GLAS JAVNOSTI
05. Jun 2001 16:55 (GMT+01:00)
Stavovi
Spor oko Haga
Pise: Kosta Cavoski
Jedno ozbiljno drzavno pitanje preti da uzdrma, a mozda i razbije,
vladajucu koaliciju u Saveznoj vladi i Skupstini. Rec je, naravno, o vec
mesecima sastavljanom i predlaganom zakonu o saradnji SRJ s Medunarodnim
krivicnim sudom. A spor je u sledecem: dok DOS uporno zahteva da se
donese samo savezni zakon, Socijalisticka narodna partija Crne Gore
predlaze da se donese samo okvirni zakon u materiji koja predstavlja
saveznu nadleznost, a da potom republike donesu svoje zakone u materiji
koja je njihova rezidualna nadleznost.
Sa ustavnopravnog stanovista, crnogorski politicari su ovog puta u
pravu. Prema Ustavu SRJ i vazecem zakonodavstvu, krivicno-pravna
materija je tako podeljena da su postupak pred sudovima, odgovornost i
sankcija za povredu sloboda i prava i saveznih zakona u saveznoj
nadleznosti, dok je preostala materija krivicnog prava u republickoj
nadleznosti. A kad je u pitanju eventualno izrucenje optuzenih Haskom
sudu, treba posebno istaci da su materija izvrsenja krivicnih sankcija i
postupak za davanje uslovnog otpusta u iskljucivoj republickoj
nadleznosti.
Kako se, pak, eventualnim izrucenjem bilo kog optuzenog Haskom sudu
ustupa i izvrsenje izrecene kazne i njeno eventualno smanjenje davanjem
uslovnog otpusta (kao u slucaju Drazena Erdemovica, kome je oprostena
jedna petina kazne), time bi se tom sudu ustupila ne samo savezna nego i
rezidualna republicka nadleznost u materiji krivicnog prava. A to se
ocigledno ne moze uciniti bez izricitog pristanka obeju republika.
Otuda je zahtev SNP da se, pored saveznog, donesu i odgovarajuci
republicki zakoni u materiji saradnje s Haskim sudom, i te kako opravdan
i na saveznom Ustavu zasnovan.
Pored ustavne, ovaj spor oko Haga ima i mnogo vazniju politicku
dimenziju. Kad SNP zahteva da i crnogorska skupstina donese svoj zakon o
saradnji s Haskim sudom, ona zeli da Mila Dukanovica i njegove glavare
istera na cistinu. Oni vec odavno tvrde da ce rado saradivati s Haskim
sudom i izruciti svakog optuzenog crnogorskog drzavljanina, a da dosad
nisu uhapsili a kamoli izrucili nijednog optuzenog. A to jos nisu cinili
ne zato sto nisu hteli, nego zbog toga sto nisu smeli.
Drugim recima, SNP pokusava da pred crnogorskom javnoscu na Mila
Dukanovica prevali odgovornost za sramno izrucivanje vlastitih gradana,
dok bi Dukanovic zeleo da to cini Savezna vlada, kako bi kasnije mogao
da je optuzi da izrucivanjem crnogorskih drzavljana narusava crnogorsku
drzavnost i suverenost.
U Srbiji je potpuno obrnuto. Kad Zoran Dindic i Vladan Batic zahtevaju
da se iskljucivo donosi savezni zakon o saradnji s Haskim sudom, iako
dobro znaju da su materija izvrsenja sankcija i uslovni otpust u
republickoj nadleznosti, oni to cine da bi omrazenost, koja ce snaci
svakoga ko potpise odluku o izrucenju vlastitih drzavljana, unapred
skinuli sa sebe i prevalili na Vojislava Kostunicu i druge celnike u
saveznom vrhu. Zato Dindic onako cinicno veli da ce se, prilikom
donosenja ovog zakona, i on licno i ceo DOS svrstati iza predsednika
Kostunice, da bi odbranili njegov kredibilitet.
Zaboravio je samo da objasni kako su on i Dusan Mihajlovic mogli da, bez
ikakve sudske odluke za samo sat i po od trenutka hapsenja izruce Hagu
nesrecnog dr Milomira Stakica, a da predsednika Kostunicu nisu ni
obavestili, a kamoli pitali za savet i odobrenje.
Posredi je, dakle, sledeca Dindiceva nimalo naivna igra: da pred mocnim
stranim ciniocima sebe predstavi kao coveka koji sve konce drzi u svojim
rukama i kome, kao "kooperativnom", iskljucivo treba davati obecanu
pomoc, a da se u isti mah odijum za sramni zakon i jos poganije
izrucenje vlastitih drzavljana prevali na Vojislava Kostunicu.
---
> http://www.lalkar.org/
Yugoslavia - Milosevic's arrest is an attempt
at legitimising NATO's criminal war
Step by step, the imperialists appear to be very close to realising
their goal
of breaking up the Federal Republic of Yugoslavia (FRY) and dominating,
militarily and economically, its constituent parts. As Nato's criminal
war,
with its 78 days of ceaseless bombardment and 36,000 sorties, had not
been
able to dislodge the Milosevic regime, which had become a symbol of
Yugoslav national resistance to the diktat of war-mongering NATO
imperialism, led by US imperialism, the most urgent task facing the
latter
was to somehow get rid of that regime. Without the accomplishment of
this
task, without the replacement of Milosevic regime by a regime of
outright
traitors prepared to sell their country in return for paltry sums of
dollars
and act as servile lackeys to the imperialist powers, NATO would have
nothing to show for its genocidal war.
Ousting of the Milosevic regime
The first hurdle in the attainment of NATO's goal was crossed when on
October 5, 2000, imperialism succeeded, through a mixture of
ballot-rigging and bribery, thuggery and intimidation, media blitz and
vast
infusion of dollars, in replacing Milosevic with Kostunica as the
president
of the FRY (see LALKAR, Nov-Dec 2000). The US authorities have
admitted to bankrolling the then Yugoslav opposition to the tune of $120
million, in addition to the �6 million given by Germany, not to speak of
the
unaccounted suitcases full of dollars handed over at the border. To
realise
the scale of these sums, one must remember that George W. Bush and Al
Gore raised $177 million and $126 million respectively for their
presidential campaigns. Considering that Yugoslavia's population is a
mere
4% of that of the US, and taking into account the difference in per
capita
income in these two countries, the sums handed over by the US are,
according to one well-informed source, "comparable � to a $30 billion
donation from a foreign enemy to a US presidential candidate" (Sara
Flounders, Workers World, 12 Oct. 2000). Even that colossal sum was not
enough by itself; it had to be supplemented with intimidation, threats
and a
ceaseless media campaign - and finally the storming of the institutions
of
the regime, including parliament and the television, by the most
rabidly-reactionary goons hired by imperialism.
