Kosovo and the Westphalian Order
by Amb. James Bissett
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The following is Ambassador Bissett’s keynote address at the symposium on Kosovo held at the Capitol Hill Club in Washington, D.C., on October 23, 2007.
The breakup of the Yugoslav federation was the first serious diplomatic challenge facing the Western democracies following the collapse of the Soviet Union. They made a mess of it. They are still making a mess of it; and if a decision is made in the coming months to grant independence to the Albanians in Kosovo—as the United States seems determined to do—then the decision will simply add to, and compound, the many errors and mistakes made by the US-led Western powers before, during, and after the disintegration of the former Yugoslavia.
From the beginning of the break up of Yugoslavia the policies followed by the United States and NATO countries have been marked by duplicity, double standards and cowardice. They have forgotten the role played by Serbia in two world wars and they have deliberately demonized Serbia and the Serbian people. They have falsely blamed Serbia for the breakup of Yugoslavia and for all of the atrocities committed in the wars that followed. They have set up that “travesty of justice”—The Hague Tribunal—to perpetuate these myths.
More seriously, western intervention in the former Yugoslavia has shaken the global framework of international peace and security that has governed the relationship among sovereign states since the founding of the United Nations.
The origins of that framework date back to the peace of Westphalia in 1648 which ended the horrors of the religious wars that devastated Germany and other parts of Europe for more almost half a century.
Westphalia laid down the basic tenets of sovereignty—the principle of territorial integrity and of non-interference in the affairs of national states. These are principles that have proven invaluable through the years in the prevention of armed conflict between states. The Westphalian order has frequently been violated, but age has not diminished the principles themselves. They remain the essential components of international law.
Article 2 [4] of the UN Charter includes territorial integrity as one of the key principles prohibiting the threat or use of force in the resolution of international disputes, and it is one of the paramount elements in the Charter relating to the concept of sovereign equality.
There are those who believe the United Nations is a corrupt organization and there is abundant evidence to back up such a charge. Apart from anything else the shameful manner in which the UN establishment has deliberately sabotaged its own resolution 1244 in Kosovo is proof enough of corruption and malicious mismanagement.
Nevertheless, it is one thing to condemn the UN organization but another thing to therefore disavow the principles enshrined in the United Nations charter. These principles represent the difference between the rule of law and the law of the jungle.
Sovereignty, respect for borders and international law, the peaceful settlement of international disputes, and the territorial integrity of states remain as valid today as they did when the UN was founded. These principles were reinforced by the Helsinki Final Act of 1975 and were given further emphasis by including a section on the inviolability of frontiers.
Section III of that Act (“Inviolability of Frontiers”) says: “the participating states regard as inviolable all one another’s frontiers as well as the frontiers of all states in Europe and therefore will refrain now and in future from assaulting these frontiers. Accordingly, they will also refrain from any demand for, or act of, seizure and usurpation of part or all of the territory of any participating state.”
Section IV (“Territorial Integrity of States”) pledges the participating states to respect the territorial integrity of each of the participating states: “Accordingly, they will refrain from any action inconsistent with the purposes and principles of the Charter of the United Nations against the territorial integrity, political independence or the unity of any participating state and in particular from any such action constituting a threat or use of force The participating states will likewise refrain from making each other’s territory the object of military occupation or other direct or indirect measures of force in contravention of international law, or the object of acquisition by means of such measures or the threat of them. No such occupation or acquisition will be regarded as legal.”
These are fundamental principles. They were designed as a guarantee that all nations, small as well as large, need not fear aggression by a more powerful neighbor.
They were meant to have universal application and they cannot be set aside because of special circumstances or when they prove inconvenient to the policy aims of the larger powers. Their message is simple and clear. Borders can be changed – but only through agreement by the states involved.
In this regard it is interesting to note that in 1938, at the time of Munich, president Edvard Benes of Czechoslovakia, bullied by the British and French, signed the agreement to hand over the Sudetenland region of Czechoslovakia to Germany, thus giving his consent to the transaction. It would seem that even Hitler insisted on at least the appearance of following the rules of international conduct.
the determination of the united states to remove Kosovo and Metohija from Serbia and to grant independence to the Albanians living there is a threat to the Westphalian order and an unequivocal violation of international law. It also has far reaching implications for global peace and security.
