ARTEL GEOPOLITIKA by www.artel.co.yu
office@...
Date:19 September 2002
REQUEST BY NATO'S VICTIMS OF THE RTS-BOMBARDMENT AND THE
NIS CLUSTERBOMB ATTACK
PRESS RELEASE BY NATOSUED.ORG
9 September 2002
REQUEST BY NATO'S VICTIMS OF THE RTS-BOMBARDMENT AND THE
NIS CLUSTERBOMB ATTACK FOR ACCESS TO PRELIMINARY HEARINGS,
DATED 22-04-2002
SUMMARY
22-04-2002 a 50 pages request was submitted to the Hague
District Court for preliminary hearings. This on behalf of
the victims and their surviving relatives of the
RTS-bombardment and the clusterbomb attack on Nis. The
requested site is the State of the Netherlands.
The court is requested to rule that it was permitted to
force the former Dutch top members of government, Dutch
top MP's and members of the Dutch military, responsible
for the Dutch participation in NATO's war against
Yugoslavia, to appear in courtroom in person, in order to
testify in public on the role they played in person in the
planning, preparation, instigation, intitiative,
participation and execution of NATO's joint war of
aggression against Yugoslavia.
This request was directed at the former Dutch Prime
Minister Kok, the former Dutch Minister of Defense de
Grave and the former Dutch Minister of Foreign Affairs Van
Aartsen, the (former) Dutch MP's de Hoop Scheffer, Van
Nieuwenhoven, Blaauw, Valk and Hoekema, the (former)
highest ranking Dutch army officials Droste, Van Baal and
Kroon and the following pilots and crew-members of Dutch
F-16 warplanes, which have participated directly in the
agression against Yugoslavia: J. Abma, P. Dirksen and G.
Huisman.
In this request is is stated that the persons mentioned
above should testify about their pretended arguments for
legitimation of NATO's war, viewed in the light of
international law, prohibiting violence, agression and all
acts of intervention, while the same international law is
stressing that violation of this absolute ban should be
considered the most serious crime according to
international law.
In this request it is also stated that these Dutch persons
mentioned, who have acted as the main responsibles for the
Dutch participation in NATO's war of aggression against
Yugoslavia, should give evidence with respect to their
pretended arguments for legitimation of the use of
clusterbombs.
There is much confusion to what extent clusterbombs are to
be considered prohibited weapons according to
international law, on the one hand since they cause
unnecessarily and superfluous suffering, on the other hand
because they has to be considered weapons of mass
destruction. An UN-Subcommittee for human rights is
dealing with these questions, but the progress of this
inquiry is constanly undermined by the western powers,
mainly the United States.
Anyhow, it is for sure that a lot of clusterbomb-types are
prohibited by the Dutch government, as being contrary to
the Anti Personal Mines Treaty. Consequently these types
are banned from the Dutch arsenals of weaponry. But
nvertheless they have been used, on a very big scale, in
NATO's war against Yugoslavia. By the Americans, who do
not recognize this Ottawa Treaty.
This raises the question of Dutch co-responsibily for the
use of this forbidden weaponry against the people of
Yugoslavia.
Another important issue for this preliminary hearings will
be the question of military target and the obligations by
Article 52 par. 2 Protocol I at the Geneva Conventions of
1949, stipulating that attacks should be limited stricty
to military targets and further that such military targets
are only permitted targets when the attack results into a
clear military advantage under the circumstances of that
moment.
All prominent Dutch politicians and military officials
have expressed their approval with these enormous
destructions, made by NATO, in general and, more
specifically, they have also expressed their approval with
the RTS-bombardments, or they at least have never
dissociated themselves from the bombardment on the Nis
market place and medical clinic.
So they urgently should explain how these disproportional
destructions and these attacks might be reconciled with
the imperative of international humanitarian law, saying
that only military targets in the sense of Article 52 par.
2 Protocol I are legitimate military targets.
A further item for these hearings is the duty according to
international law to give an effective warning before
undertaking bombardments, which could result into civilian
casualties.
The persons mentioned should testify how far this
obligation to give an effective warning was meet by NATO,
before the execution of the RTS-bombardment and the
clusterbomb-attack on Nis. These last questions are also
still very emotinally charged in the public debate in
Yugoslavia till today.
WRITTEN DEFENSE AGAINST THE REQUEST FOR ACCESS TO
PRELIMINARY HEARINGS, DATED 25 AUGUST 2002
August 25, 2002, the State of the Netherlands submitted a
written defense against the demand by the future
plaintiffs to undertake priliminary hearings in courtroom.