Why arrest and indict Milosevic?
The removal of Milosevic as President was, however, not sufficient, as
long
as Milosevic's Socialist Party of Serbia (SPS) continued to have a
majority
in the Serbian Parliament, for that is where the real power lay, for it
is the
Serbian Government which controls the police, judiciary, media and
taxation. It was only after the victory of DOS - the 18-party
reactionary
alliance of the puppets of imperialism - in the elections to the Serbian
Parliament on 23 Dec 2000 that Yugoslav agents of US imperialism, led by
Zoran Djindjic, truly succeeded in getting their hands on the levers of
power
and got on with the job of purging the judiciary, the police, the armed
forces, industrial enterprises and the civil service, of the members of
the old
regime or anyone harbouring sympathy with that regime or hostility to
the
NATO warmongers.
The aim of imperialism for quite some time has been not only to oust the
Milosevic regime, but to bring the leading representatives of that
regime for
trial before the so-called International Criminal Tribunal (ICT) - a
Kangaroo Court set up, and paid for, by NATO. The purpose of this trial
is
two-fold. First, to serve as a warning to leaders of other small nations
as to
the dire consequences of their resistance to imperialist demands,
however
outrageous and unreasonable such demands be. Second, to legitimise
NATO's criminal war against the people of Yugoslavia by putting on trial
the leaders of the very country which was the victim of NATO's
aggression.
Nothing less will do. And the contemptible leaders of DOS are willing to
oblige.
Not surprisingly, then, no sooner had the DOS won the Serbian
parliamentary election (with the help of imperialist funds, media
intervention on a massive scale and threats of continued sanctions
unless the
SPS were voted out), than its leaders announced plans to launch an
investigation with the purpose of forcing Milosevic and his close
associates
to stand trial. Milosevic must answer "for all the terrible things he
has done
- starting from corruption, crime, election fraud and ordering murders",
said Zoran Djindjic as he and his reactionary cohorts toasted their
electoral
triumph.
Arresting Milosevic and putting him on trial was a somewhat tricky
affair,
for not only does he command strong support among significant sections
of
the Yugoslav population but, in addition, such a course of action on the
part
of the new government would be seen by the Yugoslavs at large for what
it
really is, namely, a dirty hangman's job by DOS at the behest of US
imperialism - a job to appease the very blood-thirsty criminals who
waged
a genocidal war of aggression against the innocent Yugoslav people and
subjected Yugoslavia to the worst bombardment in Europe since the end of
the Second World War. To get over this difficulty the imperialist, as
well as
the Yugoslav media (the latter now controlled by DOS ) went into
overdrive, spewing out day in and day out, material about the alleged
corruption and crimes of the ousted Milosevic regime. In addition, to
put
further pressure (not that they needed any) on the Yugoslav authorities,
the
US Congress set 31st March as the deadline by which the US
administration
was required to judge whether Belgrade was co-operating or not with the
War Crimes Tribunal.
Surprise, surprise. Just by pure coincidence, hours before this deadline
expired on the midnight of 31st March, Milosevic was arrested by a posse
of
gun-toting gangsters wearing masks. The following Monday morning, the
Financial Times, one of the most important organs of British finance
capital, reported with shameless satisfaction that by arresting and
putting
behind bars Mr Milosevic, "Serbia's new rulers have taken a big new step
towards their country's political and economic rehabilitation". (1st
April
2001).
Imperialism welcomes Milosevic's arrest
The Financial Times went on to say that although the US and the EU still
insist on Milosevic being handed over to Nato's Kangaroo Court (Lalkar's
description - not the FT's), they were likely "� to accept that in
detaining
Mr Milosevic, albeit on charges of abuse of power and financial
wrongdoing, Belgrade has done enough to secure further support".
The same issue of the Financial Times reported Javier Solana, that
disgusting Spanish Social Democrat and war criminal, as greeting the
news
of Milosevic's arrest thus: "Serbia and Yugoslavia have taken today
another
step towards the consolidation of democracy and the rule of law".
The execrable Tony Blairs, Robin Cooks and other war criminals too have
greeted Milosevic's arrest with similar glee. So as not to lag behind,
Kofi
Annan, nominally the UN Secretary General, commented on Milosevic's
arrest in these unctuous terms: "The arrest of Slobodan Milosevic is an
important step in the process of healing after the tragic events in the
Balkans since 1991" (reported in the Financial Times, 2/4/01).
Considering
that his job as the Secretary General is to safeguard the UN Charter,
knowing as he must do that NATO activities aimed at the break-up of
Yugoslavia throughout the 1990s, and culminating in Nato's criminal war
against Yugoslavia, were in violation of international law in general
and the
UN Charter in particular, Kofi Annan's above statement, which blames the
victim for Nato's crimes, is truly breathtaking in it shamelessness and
audacity. No wonder the UN these days is rightly held in contempt and
regarded as the colonial office of imperialism, with the Annans of this
world doing imperialism's dirty work in return for large salaries and
prancing about on the international arena. Their wallets stuffed with
dollars,
they dare not defend the truth.
Corruption charges
The present Belgrade regime has charged Milosevic with corruption, when
in fact the money diverted from federal customs was spent on supporting
the Bosnian Serb Republic Army and the Croatian Serb Republic Army, at
a time when both these armies were under attack from imperialism. "Those
expenditures", as Milosevic has correctly stated, "could not, for
reasons of
state secrecy, be presented in the budget". Further, as Yugoslavia was
subjected to draconian UN sanctions from May 1992 (at the start of the
war
in Bosnia) until the Dayton accords in mid-1996, money was spent on oil
imports and other sanctions busting transactions. The UN, EU and NATO
members then imposed a second round of sanctions in 1998, in connection
with the Kosovo conflict, which lasted until after the removal of Mr
Milosevic from the presidency on 5th October last year. Lastly, money
was
spent on funding state pensions, medicines, hospital equipment and
subsidising state industries and enterprises. Undoubtedly some
unscrupulous
individuals may have made small fortunes out of the troubles through
which
the Yugoslav republic had to negotiate its way, but it hardly points to
corruption on the part of Milosevic - especially considering that the
regime
had one or two rather urgent problems to attend to, namely, how to deal
with the US-led aggression against its country, which imperialism was
determined to break up and, sadly, succeeded in breaking up. In view of
this,
it is not unreasonable of Milosevic to say: "I don't mind any
investigation of
any aspect of my life, but it bothers me to be treated as a criminal for
what I
have done for my state" (quoted in Financial Times, 5/4/1).
