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>Yugoslav Austrian Solidarity
>JÖSB - Jugoslawisch Östererreichische Solidaritätsbewegung -
>Postfach 23, A-1040 Jun. 25, 2000
>INDICTMENT BY THE VIENNA TRIBUNAL
>I Preamble
>1) NATO, the United States of America, the Federal Republic of Germany,
>the United Kingdom, Turkey, Spain, the Netherlands, Croatia, Hungary,
>Italy, France and others - after failing to force the Federal Republic
>of Yugoslavia at the so-called "peace negotiations" in Paris and
>Rambouillet to accept an extortionate ultimatum which in fact aimed at
>the occupation of the entire territory of the Federal Republic of
>Yugoslavia and had been declared a condition sine qua non - without a
>declaration of war and without a resolution by the United Nations
>Security Council launched warlike rocket and bombing attacks against the
>Federal Republic of Yugoslavia, deliberately murdering Serbs,
>Kosovo-Albanians, Roma, Muslims, Orthodox-Christians, Catholics and
>foreign nationals.
>By doing this they destroyed and damaged economic, social, cultural,
>medical, diplomatic and religious resources.
>In the course of their criminal war of aggression, NATO and the
>above-mentioned states cut off the population of Yugoslavia from food,
>water, electric energy, food production, medicines and medical services.
>By means of rocket and aerial bombing attacks they systematically
>destroyed and damaged waterworks and agricultural irrigation
>installations, factories, fertilisers and vegetation, pharmaceutical
>production works, hospitals and health service installations as well as
>other objects needed for human survival. The aggressors attack chemical
>factories, oil refineries, petrol and natural gas stores, fertiliser
>plants, installations and localities with the aim of releasing, on a
>wide scale, radioactive and other dangerous substances into the
>atmosphere, the soil, the ground-water and the foodchain, poison the
>environment and harm the population. They employed banned arms, attacked
>the Federal Republic of Yugoslavia with rockets, bombs and missiles
>which contained Depleted Uranium (DU) and released radioactive
>substances into the atmosphere the soil, the ground-water, the foodchain
>as well as into solid objects, thus exposing the Yugoslav population to
>health hazards for generations to come.
>2) With these actions NATO and the above-mentioned states violated
>International Law, especially art. 2 chapter 7 of the UN-Charter; the
>Declaration on Non-intervention; the Resolution on the Definition of
>Aggression, 1997 UNGA 3314; articles 52 and 53 of the Convention on the
>Law of Treaties of 23 May, 1969; the Treaty on the Banning of War, the
>Briand-Kelog-Pact of Paris, 1928, articles 1 and 2; the Hague
>Conventions, especially the Fourth Hague Convention of 18 October, 1907;
>the Geneva Convention on the Protection of Civilians in Times of War,
>1949; the Statutes of the Nuremberg Tribunal, principles VI a, b and c;
>the Geneva Additional Protocol 1977, articles 48 and 51; the Geneva
>Protocol on the Use of Asphyxiating, Poisonous and Similar Gases as well
>as of Bacteriological Substances in Wars, of 1925; the European
>Convention on the Peaceful Settlement of conflicts, of 29 April, 1957
>and also violated national penal codes concerning murder, duresse,
>dangerous threat, wilful destruction, arson, damage to the environment,
>formation of gangs for the purpose of carrying out criminal plots and
>genocide.
>II THE VIENNA TRIBUNAL BRINGS A POLITICAL INDICTMENT AGAINST:
>The Federal Government of the Republic of Austria
>Chancellor Mag. Victor Klima
>Vice Chancellor and Minister of Foreign Affairs Dr. Wolfgang Schüssel
>Minister of Defence Dr. Werner Fasslabend
>Former EU-Special Representative Dr. Wolfgang Petritsch, present High
>Representative for Bosnia
>Former Minister of Foreign Affairs Dr. Alois Mock
>a) in particular against former minister of foreign affairs Dr. Alois
>Mock on the basis of the well-founded suspicion of openly taking
>position (politically, economically and logistically) and intervening in
>a civil war - thereby violating neutrality - by abetting the destruction
>of the sovereign Socialist Federal Republic of Yugoslavia, through
>furthering - in contravention of international law - and politically
>supporting the secession by force of member republics of the SFR of
>Yugoslavia by way of the official recognition - in violation of
>international law and the status of neutrality - of member republics of
>the SFR of Yugoslavia which had seceded with the use of force.