Shortly after NATO aircraft began the bombing of Serbia in the spring of 1999 I wrote an article in one of Canada’s national newspapers entitled “a return to barbarism,”
In the article I condemned the bombing as a violation of international law and of the UN charter and of NATO’s own treaty. But the point of the article was to stress that the bombing marked an historical turning point.
As the 20th century was coming to the end there had been a brief period after the collapse of the Soviet Union and the fall of the Berlin Wall when we were offered the encouraging prospects of a “pax Americana.” Many believed the United States was the one country that might guarantee that the new century would see an end to war and violence.
After two cataclysmic world wars and the dropping of the atomic bomb on Hiroshima and Nagasaki, the world was offered the hope that the new century would follow the principles laid down in the united nations and that the Westphalian order would be restored.
Alas, these hopes were shattered with the bombing of Serbia by the US-led NATO powers. This was a naked act of aggression against a sovereign state. Sadly, it had been carried out by the democratic nations whose political leaders never failed to sing the praises of the rule of law and the UN charter. It was a foreboding warning of things to come.
The bombing of Serbia established an ominous precedent. It meant the United States and the NATO countries could intervene wherever and whenever they wished. The use of force or the threat of it would be used whether within the law or not and having set the precedent with the bombing of Serbia the decision to invade Iraq was easy.
The American insistence on giving the Albanians independence and unilaterally handing over 15% of Serbian territory to the criminal leaders of Kosovo is simply a further example of the willingness of the United States to use naked power to achieve its policy objectives.
It would seem the only obstacle in the way of the American desire to create an independent Kosovo is a resurgent Russia. Ironically, it is Russia that is insisting on compliance with the principles of international law and the UN charter before any consideration is given to Kosovo independence. This in itself is a remarkable development.
It would almost seem that the new breed of American political leaders—the Clintons, the Albrights, the Holbrookes, the neoconservatives, George Bush and others like them—have betrayed the trust bestowed upon them by the founding fathers of their great Republic.
By doing so they have abandoned the very principles upon which America was founded and which are enshrined in the UN charter by doing so they have lost the moral authority that formed the real strength of the democratic countries in overcoming the forces of totalitarianism. They have also delivered a damaging blow to the Westphalian order. It will not be easy to get it back.
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1 Comment by robert m. peters on 29 October 2007:
Although one should suspect a healthy dose of Machtpolitik to be the agent behind movements of religious fervor ( Europe leading up to the Westphalian order), nationalistic and ideological fervor (Europe under the thrall of fascism, Nazism and communisim), it is these movements which are the apparent enemies to the Westphalian order.
Although my knowledge and hence my understanding is quite limited, it is my suspicion that the secular movements which threaten the Westphalian order are spawns of the Jacobin usurpation of the French Revolution and left-wing Hegelianism. I call these miscreants the three ugly sisters: Marxism in all of its forms, fascism and social democracy. It is the later which is the darling of the court in the post-modern West. In the guise of the noble cause of promoting “democracy,” the guns come out and the rule of law is trampled on.
It is rightly noted that the stateless terrorists using 4th generation warfare tactics are no respectors of borders. It appears, however, that the West has forfeited through its own actions any lawful claim to the considerations of the Westphalian order.
2 Comment by Lee on 29 October 2007:
Tisk, tisk, tisk! The only real question is will our Harvard indoctrinated bankers/capitalists get to control the valuable natural resources there? All they need to do is roll over and let our Federal Reserve be their national bank in charge of printing money and all banking regulations. What could be more simple?
3 Comment by robert m. peters on 29 October 2007:
Lee,
It is quite likely that you are correct. Fascism, just like its ugly sister social democracy, is alive and well in the form of neo-mercantilist corporatism with the banks, particularly the federal reserve, being the tip of that spear.