Colossal economic problems
The new rulers of Yugoslavia confront devastating economic problems.
Thanks to imperialist sanctions over the past decade, the per capita
income
in Serbia has fallen from $3,000 (�2,140) annually to about $1,300. The
cumulative loss of production of the same period and destruction wrought
by NATO bombing runs into more than $100 billion. The country has a
huge debt of $1,218 billion, owed mostly to the creditors belonging to
the
Paris and London clubs, which needs to be re-negotiated. Production
needs
to be organised in earnest for the population, persuaded as it has been
to
have high expectations, will not brook delay. The regime is under
extreme
pressure from imperialism to press ahead with market-oriented reforms -
a
massive programme of privatisation, price and labour deregulation and
closure of unprofitable plants. To undertake this risky programme, which
is
sure to provoke widespread strikes and social unrest, the new regime
needs
imperialist financial help, which it will not get without first
subjecting Mr
Milosevic to a show trial in Belgrade, but only as a prelude to handing
him
over to Nato's Kangaroo Court at the Hague - the ICTY. Not without
reason, the Financial Times of 2nd April observed that "� Belgrade's
negotiating path will probably be easier in each case now that the
former
President is in jail" (FT, 2/4/1, Serb rules hope arrest will secure
support).
Since the removal of Milosevic, Yugoslavia has received $250 million
from
imperialist quarters. The new regime estimates that it needs a further
$600
million to get through 2001. Its hope is that the arrest of Mr Milosevic
will
speed up the disbursement of these funds. In view of the fact that a
tiny
group of imperialist countries, led by US imperialism, have inflicted
upwards of $100 billion of damage on Yugoslavia, what despicable
flunkeys
must the new regime be composed of that they are prepared to cringe
before, and sell their country to, imperialism for paltry sums of money!
Criminals trying their victims
If Mr Milosevic and his close associates are handed over to Nato's
Court, as
appears increasingly likely at the moment, it will be a case of the
criminal
trying the victim of his crime and a total travesty of justice as
understood by
any reasonable person. It is the leaders of NATO who should be tried by
a
Nuremberg-style tribunal for war crimes, for it is they who broke up the
Federal Republic of Yugoslavia, helped the Croatian regime in the
latter's
successful ethnic cleansing and massacre of Serbs. It is they who,
during the
1999 war against Yugoslavia, killed 2,000 civilians and wounded another
7,000. It is they who devastated the Yugoslav economy with the
destruction
of 82 bridges and 422 educational establishments, including schools and
universities; 48 health institutions, including hospitals; power
stations, oil
facilities and other infrastructure facilities. It is they who bombed 74
television transmission and relay facilities, including the television
station
in Belgrade, which caused such an uproar even in the imperialist
countries,
and which the thoroughly unscrupulous (don't laugh) Development
Secretary (should be called the secretary for death and destruction),
among
others of this corrupt government, had the temerity to describe as a
"legitimate target". Serbian television's only sin was that it broadcast
a film
of the NATO massacre of refugees the week prior to being itself bombed
by
the same 'humanitarian' outfit. It is they - the leaders of NATO, both
civilian and military - who, when the bombardment ended, left behind 2.5
million people in Yugoslavia without the barest means of subsistence.
Instead, those who led the resistance to Nato's barbarism will be hauled
before a tribunal (which is neither international, nor tries criminals
nor
dispenses justice) in which NATO acts as prosecutor, judge and jury.
The nature of the Hague Tribunal
There is no international treaty establishing this tribunal, which
substitutes
private justice in place of public justice. It was set up by a
resolution of the
Security Council of the UN - in complete violation of the UN Charter,
one
of whose fundamental principles is the sovereignty of nations. Former US
Secretary of State, Madeleine Albright - the same who in answer to a
question as to whether it was correct to maintain sanctions against Iraq
even
if they had killed 1.5 million innocent Iraqis, replies: "It was well
worth it"
- was the mother of this tribunal and Bill Clinton (another
'humanitarian'
of Yugoslav, Iraq and Sudan notoriety) was the father. Its funding comes
from the US government, US monopolist corporations, NGOs linked with
the Soros Foundation of American billionaire financier George Soros, the
Carnegie Foundation, the Rockefeller Foundation. The tribunal also
receives
assistance from the Coalition For International Justice (CIJ), funded
and
founded by George Soros' Open Society Institute, and from CEELI (Central
and East European Law Institute) formed by the American Bar Association
and lawyers with close connections to the US administration. CEELI was
formed to further the cause of the replacement of socialist legal
systems
with capitalist legal systems. There is no scope for taking real war
criminals
- the Clintons, Albrights, Wesley Clarkes, Blairs, Cooks, Robertsons,
Schro?ders, Chiracs, D'Alenias and Solanas - to this tribunal. In fact
the
governments of the imperialist countries (sorry, the international
community) vehemently oppose the establishment of a real permanent
International War Crimes Tribunal with jurisdiction to try war
criminals,
not only from small and weak nations, but also to try the leaders of the
blood-sucking imperialist fraternity (beg your pardon, leaders of
Western
democracies).
At the Hague, the NATO Kangaroo Court judges play an active part in
laying charges; there is no provision for bail; the accused is denied
the
presumption of innocence until proved guilty, denied trial by jury,
denied a
counsel of his/her choice; further, under its rules witnesses are
allowed to
maintain their anonymity; the accused can be kept in detention for up to
90
days, and all confessions by the accused - made even during such a
prolonged period of incarceration - are presumed to have been made
freely
and voluntarily.
