II SYSTEMATIC VIOLATION OF THE SOVEREIGNTY AND TERRITORIAL INTEGRITY OF THE FEDERAL REPUBLIC OF YUGOSLAVIA

1. The sovereignty and territorial integrity of the FR of Yugoslavia are inviolable. All positions, behavior and decisions of KFOR and UNMIK, including those of UNSG Special Representative and Head of UNMIK Bernard Kouchner, which do not recognize or violate the principle of the sovereignty and territorial integrity of the FR of Yugoslavia, as well as all measures or the failures to take them that are contrary to Security Council resolution 1244 (1999) or the Military-Technical Agreement of 9 June 1999 or represent an attempt to revise them, are unacceptable and cannot have any legal effect or be binding in any way on the FR of Yugoslavia and her authorities.

2. Status: Non-implementation and gross violations of Security Council resolution 1244 (1999) and the related documents by UNMIK and KFOR are the outright cause of the dramatic security and general situation in the Province characterized by the continuation of terrorism, mass-scale crime, violence and the ethnic cleansing of Serbs and other non-Albanians and lawlessness.

   The violation of Security Council resolution 1244 (1999) and of the related documents or the non-implementation of the basic obligations from the said documents has, since the deployment of KFOR and UNMIK, resulted in the expulsion of more than 330 000 non-Albanians, primarily Serbs, Muslims, Roma, Turks, Goranci, Croats, Egyptians due to terror perpetrated by the members of the terrorist so-called Kosovo Liberation Army (KLA). UNMIK and KFOR have thereby violated one of the basic principles of Security Council resolution 1244 (1999) which calls for the maintenance of the multi-ethnic, multi-cultural and multi-confessional nature of Kosovo and Metohija.

3. The consequences: Chaos, perpetuation of terror, daily killings, kidnappings and the usurpation of private and state-owned property in the Province are not the consequence of the "objective difficulties" or of the impotence or an insufficient number of international troops in Kosovo and Metohija, but of the patronizing and tolerant attitude towards the terrorist of the so-called "KLA" and Albanian separatism which are the perpetrators of the ethnic cleansing of the non-Albanian population.

4. Security for Serbs is non-existent: KFOR and UNMIK have failed to fulfil their basic obligations to guarantee a secure environment, safety of citizens and their property and to maintain the public peace and order and legality which is an unconditional obligation set forth in op. paragraph 9 of Security Council resolution 1244 (1999). The consequences are: daily terror, killings, kidnappings, mass violations of basic human rights, violence throughout the Province, forcible occupations of houses and apartments, usurpation of personal, public and state-owned property, destruction of religious buildings and historical monument. All this proves unequivocally that the situation continues to deteriorate with far-reaching negative consequences for the entire region in its train. KFOR and UNMIK bear special responsibility for the non-existence of basic security of Serbs and non-Albanians in the Province.

   The statements of UNMIK representatives to the effect that terror, violence and usurpation are decreasing and that the situation in the Province is improving are not true, hoodwink the Security Council and the international public and evince a patronizing attitude towards the terrorist so-called KLA. In the light of the ethnic cleansing of hundreds of thousands of Serbs, Muslims, Roma, Gorani and other non-Albanians, these statements and assessments are hypocritical.

5. UNSG Special Representative and Head of UNMIK: By his regulations, the Special Representative has consciously and deliberately violated the mandate established under Security Council resolution 1244 (1999) and the related documents, in particular the principle of the territorial integrity and sovereignty of the FR of Yugoslavia and appeased Great Albanian separatism and terrorism. Thus, he has ignored the fact that Kosovo and Metohija is an autonomous province - an integral part of a single constitutional-legal, economic, financial-monetary, fiscal, foreign exchange, customs and transport system of the Republic of Serbia and the FR of Yugoslavia.

