Proceeding from the fact that the Republic of Serbia is an internationally recognized state, one of the founders and a member of the United Nations as well as of many other international organizations;
Proceeding from the fact that the Republic of Serbia, like all other member states of the United Nations, is subject to the fundamental principles and norms of the United Nations Charter which guarantees the sovereignty and territorial integrity of independent states within their internationally recognized borders;
Proceeding from the fact that the Constitution of the Republic of Serbia guarantees the sovereignty and territorial integrity of the Republic of Serbia and that the Constitution of the Republic of Serbia explicitly says that the Province of Kosovo and Metohija forms an integral part of Serbia’s territory, has the status of substantive autonomy within the sovereign state of Serbia and that, based on such a status of Kosovo and Metohija, all its administrative bodies, including the Government of the Republic of Serbia, have a constitutional duty to represent and protect Serbia’s state interests in Kosovo and Metohija;
Proceeding from the fact that on 26 December the National Assembly of the Republic of Serbia adopted the Resolution on the Protection of Sovereignty, Territorial Integrity and Constitutional Order of the Republic of Serbia which set out that any declaration of Kosovo’s independence as well as recognition thereof by any state, would constitute a gross violation of international law and primarily of the UN Charter, the Helsinki Final Act and Security Council Resolution 1244. Such acts and activities would directly jeopardize the sovereignty, territorial integrity and constitutional order of the Republic of Serbia;
Proceeding from the fact that the United Nations Security Council Resolution 1244 has explicitly stipulated that Kosovo and Metohija forms an integral part of the Republic of Serbia, that this resolution has affirmed “the commitment of all the states to its sovereignty and territorial integrity” as well as that this legal fact has also been explicitly mentioned in previous United Nations Security Council Resolutions, i.e. numbers 1160, 1199, 1203 (all of 1998) and number 1239 of 1999;
Expressing unreserved commitment to the United Nations Charter and to the principles and tenets of sovereign equality of the United Nations member states which underpin the UN Charter, respecting UN Security Council Resolution 1244 under which the United Nations mission has been established in Kosovo and Metohija as well as the strong commitment of the Republic of Serbia to respect international law that constitutes the cornerstone of global peace and security,
By virtue of Article 97 paragraph 1 of the Constitution of the Republic of Serbia, Article 182 paragraph 2 of the Constitution of the Republic of Serbia and Article 43 paragraph 1 of the Law on the Government (Official Gazette of RS, Nos 55/05 and 71/05-correction and 101/07), the Government of the Republic of Serbia has adopted the following
D E C I S I O N
TO ANNUL THE ILLEGITIMATE ACTS OF THE PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT IN KOSOVO AND METOHIJA ON THEIR DECLARATION OF UNILATERAL INDEPENDENCE
1. The acts and actions of the Provisional Institutions of Self-government of Kosovo and Metohija whereby unilateral independence is declared are hereby annulled as they violate the sovereignty and territorial integrity of the Republic of Serbia guaranteed by the Constitution of the Republic of Serbia, the United Nations Charter, Security Council Resolution 1244 (1999), other relevant Security Council Resolutions as well as by international law in force. These acts represent a violent and unilateral secession of a part of the territory of the Republic of Serbia and this is why they are invalid and void. These acts do not produce any legal effect either in the Republic of Serbia or in the international legal order. Unilateral secession of a part of the territory of a sovereign state constitutes legal violence against the Republic of Serbia and violence against international law in force.
2. The Government of the Republic of Serbia re-asserts with this Decision that the Autonomous Province of Kosovo and Metohija is an inalienable part of a single and inseparable constitutional and legal state order of the Republic of Serbia based on the Constitution of the Republic of Serbia and the United Nations Charter.
3. The Government of the Republic of Serbia re-asserts with this Decision that Serbs, non-Albanians and all other citizens of the province of Kosovo and Metohija who recognize the state of Serbia have full civil rights and are equal citizens of the Republic of Serbia and that they have the full right not to recognize the illegitimate act of declaration of unilateral independence.
4. The Government of the Republic of Serbia asserts its readiness to implement in the territory of the Autonomous Province of Kosovo and Metohija the Constitution and the laws as well as the entire legal order of the Republic of Serbia.