The State of the Netherlands strongly rejected the claim
for such preliminary hearings, stating that all evidence
necessary for launching a lawsuit by the victims of the
RTS-bombardment and the Nis clusterbomb attack was already
at hand. In the opinion of the State of the Netherlands
all information needed can be derived from the proceedings
of the Dutch Lower House, annexed by the State to his
written defense, and from the earlier verdicts pronounced
by Dutch legal instances in legal proceedings between
Yugoslav citizens and the State of the Netherlands during
the war, also annexed to the written defense of the State.
Moreover, it was said by the State of the Netherlands that
there is an mutual international agreement between
NATO-countries, prohibiting to open up information
regarding NATO-issues and that all infomation with respect
to missions of Dutch F-16's is considered to be classified
as state secret.
COURT SESSION, DATED 5 SEPTEMBER 2002
On September 5, 2002, a public courtroom session was held
by the Hague District Court, dealing with the request of
the RTS and NIS clusterbomb-victims and the objections by
the State of the Netherlands against the possible granting
of it.
At this occasion, Natosued.org, the continuation of the
Permanent Commission with respect to (Dutch) War Crimes in
Yugoslavia (PC), issued the the following press release:
PRESS RELEASE
NATOSUED.org
Thuesday, 3 September 2002
THE HAGUE DISTRICT COURT DEALS WITH REQUEST TO HEAR FORMER
FORMER DUTCH TOP POLITICIANS AND MILITARY AS WITNESSES IN
PRELIMINARY COURT HEARINGS
The Hague, 3 September 2002
The Hague District Court in the Netherlands deals this
Thursday 5 September 2002 with a request for preliminary
hearings, targeting Dutch top politicians like the former
Dutch ministers Kok, Van Aartsen and de Grave, prominent
Dutch MP's and representants of the Dutch military.
This court session starts on September 5 at 14.00 h.in the
Palace of Justice, Prins Clauslaan 60, the Hague and will
be public for all, including the press.
The court must rule which witnesses shall have to give
preliminary evidence in the preparatory stage of the
forthcoming lawsuit, about to be undertaken by the victims
of NATO's bombardments on the RTS-studio in Belgrade and
of the clusterbomb attacks on the Nis medical centre and
market place during NATO's war against Yugoslavia. These
victims and their relatives will claim damages before the
Dutch District Court in the Hague.
Prior to this proceedings the victims and their relatives
have submitted a claim that Dutch high ranking politicians
and military, but also Dutch F-16 pilots, responsible for
these NATO crimes according to the standards of the
Nürmberg trials, should testify in preliminary hearings.
There was a lot of obstruction by court officials before a
date for this court session was finally fixed. Court
functionaries of the District Court as well as the Dutch
Supreme Court used delaying tactics, despite their legal
duty to bring this item on the Court's agenda. From april
till now they forced a delay.
As soon as the request was made, court officials pretended
that they didn't know where they could find the offical
legal address of the State of the Netherlands, usually the
registrary of the Attorney-General of the Dutch Public
Prosecutor at the Dutch Supreme Court in the Hague. Only
after strong pressure they agreed to pass this request
through to this functionary. Only to hear from this
official that he refused to accept this and to act, as
usual, as liaison with the State of the Netherlands.
"It was really like Kafka", the spokesman of Natosued.org,
Hans Hupkes says. "It was a complete mystery what should
be else the formal entrance to the State of Netherlands.
Finally it became clear for all that normal procudures
could be frustrated no longer, so at the end they had to
accept and file this request, delayed from april,
properly", Hupkes tells.
In his written statement in response to the request the
State of the Netherlands strongly opposes this request.
Stating primarily that, under a 1998 Treaty between the
Netherlands and NATO it is forbidden for politicians and
military to testify about NATO affairs, that according to
this agreement all information about NATO activities is
purely owned by NATO, and that all questions relating to
NATO's bombardments and the role of the Dutch State in it
is classified as state secret.
For further information
Hans Hupkes, spokesman of natosued.org
tel. 074-243 28 87 (private) 030-273 83 76 (office)
E-mail. info@...
Internet www.natosued.org
Natosued.org is the continuation of the Permanent
Commission with respect to (Dutch) War Crimes in
Yugoslavia (PC) REVIEW OF THE COURT SESSION During the
September 5, 2002 court session both parties, the State of
the Netherlands and the representative of the Yugoslav
citizens, persisted in their respective positions. So next
step is to wait for a decision by the court on the
request. see www.natosued.org _
office@...
