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APPEAL TO THE GOVERNMENT AND THE PRESIDENT OF SERBIA *
In the case of establishment of the Tribunal for war crimes in the former Yugoslavia, it was apparent that a precedent has been made when resolutions of the United Nations Security Council (808. and 827.) in 1993 established a new provisional organ with the broad judicial competences. These acts were based on the UN Security Council Resolution 777(1992) and the UN General Assembly Resolution 47/1(1992), and on the assumption that former state (Yugoslavia) as a UN member ceased to exist. In our view, since UN Security Council does not have necessary judicial or legislative legal-setting (norm-creating) functions and powers, and since UN Security Council Resolution 777(1992) and the UN General Assembly Resolution 47/1 (1992) can not alter the basic rights of a member state (FRY), UN Security Council Resolutions 808/1993 and 827/1993 establishing the Tribunal (as an organ of the UN Security Council) represent an ultra vires act of the United Nations. It is apparent that UN organ, such as UN Security Council, can not confer more powers to the other organ (Tribunal for war crimes), than those it has itself, provided by UN Charter. For these reasons, we appeal to the Government of Serbia and the President of Serbia to request that the following Draft Resolution be placed at the next Session of the UN General Assembly:
DRAFT RESOLUTION
The General Assembly,
Considering the Article 2 of the Charter of the United Nations,
Considering the functions and powers in the Chapter VII of the Charter of the United Nations,
Considering the General Convention on the Privileges and Immunities of the United Nations of 1946, and, in particular, the legal character of Article 1 and Article 8 (30),
Taking note that a difference in the legal interpretation of the Charter of the United Nations has arisen between the Serbia and the United Nations over the legality of the establishment of the Tribunal for war crimes in the former Yugoslavia,
Considering the Article 96 of the Charter of the United Nations,
For the purposes to determine whether by the delivered United Nations Security Council Resolutions 808 (1993) and 827(1993), United Nations Security Council has made an ultra vires act(s) in execution of functions and powers not expressly provided for in the United Nations Charter,
And for the purpose to determine further course of action,
Decides to submit the following legal question to the International Court of Justice:
Are the resolutions of the United Nations Security Council 808 (1993) and 827 (1993) legally in accordance with the Article 2 of the Charter of the United Nations and provisions of Chapter VII of the Charter of the United Nations?
* Made by the joint team headed by dr. Igor Janev, Senior Researcher at the Institute for Political Studies (Institut za političke studije), Belgrade, Serbia, web posted: 22. 10. 2007.
Kako shto ednas kazha Igor Janev: Grcite ne pravat maloletni koga ni stavaat Imeto. Ako nemame roditelite, nie sme kopilinja! Imame, demek, samo kumovci. Roditelite nemozhat da se dogovoraat za Imeto. Tie se skarani i ne se vo BRAK. Drzavata rodena nadvor od BRAK e kopile. So kopilanijsko Ime na drzavata, sakaat da khazat deka sme KOPILJANSKI narod. Mozhe li da postoji pogolema navreda?
Appeal for Prompt Action of the President and the Government of Republic of Serbia
We appeal* to the President and the Government of Republic of Serbia to challenge responsibility of United Nations Secretariat before International Court of Justice, for not annulling the decision of independence of Kosovo. We appeal that the following Draft Resolution promptly be placed at the (Special) Session of the General Assembly of the United Nations:
DRAFT RESOLUTION
The General Assembly,
Considering the Article 2(1, 4, 7) of the Charter of the United Nations,
Considering the Article 4 of the Charter of the United Nations,
Considering the Article 104 of the Charter of the United Nations,
Considering the United Nations Security Council Resolution 1244,
Considering the functions and powers of the United Nations Secretariat provided for in the Charter of the United Nations,
Considering the General Convention on the Privileges and Immunities of the United Nations of 1946, and, in particular, the legal character of Article 1 and Article 8 (30),
Taking note that a difference in the legal interpretation of the Charter of the United Nations has arisen between the Serbia and the United Nations Secretariat over the legality of not discharging responsibility for annulling decision of provisional organs on Kosovo for independence,
Considering the Article 96 of the Charter of the United Nations,
For the purposes to determine whether by the non-acting in annulling the mentioned independence of Kosovo, United Nations (Secretariat) has violated its duties enshrined in the Charter of the United Nations,
And for the purpose to determine further course of action,
Decides to submit the following legal question to the International Court of Justice:
Has the United Nations (Secretariat) violated its duties enshrined in the Charter of the United Nations in non-acting in annulling independence declared by provisional organs of Kosovo?
