Friday, November 21, 2008
Macedonia files legal proceedings against Greece at International Court of Justice
http://www.mia.com.mk/default.aspx?vId=59166216&lId=2
Skopje, November 17 (MIA) - The Republic of Macedonia has filed legal proceedings at the International Court of Justice in The Hague against Greece. Macedonia has filed an Application with the Registrar of the Court to bring Greece into compliance with its legal obligations under the Interim Accord of 13 September 1995, which binds the two countries., the Ministry of Foreign Affairs said Monday in a press release.
Article 11 of the 1995 Accord obliges Greece not to object to Macedonia's application to join NATO. At the NATO Summit held in Bucharest in April 2008, however, Greece objected to extending NATO membership invitation to Macedonia, thus flagrantly violating its obligations under the Interim Accord.
Antonio Milososki, Foreign Minister and Macedonia's representative before ICJ, says that protection of Macedonian rights under the Interim Agreement is the only reason for filing the Application.
- We have given a lot of thought before initiating this case, but we see no other way for justice to be done and our rights to be protected. We hope this action might encourage Greece to bring its actions into compliance with its international legal obligations, and that it might also encourage our two countries to reach a final settlement on outstanding issues in the spirit of good-neighbourliness and cooperation envisaged by the Interim Accord, Milososki said.
He expressed belief that ICJ would help in settling this legal dispute, considering its just and prompt actions.
- We are not asking the Court to deal with other political issues, so that the dispute over the name is not the subject of our Application. We also want to stress that we remain strongly committed to all aspects of the Interim Accord, in particular to the process of negotiations with Greece, mediated by the Special Envoy of the UN Secretary General, Milososki said.
The Application requests the International Court of Justice to adjudge and declare that (Greece), through its State organs and agents, has violated its obligations under Article 11, paragraph 1 of the Interim Accord; to order that (Greece) immediately take all necessary steps to comply with its obligations under Article 11, paragraph 1 of the Interim Accord, and to cease and desist from objecting in any way, whether directly or indirectly, to (Macedonia's) NATO membership and/or any other 'international, multilateral and regional organizations and institutions' of which (Greece) is a member, in circumstances where (Macedonia) is to be referred to in such organizations or institutions by the designation provided for in paragraph 2 of United Nations Security Council Resolution 817 (1993).
ICJ is the primary judicial organ of the United Nations.Established in 1945 by the UN Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice.
The Court's workload is characterised by a wide range of judicial activity. Its main functions are to settle legal disputes submitted to it by member states and to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies and the UN General Assembly. /lk/fd/16:36
Macedonia Takes Greece to World Court
Macedonia Takes Greece to World Court
Macedonia's Foreign Minister Antonio Milososki
17 November 2008 Skopje _ Macedonia has filed a motion at the International Court of Justice accusing Greece of breaking a UN agreement when it blocked Skopje’s bid to join NATO in April.
“We filed the application to the International Court of Justice. The reason is to protect our rights envisaged in the Interim Accord,” Macedonia’s Foreign Minister Antonio Milososki told media.
Greece and Macedonia signed the United Nations Interim Accord in1995. Under the agreement, Macedonia changed its flag and its constitution, and both countries committed to continuing negotiations on the ‘name’ issue under UN auspices.
For its part, Greece pledged that it would not stop Skopje from entering any international institutions as long as it is done under the provisional reference "Former Yugoslav Republic of Macedonia" as stated in paragraph 2 of the United Nations Security Council resolution 817.
However, in April, Greece practically vetoed Macedonia’s invitation to join NATO at the alliance’s summit in Bucharest. It argued that Skopje’s use of the name Macedonia might lead it to make territorial claims over the Greek province of the same name.
Macedonia is now arguing that Greece broke that part of the accord when it objected to Skopje’s NATO invitation.
Skopje asks from the International Court of Justice to determine whether or not Greece through its state organs and acclaimed representatives has broken its obligation as stated in article 11 paragraph 1 of the Interim Accord that it would not block Skopje’s membership of international institutions if it applies using its provisional name.
In addition Skopje asks the court to order Greece to do all the necessary steps to fulfill its obligations form the accord.
“We are convinced that the International Court of Justice will help us solve this legal dispute. We are not asking the court to settle this political matter therefore the name dispute is not the matter of our application. We stay fully committed to all aspects of the Interim Accord, especially the negotiation process with Greece mediated by the UN special representative,” Milososki said in a statement.
“It is a good and legitimate move that Skopje has taken when Greece has radicalised its position. Greece has obviously broken all its promises. This has led Macedonia to seek alternatives to the UN ‘name’ talks,” political analyst Nenad Markovic told Balkan Insight.
If the court rules in Macedonia’s favor it would give the country a considerable instrument for political pressure, Markovic says adding that this could increase international pressure on Greece.
Yet President Branko Crvenkovski said he had not been consulted about the move and said that with this act "the Prime Minister (Nikola Gruevski) and his government are completely taking over the responsibility for the UN talks as well as for our European Union and NATO integration.”
