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Date sent:              Fri, 26 Mar 1999 14:17:12 -0800
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From:                   Sid Shniad <[EMAIL PROTECTED]>
Subject:                NATO BOMBING IS CRIMINALLY DANGEROUS

WAR IS PEACE BIG BROTHER ASSURES US: 

BUT NATO BOMBING IS DANGEROUSLY CRIMINAL AND CRIMINALLY DANGEROUS

        by Andre Gunder Frank 
        March 26, 1999

NATO bombing of Serbia is in abject violation of international law 
by taking it into your own hands to destroy it. That makes this 
NATO action first dangerously criminal and then criminally 
dangerous. The American NATO Military Commander's claim that 
he is speaking and acting for the 'International Community' is a 
deliberate hoax, since the membership of NATO is only about 15 
percent of the states and even less than that of the population of the 
United Nations, whose two largest countries with 2 billion people 
and many others oppose this action. UN Secretary General Kofi 
Annan put it mildly the day bombing started on March 24 that 
NATO member states should 'consult' the UN Security Council 
before attacking. They did no such thing in the knowledge that two 
permanent members would have exercised their veto. Therefore 
NATO action is criminal and dangerously so because it is yet 
another important step in the systematic violation of the UN 
Charter and the total abrogation of international law. NATO action 
and its expansion is also criminally dangerous for a whole series of 
political, legal, social, economic, and of course moral reasons to be 
detailed below.

NATO IS DANGEROUSLY CRIMINAL

NATO action is no only criminal, but dangerously so; because it 
extends not only the violation but the very elimination of the UN 
Charter, structure, and process and its replacement by NATO and 
its dominant power in the United States. It is difficult to decide 
where to start a quick review of this process. In 1950 the United 
States was able to fight Korean War under the UN flag, because in 
the Security Council China was represented by the regime in 
Taiwan, and the USSR was absent the day of the vote. Never mind 
that the UN Charter requires the affirmative vote of all permanent 
members. In 1961, the UN was used as a cover for United States 
foreign policy in the Congo, which resulted in the installation by the 
CIA of Mobutu after the expulsion and killing of Lumumba and the 
death there of UN Secretary General Hammerskjold. In the 1980s, 
the United States alleged that it is not subject to the rulings of UN 
International Court in the Hague after the latter found that US 
mining of the Nicaragua harbour violated the UN Charter. 

But in 1990/91 the United States and its allies availed themselves of 
the UN and its Security Council to 'legitimate' the war against Iraq 
by pulling legalistic wool over the eyes of the world community to 
pretend that their action was carried out for the UN. Nonetheless, 
the then UN Secretary General Perez de Cuellar clearly said 'This is 
a US war, not a UN war." His resignation for that reason would 
have made it much more loud and clear. In fact, the US led war 
against Iraq clearly violated at least seven different clauses of the 
UN Charter. The first one is that Article 27, Clause 3 of the UN 
Charter requires the affirmative vote of all permanent members. 
That was not the case, since China abstained [and the USSR only 
voted yes after being bribed to do so in its economic crisis. If it had 
at least abstained, China might have voted No, and probably France 
also]. This requirement is again relevant today: The United States 
and its NATO allies did not 'consult' the Security Council as the UN 
Secretary General reminded us simply because it is obvious that this 
time Russia would have vetoed this operation, and maybe China 
too.

The American pretence that no new Security Council resolution 
was required to legalize this NATO action is a sheer lie in yet 
another attempt to pull wool over world eyes. Indeed, that was so 
already in the war against Iraq. For Article 42 of the UN Charter 
bars the resort to war until the Security Council determines that all 
peaceful means to resolve the dispute have been exhausted pursuant 
to Article 41. [We return to peaceful means below]. Of course, 
there was never any compliance with any one of these and other 
requirements of the UN Charter, and least of all the provision that 
the military action be under UN military command [which has never 
been really established], and not under that of the USA or NATO. 
On the contrary, the Iraq war initiated another dangerous precedent 
in this regard: although it was not a NATO operation, NATO 
offered its infrastructural facilities and some military equipment, 
which were used by its member allies in their illegal war against 
Iraq.