4 Comment by Boba on 29 October 2007:
I congratulate Ambassador Bissett on well said and well articulated points. Truth is simple and is, therefore, easy to speak and easy to explain. You have done it superbly, Ambassador Bissett!
5 Comment by Nicholas G.P. Moses on 29 October 2007:
Fascism was never so destructive to traditional life as social democracy, and neither has got anything on neoconservatism.
6 Comment by nikopiko on 29 October 2007:
Speak to those who you may come across in life, whether in the US or Europe(west), and most will not be able to comprehend the significance of this article. Citizens in these states have no idea of the travesties that happened in the center of Europe in the 1990’s and continue to this day. Too many believe, without thought of their own, the outlandlish propaganda put out by our very own leaders. What good are these laws if we only behave as sheep?
We have quite a ways to go until we see the repercussions of violating these principles stated above. Once again, thank you Amb. Bisset.
May God help us all.
7 Comment by m. zurich on 30 October 2007:
Shortly after NATO aircraft began the bombing of Serbia in the spring of 1999 I wrote an article in one of Canada’s national newspapers entitled “a return to barbarism,”
In the article I condemned the bombing as a violation of international law and of the UN charter and of NATO’s own treaty. But the point of the article was to stress that the bombing marked an historical turning point. …
… It would almost seem that the new breed of American political leaders—the Clintons, the Albrights, the Holbrookes, the neoconservatives, George Bush and others like them—have betrayed the trust bestowed upon them by the founding fathers of their great Republic.
By doing so they have abandoned the very principles upon which America was founded and which are enshrined in the UN charter by doing so they have lost the moral authority that formed the real strength of the democratic countries in overcoming the forces of totalitarianism. They have also delivered a damaging blow to the Westphalian order. It will not be easy to get it back. (end quote) -Amb. James Bissett
Yes and it was also under Clinton that “RENDITION” or torture became u.s. policy. Actual terrorists need the specter of terrorism and thus ‘other’ terrorists to hide their own actions behind by pointing to and vociferously blaming their opponents, although it’s barbarism across the board. The 20th Century was probably the bloodiest in the history of the world, and yet like water draining down farther we seem to keep finding or witnessing new lows.
Like Clinton SHOULD have been successfully impeached for these substantive Reasons and not the trite ones he was impeached over, W. Bush SHOULD also be impeached and found guilty for what he has advanced in continuing in this new BARBARIC direction. Because SUCH sanctioning action which the Constitution provides for is also the only way to reverse the precedents set by Clinton & Co. That’s what’s wrong with voting for Hillary as well. What’s always been wrong with her is Bill – but she chose him – and so that speaks to Who she no doubt will be and is.
Everyone knows World War One was a giant leap backward for Western Civilization and in effect we are all yet reeling from that colossal misstep. In so far as the civilization began to decouple from its Greek and Roman heritage and roots, and instead heading back toward Jerusalem we are all yet (as Gertrude Stein knew as well it was for these reasons) a lost generation. Before she expired her love Alice implored of her – but what’s the answer? Her last words were humorously in response – what was the question?
_______________________
8 Comment by Joe Legris on 30 October 2007:
Thank you Ambassador Bissett. The article cleared up many things for me. I am not well read on the earlier history of Kosovo. I would appreciate it if a reader would direct me to where I might better understand what political forces have been at work to undermine Serbia’s authority in the region. Is it Islamic expansion?
9 Comment by Zorica A. on 30 October 2007:
Wonderful article. It is amazing how many people do not even know what is going on in Kosovo and how many people forgot we bombed a soverign country and no power is responsible for the devestation we cause.
Thank you.
10 Comment by Francis K on 30 October 2007:
Joe, I spent hundreds of hours in 1999 researching the very question you ask.
The single best document that I can recommend is I ACCUSE! by Dr Rajko Dolecek at http://members.tripod.com/Balkania/resources/geostrategy/dolecek_accuse.html.
