FILTER
Prikaži samo sadržaje koji zadovoljavaju:
objavljeni u periodu:
na jeziku:
hrvatski engleski
sadrže pojam:

SLOVENE EXPERT ON CONSTITUTION TESTIFIES IN MILOSEVIC TRIAL

THE HAGUE/ZAGREB, Sept 1 (Hina) - Serbs in Croatia and Bosnia-Herzegovina had no right to self-determination or establishment of independent states in 1991, a Slovene expert on constitutional rights, Ivan Kristan, said on Monday in the trial of former Yugoslav President Slobodan Milosevic at the UN war crimes tribunal in The Hague (ICTY).
THE HAGUE/ZAGREB, Sept 1 (Hina) - Serbs in Croatia and Bosnia- Herzegovina had no right to self-determination or establishment of independent states in 1991, a Slovene expert on constitutional rights, Ivan Kristan, said on Monday in the trial of former Yugoslav President Slobodan Milosevic at the UN war crimes tribunal in The Hague (ICTY). #L# Prosecutor Geoffrey Nice asked the witness if there had been any legal means for Serbs in Croatia and Bosnia to proclaim their right to self-determination and formation of an independent state. "No. They could request the realisation of their rights within Croatia and Bosnia, including autonomy, but borders of the republics were not to be changed, which the Badinter Commission also concluded," said Kristan, who drew up a constitutional and legal analysis of the disintegration of the Socialist Federal Republic of Yugoslavia (SFRJ) at the prosecution's request. A professor at Ljubljana's Law School, Kristan was a judge of the SFRJ Constitutional Court until the breakdown of the federation in 1991. Decisions made by the rump SFRJ Presidency in the autumn of 1991 were unconstitutional because four of its members, from Serbia, Montenegro, Vojvodina and Kosovo, could not represent the entire presidency and had convened without a quorum, the witness said. Kristan said that the presidency's decision to impose a state of direct war threat in October 1991 had no legal grounds. Commenting on the so-called anti-bureaucratic revolution in Serbia and Montenegro, Kristan said its purpose had been to destabilise the republics and provinces, after which Serbia abolished the status of autonomy for Kosovo and Vojvodina. The 1990 Serbian Constitution "destabilised the federation's structure as it abolished the status of autonomous provinces which was regulated by the SFRJ Constitution", he said. The Slovene expert also said that the Constitution of the Federal Republic of Yugoslavia had been adopted in April 1992 by an incompetent body -- the former SFRJ's federal council. Proclaiming a continuity between the FRY and SFRJ was illegal because "this right was not only for Serbia and Montenegro to enjoy, but also for all republics of the former SFRJ", he added. Kristan also analysed the dominant influence Milosevic had had in the three-member Supreme Defence Council, which had made decisions on army activities during the wars in Croatia and Bosnia. During his cross-examination, Milosevic tried to turn it into a discussion between two experts on constitutional rights, insisting on the issues of Kosovo's autonomy, despite judges' warnings that this was not the subject of the testimony. Milosevic challenged the witness's credibility by citing Kristan's articles published in the "Socijalizam" magazine in 1981, in which the author wrote that Kosovo's request to be proclaimed a state was "counter-revolutionary". Milosevic also started a discussion about the non-existence of equality among peoples during the formation of Yugoslavia after the First and Second World War, to which Kristan responded by citing numerous illegal activities which Serbia had resorted to as early as 1918, from annexing Vojvodina, dethroning Montenegro's King Nikola, to introducing a unitary state. Kristan then explained the evolution of the concept of the Yugoslav federation from the AVNOJ (Anti-fascist council of Yugoslavia) in 1943 to the 1974 Constitution, and concluded that Serbia had "instigated armed conflicts" in 1991 instead of discussing new constitutional changes. (hina) lml sb

VEZANE OBJAVE

An unhandled error has occurred. Reload 🗙