In the words of Christopher Black, from whose article the information in
the preceding two paragraphs is drawn, "No citizen of any country in the
world would consider themselves fairly tried before a court that was
paid
for, staffed and assisted by private citizens or corporations which had
a
direct stake in the outcome of the trial and who were, themselves, in
practical terms, immune from that court. It is a well established
principle of
law that a party in a legal action, whether civil or criminal, is
entitled to
ask for the removal of any judge sitting on the case when there exists a
reasonable apprehension of bias. In this instance, a compelling argument
can be made that the bias is not only apprehended, it is real, that it
is not of
one judge but of the entire tribunal, that this is not a judicial body
worthy of
international respect but a kangaroo court, a bogus court, with a
political
purpose serving very powerful and identifiable masters. To be consistent
with my thesis I will go further and say that as a political instrument
designed to violate, to destroy, the integrity and sovereignty of a
country, its
creation is a crime against peace under the Nuremberg Principles.
Instead
of resolving conflict as it claims, it is used to justify conflict,
instead of
creating peace, it is used to justify war and therefore is an instrument
of
war" ('An Impartial Tribunal? Really?' from www.Swans. com, and
reproduced in Yugoslavia and the Politics of Intervention, a pamphlet
published by the NW region of the Socialist Labour Party).
No evidence of Genocide
In any case, what will this tribunal find, which has not already been
discovered by a number of bodies, none of which can be suspected of
harbouring an iota of sympathy for the erstwhile Milosevic regime. All
the
horror stories spread by NATO governments in the period leading up to,
and
during, the war against Yugoslavia about the alleged genocide committed
by
the Yugoslav forces have been proved to be what they always were - lies
pure and simple, and the creation of the fertile imagination of the NATO
lying machine, doled out to the servile journalist fraternity employed
by the
imperialist media monopolies, who obediently spread these lies far and
wide. The ICTY's own investigators, eager to discover any evidence that
could be the basis of an indictment against Milosevic, found nothing,
with
all their special excavation equipment and forensic experts, when they
dug
up the Trebca lead and zinc mine near Mitrovica, which was supposed to
have been the site of a mass grave of 700 ethnic Albanians murdered by
the
Yugoslav forces. The FBI's investigations in June and August, 1999,
found
no mass graves; nor did a team of Spanish investigators. During the war,
Nato's propaganda machine splashed satellite images around the world of
what it claimed were mass graves in Pusto Selo - a place where the Serb
forces were alleged to have killed 106 men. Not a single body was
discovered at that site. No bodies, or traces of removal, were
discovered at
Izbica, where 150 ethnic Albanians were supposed to have been killed in
Mach 1999.
What was the war about?
In the end we must conclude that this war was not fought for reasons of
humanitarianism. It was fought for oil and to extend imperialist
hegemony
into the former Soviet republics. Yugoslavia was not only important in
itself but, also for the access that it gave to the oil-rich Black Sea
and
Caspian Sea territories and states. Nato's war against Yugoslavia was an
opening shot in its new strategy of intervening in the internal affairs
of
other countries on the pretext of defending "human rights" and
"democratic
values", that is, in the affairs of any country that resists imperialist
attempts
at exploitation and domination, for there is only one truly "human" and
"democratic" value in the lexicon of capitalist imperialism - the
exploitation of one human being by another and one nation by another
nation. Imperialism, emboldened by the collapse of the former Soviet
Union
and the East European socialist countries, its appetite whetted by the
dazzling prospect of gaining control of the vast territory of the
Peoples
Republic of China (PRC), with its more than a billion people, and
constantly driven by its incurable economic crisis to find new markets,
sources of raw materials and avenues of export of capital, is limbering
up
for new and unprecedentedly dangerous ventures. It wants to subjugate
Russia - hence the extension of NATO right up to the Russian borders and
the Nuclear Missile Defence programme, in violation of the
Anti-Ballistic
Missile treaty (ABM) of 1972 between the US and the former Soviet Union.
It wants to overwhelm the PRC - hence its enhanced military alliance
with
Japan and Taiwan (see the article on the US EP-3 spy plane incident
elsewhere in this issue). US imperialism wants to use NATO as an
instrument of aggression both in Europe and in Asia in order to gain
world
domination by trampling under foot the fundamental rules governing
conduct among independent and sovereign nations.
US imperialists will end up as the Nazis did
But US imperialism will never be able to achieve this aim anymore than
was the Hitlerite regime able to in the 30s and 40s of the last century.
By its
aggression, oppression and exploitation, Nazi Germany aroused the anger
and hostilities of peoples throughout the world, especially in Europe.
Its
conduct even forced other imperialist countries, who had built up Nazi
Germany not only for the suppression of the German proletariat, but also
as
a battering ram for destroying the Soviet Union and Soviet socialism, to
join the very state that they most hated - the USSR - in defeating and
smashing fascist Germany. What guarantee is there that the US will fare
any better? On the contrary, there is every indication that the same
fate
awaits US imperialism as was met by Nazi Germany. If the vanishing of
the
Soviet Union has emboldened US imperialism, it also brought into the
open
all the inter-imperialist contradictions that lay under the surface
prior to
the demise of the Soviet Union. No longer is European imperialism, or
Japanese for that matter, as compliant to the US as during earlier times
when the Soviet Union existed and was a force to be reckoned with, and
against which could be united all the imperialist gangsters. Gone are
the
days when the other imperialist powers accepted unquestioningly US
imperialism's ukase. By riding roughshod everywhere, US imperialism is
helping to intensify to an unprecedented degree all the contradictions
in the
world - between labour and capital, between imperialism and the
oppressed
peoples and countries (Middle East, Latin-America), between imperialism
and the socialist countries (China, DPRK, Cuba, etc.), between it and
other
imperialist countries.
Sure as the Nazis of yore, US imperialism is travelling at breakneck
speed
towards the buffers. The people in the world will give it and other
imperialisms a joyous burial. The proletariat in the imperialist
countries has
a bounden duty to give fraternal support to the peoples in the oppressed
countries in the latter's struggle for liberation from imperialist
oppression
and exploitation. It has a duty to fight for the disbandment of NATO, to
fight against foreign military bases and against all war-mongering and
war
preparations. It has, above all, a duty to fight for the overthrow of
imperialism, which has for too long drenched humanity in blood.