   In accordance with the obligation to respect the sovereignty and territorial integrity of the FR of Yugoslavia in Kosovo and Metohija, the Special Representative is duty-bound to respect the federal Constitution and other federal legislation, as well as the Constitution of the Republic of Serbia, republic laws and other regulations. The Government of the FR of Yugoslavia insists that this be fully honored in practice.

   Nevertheless, in his regulation No. 1999/1 of 25 July 1999, the Special Representative claims that all legislative and executive powers, including the administration of justice in Kosovo and Metohija, have been vested in UNMIK and are to be exercised by the Special Representative. Thereby, the Special Representative has proclaimed himself absolute authority and Governor of Kosovo and Metohija.

   The Security Council did not grant, not could it grant under the Charter of the United Nations, all the power to the Special Representative, but authorized the UN Secretary General to establish an interim administration for Kosovo under which the people of Kosovo can enjoy substantial autonomy op. para. 10 of Security Council resolution 1244 (1999).

   The powers of the UN interim administration for Kosovo and Metohija are limited to substantial autonomy.

   The international civil presence is limited to performing basic civilian administrative functions. Once the interim institutions for democratic and autonomous self-governance have been established, the international civil presence will transfer its administrative responsibilities while overseeing and supporting the consolidation of Kosovo's local provisional institution and other peace-building activities.

   Hence, the Security Council has envisaged the performance of basic civil administrative duties and not legislative or judicial authority.

6. The UNSG Special Representative has usurped more power than he was given under Security Council resolution 1244 (1999). For that reason, his decisions contravene the letter and the spirit of Security Council resolution 1244 (1999) and the related documents, i.e. the substantial prerogatives of the sovereignty of a state and as such they cannot have any legal effect.

Consequently,

1. Regulation No. 1999/1 of 25 July 1999 on the authority of the interim administration in Kosovo does not have any legal basis and represents an illegal absolutist usurpation of authority.

2. Regulation No. 1999/3 of 31 August 1999 is not based on the resolution. Collection of customs duties does not fall within the powers of a local autonomous authority neither under the laws of the FR of Yugoslavia nor under international conventions and standards. It is the exclusive responsibility of the central authority, i.e. the sovereign state.

3. The monetary function is also a function of a sovereign state. There is no country in the world where this function is exercised by local, autonomous authorities. For that reason, regulation No. 1999/4 of 2 September 1999 has no grounds in Security Council resolution 1244 (1999).

4. Regulation 1999/5 of 4 September 1999 about an ad hoc final court of appeals is not based on Security Council resolution 1244 (1999) either. The Special Representative does not have the mandate to regulate administration of justice and introduce a new judicial system in the Province, a part of the sovereign territory of the FR of Yugoslavia. In addition, local self-governance cannot limit the reach of judicial authority of the state whose integral part it forms. Likewise, UNMIK and KFOR, as well as the Special Representative, are obligated in the Province to respect the organization of judicial authority and enforce the laws of the Republic of Serbia and the FR of Yugoslavia.

5. Regulation No. 1999/10 of 13 October 1999 on the repeal of the alleged discriminatory laws is groundless and, as such, it is unlawful. Security Council resolution 1244 (1999) does not give the Special Representative any legislative and judicial powers, particularly not in regard to the control of the Yugoslav or republic laws.

6. Regulations Nos. 1999/6 of 7 September 1999 and 1999/7 of 7 September 1999 on the administration of justice and the Prosecutor's Office are not based on Security Council resolution 1244 (1999).

7. Regulation No. 1999/9 of 24 September 1999 on the importation of oil derivatives is not based on Security Council resolution 1244 (1999). Foreign trade relations, the import policy and property regime are prerogatives of sovereignty and fall within the purview of the central state authority rather than that of local autonomy.