>(Violation of the neutrality law; of the UN-Charter; of the principle
>regarding the obligation of non-intervention in matters which, according
>to the Charter, pertain to the national competence of a state;
>Declaration of the United Nations)
>b) in particular against the former EU-Special Representative Dr.
>Wolfgang Petritsch on the basis of his collaboration in the "peace
>accords" elaborated in the course of the so-called "peace negotiations"
>in Paris and Rambouillet, including Annex B which contains an
>extortionate occupation diktat postulating, as conditio sine qua non,
>the occupation of the entire national territory of the Federal Republic
>of Yugoslavia with the threat, in case of non-compliance, of immediate
>war actions through bombing attacks against the Federal Republic of
>Yugoslavia.
>(Jeopardizing of neutrality according to Austrian penal code, paragraph
>320; violation of chapter 1 art. 2 and chapter 7 of the UN-Charter; the
>Declaration on Non-intervention of 24 October, 1970; the
>Briand-Kelog-Pact of 27 August, 1928; of art. 52 and 53 of the
>Convention on the Law of Treaties; violation of paragraphs 105, 106 of
>the Austrian penal code /severe duresse/)
>c) against the Austrian Federal Government and the above-mentioned
>statesmen on the grounds of the well-founded suspicion of having abetted
>the aggressive actions of the North Atlantic Treaty Organisation (see
>above I/1) which, having mandated itself, without decision or mandate by
>the Security Council, by violating the obligation under international
>law to renounce on the use of force in international relations and in
>relations among states, waged a war of aggression against the territory
>of a sovereign state, and thus, on the well-founded suspicion of having
>violated Austria's Everlasting Neutrality, enshrined in international
>law, by not adhering to the obligations of an everlastingly neutral
>state to always comport itself in times of war and of peace in a manner
>that excludes favouring one side of a conflict and also on the grounds
>of the well-founded suspicion of openly taking sides - politically,
>economically and logistically - in a civil war.
>c2) and in particular against Federal Chancellor Mag. Victor Klima and
>foreign Minister Dr. Wolfgang Schüssel on the basis of their open
>support for and abetting of the NATO war of aggression - violating
>international law - at the EU-summit in Berlin and the 50th anniversary
>NATO-summit in Washington.
>(accessory to the violation of the UN-Charter; the Briand-Kelog-Pact;
>the Declaration on Non-intervention; the Declaration on
>Non-interference; the Resolution on the Definition of Aggression; art.
>22 and 23 of the fourth Hague Concention as well as of the other norms
>of international law set out under I/2, and of the violation of the law
>on neutrality)
>d) on the basis of the well-founded suspicion of abetting the violation
>of the ban on waging "ecological war" carried out by NATO - see I/1 on
>the perpetration of criminal actions (i.e. bombing of oil refineries,
>chemical factories and others, damaging and destroying installations,
>thereby causing negative effects on the environment, locally and
>regionally) as well as the use of banned weapons (cluster bombs and
>munition made of depleted uranium, DU)
>(Violation of the UN-Charter and the other norms of international law
>listed under I/2, in particular the 1925 Geneva Agreement on the Banning
>of Asphyxiating, Poisonous or other Gases; the Convention on the Banning
>of the Use of Means Affecting the Environment, 1977; the Geneva
>Convention of 12 August, 1949 on the Protection of Civilians in Times of
>War)
>e) on the basis of the well-founded suspicion that at the time of war
>the Austrian Federal Government did not verify violations of the
>Austrian air space by NATO-airforces with regard to their armaments not
>did it protest against such violations, although it would have been
>obliged to do so according to international law as well as according to
>Austrian neutrality law - violations which, although not authorised in
>this case by Austria, increased massively during that period, according
>to information provided by Austrian air traffic control (which fact does
>not elucidate how many of these overflights possibly took place in
>support of the NATO air war); based also on the fact repeated transits
>through Austria by NATO vehicles to bases in Hungary for a long time
>previously, which can be assumed to have been not solely "humanitarian"
>transports.