(Furthermore we strongly urge Serbian government to initiate United Nations General Assembly Resolution in which member states of the United Nations will be requested not to recognize Kosovo, until Advisory Opinion of International Court is delivered, and the General Assembly of the UN act accordingly.)
* Made by the joint team headed by dr. Igor Janev, Senior Researcher at the Institute for Political Studies (Institut za političke studije), Belgrade, Serbia, web posted: 16. 02. 2008.
Appeal for Prompt Action of the President and the Government of Republic of Serbia
We appeal* to the President and the Government of Republic of Serbia to challenge responsibility of United Nations Secretariat before International Court of Justice, for not annulling the decision of independence of Kosovo. We appeal that the following Draft Resolution promptly be placed at the (Special) Session of the General Assembly of the United Nations:
DRAFT RESOLUTION
The General Assembly,
Considering the Article 2(1, 4, 7) of the Charter of the United Nations,
Considering the Article 4 of the Charter of the United Nations,
Considering the Article 104 of the Charter of the United Nations,
Considering the United Nations Security Council Resolution 1244,
Considering the functions and powers of the United Nations Secretariat provided for in the Charter of the United Nations,
Considering the General Convention on the Privileges and Immunities of the United Nations of 1946, and, in particular, the legal character of Article 1 and Article 8 (30),
Taking note that a difference in the legal interpretation of the Charter of the United Nations has arisen between the Serbia and the United Nations Secretariat over the legality of not discharging responsibility for annulling decision of provisional organs on Kosovo for independence,
Considering the Article 96 of the Charter of the United Nations,
For the purposes to determine whether by the non-acting in annulling the mentioned independence of Kosovo, United Nations (Secretariat) has violated its duties enshrined in the Charter of the United Nations,
And for the purpose to determine further course of action,
Decides to submit the following legal question to the International Court of Justice:
Has the United Nations (Secretariat) violated its duties enshrined in the Charter of the United Nations in non-acting in annulling independence declared by provisional organs of Kosovo?
(Furthermore we strongly urge Serbian government to initiate United Nations General Assembly Resolution in which member states of the United Nations will be requested not to recognize Kosovo, until Advisory Opinion of International Court is delivered, and the General Assembly of the UN act accordingly.)
* Made by the joint team headed by dr. Igor Janev, Senior Researcher at the Institute for Political Studies (Institut za političke studije), Belgrade, Serbia, web posted: 16. 02. 2008.
Igor Janev proposed this question of UNGA for ICJ: "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?".
29.09.2007. Belgrade
Igor Janev proposed this question of UNGA for ICJ: "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?".
29.09.2007. Belgrade
Model za IMETO vo OON shto go predlozil Igor Janev (a bese prihvaten za srpskiot slucaj vo OON): Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law. The General Assembly, Mindful of the purposes and principles of the United Nations, Bearing in mind its functions and powers under the Charter of the United Nations, Recalling that on 17 February 2008 the Provisional Institutions of Self-Government of Kosovo declared independence from Serbia, Aware that this act has been received with varied reactions by the Members of the United Nations as to its compatibility with the existing international legal order, Decides, in accordance with Article 96 of the Charter of the United Nations to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court to render an advisory opinion on the following question: "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?". 29.09.2007. Belgrade.
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