---
Questa lista e' provvisoriamente curata da componenti della
ASSEMBLEA ANTIMPERIALISTA (ex Coord. Naz. "La Jugoslavia Vivra'"):
> http://www.tuttinlotta.org
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05. Jun 2001 16:55 (GMT+01:00)
Stavovi
Spor oko Haga
Pise: Kosta Cavoski
Jedno ozbiljno drzavno pitanje preti da uzdrma, a mozda i razbije,
vladajucu koaliciju u Saveznoj vladi i Skupstini. Rec je, naravno, o vec
mesecima sastavljanom i predlaganom zakonu o saradnji SRJ s Medunarodnim
krivicnim sudom. A spor je u sledecem: dok DOS uporno zahteva da se
donese samo savezni zakon, Socijalisticka narodna partija Crne Gore
predlaze da se donese samo okvirni zakon u materiji koja predstavlja
saveznu nadleznost, a da potom republike donesu svoje zakone u materiji
koja je njihova rezidualna nadleznost.
Sa ustavnopravnog stanovista, crnogorski politicari su ovog puta u
pravu. Prema Ustavu SRJ i vazecem zakonodavstvu, krivicno-pravna
materija je tako podeljena da su postupak pred sudovima, odgovornost i
sankcija za povredu sloboda i prava i saveznih zakona u saveznoj
nadleznosti, dok je preostala materija krivicnog prava u republickoj
nadleznosti. A kad je u pitanju eventualno izrucenje optuzenih Haskom
sudu, treba posebno istaci da su materija izvrsenja krivicnih sankcija i
postupak za davanje uslovnog otpusta u iskljucivoj republickoj
nadleznosti.
Kako se, pak, eventualnim izrucenjem bilo kog optuzenog Haskom sudu
ustupa i izvrsenje izrecene kazne i njeno eventualno smanjenje davanjem
uslovnog otpusta (kao u slucaju Drazena Erdemovica, kome je oprostena
jedna petina kazne), time bi se tom sudu ustupila ne samo savezna nego i
rezidualna republicka nadleznost u materiji krivicnog prava. A to se
ocigledno ne moze uciniti bez izricitog pristanka obeju republika.
Otuda je zahtev SNP da se, pored saveznog, donesu i odgovarajuci
republicki zakoni u materiji saradnje s Haskim sudom, i te kako opravdan
i na saveznom Ustavu zasnovan.
Pored ustavne, ovaj spor oko Haga ima i mnogo vazniju politicku
dimenziju. Kad SNP zahteva da i crnogorska skupstina donese svoj zakon o
saradnji s Haskim sudom, ona zeli da Mila Dukanovica i njegove glavare
istera na cistinu. Oni vec odavno tvrde da ce rado saradivati s Haskim
sudom i izruciti svakog optuzenog crnogorskog drzavljanina, a da dosad
nisu uhapsili a kamoli izrucili nijednog optuzenog. A to jos nisu cinili
ne zato sto nisu hteli, nego zbog toga sto nisu smeli.
Drugim recima, SNP pokusava da pred crnogorskom javnoscu na Mila
Dukanovica prevali odgovornost za sramno izrucivanje vlastitih gradana,
dok bi Dukanovic zeleo da to cini Savezna vlada, kako bi kasnije mogao
da je optuzi da izrucivanjem crnogorskih drzavljana narusava crnogorsku
drzavnost i suverenost.
U Srbiji je potpuno obrnuto. Kad Zoran Dindic i Vladan Batic zahtevaju
da se iskljucivo donosi savezni zakon o saradnji s Haskim sudom, iako
dobro znaju da su materija izvrsenja sankcija i uslovni otpust u
republickoj nadleznosti, oni to cine da bi omrazenost, koja ce snaci
svakoga ko potpise odluku o izrucenju vlastitih drzavljana, unapred
skinuli sa sebe i prevalili na Vojislava Kostunicu i druge celnike u
saveznom vrhu. Zato Dindic onako cinicno veli da ce se, prilikom
donosenja ovog zakona, i on licno i ceo DOS svrstati iza predsednika
Kostunice, da bi odbranili njegov kredibilitet.
Zaboravio je samo da objasni kako su on i Dusan Mihajlovic mogli da, bez
ikakve sudske odluke za samo sat i po od trenutka hapsenja izruce Hagu
nesrecnog dr Milomira Stakica, a da predsednika Kostunicu nisu ni
obavestili, a kamoli pitali za savet i odobrenje.
Posredi je, dakle, sledeca Dindiceva nimalo naivna igra: da pred mocnim
stranim ciniocima sebe predstavi kao coveka koji sve konce drzi u svojim
rukama i kome, kao "kooperativnom", iskljucivo treba davati obecanu
pomoc, a da se u isti mah odijum za sramni zakon i jos poganije
izrucenje vlastitih drzavljana prevali na Vojislava Kostunicu.
---
> http://www.lalkar.org/
Yugoslavia - Milosevic's arrest is an attempt
at legitimising NATO's criminal war
Step by step, the imperialists appear to be very close to realising
their goal
of breaking up the Federal Republic of Yugoslavia (FRY) and dominating,
militarily and economically, its constituent parts. As Nato's criminal
war,
with its 78 days of ceaseless bombardment and 36,000 sorties, had not
been
able to dislodge the Milosevic regime, which had become a symbol of
Yugoslav national resistance to the diktat of war-mongering NATO
imperialism, led by US imperialism, the most urgent task facing the
latter
was to somehow get rid of that regime. Without the accomplishment of
this
task, without the replacement of Milosevic regime by a regime of
outright
traitors prepared to sell their country in return for paltry sums of
dollars
and act as servile lackeys to the imperialist powers, NATO would have
nothing to show for its genocidal war.
Ousting of the Milosevic regime
The first hurdle in the attainment of NATO's goal was crossed when on
October 5, 2000, imperialism succeeded, through a mixture of
ballot-rigging and bribery, thuggery and intimidation, media blitz and
vast
infusion of dollars, in replacing Milosevic with Kostunica as the
president
of the FRY (see LALKAR, Nov-Dec 2000). The US authorities have
admitted to bankrolling the then Yugoslav opposition to the tune of $120
million, in addition to the �6 million given by Germany, not to speak of
the
unaccounted suitcases full of dollars handed over at the border. To
realise
the scale of these sums, one must remember that George W. Bush and Al
Gore raised $177 million and $126 million respectively for their
presidential campaigns. Considering that Yugoslavia's population is a
mere
4% of that of the US, and taking into account the difference in per
capita
income in these two countries, the sums handed over by the US are,
according to one well-informed source, "comparable � to a $30 billion
donation from a foreign enemy to a US presidential candidate" (Sara
Flounders, Workers World, 12 Oct. 2000). Even that colossal sum was not
enough by itself; it had to be supplemented with intimidation, threats
and a
ceaseless media campaign - and finally the storming of the institutions
of
the regime, including parliament and the television, by the most
rabidly-reactionary goons hired by imperialism.
