vichy wrote:nokia6170 wrote:vichy wrote:Da li je Ustav tzv. RBiH važio na teritoriji Republike Srpske?
zato kazem okupiranom...kontas? rbih je u vrijeme rata bila odgovorna za ono sto je bilo pod njenom kontrolom, ali to ne znaci da nije polagala pravo i na one dijelove svoje teritorije koji nisu bili pod njenom kontrolom, odnosno koji su bili okupirani.
zato i imas ovu recenicu u ustavu bih:
1. Kontinuitet
Republika Bosna i Hercegovina, čije je zvanično ime od sada “Bosna i Hercegovina”,
nastavlja svoje pravno postojanje po međunarodnom pravu
kao država, sa unutrašnjom strukturom modificiranom ovim Ustavom, i sa postojećim međunarodno priznatim granicama. Ona ostaje država članica Ujedinjenih naroda i može kao Bosna i Hercegovina zadržati članstvo ili zatražiti prijem u organizacijama unutar sistema Ujedinjenih naroda, kao i u drugim međunarodnim organizacijama.
Kako misliš okupirani? Zar nisu bili napadnuti dijelovi SFRJ od strane secesionista iz današnje FBiH?
I gdje si ti vidio po međunarodnom pravu da se može priznati država na teritoriji koju vlada, koja se kao priznaje, ne kontroliše?
ti bas nemas ni osnove medj. prava ne poznajes a upustas se u dubiozne rasprave na ovom forumu o vrlo ozbiljnim temama i sto je najgore ubijedjen si u kvalitet svog neznanja i neobrazovanosti koje pritom pokusavas nametnuti drugima
za pocetak prevedi sebi sljedece pa ce ti neke stvari mozda biti jasne:
Geberal Assembly UN
Resolution No.
49/10.
The situation in Bosnia and Herzegovina
The General Assembly,
Reaffirming once again that, as the Republic of Bosnia and Herzegovina is a sovereign, independent State and a Member of the United Nations, it is entitled to all rights provided for in the Charter of the United Nations, including the right to self-defence under Article 51 thereof,
Stressing that the armed hostilities and
continued aggression against Bosnia and Herzegovina constitute a threat to international peace and security and are a serious impediment to the peace process, and noting in that context that the relevant resolutions of the Security Council remain unimplemented,
Reaffirming the relevant principles of the Charter and the principle of the inadmissibility of the acquisition of territory through the use of force, as well as the obligation of all States to act in conformity with the purposes and principles of the Charter,
Commending the ongoing efforts of the Bosniac and Croat parties in Bosnia and Herzegovina for working towards rapid and complete implementation of the Washington agreements on the Federation of Bosnia and Herzegovina, 1/
and affirms that those agreements should be considered as a model for the overall solution to the crisis in Bosnia and Herzegovina and relations among all the parties,
[...]
Welcoming the decision of the Government of the Republic and the Federation of Bosnia and Herzegovina to accept the peace plan,
[...]
Condemning the Bosnian Serb party for its non-compliance with the relevant resolutions of the Security Council, as well as its rejection of the proposed peace plan of the Contact Group,
23.
[...]
Recalling the report of the Committee on the Elimination of Racial Discrimination, in which the Committee noted "
with great concern that links existed between the Federal Republic of Yugoslavia (Serbia and Montenegro) and Serbian militias and paramilitary groups responsible for massive, gross and systematic violations of human rights in Bosnia and Herzegovina and in Croatian territories controlled by Serbs",
Reaffirming its determination to prevent acts of genocide and crimes against humanity and other violations of international humanitarian law,
Gravely concerned at the persistent and systematic campaign of ethnic cleansing, involving murder, rape, torture and other inhumane treatment, perpetrated by the Bosnian Serb forces in Banja Luka, Bijeljina and other areas of Bosnia and Herzegovina under their control, and emphasizing that these practices, as described in the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, constitute clear violations of international humanitarian law, including the Geneva Conventions of 12 August 1949 4/ and Additional Protocols thereto, of 1977, 5/ and pose a serious threat to the peace effort,
[...]
Noting that the International Court of Justice, in its Order of 13 September 1993 in the case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro)), indicated as a provisional measure that "the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) should immediately, in pursuance of its undertaking in the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948, take all measures within its power to prevent the commission of the crime of genocide",
[...]