11 Comment by Francis K on 30 October 2007:
Joe, the link is not addressed correctly in the posted letter. Let’s try again:
http://members.tripod.com/Balkania/resources/geostrategy/dolecek_accuse.html
12 Comment by JJ Korman on 30 October 2007:
Treaty of Westphalia imputes the sanctity of borders, without this the treaty has no impact. With Islamofascists, no respector of borders, the treaty for all intents and purposes is null & void.
Procrustes
13 Comment by Ljubinko Jovicic on 31 October 2007:
Gentlemen,
send me please your email address for not-reccuring use.
I shall mail you my Open Letter-Kosovo, NATO,Mr Blair.edited by Mr Paul Mitcherlich.
I spent 30 days in the Serbian communities at Shara Mountains at the time.
Ljubinko Jovicic
jovihaljubinko@yahoo.com
14 Comment by robert m. peters on 31 October 2007:
While I have read a lot about the peoples and the states of the Balkins, particularly those of the “former Yugoslavia” and while I have friends and acquaintances from the regions thereof, I remain, I must admit, in deep ignorance, made ever more apparent as very passionate people on all sides of the issue lay compelling facts on the table, or at least, what appear to be facts.
What I do know as one who resides in what is alleged to be a federated republic, although I sense that the republic has long been dead, is that the government of this alleged republic had and has no moral and no consitutional business in the region and that its actions there in various contexts -unilateral, bilateral, U.N., NATO – have done and are doing great harm not only to the people of the region but also to the ever diminishing integrity of the United States.
15 Comment by michael warning on 31 October 2007:
“They have also delivered a damaging blow to the Westphalian order. It will not be easy to get it back.”
That’s the whole purpose of modern democracy- to destroy of what remains of “the Westphalian order”. You want the Westphalian order back? You need a Holy Roman Emperor. Petition the eight Imperial Electors to elect the Holy Roman Emperor. Westphalian order is in oppostion to the modern forms of government. Most of you should know this. THE PEACE TREATIES OF WESTPHALIA OF 1648 is Peace Treaty between the Holy Roman Emperor and the King of France and their respective Allies. Neither of these parties exist.
16 Comment by robert m. peters on 31 October 2007:
Mr. Warning,
I would suggest that the principles behind the Westphalian Order did not cease with the Emperor and the kings of Europe. It is against these principles that post-modernity makes war. What is democracy, the whims of fickle masses blow by the subtle breezes engendered by lawless elites, that I should be mindful of it. The most despotic of the European monarchs, whom I do not at all worship, acknowledged principles and laws higher than they or at least felt obliged to make a pretense of it. The elites of today, not to be confused with an aristocracy in the agrarian sense thereof, have rejected God, Providence, Natural Law, Common Law and higher principles. They have first made democracy the god to which the masses genuflect and then have shown to the one who would perceive and understand that they really themselves do not believe in that idol but merely make a pretense of it. I would note that the most “democratically minded” of the elites would get rid of one of the last fading vestiges of the older order – the electoral college, already weakened to the role of puppets of the parties. Those elites would have it be gone entirely, however, so that the fickle masses could have the illusion that they were absolutely in control. (Don’t you detect Leo Strauss in this?)
17 Comment by David Bratton on 1 November 2007:
In case someone hasn’t seen it, there is a excellent documentary, “Yugoslavia, the Avoidable War”, which can be found on various Bit Torrent sites. It is a fair treatment of the war. The only fair treatment I’ve seen.
18 Comment by Michael Warning on 1 November 2007:
Mr. Peters,
Yes indeed, and we are far from having modern governmental treaties following in the footsteps of the Treaty of Westphalia which began with “In the name of the most holy and individual Trinity….”
“In the name of the most holy and individual Trinity: Be it known to all, and every one whom it may concern, or to whom in any manner it may belong, That for many Years past, Discords and Civil Divisions being stir’d up in the Roman Empire, which increas’d to such a degree, that not only all Germany, but also the neighbouring Kingdoms, and France particularly, have been involv’d in the Disorders of a long and cruel War:…..”
Peace Treaty between the Holy Roman Emperor and
the King of France and their respective Allies. October 24, 1648
“Outside the Roman Catholic Church all things build toward hell.” But it will be impossible to re-build The Westphalian Order without the Emperor and the kings of Europe. Agreed??