Why arrest and indict Milosevic?
The removal of Milosevic as President was, however, not sufficient, as
long
as Milosevic's Socialist Party of Serbia (SPS) continued to have a
majority
in the Serbian Parliament, for that is where the real power lay, for it
is the
Serbian Government which controls the police, judiciary, media and
taxation. It was only after the victory of DOS - the 18-party
reactionary
alliance of the puppets of imperialism - in the elections to the Serbian
Parliament on 23 Dec 2000 that Yugoslav agents of US imperialism, led by
Zoran Djindjic, truly succeeded in getting their hands on the levers of
power
and got on with the job of purging the judiciary, the police, the armed
forces, industrial enterprises and the civil service, of the members of
the old
regime or anyone harbouring sympathy with that regime or hostility to
the
NATO warmongers.
The aim of imperialism for quite some time has been not only to oust the
Milosevic regime, but to bring the leading representatives of that
regime for
trial before the so-called International Criminal Tribunal (ICT) - a
Kangaroo Court set up, and paid for, by NATO. The purpose of this trial
is
two-fold. First, to serve as a warning to leaders of other small nations
as to
the dire consequences of their resistance to imperialist demands,
however
outrageous and unreasonable such demands be. Second, to legitimise
NATO's criminal war against the people of Yugoslavia by putting on trial
the leaders of the very country which was the victim of NATO's
aggression.
Nothing less will do. And the contemptible leaders of DOS are willing to
oblige.
Not surprisingly, then, no sooner had the DOS won the Serbian
parliamentary election (with the help of imperialist funds, media
intervention on a massive scale and threats of continued sanctions
unless the
SPS were voted out), than its leaders announced plans to launch an
investigation with the purpose of forcing Milosevic and his close
associates
to stand trial. Milosevic must answer "for all the terrible things he
has done
- starting from corruption, crime, election fraud and ordering murders",
said Zoran Djindjic as he and his reactionary cohorts toasted their
electoral
triumph.
Arresting Milosevic and putting him on trial was a somewhat tricky
affair,
for not only does he command strong support among significant sections
of
the Yugoslav population but, in addition, such a course of action on the
part
of the new government would be seen by the Yugoslavs at large for what
it
really is, namely, a dirty hangman's job by DOS at the behest of US
imperialism - a job to appease the very blood-thirsty criminals who
waged
a genocidal war of aggression against the innocent Yugoslav people and
subjected Yugoslavia to the worst bombardment in Europe since the end of
the Second World War. To get over this difficulty the imperialist, as
well as
the Yugoslav media (the latter now controlled by DOS ) went into
overdrive, spewing out day in and day out, material about the alleged
corruption and crimes of the ousted Milosevic regime. In addition, to
put
further pressure (not that they needed any) on the Yugoslav authorities,
the
US Congress set 31st March as the deadline by which the US
administration
was required to judge whether Belgrade was co-operating or not with the
War Crimes Tribunal.
Surprise, surprise. Just by pure coincidence, hours before this deadline
expired on the midnight of 31st March, Milosevic was arrested by a posse
of
gun-toting gangsters wearing masks. The following Monday morning, the
Financial Times, one of the most important organs of British finance
capital, reported with shameless satisfaction that by arresting and
putting
behind bars Mr Milosevic, "Serbia's new rulers have taken a big new step
towards their country's political and economic rehabilitation". (1st
April
2001).
Imperialism welcomes Milosevic's arrest
The Financial Times went on to say that although the US and the EU still
insist on Milosevic being handed over to Nato's Kangaroo Court (Lalkar's
description - not the FT's), they were likely "� to accept that in
detaining
Mr Milosevic, albeit on charges of abuse of power and financial
wrongdoing, Belgrade has done enough to secure further support".
The same issue of the Financial Times reported Javier Solana, that
disgusting Spanish Social Democrat and war criminal, as greeting the
news
of Milosevic's arrest thus: "Serbia and Yugoslavia have taken today
another
step towards the consolidation of democracy and the rule of law".
The execrable Tony Blairs, Robin Cooks and other war criminals too have
greeted Milosevic's arrest with similar glee. So as not to lag behind,
Kofi
Annan, nominally the UN Secretary General, commented on Milosevic's
arrest in these unctuous terms: "The arrest of Slobodan Milosevic is an
important step in the process of healing after the tragic events in the
Balkans since 1991" (reported in the Financial Times, 2/4/01).
Considering
that his job as the Secretary General is to safeguard the UN Charter,
knowing as he must do that NATO activities aimed at the break-up of
Yugoslavia throughout the 1990s, and culminating in Nato's criminal war
against Yugoslavia, were in violation of international law in general
and the
UN Charter in particular, Kofi Annan's above statement, which blames the
victim for Nato's crimes, is truly breathtaking in it shamelessness and
audacity. No wonder the UN these days is rightly held in contempt and
regarded as the colonial office of imperialism, with the Annans of this
world doing imperialism's dirty work in return for large salaries and
prancing about on the international arena. Their wallets stuffed with
dollars,
they dare not defend the truth.
Corruption charges
The present Belgrade regime has charged Milosevic with corruption, when
in fact the money diverted from federal customs was spent on supporting
the Bosnian Serb Republic Army and the Croatian Serb Republic Army, at
a time when both these armies were under attack from imperialism. "Those
expenditures", as Milosevic has correctly stated, "could not, for
reasons of
state secrecy, be presented in the budget". Further, as Yugoslavia was
subjected to draconian UN sanctions from May 1992 (at the start of the
war
in Bosnia) until the Dayton accords in mid-1996, money was spent on oil
imports and other sanctions busting transactions. The UN, EU and NATO
members then imposed a second round of sanctions in 1998, in connection
with the Kosovo conflict, which lasted until after the removal of Mr
Milosevic from the presidency on 5th October last year. Lastly, money
was
spent on funding state pensions, medicines, hospital equipment and
subsidising state industries and enterprises. Undoubtedly some
unscrupulous
individuals may have made small fortunes out of the troubles through
which
the Yugoslav republic had to negotiate its way, but it hardly points to
corruption on the part of Milosevic - especially considering that the
regime
had one or two rather urgent problems to attend to, namely, how to deal
with the US-led aggression against its country, which imperialism was
determined to break up and, sadly, succeeded in breaking up. In view of
this,
it is not unreasonable of Milosevic to say: "I don't mind any
investigation of
any aspect of my life, but it bothers me to be treated as a criminal for
what I
have done for my state" (quoted in Financial Times, 5/4/1).
