action under regional arrangements or by regional agencies without the
authorization of the Security Council.
André Savik
Kjellfrid Nome
Geir Furuseth
Kjell Askildsen
Torben Grue
Grethe Wallin Hansen
Stein Georg Kvernberg
Peter Anton Lorentzen
Ole Paus
Asgeir Sunde
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