So the United States converted the United Nations into a de facto 
arm of its own foreign policy and its spokespersons and the media 
availed themselves the tried and true methods of Joseph Goebels to 
lie so much as to persuade as also in Big Brother's 1984 WAR IS 
PEACE double speak about international law and morality.

Bosnia offered the opportunity to take another major dangerous 
step down this criminal road. In the beginning, The Helsinki 
Security Organization OSCE and the United Nations were active in 
trying to defuse and then resolve the conflict. Both failed because 
its principal members, principally the United States, Britain, France, 
and also Germany and Russia were unable to agree and unwilling to 
act. That scuttled not only the Owens plan, which provided for 
essentially the same things as the Dayton agreement but would have 
avoided three years of war and saved countless lives. But this 
impasse and paralysis, especially of and by the United States which 
prior to an election demanded the use of European but no American 
troops, also paved the way to today in another way: The United 
Nations declared itself unable, and what's worse incompetent, to 
resolve the conflict in Bosnia -- and handed it over for 'resolution' 
lock, stock and barrel to NATO! 

At the time, hardly anybody noticed or noted this further 
qualitatively significant step in the de facto dismemberment of the 
United Nations and its alleged de jure replacement by NATO, and 
de facto by the United States, which then dictated its terms of 
'settlement' at Dayton, Ohio, USA. Among them were the capture 
and trial of war criminals in the former Yugoslavia, which the same 
United States has resolutely opposed and prevented ever since then. 
Thus, not only international law, but even its own dictates are 
conveniently flouted by the United States whenever they are 
inconvenient. That happened again when the US and UK 
governments unilaterally bombed Iraq again in January 1999 again 
in violation of the United Nations Charter and even resolutions and 
international law but even of their own dictates. 

Ironically if not tragically, this attack on Serbia is also in direct 
violation of the NATO Charter itself, which allows defensive action 
only in response to an attack on a member state, which 
Serbia/Yugoslavia certainly has not done. Moreover NATO is itself 
subordinated to the United Nations also by its own NATO Charter, 
which reads:

"The North Atlantic Treaty Washington D.C., April 4, 1949 The 
Parties to this Treaty reaffirm their faith in the purposes and 
principles of the Charter of the United Nations and their desire to 
live in peace with all peoples and all governments....

Article 1 The Parties undertake, as set forth in the Charter of the 
United Nations, to settle any international dispute in which they 
may be involved by peaceful means in such a manner that 
international peace and security and justice are not endangered, and 
to refrain in their international relations from the threat or use of 
force in any manner inconsistent with the purposes of the United 
Nations."

 So, to celebrate the 50th anniversary of this agreement in 
Washington next week, the United States and [its?] NATO have 
step by step set themselves up as accuser, prosecutor, judge, jury, 
and executioner of international 'law' however it suits them in total 
violation of the charters of both the United Nation and of NATO 
itself. And if it does not suit some member/s, like Greece which 
naturally objects to fanning flames on its borders, never mind, 
except that for celebratory purposes such internal NATO 
disagreement can be embarrassing or even inconvenient, as is the 
denial of fly-over rights along the way to Serbia by neutral Austria. 
And if NATO action does not suit anybody else in the world, so 
much the better; since that will only demonstrate in practice to one 
and all who is really 'in charge' in this one world. Alas, that position 
and practice is criminally dangerous, particularly in a world in 
which economic power is shifting, and military - nuclear!- power is 
diversifying.