8. The supervision of payments offices and services, as well as postal and telecommunications service, granting of permits for establishing financial institutions, as well as registration of vehicles are matters that are regulated in a uniform manner for the entire territory of the FR of Yugoslavia. It is inconceivable to establish, for certain parts of the state, separate organizations at the level of local self-government that will perform these matters. For that reason, regulations Nos. 1999/11 of 13 October 1999; 1999/12 of 14 October 1999; 1999/13 of 16 October 1999; and 1999/15 of 21 October 1999 have no grounds in Security Council resolution 1244 (1999) and represent a drastic example of an attempt to separate Kosovo and Metohija from the Republic of Serbia and the FR of Yugoslavia and to sever its ties with the Republic of Serbia and the FR of Yugoslavia.

9. The regulation of international air traffic is an exclusive responsibility of the sovereign state. Therefore, the establishment of international air traffic services between Pristina and certain international centers, without the consent of the competent state authorities of the FR of Yugoslavia, represents a violation of the unity of the Yugoslav air space, international conventions and Yugoslav laws and is absolutely unacceptable. The fact that air traffic has been established by the arbitrary decision of UNMIK even between the Province and the states with which the FR of Yugoslavia has no diplomatic relations is unprecedented, while at the same time the request of the competent authorities of the FR of Yugoslavia to normalize domestic civil air traffic with the Province is ignored.

The Government of the FR of Yugoslavia recalls that it has, in connection with all the said unlawful regulations of the Special Representative, addressed most resolute protests to the President of the Security Council and to KFOR and UNMIK and insisted that these unlawful regulations be repealed immediately on which it insists also on this occasion.

c. The UNSG Special Representative has not implemented or has violated other strict obligations under Security Council resolution 1244 (1999) as well.

1. Maintenance of civil law and order and the protection of human rights: The security situation in the Province indicates that the Special Representative is pursuing a policy of appeasing Albanian terrorists and criminals, which has resulted, since the deployment of UNMIK and KFOR, in the transformation of the Province into a center of terrorism, organized crime, illegal arms trade, narcotics trafficking and smuggling of white slaves, as well as in daily robberies and killings, maltreatment, blackmail and violence, aimed at Serbs, Muslims, Roma, Turks, Gorani, Croats, Egyptian and other non-Albanians. Instead of working to restore civil law and order and protect basic human rights, in particular the right to life, the United Nations mission has failed to take necessary measures even against the well-known organizers and perpetrators of the gravest crimes against Serbs and other non-Albanians, including genocide.

2. On the other hand, arbitrary arrests of Serbs, the detentions over periods of more than two months without bringing any charges against them and without granting them the right to hire an attorney of their own choice take place every day. UNMIK imposes attorneys of Albanian nationality whom Serbs do not trust. This represents an additional violation of the basic human rights of arbitrarily arrested persons. The Security Council and UNHCHR are duty-bound to see to it that this practice be stopped immediately.

3. The Special Representative has failed to take measures to secure the state border of the FR of Yugoslavia with the Republic of Albania and to enable the competent Yugoslav authorities to carry out the usual control in accordance with international standards, Security Council resolution 1244 (1999) and the Military-Technical Agreement. Thereby over 200,000 non-citizens of the FR of Yugoslavia, mainly nationals of the Republic of Albania, have entered the territory of the FR of Yugoslavia illegally, among them a large number of criminals, terrorists and bandits, including persons after whom international wanted circulars have been issued.

   The Yugoslav Government requested the Security Council, Secretary-General and the Special Representative on a number of occasion that all foreign nationals, illegally residing in the territory of the FR of Yugoslavia be expelled. Unfortunately, it received no answer to those requests nor was it acted upon them.

   The Government of the FR of Yugoslavia insists that all foreigners be expelled from Kosovo and Metohija as part of her sovereign territory and that the border with Albania and Macedonia be closed to illegal entries.

4. The Special Representative has failed to fulfil the obligations under Annex 2 of Security Council resolution 1244 (1999), paragraph 6, which stipulates that, upon the pullout of the Yugoslav security forces, an agreed number of VJ (Yugoslav Army) and police personnel will be allowed to return in order to perform specified duties. Despite the official, several times reiterated, request that the Government of the FR of Yugoslavia addressed to the Security Council and the Secretary-General, as well as to KFOR and UNMIK, this obligation has not yet been fulfilled.