>(Violation of the 1965 Declaration on Non-intervention; of the Agreement
>on the Peaceful Settlement of International conflicts - First Hague
>Convention on the Outbreak of Hostilities; of the Third Hague Convention
>of 18 October, 1907; of the Austrian Neutrality Law; of the Austrian
>Federal Law of 18 October, 1977 on the import, export and transit of war
>material)
>f) based on a well-founded suspicion of transmitting perceptions,
>regardless of their content of truth, pertaining to the intelligence
>department, regarding activities on the territory of the Federal
>Republic of Yugoslavia, by Austrian authorities to NATO services, which
>fact must lead to the assumption of violation of neutrality obligations
>by Austria.
>(Violation of the Declaration of Non-interference; of the
>Briand-Kelog-Pact of 1928; of the UN-Charter; of the Austrian law on
>neutrality)
>g) based on the well-founded suspicion of restraining the effectuation
>of non-military and non-violent possibilities of conflict resolution;
>such as the prevention by neutral Austria of tasks ascribed to the OSCE,
>possibly by means of a "withdrawal order" addressed to NATO; of handing
>over, for the first time ever, of a mandate to a US-representative, in
>this case US Ambassador William Walker (during whose period as US
>Ambassador in El Salvador the dirty war in El Salvador, carried out with
>the complicity of the USA, reached its climax); failure on the part of
>the Federal Government to oppose the - improper - use of the OSCE in the
>strategic preparation of the War against Yugoslavia and the logistic
>support of NATO as well as failure to eliminate the suspension of the
>Federal Republic of Yugoslavia as member of the organisation with a view
>to favour attempts at bringing about negotiated settlements.
>(Violation of the stipulations of the CSCE and OSCE; of the Austrian law
>on neutrality; violation of the agreement on protection and compromise
>procedures within the OSCE, Stockholm, 15 December, 1992)
>h) on the basis of the well-founded suspicion of at least tacitly
>consenting to inflammatory reporting, especially regarding the Serbian
>sector of the population of the Yugoslav Republic; on the well-founded
>suspicion of inciting population groups on the territory of the Federal
>Republic of Yugoslavia against each other, especially in media subjected
>to public law and of omitting - on the part of the Federal Government of
>Austria - to intervene in order to insist on publishing denials, thus
>raising doubts regarding Austria's everlasting neutrality.
>(Violation of the braodcasting law and the Austrian neutrality law)
>III
>On the basis of the suspicion outlined above, the representatives of the
>preparatory committee of the Vienna Tribunal demand that the Vienna
>Tribunal of 4 December, 1999 indict the Federal Government of Austria
>and the statesmen listed above on the grounds of favouring and
>supporting the NATO aggression against the Federal Republic of
>Yugoslavia and of being accessory to a conspicuous violation of
>international law; as well as on the well-founded suspicion of approval
>(which has to be rejected out of political, moral and humanist
>convictions) of a "New World Order" which was a consequence of this war
>and which contains a continuously proclaimed right of "humanitarian
>intervention" on the part of the North Atlantic Treaty Organisation
>(NATO) that is to be carried out with the force of arms and the backing
>- on a global scale - of the strongest military power.
>The verdict will be placed at the disposal of the International
>Tribunal, represented by Mr. Ramsey Clark, for the general indictment
>before the International Court of Justice in The Hague.
>
>
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