CRIMINALLY DANGEROUS

This war is also criminally dangerous for more reasons than it is 
possible even to summarize here. So I will concentrate only on two 
kinds of reasons, political and moral. Far from safeguarding 
international security, the expansion of NATO membership, 
coverage and military action itself poses a very serious danger. 
There was absolutely no European security interest, and not even 
much political support, for the eastward expansion of NATO to 
include Poland, Hungary and the Czech Republic. Indeed, the 
principal motor force for this move was domestic politics in the 
United States. In Russia however, NATO's eastward expansion was 
rightly perceived as aggressive and threatening. So is, of course, the 
recent proposal again to increase 'defense' spending and to revive 
the Star Wars program with anti-ballistic missiles in direct violation 
of the ABM treaty. All Russian political parties have been united in 
opposition to this American and NATO threat and now to its 
bombs, whatever their differences on other issues. These political 
and domestic policy differences themselves have been sharpened by 
the growing Russian economic crisis, which much of the Russian 
public sees rightly as the result of what it is, less a form of 
American Way modernization and ever more a modernized form of 
American carpet bagging. But the Russian public and its politics are 
likely to be even further aggravated by this American and NATO 
foreign policy, which threatens a country still armed to the teeth 
with nuclear weapons and whose army desperately needs renewed 
economic and popular support to rally around the flag.

 Yet NATO not only threatens further eastward expansion of 
membership, but it helps move the boundaries and center of gravity 
of NATO's attention into the Balkans and Southeastern Europe, 
where they clash with Russia's interests. This threat and danger is 
confirmed by NATO military intervention in Bosnia, and now by its 
attack on Serbia. All these moves and NATO's use of Macedonia as 
a staging area also pose additional threats and dangers of NATO 
military penetration even further south-east perhaps including 
Southwest Asia [wrongly called the Near or Mid East], the 
Caucasus, and the Caspian Sea where long term strategic disputes 
rage about oil and pipe-line routes. The US has already held joint 
military 'excercises' with and in Kazakstan in whose major oil 
deposits Russia and China also have vital interests.

This NATO intervention in Serbia, far from containing trouble, is 
likely to spread it further southeast through domino like knock on 
effects in Albania, Macedonia, Bulgaria, Greece and Turkey. All 
also harbour intra- and inter- state ethnic conflicts that can be 
fanned as they were in Yugoslavia -- and then invite more NATO 
'peace' keeping. Indeed, that is why there already is Greek 
opposition within NATO to its attack on Serbia and its pledge to be 
a non-nuclear zone was just withdrawn by Ukraine, which along 
with other CIA states also feels threatened. These developments 
represent a weak underbelly for NATO, particularly given other 
regional Greco-Turkish conflicts within the NATO alliance.

The pretence by NATO, US President Clinton, UK Prime Minister 
Blair and their myriad official and other fellow travellers in the 
media and elsewhere is that they are engaged in a humanitarian 
mission to protect innocent civilians. Moreover they allege that they 
have no alternative but to do use military means to pursue their 
humanitarian mission, because the bad guy on the other side will 
not listen to reason. But none of these pretences reflect the reality 
whose most important factors are hidden by so much of a smoke 
screen that the public can no longer even distinguish smoke from 
mirror. The Western NATO powers have so far acted exclusively in 
their - not always common - political interests and have never ever 
lifted a humanitarian finger to safeguard or help anybody in 
Yugoslavia itself, or elsewhere for that matter. Nor are the 
humanitarian NATO bombs designed or able to do so. 

The United Nations Charter stipulates in its Article 41 that all 
peaceful means to resolve - indeed to forestall escalation - of 
conflict be exhausted before the United Nations, not NATO or any 
member state, resort to military force. Far from exhausting the use 
of such peaceful means in the former Yugoslavia, the principal 
NATO partners exhausted all the means of the Yugoslavs and their 
successor to forestall and de-escalate conflict among them. Any 
objective examination of recent history will demonstrate that not 
400 years of ethnic conflict in Yugoslavia but 20, 10, and 2 years of 
criminally dangerous action and inaction by the Western powers is 
responsible for the past, present, and future disaster.