5. The Government of the Republic of Serbia demands from all other public institutions and state bodies of the Republic of Serbia, as laid down by the Constitution, to undertake all constitutional and legal acts and actions to secure and ensure the unity and inseparability of the territory of the Republic of Serbia guaranteed by the Constitution of the Republic of Serbia, in accordance with the Resolution 1244 and the Military-Technical Agreement between the International Security Force (“KFOR”) and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia.
6. Recalling the National Assembly Resolution on the Protection of Sovereignty, Territorial Integrity and Constitutional Order of the Republic of Serbia and, in particular, point 5 thereof by which the National Assembly demands from the Government of Serbia to determine with the EU that EU mission may not come to the territory of Serbia, to Kosovo and Metohija without an appropriate UN Security Council decision to that effect, the Government of Serbia considers all the decisions of the EU bodies on sending a mission to Kosovo and Metohija to be invalid. Thus, these decisions produce no legal effect for Serbia nor any obligations for Serbia as regards their implementation.
7. The Government of the Republic of Serbia demands from the UN Security Council to convene a Security Council session under urgent procedure which would annul forthwith the illegitimate act of declaration of the Province’s unilateral independence. The Government of the Republic of Serbia demands from the Special Representative of the United Nations Secretary General to undertake all actions at his disposal under Security Council Resolution 1244 as well as under the other relevant acts of that UN body, in order to prevent violation of the United Nations Charter and Security Council Resolution 1244 and immediately annul all the acts and actions whereby the Province’s unilateral independence is illegitimately declared as well as to preclude any further violation of the mentioned resolution, the other relevant acts of the Security Council, the United Nations Charter and the valid norms and rules of international law.
8. The Government of the Republic of Serbia demands from all the UN member states to respect the sovereignty and territorial integrity of the Republic of Serbia in accordance with international law, the United Nations Charter and Security Council Resolution 1244.
9. The present Decision will come into force at the date of its publication in the Official Gazette of the Republic of Serbia.
Serbian parliament to hold extraordinary session tonight
This decision, adopted by the Serbian government on February 14, annuls all acts and actions of interim self-government bodies in Kosovo-Metohija pertaining to the proclamation of unilateral independence of the province.
The session will take place in the grand hall of the House of Parliament.
Komunikat 4
Parliament session to be held without delay
Belgrade, Feb 17, 2008 – Serbian President Boris Tadic, Prime Minister Vojislav Kostunica and vice president of the Serbian Radical Party Tomislav Nikolic agreed tonight that parliament should hold a session as soon as possible.
Tadic, Kostunica and Nikolic agreed that a parliament session confirming Serbian government’s Decision on the annulment of the illegitimate acts of the provisional institutions of self-government in Kosovo-Metohija on their declaration of unilateral independence be held as soon as possible. They also agreed that a large protest, organised by the government and parliamentary parties, be held in Belgrade on February 21.
The details of the planned protest will be made public soon.
Komunikat 3
Serbia will never recognise Kosovo-Metohija’s independence
Belgrade, Feb 17, 2008 – Serbian President Boris Tadic stated today that Serbia will make the necessary moves and will do everything in its power to annul the arbitrary and illegal declaration of Kosovo's independence that Serbia will never recognise.
Serbia will never recognise Kosovo-Metohija's independence. Serbia has reacted and will react with all peaceful, diplomatic and legal means to annul this act by Kosovo’s interim institutions. Serbia requests international institutions in Kosovo to immediately declare this act null and void, as it is contra to the basic principles of international law, the President said.
Tadic pointed out that people’s lives and their safety are most important at this moment and urged KFOR and UNMIK to provide security for Serbs and other non-Albanians in Kosovo, to protect their homes and all our sacred places. The President stressed that responsibility for every life in Kosovo-Metohija lies with them.
He noted that Serbia will surmount this situation peacefully, with dignity and in a civilised manner.
Serbia will not resort to violence and this is the only approach that can allow us to continue our legitimate fight for preservation of the country’s integrity, and Serbia will be persistent in this diplomatic battle, defending its interests and international law no matter how much it takes and until the illegitimate act of independence is completely out of force, the President concluded.
Komunikat 2
Proclamation of phoney state on Serbia’s territory result of US policy of force
Belgrade, Feb 17, 2008 – Serbian Prime Minister Vojislav Kostunica stressed that the unilateral declaration of the phoney state of Kosovo-Metohija today on Serbia’s territory is unprecedented lawlessness which is the result of a destructive, cruel and immoral US policy of force.
The Serbian government website gives the Prime Minister’s speech in full.
