#457 . U.S. Ambassador McElhaney does not support the victims of genocide in Srebrenica

National Congress of the Republic of Bosnia-Herzegovina



ONLINE NEWSLETTER - International

No. 457



http://republic-bosnia-herzegovina.com/





1. U.S. Ambassador McElhaney does not support the victims of genocide in Srebrenica



2. declaration of SREBRENICA DISTRICT OF BOSNIA AND HERZEGOVINA


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1. U.S. Ambassador McElhaney does not support the victims of genocide in Srebrenica





A few weeks ago, the officials of the municipality of Srebrenica drafted a declaration of Srebrenica District of Bosnia-Herzegovina in which they rejected Republika Srpska as illegitimate entity which can not have any sovereignty and jurisdictional control over the Municipality of Srebrenica. According to the Declaration, the Parliament of the Municipality of Srebrenica will in the future enact laws consistent with the Constitution of Bosnia and Herzegovina and consistent with national laws of Bosnia and Herzegovina.



The Declaration was drafted as a result of ruling of the International Court of Justice that the genocide in Srebrenica was committed by Republika Srpska. Being based on the genocide, Republika Srpska is not legitimate.



It appears that instead of supporting the declaration and the right of the victims of genocide in Srebrenica, Mr. McElhaney, American ambassador in Bosnia, pressured mayor of the municipality of Srebrenica to negotiate with officials of the genocidal Republika Srpska.



It has been revealed by the Bosnian daily newspaper Avaz (March 17, 2007), that Mr. McElhaney visited Srebrenica a day before and spoke in person, "behind closed doors", with the mayor of Srebrenica Mr. Abdurahman Malkic. After that meeting the mayor of Srebrenica abruptly changed course and he decided to go to Banja Luka to negotiate with the prime minister of the Republika Srpska, the entity guilty of genocide in Srebrenica. While it is not known exactly what the ambassador said to the mayor, and which promises or threats he made, the fact is that the mayor of Srebrenica, representing the victims of genocide, choose, after the meeting with Mr. McElhaney, to negotiate with the perpetrators of the genocide.



It is expected from the ambassador of the United States of America to support the right of the victims of genocide to restore the legal status in Srebrenica as it was before the genocide, which he never did.



Encouraging the victims of genocide to negotiate with perpetrators of genocide after the judgment of International Court of Justice, rather then supporting them to seek the justice, is an act of genocide.



The following is the full text of the Declaration.



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BOSNIA AND HERZEGOVINA

MUNICIPALITY OF SREBRENICA

PARLIAMENT OF MUNICIPALITY OF SREBRENICA





2. declaration of SREBRENICA DISTRICT OF BOSNIA AND HERZEGOVINA



The Parliament of the Municipality of Srebrenica in the session of the Parliament held in Srebrenica on March ___, 2007, declares that from this date forward, SREBRENICA will be A DISTRICT OF BOSNIA AND HERZEGOVINA.



Most decisively, on February 27, 2007, the International Court of Justice rendered its decision in the case of Bosnia and Herzegovina v. Serbia and Montenegro and announced that the Court: “Finds that Serbia has violated the obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, in respect of the genocide that occurred in Srebrenica in July 1995.” The Court confirmed that genocide was committed by the Army of “Republika Srpska” and that Serbia had an obligation to prevent it.



Thus, the International Court of Justice in its final judgment of February 26, 2007, confirmed that “Republika Srpska” is guilty of crimes of genocide carried out by military (vojska) and police of “Republika Srpska” against people of Srebrenica and people of the entire East Region (Podrinje) of Bosnia and Herzegovina.



The International Court of Justice confirmed that “Republika Srpska” is a genocidal statelet without any legal base and thus without legal right to exist. Because it is based on genocide, we reject “Republika Srpska” as illegitimate entity which can not have any sovereignty and jurisdictional control over the Municipality of Srebrenica.



Therefore, the Parliament of the Municipality of Srebrenica, representing the victims of genocide, based on the final judgment of the International Court of Justice and the legal right to “RESTITUTION IN INTEGRUM” (restoration of the original condition), declares, that from this date forward Srebrenica is not under jurisdiction of the constitution and the legal system of “Republika Srpska.” We have always been loyal to Bosnia and Herzegovina; our sole loyalty is to Bosnia and Herzegovina and its Constitution. Therefore, we reinstate the laws and the Constitution of Bosnian and Herzegovina.



The constitution and the legal system of Bosnia and Herzegovina was never legally terminated and it is for this reason that we recognize that Bosnia and Herzegovina and its Constitution are still in force here in Srebrenica. We, the Parliament of the Municipality and people of Srebrenica, will be applying the laws and constitution of Bosnia and Herzegovina, flying the flag of Bosnia and Herzegovina. We will be a part of the State of Bosnia and Herzegovina like Brcko District, but will be applying only the laws of the Bosnia and Herzegovina.