Date:19 September 2002
REQUEST BY NATO'S VICTIMS OF THE RTS-BOMBARDMENT AND THE
NIS CLUSTERBOMB ATTACK
PRESS RELEASE BY NATOSUED.ORG
9 September 2002
REQUEST BY NATO'S VICTIMS OF THE RTS-BOMBARDMENT AND THE
NIS CLUSTERBOMB ATTACK FOR ACCESS TO PRELIMINARY HEARINGS,
DATED 22-04-2002
SUMMARY
22-04-2002 a 50 pages request was submitted to the Hague
District Court for preliminary hearings. This on behalf of
the victims and their surviving relatives of the
RTS-bombardment and the clusterbomb attack on Nis. The
requested site is the State of the Netherlands.
The court is requested to rule that it was permitted to
force the former Dutch top members of government, Dutch
top MP's and members of the Dutch military, responsible
for the Dutch participation in NATO's war against
Yugoslavia, to appear in courtroom in person, in order to
testify in public on the role they played in person in the
planning, preparation, instigation, intitiative,
participation and execution of NATO's joint war of
aggression against Yugoslavia.
This request was directed at the former Dutch Prime
Minister Kok, the former Dutch Minister of Defense de
Grave and the former Dutch Minister of Foreign Affairs Van
Aartsen, the (former) Dutch MP's de Hoop Scheffer, Van
Nieuwenhoven, Blaauw, Valk and Hoekema, the (former)
highest ranking Dutch army officials Droste, Van Baal and
Kroon and the following pilots and crew-members of Dutch
F-16 warplanes, which have participated directly in the
agression against Yugoslavia: J. Abma, P. Dirksen and G.
Huisman.
In this request is is stated that the persons mentioned
above should testify about their pretended arguments for
legitimation of NATO's war, viewed in the light of
international law, prohibiting violence, agression and all
acts of intervention, while the same international law is
stressing that violation of this absolute ban should be
considered the most serious crime according to
international law.
In this request it is also stated that these Dutch persons
mentioned, who have acted as the main responsibles for the
Dutch participation in NATO's war of aggression against
Yugoslavia, should give evidence with respect to their
pretended arguments for legitimation of the use of
clusterbombs.
There is much confusion to what extent clusterbombs are to
be considered prohibited weapons according to
international law, on the one hand since they cause
unnecessarily and superfluous suffering, on the other hand
because they has to be considered weapons of mass
destruction. An UN-Subcommittee for human rights is
dealing with these questions, but the progress of this
inquiry is constanly undermined by the western powers,
mainly the United States.
Anyhow, it is for sure that a lot of clusterbomb-types are
prohibited by the Dutch government, as being contrary to
the Anti Personal Mines Treaty. Consequently these types
are banned from the Dutch arsenals of weaponry. But
nvertheless they have been used, on a very big scale, in
NATO's war against Yugoslavia. By the Americans, who do
not recognize this Ottawa Treaty.
This raises the question of Dutch co-responsibily for the
use of this forbidden weaponry against the people of
Yugoslavia.
Another important issue for this preliminary hearings will
be the question of military target and the obligations by
Article 52 par. 2 Protocol I at the Geneva Conventions of
1949, stipulating that attacks should be limited stricty
to military targets and further that such military targets
are only permitted targets when the attack results into a
clear military advantage under the circumstances of that
moment.
All prominent Dutch politicians and military officials
have expressed their approval with these enormous
destructions, made by NATO, in general and, more
specifically, they have also expressed their approval with
the RTS-bombardments, or they at least have never
dissociated themselves from the bombardment on the Nis
market place and medical clinic.
So they urgently should explain how these disproportional
destructions and these attacks might be reconciled with
the imperative of international humanitarian law, saying
that only military targets in the sense of Article 52 par.
2 Protocol I are legitimate military targets.
A further item for these hearings is the duty according to
international law to give an effective warning before
undertaking bombardments, which could result into civilian
casualties.
The persons mentioned should testify how far this
obligation to give an effective warning was meet by NATO,
before the execution of the RTS-bombardment and the
clusterbomb-attack on Nis. These last questions are also
still very emotinally charged in the public debate in
Yugoslavia till today.
WRITTEN DEFENSE AGAINST THE REQUEST FOR ACCESS TO
PRELIMINARY HEARINGS, DATED 25 AUGUST 2002
August 25, 2002, the State of the Netherlands submitted a
written defense against the demand by the future
plaintiffs to undertake priliminary hearings in courtroom.