   The Government of the FR of Yugoslavia calls upon the Security Council to enjoin the implementation of this provision of Security Council resolution 1244 (1999), the Ahtisaari/Chernomyrdin document and the Military-Technical Agreement.

5. The establishment of local authorities and the elections: The UNMIK position proclaiming arbitrarily the Serbs a minority in their own state is unacceptable.

   The resolution does not give the Special Representative the competence to arbitrarily designate the "legitimate" representatives of the Serbs, individuals and political parties. This represents a flagrant violation of the democratic will of the Serbian people in Kosovo and Metohija. The imposition of the "Transitional Council" represents an act of arbitrariness, designed to provoke divisions within the Serbian people and to ease the position of Albanian terrorists and separatists.

   The Serbs and other national communities can be represented only by those representatives democratically elected by the Serbian population, i.e. other national communities, on the basis of their freely expressed will.

   The fulfillment of the obligation set out in op. paragraph 11 item c) and f) of Security Council resolution 1244 (1999) presupposes: Firstly, a political dialogue in order to reach a political democratic settlement on autonomy and self-governance, on the basis of equality of citizens and national communities and respect for the sovereignty and territorial integrity of the FR of Yugoslavia and the Republic of Serbia. In this dialogue only the legitimate representatives of the Serbian and Montenegrin peoples and members of national minorities or ethnic groups living in Kosovo and Metohija may take part.

   Secondly, an early population census in accordance with the legislation in force in the FR of Yugoslavia and the Republic of Serbia once all the necessary, particularly security, conditions have been created. This is a conditio sine qua non for the organization and holding of just and fair elections in accordance with the laws in force of the Republic of Serbia and the FR of Yugoslavia.

6. The border regime and the treatment of foreign nationals: usurpation of the powers of the legal border authorities of the FR of Yugoslavia in the field of securing the state border and border crossing points by KFOR and UNMIK represents a gross violation of op. paragraph 4 of Security Council resolution 1244 and of item 2 of Annex II.

   The Government of FR Yugoslavia insists that the provisions of the relevant resolution be implemented without any further delay (op. paragraph 4 and Annex II, item 6) which envisage the return of VJ troops and the police to border crossing points with a view to ensuring strict control and preventing banditry and crime, including international narcotics trafficking (narco-mafia), illicit trade in arms, white slaves, money laundering etc.

   Proceeding from the provisions of the resolution guaranteeing the sovereignty of the FR of Yugoslavia, KFOR was obligated to ensure full security control of the international border between FR Yugoslavia and Albania and Macedonia (op. paragraph 9, item g) of the resolution), ensure the normal and efficient functioning of the Yugoslav customs, passport-visa service and immigration, anti-criminal, sanitary, phyto-sanitary, veterinary and other controls, as well as give security guarantees to Yugoslav competent customs officials, including safety at work at border crossing points and customs houses and their safe arrival to, and departure from, work.

   By failing to carry out their obligations and by their tolerant attitude, KFOR and UNMIK have become responsible for a massive, illegal and uncontrolled entry of foreigners, terrorists and criminals, including Mujahedeen terrorists, into the territory of the FR of Yugoslavia.

   In addition, by its regulation 999/3 of 1 September 1999, UNMIK has established, without any authorization, a separate customs service, thus flagrantly violating the clear provisions of Security Council resolution 1244 (1999) on the sovereignty and territorial integrity of the FR of Yugoslavia. The Government of the FR of Yugoslavia recalls the request that in this connection the Permanent Mission of the FR of Yugoslavia to the United Nations addressed to the President of the Security Council on 3 September 1999.

