Napad na SRJ – Napad na medjunarodno javno pravo
The Attack On SRJ – An Attack On Public International Law

Summary/Abstract: Ćele Kula can be understood as a symbol for the role which the Federal Republic of Yugoslavia is currently playing with regard to the United Nations, the chapter VII of its Charter, and the supremacy of public international law to politics. NATO attack on FRY was neither legal nor legitimate, nor can it be justified under present public international law. It must be considered as an attempt to revolutionarily amend the United Nations Charter. The negligence of the NATO war on FRY by UN Security Council Resolution 1244 (1999) can be seen as the first step towards a final and definite reverse of the NATO attempt. So far, neither KFOR, nor UNMIK succeeded in even laying a fundament for the implementation of the operative part of the resolution. Serious human rights issues raised by the war and the lack of law and order after the implementation of the Military-technical agreement of 15 June 1999 are at stake and also threaten the necessary success of the mission of the United Nations. The final success, which under the Charter of the United Nations and current public international law can be only a political and not a military one, will depend on Serbs and Albanian Kosovars. As soon as they find a way back to mutual understanding and peaceful cohabitation, public international law and the United Nations Charter will have got the better of NATO and its efforts to continue with the means and methods which were characteristic for the period of the former Cold War. It depends on a peaceful settlement of the Kosovo issue by Serbs and Kosovar Albanians as to whether finally NATO will be subject to law. Ćele Kula can also be understood as symbol for the possibility of an understanding of a minority by a majority, especially as the majority was also a minority in the past.

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