The State of the Netherlands strongly rejected the claim
for such preliminary hearings, stating that all evidence
necessary for launching a lawsuit by the victims of the
RTS-bombardment and the Nis clusterbomb attack was already
at hand. In the opinion of the State of the Netherlands
all information needed can be derived from the proceedings
of the Dutch Lower House, annexed by the State to his
written defense, and from the earlier verdicts pronounced
by Dutch legal instances in legal proceedings between
Yugoslav citizens and the State of the Netherlands during
the war, also annexed to the written defense of the State.
Moreover, it was said by the State of the Netherlands that
there is an mutual international agreement between
NATO-countries, prohibiting to open up information
regarding NATO-issues and that all infomation with respect
to missions of Dutch F-16's is considered to be classified
as state secret.
COURT SESSION, DATED 5 SEPTEMBER 2002
On September 5, 2002, a public courtroom session was held
by the Hague District Court, dealing with the request of
the RTS and NIS clusterbomb-victims and the objections by
the State of the Netherlands against the possible granting
of it.
At this occasion, Natosued.org, the continuation of the
Permanent Commission with respect to (Dutch) War Crimes in
Yugoslavia (PC), issued the the following press release:
PRESS RELEASE
NATOSUED.org
Thuesday, 3 September 2002
THE HAGUE DISTRICT COURT DEALS WITH REQUEST TO HEAR FORMER
FORMER DUTCH TOP POLITICIANS AND MILITARY AS WITNESSES IN
PRELIMINARY COURT HEARINGS
The Hague, 3 September 2002
The Hague District Court in the Netherlands deals this
Thursday 5 September 2002 with a request for preliminary
hearings, targeting Dutch top politicians like the former
Dutch ministers Kok, Van Aartsen and de Grave, prominent
Dutch MP's and representants of the Dutch military.
This court session starts on September 5 at 14.00 h.in the
Palace of Justice, Prins Clauslaan 60, the Hague and will
be public for all, including the press.
The court must rule which witnesses shall have to give
preliminary evidence in the preparatory stage of the
forthcoming lawsuit, about to be undertaken by the victims
of NATO's bombardments on the RTS-studio in Belgrade and
of the clusterbomb attacks on the Nis medical centre and
market place during NATO's war against Yugoslavia. These
victims and their relatives will claim damages before the
Dutch District Court in the Hague.
Prior to this proceedings the victims and their relatives
have submitted a claim that Dutch high ranking politicians
and military, but also Dutch F-16 pilots, responsible for
these NATO crimes according to the standards of the
Nürmberg trials, should testify in preliminary hearings.
There was a lot of obstruction by court officials before a
date for this court session was finally fixed. Court
functionaries of the District Court as well as the Dutch
Supreme Court used delaying tactics, despite their legal
duty to bring this item on the Court's agenda. From april
till now they forced a delay.
As soon as the request was made, court officials pretended
that they didn't know where they could find the offical
legal address of the State of the Netherlands, usually the
registrary of the Attorney-General of the Dutch Public
Prosecutor at the Dutch Supreme Court in the Hague. Only
after strong pressure they agreed to pass this request
through to this functionary. Only to hear from this
official that he refused to accept this and to act, as
usual, as liaison with the State of the Netherlands.
"It was really like Kafka", the spokesman of Natosued.org,
Hans Hupkes says. "It was a complete mystery what should
be else the formal entrance to the State of Netherlands.
Finally it became clear for all that normal procudures
could be frustrated no longer, so at the end they had to
accept and file this request, delayed from april,
properly", Hupkes tells.
In his written statement in response to the request the
State of the Netherlands strongly opposes this request.
Stating primarily that, under a 1998 Treaty between the
Netherlands and NATO it is forbidden for politicians and
military to testify about NATO affairs, that according to
this agreement all information about NATO activities is
purely owned by NATO, and that all questions relating to
NATO's bombardments and the role of the Dutch State in it
is classified as state secret.
For further information
Hans Hupkes, spokesman of natosued.org
tel. 074-243 28 87 (private) 030-273 83 76 (office)
E-mail. info@...
Internet www.natosued.org
Natosued.org is the continuation of the Permanent
Commission with respect to (Dutch) War Crimes in
Yugoslavia (PC) REVIEW OF THE COURT SESSION During the
September 5, 2002 court session both parties, the State of
the Netherlands and the representative of the Yugoslav
citizens, persisted in their respective positions. So next
step is to wait for a decision by the court on the
request. see www.natosued.org _