Colossal economic problems
The new rulers of Yugoslavia confront devastating economic problems.
Thanks to imperialist sanctions over the past decade, the per capita
income
in Serbia has fallen from $3,000 (�2,140) annually to about $1,300. The
cumulative loss of production of the same period and destruction wrought
by NATO bombing runs into more than $100 billion. The country has a
huge debt of $1,218 billion, owed mostly to the creditors belonging to
the
Paris and London clubs, which needs to be re-negotiated. Production
needs
to be organised in earnest for the population, persuaded as it has been
to
have high expectations, will not brook delay. The regime is under
extreme
pressure from imperialism to press ahead with market-oriented reforms -
a
massive programme of privatisation, price and labour deregulation and
closure of unprofitable plants. To undertake this risky programme, which
is
sure to provoke widespread strikes and social unrest, the new regime
needs
imperialist financial help, which it will not get without first
subjecting Mr
Milosevic to a show trial in Belgrade, but only as a prelude to handing
him
over to Nato's Kangaroo Court at the Hague - the ICTY. Not without
reason, the Financial Times of 2nd April observed that "� Belgrade's
negotiating path will probably be easier in each case now that the
former
President is in jail" (FT, 2/4/1, Serb rules hope arrest will secure
support).
Since the removal of Milosevic, Yugoslavia has received $250 million
from
imperialist quarters. The new regime estimates that it needs a further
$600
million to get through 2001. Its hope is that the arrest of Mr Milosevic
will
speed up the disbursement of these funds. In view of the fact that a
tiny
group of imperialist countries, led by US imperialism, have inflicted
upwards of $100 billion of damage on Yugoslavia, what despicable
flunkeys
must the new regime be composed of that they are prepared to cringe
before, and sell their country to, imperialism for paltry sums of money!
Criminals trying their victims
If Mr Milosevic and his close associates are handed over to Nato's
Court, as
appears increasingly likely at the moment, it will be a case of the
criminal
trying the victim of his crime and a total travesty of justice as
understood by
any reasonable person. It is the leaders of NATO who should be tried by
a
Nuremberg-style tribunal for war crimes, for it is they who broke up the
Federal Republic of Yugoslavia, helped the Croatian regime in the
latter's
successful ethnic cleansing and massacre of Serbs. It is they who,
during the
1999 war against Yugoslavia, killed 2,000 civilians and wounded another
7,000. It is they who devastated the Yugoslav economy with the
destruction
of 82 bridges and 422 educational establishments, including schools and
universities; 48 health institutions, including hospitals; power
stations, oil
facilities and other infrastructure facilities. It is they who bombed 74
television transmission and relay facilities, including the television
station
in Belgrade, which caused such an uproar even in the imperialist
countries,
and which the thoroughly unscrupulous (don't laugh) Development
Secretary (should be called the secretary for death and destruction),
among
others of this corrupt government, had the temerity to describe as a
"legitimate target". Serbian television's only sin was that it broadcast
a film
of the NATO massacre of refugees the week prior to being itself bombed
by
the same 'humanitarian' outfit. It is they - the leaders of NATO, both
civilian and military - who, when the bombardment ended, left behind 2.5
million people in Yugoslavia without the barest means of subsistence.
Instead, those who led the resistance to Nato's barbarism will be hauled
before a tribunal (which is neither international, nor tries criminals
nor
dispenses justice) in which NATO acts as prosecutor, judge and jury.
The nature of the Hague Tribunal
There is no international treaty establishing this tribunal, which
substitutes
private justice in place of public justice. It was set up by a
resolution of the
Security Council of the UN - in complete violation of the UN Charter,
one
of whose fundamental principles is the sovereignty of nations. Former US
Secretary of State, Madeleine Albright - the same who in answer to a
question as to whether it was correct to maintain sanctions against Iraq
even
if they had killed 1.5 million innocent Iraqis, replies: "It was well
worth it"
- was the mother of this tribunal and Bill Clinton (another
'humanitarian'
of Yugoslav, Iraq and Sudan notoriety) was the father. Its funding comes
from the US government, US monopolist corporations, NGOs linked with
the Soros Foundation of American billionaire financier George Soros, the
Carnegie Foundation, the Rockefeller Foundation. The tribunal also
receives
assistance from the Coalition For International Justice (CIJ), funded
and
founded by George Soros' Open Society Institute, and from CEELI (Central
and East European Law Institute) formed by the American Bar Association
and lawyers with close connections to the US administration. CEELI was
formed to further the cause of the replacement of socialist legal
systems
with capitalist legal systems. There is no scope for taking real war
criminals
- the Clintons, Albrights, Wesley Clarkes, Blairs, Cooks, Robertsons,
Schro?ders, Chiracs, D'Alenias and Solanas - to this tribunal. In fact
the
governments of the imperialist countries (sorry, the international
community) vehemently oppose the establishment of a real permanent
International War Crimes Tribunal with jurisdiction to try war
criminals,
not only from small and weak nations, but also to try the leaders of the
blood-sucking imperialist fraternity (beg your pardon, leaders of
Western
democracies).
At the Hague, the NATO Kangaroo Court judges play an active part in
laying charges; there is no provision for bail; the accused is denied
the
presumption of innocence until proved guilty, denied trial by jury,
denied a
counsel of his/her choice; further, under its rules witnesses are
allowed to
maintain their anonymity; the accused can be kept in detention for up to
90
days, and all confessions by the accused - made even during such a
prolonged period of incarceration - are presumed to have been made
freely
and voluntarily.