HISTORY



From the beginning of the aggression on Bosnia and Herzegovina in April 1992, until February 1993, the defense forces of Bosnia and Herzegovina in Srebrenica successfully resisted the aggression from Serbia and Montenegro (the rump Yugoslavia). In that period, it is estimated that about 1800 residence of Srebrenica, mostly civilians, died as victims of “ethnic cleansing.” Subsequent to a major offensive carried out by three corps of the Yugoslav Peoples Army (JNA) at the beginning of February 1993, UNPROFOR forces came to Srebrenica. The UN Security Council adopted Resolution S/RES/819 by which Srebrenica was proclaimed a UN Protected Zone, and at the same time a demilitarization agreement was signed. Unfortunately “demilitarization” practically meant the disarming of the defenders of Srebrenica, and not the forces of the aggressor.



The result of disarming Srebrenica is that in July 1995, the UN Protected Srebrenica became the largest killing site in Europe since World War II, and about 8,500 men, women, and children were brutally murdered there.



Subsequently, through the “Dayton Agreement,” the perpetrators of genocide were rewarded with 49% of the territory of Bosnia and Herzegovina – the so-called “Republika Srpska” – in which was included their so-called sovereignty over Srebrenica, thereby granting the aggressors power over the victims of genocide.



By the UN Charter, the United Nations were obligated to protect its member state, the Republic of Bosnia and Herzegovina, from aggression and genocide, and not to reward the perpetrator of genocide with territory of the victim state.



GENOCIDE



The International Court of Justice confirmed that the genocide occurred in Srebrenica, ruling that the genocide was carried out by “Republika Srpska.” Being based on the genocide, the “Dayton Agreement” and “Republika Srpska” are not legitimate.



In several criminal prosecutions before the International Criminal Tribunal for the Former Yugoslavia at the Hague, the court has confirmed that the crime of genocide occurred in Srebrenica, e.g. judgments in the cases of General Krstic, Colonel Blagojevic. The International Court of Justice rendered its decision of February 26, 2007 that the political, military and police structures of “Republika Srpska” carried out genocide in Srebrenica.



Chief Prosecutor Carla Del Ponte and ICTY President Judge Theodor Meron acknowledged the genocide in Srebrenica when they appeared before the Security Council less than a month before the 10th Anniversary of the 1995 genocide in Srebrenica.



In 2005, the United States Congress adopted a Resolution H. Res. 199 acknowledging that genocide was committed in Srebrenica.



In the latest statements of the Chief Prosecutor of ICTY, Carla Del Ponte, she disclosed compliance with the genocide of the former officials and representatives of the United Nations and government officials of some of most powerful member nations of the Security Council.



Victims of Genocide are still suffering at the hands of their killers



The governing bodies that are currently responsible for the most vital aspects of Srebrenica are in Banja Luka, the capitol of “Republika Srpska”, which means that power over the people in Srebrenica is in hands of those who committed the genocide. As a result, the people of Srebrenica are unable to exercise their most basic rights and are constantly subjected to “quiet” genocide carried out through insidious methods.



Furthermore, the post war dual citizenship legislation in Bosnia and Herzegovina, proclaimed by then UN High Representative in B&H, Carl Westendrop, on December 23, 1997, and enacted on January 1, 1998 seeks to finalize the genocide that occurred in Srebrenica. This legislation strips the survivors of genocide of Bosnian citizenship if they have accepted citizenship of the country that hosted them as refugees. This legislation seeks to accomplish through law what the aggressors could not accomplish through force and genocide. It seeks to forever and permanently remove the Srebrenica people from their home.



Once a census takes place, the ethnic structure of Bosnia and Herzegovina will forever be changed and this will finalize the goals of genocide—the people of Srebrenica will be permanently “ethnically cleansed.”



Therefore, We, the victims of genocide in Srebrenica, still claim our citizenship under the Constitution and laws of the Republic of Bosnia and Herzegovina.



THE LAWS AND CONSTITUTION OF BOSNIA AND HERZEGOVINA RE-INSTATED



The existing state of matters in Srebrenica is nothing more than an attempt to legalize the genocide that occurred. Therefore, from this day of March __, 2007, the Constitution and laws of Bosnia ad Herzegovina are reinstated and the powers of the genocidal “Republika Srpska” cease to apply in Srebrenica District. The area of the Srebrenica District will be ruled by the valid laws of Bosnia and Herzegovina, to which we have always remained loyal. The application of the Constitution and laws of Bosnia and Herzegovina will continue until a new, legitimate Constitution of Bosnia and Herzegovina is established.



The Parliament of the Municipality of Srebrenica will in the future as necessary enact laws consistent with the Constitution and the laws of Bosnia and Herzegovina and laws which are based on national level in Bosnia and Herzegovina.



Srebrenica, March ___, 2007

President/Vice-President of

the Municipality of Srebrenica



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