“Dear citizens of Serbia,
Today, on February 17, the phoney state of Kosovo has been declared on the part of Serbia’s territory that is under the military control of NATO. This unprecedented lawlessness is the result of a destructive, cruel and immoral policy of force implemented by the US. This act says to the whole world that America places force above the UN Charter and is ready to willingly, unscrupulously and violently jeopardise international order for the sake of its own military interests.
Placing violence above the principles of international law, the US used reckless force, humiliated and forced the EU to break the very principles that the EU is based on. America forced Europe to follow it in unprecedented violence demonstrated against Serbia. Europe has lowered its head today and that is why it will be responsible for the far-reaching consequences that this violence will have on European and world order. This act has above all humiliated the EU, not Serbia. Serbia refused to be humiliated, firmly respecting the law and refusing to obey force.
The unilateral proclamation of the phoney state under the patronage of the US and the EU represents the final act of a policy of force that started with aggression and the insane bombardment of Serbia and then continued with the arrival of NATO troops in Kosovo-Metohija. Never before has the truth been clearer than it is today, on February 17, as to why Serbia was savagely destroyed with NATO bombs. The real foundations of the phoney state of Kosovo are the bombs that NATO used to destroy Serbia. This is why the real truth needs to be told, that behind this phoney state lie the military interests of NATO, which is also confirmed in Annex 11 of Ahtisaari’s plan. Only in that way could this phoney state be created, and it will for ever remain phoney even if the Western countries sacrifice the entire world order and risk peace for its recognition.
The President of the US, who is responsible for this violence, and his European followers, will be noted in bold letters in Serbian history books, but also in the history of international law and world order that international law guarantees.
We well know how dangerous, cruel and reckless the policy of force implemented by the US is. Knowing that, Serbia has resolutely and once and for all annulled all decisions on the unilateral independence as well as all future acts pertaining to this illegal act. Serbia has also annulled the EU decision to illegally send its mission to the province, which was made as a result of Europe’s lack of power. By this decision, the Serbian government established the basis for a Serbian state and national programme for Kosovo-Metohija following February 17.
Citizens of Serbia, the phoney state of an independent Kosovo on Serbia’s territory does not and will never exist for Serbia. For Serbia, all Serbs and all citizens in the province who respect our state are Serbian citizens enjoying full rights. Therefore all the laws and institutions of the Republic of Serbia apply to them. As of today, we must show greater concern for and solidarity with our people in Kosovo-Metohija. All ministries have been directed to work and provide considerably better living conditions, help create new jobs and launch investments in the province. The state of Serbia will take the greatest possible care of each and every one of it’s citizens in Kosovo-Metohija. And our ministers are with their people in the province today.
We point out that since the arrival of NATO troops in Kosovo-Metohija, many Serbs have been killed and exiled, whereas numerous houses, ancient monasteries and churches have been burnt down. Since NATO came, too much evil and violence has been inflicted upon Serbs. That is why by no means should there be new innocent victims, new exiles and new destruction in Kosovo. There was too much violence against Serbs and those who took on the responsibility for security in the province must absolutely fulfil their obligations.
I wish to once again repeat that Serbia is an old state, that the Serbian nation is an old European nation. Through our centuries-long state-building history as a nation, we experienced the evils that foreign force can impose. But throughout our history, we became even more convinced in the power of law and justice and the values of freedom. Law, justice and freedom will guide us until we get the province of Kosovo-Metohija back to where it belongs, the constitutional order of Serbia. And while the policy of force thinks it has triumphed today by creating a phoney state, millions of Serbs are thinking already of the day of freedom that must come. No one has ever managed to prevent the Serbian people from freeing themselves. All that we cannot do today, newer and better generations than us will do tomorrow. Kosovo is Serbia and it must always be like that.
Citizens of Serbia, together we must show the whole world that we oppose the breaking up of our state and that we do not accept the violent creation of a phoney state on our territory. By opposing the policy of violence that is being imposed on Serbia, we must be united and raise our voices as a sign of support to our compatriots and citizens in Kosovo-Metohija. Together the government and parliamentary parties will organise peaceful protests across Serbia as well as the first big protest in Belgrade. During these protests, our dignity must be above the force we are fighting against. We shall leave force to the violators, who, by using it, have disgraced themselves for all time; we shall show the power of law and justice and we shall show how much we love and respect freedom and free Serbia along with our Kosovo-Metohija. As long as the Serbian people exist, Kosovo remains Serbia.”
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