Separately speaking to local Sitel Television, the spokesman for the Greek Foreign Ministry, Iorgos Koumoutsakos claimed “we knew that this happen beforehand” adding it was yet too early to comment on the move.
It remains unclear whether it will halt the ongoing negotiations between Greece and Macedonia in New York.
A ruling by the court could take around three years.
The rulings of the court are “final and binding” the International Court of Justice information officer, Boris Heim, told local Kanal 5 Television.
However Heim stated that the country’s decision on whether to comply with the court's rulings or not is a political question. ”We don’t do political questions,” he added.
Confronted with Greek Obstructionism, Macedonia Appeals for International Justice
11/17/2008 (Balkanalysis.com)
http://www.balkanalysis.com/2008/11/17/confronted-with-greek-deceit-macedonia-appeals-for-international-justice/
At a special press conference at 4pm today in Skopje, Macedonian Minister of Foreign Affairs Antonio Milososki announced that the government has opened a case against Greece at the International Court of Justice in the Hague. At issue is Greece’s blocking of Macedonian NATO membership at the alliance’s April summit, which occurred due to the unresolved name dispute between the two countries.
According to the foreign minister, this act of obstructionism violated the September 13, 1995 Interim Accord, in which Greece pledged not to block its smaller and weaker northern neighbor from joining international organizations under the name it had forced the country to adopt for UN usage (Former Yugoslav Republic of Macedonia).
There was no immediate Greek reaction to the announcement, which occurred just as Prime Minister Nikola Gruevski and President Branko Crvenkovski, frequently critical of each other’s diplomatic acumen, were supposed to meet to hammer out a common position on the name issue.
Indeed, at least as harmful as Greek intransigence for Macedonia’s predicament has been the chronic disunity of its political leadership- a situation that Athens has been skillfully manipulating for years. Predictably enough, the president reacted to the government’s announcement by claiming he had not been consulted on the issue, and declared that “…the Prime Minister (Nikola Gruevski) and his government are completely taking over the responsibility for the UN talks as well as for our European Union and NATO integration,” reported Balkan Insight.
Crvenkovski, whose approval ratings domestically are so low that he has assured the citizenry of his desire to abdicate (in the form of not running again in the March 2009 elections), recently raised eyebrows when he fired the long-time negotiator on the name issue, Nikola Dimitrov. The president and his yes-men in the media, politics and academia are frequently depicted in pro-government and independent media, including satirical spots, as being exceptionally eager to satisfy Greece.
As if on cue, old Leftist ally Ljubomir Frckovski, a professor and former interior minister, reacted by condemning the government’s action on Kanal 5, claiming it would lead to Macedonia’s ‘international isolation’- the favored threatening vocabulary of the Karamanlis regime. On the other hand, pro-government experts surveyed were quick to call the action a ‘historic decision’ that had been delayed far too long.
In fact, one of the first questions Minister Milososki received in his press conference was that of timing, or, why Macedonia had not raised this case in April, immediately after the Bucharest rejection. He replied by stating that even organizing the case was a process that took months, and required consulting numerous foreign legal advisors.
However, the verdict of the court case, which is expected to take from 2-3 years to be known, will not necessarily have any great effect. While a Macedonian victory at the Hague would certainly shame the Greeks, “the country’s decision on whether to comply with the court’s rulings or not is a political question,” stated Balkan Insight, quoting a court spokesman. If recent history is any indicator, few in Greece will lose sleep over the outside world’s opinion of them.
Further, Macedonia could not expect automatic NATO membership either, since there are any number of criteria which could be raised – rightly or wrongly – to keep it barred indefinitely.
In fact, there is growing talk in diplomatic circles in Skopje these days about some form of extra requirements being envisioned, or even sanctions that will be levied on Macedonia, should the name issue remain unresolved. Vexed about the chronic failure to resolve the dispute, the thinking goes, international diplomats are likely to take out their frustrations on the weakest party available- Macedonia.
If there are indeed any such extra reform stipulations raised, they will likely refer to an alleged lack of political maturity stemming from last June’s violence-plagued elections.
Considering that presidential and local elections are coming up – on the Ides of March, of all days – it is likely that any repeat of election-related violence will be immediately cited as a reason to keep Macedonia out of NATO, despite its major contributions to NATO missions and completed military reforms.
Remaining Aegean Macedonians need to submit documents
The Government provided further information for restitution of properties from Aegean Macedonia for the Macedonians who haven't submitted their documents.
In a letter from the Macedonian Ministry of Emigration regarding the restitution of the properties of the refugee children from Aegean Macedonia is attached along with a blank form and an example of a filled-in form is attached.
The completed form should be sent to the Agency for Emigration by mail to:
Агенција за иселеништво на Република Македонија
Црвена скопска општина 7-7а, Скопје
or by email to: info@minisel.gov.mkThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it
The Government has already hired Attorneys out of Greece, who will represent the Aegean Macedonians.
EXAMPLE OF FORM
Primer kako treba da bidat popolneti Example
10.08.2008 Izjavil,
10.08.2009 Ime i prezime na toj sto go podnesuva baranjeto