-Caveat Lector-

The Committee for National Solidarity
Tolstojeva 34, 11000 Belgrade, YU

  INTERNAL DOCUMENTS FROM GERMANY'S FOREIGN OFFICE REGARDING
  PRE-BOMBARDMENT
  GENOCIDE IN KOSOVO

  Collected by International Association of Lawyers Against Nuclear Arms

  1: Opinion of the Upper Administrative Court at Mnster, March 11, 1999
  (Az: 13A 3894/94.A):

  "Ethnic Albanians in Kosovo have neither been nor are now exposed to
  regional or countrywide group persecution in the Federal Republic of
  Yugoslavia." (Thesis 1)

  2: Opinion of the Bavarian Administrative Court, October 29, 1998 (Az:
  22 BA 94.34252):
  "The Foreign Office's status reports of May 6, June 8 and July 13,
  1998, given to the plaintiffs in the summons to a verbal deliberation,
  do not allow the conclusion that there is group persecution of ethnic
  Albanians from Kosovo. Not even regional group persecution, applied to
  all ethnic Albanians from a specific part of Kosovo, can be observed
  with sufficient certainty. The violent actions of the Yugoslav
  military and police since February 1998 were aimed at separatist
  activities and are no proof of a persecution of the whole Albanian
  ethnic group in Kosovo or in a part of it. What was involved in the
  Yugoslav violent actions and excesses since February 1998 was a
  selective forcible action against the military underground movement
  (especially the KLA) and people in immediate contact with it in its
  areas of operation. ...A state program or persecution aimed at the
  whole ethnic group of Albanians exists neither now nor earlier."

  3: Intelligence report from the Foreign Office, January 12, 1999 to
  the Administrative Court of Trier (Az: 514-516.80/32 426):

  "Even in Kosovo an explicit political persecution linked to Albanian
  ethnicity is not verifiable. The East of Kosovo is still not involved
  in armed conflict. Public life in cities like Pristina, Urosevac,
  Gnjilan, etc. has, in the entire conflict period, continued on a
  relatively normal basis." The "actions of the security forces (were)
  not directed against the Kosovo-Albanians as an ethnically defined
  group, but against the military opponent and its actual or alleged
  supporters."

  4: Intelligence report from the Foreign Office January 6, 1999 to the
  Bavarian Administrative Court, Ansbach:
  "At this time, an increasing tendency is observable inside the Federal
  Republic of Yugoslavia of refugees returning to their dwellings. ...
  Regardless of the desolate economic situation in the Federal Republic
  of Yugoslavia (according to official information of the Federal
  Republic of Yugoslavia 700,000 refugees from Croatia, Bosnia and
  Herzogovina have found lodging since 1991), no cases of chronic
  malnutrition or insufficient medical treatment among the refugees are
  known and significant homelessness has not been observed. ...
  According to the Foreign Office's assessment, individual
  Kosovo-Albanians (and their immediate families) still have limited
  possibilities of settling in those parts of Yugoslavia in which their
  countrymen or friends already live and who are ready to take them in
  and support them."

  5. Report of the Foreign Office March 15, 1999 (Az: 514-516,80/33841)
  to the Administrative Court, Mainz:

  "As laid out in the status report of November 18, 1998, the KLA has
  resumed its positions after the partial withdrawal of the (Serbian)
  security forces in October 1998, so it once again controls broad areas
  in the zone of conflict. Before the beginning of spring 1999 there
  were still clashes between the KLA and security forces, although these
  have not until now reached the intensity of the battles of spring and
  summer 1998."