   By such behavior and the policy of fait accompli, KFOR and UNMIK are instrumental in directing the developments in the direction of the realization of the plan of Albanian separatists and terrorists about Greater Albania. This is the cause and source of the threat to peace and stability in the broader region of the Balkans and Southeast Europe. The Government of the FR of Yugoslavia reiterates its request that the Security Council, pursuant to the provisions of Security Council resolution 1244 (1999), take the most vigorous measures to have UNMIK and KFOR honour their mandates and put an end to the hopes and ambitions of separatists and terrorists aimed at changing the borders in the region and its further destabilization. The FR of Yugoslavia rejects resolutely and condemns most strongly all steps, decisions and behavior along the line of support to separatism and terrorism and the policy of fait accompli pursued by UNMIK and the Special Representative and considers them as a callous and dangerous deception of the Security Council and the international public.

7. The personal documents regime: The issues of citizenship and domicile represent one of the most important attributes of sovereignty and an element for the exercise of human rights and fundamental freedoms and their protection and respect, including election rights. A uniform regime of issuance of personal documents which is in force in the entire territory of the FR or Yugoslavia is applied in Kosovo and Metohija as a sovereign part of the unified territory of the FR of Yugoslavia and the Republic of Serbia.

   Therefore, UNMIK's intent to register citizens and issue personal documents directly contravenes the provisions of Security Council resolution 1244 (1999) and the related documents re-affirming the sovereignty and territorial integrity of the FR of Yugoslavia on her entire territory, including the Province of Kosovo and Metohija. In accordance with that, the decisions by UNMIK in contravention of this provision cannot have any legal effect and will not be recognized by the Government of the FR of Yugoslavia.

   Proceeding from the clear provisions of the resolution, the Government of the FR of Yugoslavia demands that the valid laws of the FR of Yugoslavia governing the visa issuance regime and personal documents of citizens (ID cards, passports, etc.), as well as registration of citizens be observed and fully enforced.

8. Visits by foreign officials: It has become an established pattern of behavior for foreign officials during their visits to Kosovo and Metohija to disregard the regular procedure envisaged under the Vienna Convention on Diplomatic Relations, as well as the visa regime in force, thus violating the provisions of the resolution and its Annex II, items 5 and 8.

   The practice of setting up para-diplomatic representative offices by certain states in the Province is particularly unacceptable and it represents a glaring example of a gross violation of the Vienna Conventions, Security Council resolution 1244 (1999) and international diplomatic practice.

   The Government of the FR of Yugoslavia demands that, regardless of the purpose and the nature of the visits, the regular procedure of arranging visits through diplomatic channels be followed consistently. When establishing representative offices, international organizations or foreign countries are duty-bound to comply with the relevant provisions of the Vienna Conventions.

   The Government of the FR of Yugoslavia re-emphasizes that it has not transferred to anyone its sovereign rights regarding decision-making on visits by foreign statesmen to any part of its sovereign territory. It expects the Security Council and the Secretary- General to take all the necessary measures to ensure that the sovereign rights of the FR of Yugoslavia be recognized in equal measure as those of other sovereign UN member states and that, accordingly, the policy of double standards be discontinued immediately.

   Likewise, the Government of the FR of Yugoslavia considers the establishment of para-diplomatic representative offices by foreign states in Kosovo and Metohija as unacceptable acts designed to dismember the FR of Yugoslavia and as a sign of appeasing the separatist aspirations of the Kosovo and Metohija terrorist leaders and parties. .

9. Construction of a U.S. military base: The members of the U.S. contingent of KFOR are building a big military base with an airport in the vicinity of Urosevac, as well as bases in Podujevo and Pec without any approval from the competent Yugoslav authorities. This act represents the most flagrant example of the violation of the sovereignty and territorial integrity of the FR of Yugoslavia. At the same time, such behavior of the participants in the UN peace-keeping mission is absolutely incompatible with the principles on the establishment and operation of UN peace-keeping missions.

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