Stressing the importance of efforts to restore peace in the entire territory of the Republic of Bosnia and Herzegovina as well as to preserve its territorial integrity within the internationally recognized borders, consistent with relevant Security Council resolutions,
and emphasizing that the occupied parts of the Republic are an integral part of its territory,
Alarmed and concerned by the fact that the ongoing situation in the
Serbian-controlled parts of Bosnia and Herzegovina is de facto allowing and promoting a state of occupation of these parts of the 24.
sovereign Republic of Bosnia and Herzegovina,
Emphasizing that the Serbian-controlled parts of Bosnia and Herzegovina must be reintegrated into the rest of the country, consistent with the peace proposal of the Contact Group, under the close supervision of the international community,
[...]
Reaffirming the character of Sarajevo as a multicultural, multi-ethnic and multi-religious centre, and the need to preserve its plurality and avoid its further destruction,
[...]
Conscious that the grave situation in Bosnia and Herzegovina continues to be a threat to international peace and security,
1. Strongly condemns the Bosnian Serb party for its refusal to accept the proposed territorial settlement, and demands that it immediately accept this settlement unconditionally and in full;
[...]
4. Demands that the Bosnian Serb party lift forthwith the siege of Sarajevo and other safe areas, as well as other besieged Bosnian towns, and urges the Secretary-General to direct the United Nations Protection Force to take necessary measures, in accordance with relevant Security Council resolutions, for the protection of the safe areas;
5. C
ondemns the continuing military activities of the Bosnian Serbs against the territory of the Republic of Croatia and their actions in cooperation with the Serb paramilitary units from the occupied territories of Croatia in launching coordinated attacks against the territory of the Republic of Bosnia and Herzegovina, and demands the immediate cessation of all such activities;
6. Strongly condemns the Serbian self-proclaimed authorities in the Serbian-controlled territories of Bosnia and Herzegovina for their actions in pursuit of the ethnic cleansing of those areas as a matter of policy;
7. Reaffirms its support for the principle that all statements and commitments made under duress, particularly those regarding land and property, are wholly null and void;
8. Reaffirms that the consequences of ethnic cleansing shall not be accepted by the international community and that those who have seized land and other property by ethnic cleansing and by the use of force must relinquish those lands, in conformity with norms of
25.
international law;
[...]
11. Condemns vigorously all violations of human rights and international humanitarian law committed by parties to the conflict, especially those violations committed as policy by Serbia and Montenegro and the Bosnian Serbs, who have done so systematically, flagrantly and on a massive scale against the people of Bosnia and Herzegovina;
[...]
13. Demands that the Federal Republic of Yugoslavia (Serbia and Montenegro) uphold its commitment and obligation to comply with relevant Security Council resolutions, including resolution 752 (1992) of 15 May 1992, and to cease any military and logistic support to the Bosnian Serbs, and supports the decision of the Council to terminate automatically the partial suspension of sanctions in the event that the Federal Republic is found not to implement effectively its decision to close the border between the Republic of Bosnia and Herzegovina and the Federal Republic in accordance with Council resolution 943 (1994) of 23 September 1994;
15.
Calls upon all parties, in particular the Federal Republic of Yugoslavia (Serbia and Montenegro), to comply fully with all Security Council resolutions regarding the situation in the Republic of Bosnia and Herzegovina and strictly to respect its territorial integrity, and in this regard concludes that their activities aimed at achieving integration of the occupied territories of Bosnia and Herzegovina into the administrative, military, educational, transportation and communication systems of the Federal Republic leading to a de facto state of occupation are illegal, null and void, and must cease immediately;
[...]
21. Urges the Security Council, in fulfilling its responsibility under Article 24 of the Charter of the United Nations, to take all appropriate steps to uphold and restore fully the sovereignty, political independence, territorial integrity and unity of the Republic of Bosnia and Herzegovina, in cooperation with States Members of the United Nations and the Government of the Republic;
[...]
24. Requests the Security Council to act immediately to close all detention camps in Bosnia and Herzegovina and further to close concentration camps established by the Serbs in Serbia and Montenegro and in Bosnia and Herzegovina and, until implementation, to assign international observers to these camps;
26.
25. Requests that the International Committee of the Red Cross be granted free access to all detention camps established by the Serbs in Serbia and Montenegro and in Bosnia and Herzegovina and to all persons imprisoned in those camps, and that all prisoners be notified of this action without delay;
[...]
3. novembar 1994. godine
zna to udariti na inteligenciju