19 Comment by robert m. peters on 1 November 2007:
Mr. Warning,
I would agree that it would be impossible to rebuild it without a reverence for God as He has shown Himself in the Christ and without the principles which flow from His Person and Lordship. Emperors and kings may not be so necessary.
20 Comment by Ljubinko Jovicic on 3 November 2007:
AN OPEN LETTER
to journalists about the NATO bombing in former Yugoslavia, Kosovo and former British Prime Minister Mr Blair.
Unfortunately,today, when ethnik cleansing and mass executions are still commonplace as casus belli many unbedded, unbiased journalists forget Mr Blair’s “original sinn”- warmongering and 78 nights of illegal NATO bombing of Serbia.
Let me recount my personal experience of those events.
Ten days before NATO raids took place,I finished my ski vacation at the Sara mounttains (Sarplanina-Brezovica) on the boarder with Macedonia. I can prove it with receipts,photos,audio tapes and a copy of my interview with the TV station Studio B. En rout to Belgrade I visited the towns Sevce, Strpce, Urosevac, Drenica and Pristina which were at peace. I walked without problems among Albanian population. Police, paramilitaries not visible. Some ethnic cleansing! On different locations Albanian peasants used to temporary leave the villages for the woods during the battles between Albanian rebels and Yugoslav federal forces, only to return home with the sease fire.
However with the initial air-raids, the local Albanians moved towrd Macedonia, Christians, Turks, Roma and Ashkenazi tried to rech Serbia. I admit some sporadic brutality by federal troops, pushing the Albanians to leave the country,but that was not reason for illegal war, as declared by Mr Blair, because it took place in aftemath of attacs. The bombing of Kosovo cities is what scared the peaple and put them on the road.
Geeneral Wesley Clark Supreme Allied Commander Europe NATO from 1997 to 2000 was proud of “conducting and winning a modern war”, but military results were lousy: some dummy tanks destroyed, one suicide pilot shot down.
However there was catastrophic demolition of industry and residental communities, casualities among civilians as consequence of “colateral damage”. Destruction of the bridges over the Danube was idiotic because Yugoslav army troops in Vojvodina (a province of Serbia nord of Danube river) were insignificant. The bombing of the technical wing of TV Belgrade that led to the death of some 20 blue-collar victims was authorised by Mr Clinton because “there was the centre of lies and propaganda”. What should Almighty do to Fox News then? Invite Christo to wrap the construct? Then there was attac on Dragish Mishovic maternity hospital in Belgrade, the bombing the refugee column in Djakovica in April 1999 when 73 civilians lost their lives and the scattering of cluster bombs garnished with with depleted uranium over residental districts that rendert 23 square kilometers of land “cluster contaminated”. NATO chiefs onlu finaly agreed in Septemer 2007 to tell Serbian governement wher planes dropped thosends of these bombs during the Kosovo campaign.
The targets were identified by then German Bundesminister Mr Scharoing (gentelman without academic qualifications), later suspendet for petty corruption. That character spoke in Bundestag abot the concentration camps in Kosovo which – as it turned out later – were nonexistent. The other “marksman” was general Reinhardt, scion of a Prussian military clan and commander of KFOR. Later as the albanians were slaughtering ethnic Serbs, he declared “in Kosovo are fewer crimes then in Hamburg”.
Today, the number of casualities in fighting between the Army and Albanian rebels (later KLA) was oficially fixed at about 2000 victims on both sides . During the 1999 bombing the Wester media kept talking about 20,000 dead Albanians, possibly 100,000 . Fortunately it turned out that nothing of that was true. In “Free Kosova” the Christian Orthodox medieval churches and monasteries were blown up or burned down,elderly residents murdered,35, 000 persons expelled ,the others dislocated. As the journalists asked Mr Blair for his opinion on the events in Kosovo, he could not comment whilst “actuaaly dealing with global problems”. However, your journalist colleages could be heard crying “have we bombed the wrong side?”.
Ljubinko Jovicic
Some data courtesy of Mr Paul Mitchell
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