In the words of Christopher Black, from whose article the information in
the preceding two paragraphs is drawn, "No citizen of any country in the
world would consider themselves fairly tried before a court that was
paid
for, staffed and assisted by private citizens or corporations which had
a
direct stake in the outcome of the trial and who were, themselves, in
practical terms, immune from that court. It is a well established
principle of
law that a party in a legal action, whether civil or criminal, is
entitled to
ask for the removal of any judge sitting on the case when there exists a
reasonable apprehension of bias. In this instance, a compelling argument
can be made that the bias is not only apprehended, it is real, that it
is not of
one judge but of the entire tribunal, that this is not a judicial body
worthy of
international respect but a kangaroo court, a bogus court, with a
political
purpose serving very powerful and identifiable masters. To be consistent
with my thesis I will go further and say that as a political instrument
designed to violate, to destroy, the integrity and sovereignty of a
country, its
creation is a crime against peace under the Nuremberg Principles.
Instead
of resolving conflict as it claims, it is used to justify conflict,
instead of
creating peace, it is used to justify war and therefore is an instrument
of
war" ('An Impartial Tribunal? Really?' from www.Swans. com, and
reproduced in Yugoslavia and the Politics of Intervention, a pamphlet
published by the NW region of the Socialist Labour Party).
No evidence of Genocide
In any case, what will this tribunal find, which has not already been
discovered by a number of bodies, none of which can be suspected of
harbouring an iota of sympathy for the erstwhile Milosevic regime. All
the
horror stories spread by NATO governments in the period leading up to,
and
during, the war against Yugoslavia about the alleged genocide committed
by
the Yugoslav forces have been proved to be what they always were - lies
pure and simple, and the creation of the fertile imagination of the NATO
lying machine, doled out to the servile journalist fraternity employed
by the
imperialist media monopolies, who obediently spread these lies far and
wide. The ICTY's own investigators, eager to discover any evidence that
could be the basis of an indictment against Milosevic, found nothing,
with
all their special excavation equipment and forensic experts, when they
dug
up the Trebca lead and zinc mine near Mitrovica, which was supposed to
have been the site of a mass grave of 700 ethnic Albanians murdered by
the
Yugoslav forces. The FBI's investigations in June and August, 1999,
found
no mass graves; nor did a team of Spanish investigators. During the war,
Nato's propaganda machine splashed satellite images around the world of
what it claimed were mass graves in Pusto Selo - a place where the Serb
forces were alleged to have killed 106 men. Not a single body was
discovered at that site. No bodies, or traces of removal, were
discovered at
Izbica, where 150 ethnic Albanians were supposed to have been killed in
Mach 1999.
What was the war about?
In the end we must conclude that this war was not fought for reasons of
humanitarianism. It was fought for oil and to extend imperialist
hegemony
into the former Soviet republics. Yugoslavia was not only important in
itself but, also for the access that it gave to the oil-rich Black Sea
and
Caspian Sea territories and states. Nato's war against Yugoslavia was an
opening shot in its new strategy of intervening in the internal affairs
of
other countries on the pretext of defending "human rights" and
"democratic
values", that is, in the affairs of any country that resists imperialist
attempts
at exploitation and domination, for there is only one truly "human" and
"democratic" value in the lexicon of capitalist imperialism - the
exploitation of one human being by another and one nation by another
nation. Imperialism, emboldened by the collapse of the former Soviet
Union
and the East European socialist countries, its appetite whetted by the
dazzling prospect of gaining control of the vast territory of the
Peoples
Republic of China (PRC), with its more than a billion people, and
constantly driven by its incurable economic crisis to find new markets,
sources of raw materials and avenues of export of capital, is limbering
up
for new and unprecedentedly dangerous ventures. It wants to subjugate
Russia - hence the extension of NATO right up to the Russian borders and
the Nuclear Missile Defence programme, in violation of the
Anti-Ballistic
Missile treaty (ABM) of 1972 between the US and the former Soviet Union.
It wants to overwhelm the PRC - hence its enhanced military alliance
with
Japan and Taiwan (see the article on the US EP-3 spy plane incident
elsewhere in this issue). US imperialism wants to use NATO as an
instrument of aggression both in Europe and in Asia in order to gain
world
domination by trampling under foot the fundamental rules governing
conduct among independent and sovereign nations.
US imperialists will end up as the Nazis did
But US imperialism will never be able to achieve this aim anymore than
was the Hitlerite regime able to in the 30s and 40s of the last century.
By its
aggression, oppression and exploitation, Nazi Germany aroused the anger
and hostilities of peoples throughout the world, especially in Europe.
Its
conduct even forced other imperialist countries, who had built up Nazi
Germany not only for the suppression of the German proletariat, but also
as
a battering ram for destroying the Soviet Union and Soviet socialism, to
join the very state that they most hated - the USSR - in defeating and
smashing fascist Germany. What guarantee is there that the US will fare
any better? On the contrary, there is every indication that the same
fate
awaits US imperialism as was met by Nazi Germany. If the vanishing of
the
Soviet Union has emboldened US imperialism, it also brought into the
open
all the inter-imperialist contradictions that lay under the surface
prior to
the demise of the Soviet Union. No longer is European imperialism, or
Japanese for that matter, as compliant to the US as during earlier times
when the Soviet Union existed and was a force to be reckoned with, and
against which could be united all the imperialist gangsters. Gone are
the
days when the other imperialist powers accepted unquestioningly US
imperialism's ukase. By riding roughshod everywhere, US imperialism is
helping to intensify to an unprecedented degree all the contradictions
in the
world - between labour and capital, between imperialism and the
oppressed
peoples and countries (Middle East, Latin-America), between imperialism
and the socialist countries (China, DPRK, Cuba, etc.), between it and
other
imperialist countries.
Sure as the Nazis of yore, US imperialism is travelling at breakneck
speed
towards the buffers. The people in the world will give it and other
imperialisms a joyous burial. The proletariat in the imperialist
countries has
a bounden duty to give fraternal support to the peoples in the oppressed
countries in the latter's struggle for liberation from imperialist
oppression
and exploitation. It has a duty to fight for the disbandment of NATO, to
fight against foreign military bases and against all war-mongering and
war
preparations. It has, above all, a duty to fight for the overthrow of
imperialism, which has for too long drenched humanity in blood.
---
Questa lista e' provvisoriamente curata da componenti della
ASSEMBLEA ANTIMPERIALISTA (ex Coord. Naz. "La Jugoslavia Vivra'"):
> http://www.tuttinlotta.org
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