To begin with, it has been primarily US monetary/economic and 
political/military policy that aggravated the world economic crisis 
and shifted its burden to those least able to bear it, including 
especially the Soviet Union/Russia and Yugoslavia. The latter was 
already so burdened by foreign debt that it was already clear in 
1984 that without relief the result had to be military rule, civil war, 
or both. Then to add insult to injury and do even more injury, the 
IMF pushed the Yugoslav Federal state to de facto suicide by 
obliging it to eliminate from its budget the transfer payments to its 
constituent republics, which were the de facto cement that held the 
federation together. Therewith, the Federation of Yugoslavia lost 
its political economic raison d'etre at the same time that a renewed 
economic recession, IMF structural adjustment, and growing 
poverty and polarization hit the country and its people.

When Slovenia and Croatia sought to abandon the Yugoslav ship, 
the German foreign minister Genscher supported them [along with 
his Austrian colleague who also sought economic benefits there] 
and presented its European Union allies with the following 
ultimatum: EU recognition of secession or Germany will go it 
alone. The EU caved in with the full knowledge that the 
independence of Slovenia and Croatia had to lead to the same in 
Bosnia, which had to lead to civil war and further partition. And 
President Milosevic in Belgrade naturally used these opportunities 
handed to him to escalate and fortify Serbian nationalism, not the 
least by using the Serbian officered 'Yugoslav' army against all three 
new countries and to support the Bosnian Serbs, as well as to divest 
Albanians in Kosovo of more and more of their constitutional 
rights. The danger posed by Milosevic and his chauvinist politics 
was so obvious that even I was able to warn against them in 
publications in 1990/91, including one published by the United 
Nations. Yet it took a long time for anyone in the West, let alone 
the United Nations, to lift a finger to dissuade Milosevic. And then 
it was primarily to impose an ineffective embargo on Serbia, which 
has publicly sustained Milosevic politically and economically, it is 
said, for his and his inner circle's private purses. 

So for years none of the Western powers did anything to stop or 
even discourage him, except that for its own purposes the United 
States first opposed partition, then changed its mind and accepted 
it, and then started to push for intervention so long as it would not 
cost American troops. Britain and France, who would have had to 
supply the troops, and of course Germany dragged their feet as 
well. Russia also for its own reasons opposed intervention. Ethnic 
cleansing and every kind of horror and human tragedy was the 
result. But all of it could have been avoided by the implementation 
by the United Nations and/or the Western powers of economic, 
political and social policies with the least bit of humanitarian 
concern for the welfare of the people such as that ever professed as 
a cover for the naked political policy that the Western powers 
implement in their own interests. This self interest, now especially 
by the Clinton administration in the United States, also guided and 
permeated the Dayton 'Peace' Accords that belatedly ended the war 
in Bosnia -- with essentially the same provisions favorable to the 
Serbs proposed by the Owen Plan and rejected by the United States 
three years earlier. And Dayton provided much more for policing 
Bosnia than for democratizing, let alone developing or even 
reconstructing it economically. For that, only very few dollars were 
budgeted; and hardly a cent was ever made available. But the 
Dayton accords are themselves violated daily even regarding the 
policing, for again American domestic political interests have 
prevailed to prevent arresting the principal and most other war 
criminals and bringing them to justice at the UN Court in The 
Hague. The establishment by the UN of a permanent International 
Criminal Court to try violations of human rights was also opposed 
and is still hamstrung by the small minority vote of United States 
and its Chinese, Israeli, Iraqi and Libyan 'traditional' allies. So much 
for humanitarian concern for the welfare and human rights of the 
people by the United States and its NATO allies. 

Moreover, just as the Bosnian disaster was pre-programmed into 
the German and European support for independence in Slovenia 
and Croatia, so did Dayton set the stage or at least fail to prevent 
the escalation of Serbian oppression and the aggravation of the 
conflict in Kosovo. Nor was anything done or even attempted to 
prevent, let alone to reverse, this process until it was indeed too 
late. Again the claim that peaceful conflict resolution failed and 
made military bombing necessary is more smoke and mirrors. Or is 
it a smokescreen for even more dangerously criminal and criminally 
dangerous measures?