  6. Opinion of the Administrative Court of Baden-Wrttemberg, February
  4, 1999 (Az: A 14 S 22276/98):

  "The various reports presented to the senate all agree that the often
  feared humanitarian catastrophe threatening the Albanian civil
  population has been averted. ... This appears to be the case since the
  winding down of combat in connection with an agreement made with the
  Serbian leadership at the end of 1998 (Status Report of the Foreign
  Office, November 18, 1998). Since that time both the security
  situation and the conditions of life of the Albanian-derived
  population have noticeably improved. ... Specifically in the larger
  cities public life has since returned to relative normality (cf. on
  this Foreign Office, January 12, 1999 to the Administrative Court of
  Trier; December 28, 1998 to the Upper Administrative Court of Lneberg
  and December 23, 1998 to the Administrative Court at Kassel), even
  though tensions between the population groups have meanwhile increased
  due to individual acts of violence... Single instances of excessive
  acts of violence against the civil population, e.g. in Racak, have, in
  world opinion, been laid at the feet of the Serbian side and have
  aroused great indignation. But the number and frequency of such
  excesses do not warrant the conclusion that every Albanian living in
  Kosovo is exposed to extreme danger to life and limb nor is everyone
  who returns there threatened with death and severe injury."

  7: Opinion of the Upper Administrative Court at Mnster, February 24,
  1999 (Az: 14 A 3840/94,A):

  "There is no sufficient actual proof of a secret program, or an
  unspoken consensus on the Serbian side, to liquidate the Albanian
  people, to drive it out or otherwise to persecute it in the extreme
  manner presently described. ... If Serbian state power carries out its
  laws and in so doing necessarily puts pressure on an Albanian ethnic
  group which turns its back on the state and is for supporting a
  boycott, then the objective direction of these measures is not that of
  a programmatic persecution of this population group ...Even if the
  Serbian state were benevolently to accept or even to intend that a
  part of the citizenry which sees itself in a hopeless situation or
  opposes compulsory measures, should emigrate, this still does not
  represent a program of persecution aimed at the whole of the Albanian
  majority (in Kosovo)."

  "If moreover the (Yugoslav) state reacts to separatist strivings with
  consistent and harsh execution of its laws and with anti-separatist
  measures, and if some of those involved decide to go abroad as a
  result, this is still not a deliberate policy of the (Yugoslav) state
  aiming at ostracizing and expelling the minority; on the contrary it
  is directed toward keeping this people within the state federation."

  "Events since February and March 1998 do not evidence a persecution
  program based on Albanian ethnicity. The measures taken by the armed
  Serbian forces are in the first instance directed toward combatting
  the KLA and its supposed adherents and supporters."


  ------ Translator's Notes ------

  As in the case of the Clinton Administration, the present regime in
  Germany, specifically Joschka Fischer's Foreign Office, has justified
  its intervention in Kosovo by pointing to a "humanitarian
  catastrophe," "genocide" and "ethnic cleansing" occurring there,
  especially in the months immediately preceding the NATO attack. The
  following internal documents from Fischer's ministry and from various
  regional Administrative Courts in Germany spanning the year before the
  start of NATO's air attacks, attest that criteria of ethnic cleansing
  and genocide were not met. The Foreign Office documents were responses
  to the courts' needs in deciding the status of Kosovo-Albanian
  refugees in Germany. Although one might in these cases suppose a bias
  in favor of downplaying a humanitarian catastrophe in order to limit
  refugees, it nevertheless remains highly significant that the Foreign
  Office, in contrast to its public assertion of ethnic cleansing and
  genocide in justifying NATO intervention, privately continued to deny
  their existence as Yugoslav policy in this crucial period. And this
  continued to be their assessment even in March of this year. Thus
  these documents tend to show that stopping genocide was not the reason
  the German government, and by implication NATO, intervened in Kosovo,
  and that genocide (as understood in German and international law) in
  Kosovo did not precede NATO bombardment, at least not from early 1998
  through March, 1999, but is a product of it.

  Excerpts from the these official documents were obtained by IALANA
  (International Association of Lawyers Against Nuclear Arms) which sent
  them to various media. The texts used here were published in the
  German daily junge welt on April 24, 1999. (See
  http://www.jungewelt.de/1999/04-24/011.shtml as well as the commentary
  at http://www.jungewelt.de/1999/04-24/001.shtml). According to my
  sources, this is as complete a reproduction of the documents as exists
  in the German media at the time of this writing.


Secretary General
Mrs. Jela Jovanovic
Art  historian

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