The UN illegally created a problem when admitting Macedonia
Friday, 07 August 2009
Professor Igor Janev is on a personal mission against Greece. He has attempted to talk the Macedonian Government into pursuing legal avenues at the UN for more than 10 years. Most recently, Professor Janev was one of the initiators that helped Serbia win their case at the UN in questioning the legality of Kosovo's declaration for independence. Professor Janev advises Macedonia to follow Serbia and question Greece at the UN's General Assembly. While Macedonia has so far rejected/ignored professor Janev's recommendations, foreign countries ask for and follow his advice.
Few decades ago, in 1948, Portugal was not allowed to be admitted at the UN without prior recognition by the then USSR. The ICJ stepped in and formed a law prohibiting the UN in setting new conditions on countries being admitted to the UN. Yet similarly to Portugal, under bizarre and illegal circumstances, Macedonia was asked to use temporary name in order to become a member?
Below is an excerpt of an interview Professor Janev gave Macedonian media.
How do you grade the present Macedonian position, the process in Hague, Nimetz...
- Someone ought to explain to Mr. Nimetz that Macedonia has no intentions to solve someone else's problem, a problem illegally created by the UN, thus creating an ultra vires act. Macedonia can't be a hostage of someone else's mistakes. The UN will fix their error by transferring the case to the ICJ.
Why MANU gives no support in the 'name negotiations'
- MANU is not well informed about the problem and has lack of experience when it comes to international laws tied to the name negotiations. If different, MANU would long ago recommended stoppage of all negotiations with Greece! Because of its lack of experienced intellectuals, MANU in its agenda gave no statement on the existence of lawful way to terminate negotiations and move discussions at the UN's General Assembly. This is a huge omission by a high institution such as the Academy.
How many countries does Macedonia need at the UN to support transfer of dispute at ICJ?
- The number of non-aligned countries is 118. Tabling this question at the UN will require the support of minimum 41 countries. In Kosovo's case, it was the Non-Aligned nations who gave an overwhelming support to Serbia, which received 77 votes.
What this means for Macedonia? With minimal to no lobbying effort, Macedonia will receive at least 60 votes at the UN.
UN's court is aware the UN has broken articles 1, 4, 7 of the UN's Charter when admitting Macedonia to the UN. This case is identical to the 1948 Portugal case which we should call upon.
There is no doubt the General Assembly will vote in favor of Macedonia after it hears the opinion of the court, thus cementing the "Republic of Macedonia" at the UN.
Why talks on Language, Identity?
- This is the result of complete incompetence demonstrated by Macedonian diplomats. This is the only reason why things such as culture, linguistics, going as far as and comparing the 'historical' identity of Greece is being negotiated. According to SC resolution 817, GA 47/225) the talks are only for the state's name. The legal identity is an integral part, with essential character, and is used for legal identification or in legal cases. The legal identity can not be forced onto or taken away from someone. It is also illegal to ask a country (with conditions) to endlessly negotiate over its legal identity. Furthermore, it is nonsense to discuss culture or linguistics as both are not mentioned anywhere in the UN resolution.
This situation clearly shows the Macedonian side has tremendous lack of knowledge on the legality of this problem by putting the legal identity, cultural and national identity in the same basket. The Greeks understand this, being helped by the fact that Macedonian delegation continues to say the 'dispute' is a bilateral problem.
Not the case, this is a multilateral problem, we are not discussing, we are Negotiating. The Greeks understand that the Macedonians, in fact, do not understand the legal nature of this problem.
Any Legal ways left ?
- Referendum, can always be put in front of the citizens. I have no doubt the Macedonians will say "NO" to any change.
The question is whether we even need a referendum? We have already voted for independence, and it was then that we decided Macedonia to be Macedonia. There is no need for another referendum, especially not one instigated by Greece.
My stance is that Macedonia should not change the name. Instead should consider legal avenues at the UN and the ICJ.
What do you think of Branko Crvenkovski and his work as president, prime minister?
I believe our former president Crvenkovski is not an individual of low morale or a traitor. He is an individual with zero qualifications in the matter of international relations, politics, state affairs. It is only in this sense that I understand his unprofessional and amateurish statements in regards with the name dispute.
One thing stands. This man, with known lack of qualifications and basic knowledge lead Macedonia for many years in the international field and contributed for zero problems to be effectively solved or brought to a conclusion.