One thing is certain. Bombing Serbs in Serbia and even in Kosovo 
is not designed to and cannot promote the welfare of the Albanian 
population in Kosovo and also not in neighbouring states. If it 
were, then with the same argument NATO could also bomb its 
NATO member Turkey to protect its even more abused Kurds, or 
the so far non-member Israel that has so institutionalized its ethnic 
cleansing of Palestinians as to make it all but 'invisible' though to 
help it do so is the only country in the world to have legalized 
torture and itself just wantonly bombed Lebanon again.

Besides, all informed opinion insists that NATO bombing will 
politically strengthen Milosevic and Serbian nationalism rather than 
weakening either, as NATO pretends. Surely, if the Western 
powers really sought to achieve or even to serve any of their 
professed objectives, any Western aided economic and social 
development program for the entire population would have done so 
better. But then, instead of economic structural adjustment and then 
military intervention, so would it have been in Somalia, Rwanda 
and elsewhere. Moreover the NATO military attack on Serbia now 
again undermines the peace settlement in neighbouring Bosnia and 
risks putting its own military 'peace' keeping personnel there 
[including it is said a whole British armoured division] in Serbian 
harm's way. The offensive use of German military power for the 
first time since World War II and again against Serbs will also be 
politically used by Milosevic to strengthen his hand and his 
followers' resolve. 

And what about the quiet NATO military build up in also 
neighbouring Macedonia? First the now 10,000 [or more?] troops - 
including another armoured division of 5,000 men and equipment 
already brought by the British months ago were said to be there to 
permit the evacuation of the 2,000 unarmed OSCE observers in 
Kosovo, so they would and could not become Serbian hostages. 
Then the bombing started without any notice that all observers have 
been evacuated to Macedonia, and we are told that the NATO 
troops are there ready to cross over into Serbian Kosovo just in 
case of Serbian reprisals against Albanians there. But according to 
official double speak of the United States, we are informed that its 
troops in Macedonia will never be used to make peace but only to 
keep it. Either way, we are not told how these NATO troops could 
possibly protect either the two thousand observers or the two 
million Albanians; nor the already three hundred thousand refugees 
among them, whose fear and flight - that is de facto ethnic cleansing 
- is of course only increased by NATO bombing. The same and the 
removal of OSCE observers can only expose the remaining 
Albanian population to greater hatred, oppression and ethnic 
cleansing by the Serbs. So for what are NATO troops and their 
ground force military equipment in Macedonia? More pre-
programmed 'mission creep'. 

For the whole operation is based on the false official premise that it 
will protect Albanian interests by bringing President Milosevic to 
his knees and/or forcing him out of office by dividing his domestic 
support. Less consideration has been given to how this NATO 
operation may become divisive among and within its member states, 
and with what consequences. At this writing, the Prime Minister of 
Italy, whose air bases the United States uses to bomb Serbia, has 
already made dovish remarks in Germany, whose Green Party 
foreign minister [still?] supports this adventure but whose Social 
Democrat finance minister was forced to resign in a conflict with 
the defense minister over additional finance for this German 
contribution to NATO. In the most hawkish member of NATO 
[perhaps excepting Thatcher/Blairite Britain], the use of American 
ground troops in the Balkans and thereabouts will not go down as 
well as Desert Storm did in Iraq -- unless the operation can be sold 
at home as a second [really third] cold war against the Russians. 
They for their part are talking [and planning?] to arm the Serbs and 
perhaps also to send military personnel, albeit as mercenary 
'volunteers' from an army that today goes unpaid. But rekindling 
and firing up another cold war and heating it up to boot entails 
obvious criminal dangers of its own. Besides that, it may entail 
some less obvious global geo-political and military consequences, 
including the fortification of a Sino-Russian alliance, this time 
perhaps also including India -- each with nuclear weapons. 

Thus, far from preserving the peace, NATO is threatening - indeed 
already undoing - it. Far from promoting and enforcing 
international law, NATO is violating and destroying it. Far from 
serving any humanitarian ends, NATO and its principal powers are 
negating them all. One of these ends should be to speak the truth 
instead of spreading lies about all of the above. So let's at least 
some of us, as the pacifist Society of Friends [Quakers] saying has 
it, SPEAK TRUTH TO POWER! 



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