Dear Prof. Boyle,
Republic Bosnia Herzegovina had its Constitution when she was attacked. Why should we ask for the Swiss constitution? The only successful defense of RB&H, is in insisting that RB&H has its constitution.
If somebody takes your property, e.g. your house or car, you cannot ask to be given back some other property, house or car. You have the right only to ask for your house or car to be returned to you.
Similarly, we Bosnians do not have the right to request any other constitution, except our legal constitution, the constitution that was taken form us by illegitimate methods, the Constitution of the Republic B&H. With that democratic constitution Republic Bosnia Herzegovina was recognized by United States and Europe in April 1992 and she became a UN member country in May 1992. All discussions about introducing some other constitutions in Bosnia, such as e.g. Swiss constitution that you mention, only help the enemies of Bosnia. The request for the Swiss constitution, made before Dayton, was practically the admission of the Bosnian side that even the Bosnian side does not recognize the Constitution of the Republic BiH. That was a very smart move by Serbian agents in the Bosnian government, their way to open the Bosnian legitimate constitution for discussion while not blowing their cover. Let us remember that they betrayed their oath of office, overstepped their authority, and violated Bosnian laws at the time, when they sold out the Constitution of the Republic Bosnia-Herzegovina.If you want to help, please stop devaluing our legal constitution by asking for some imaginary constitutions. One more thing: Please realize that Alija Izetbegovic and his government were only smart Serbian agents. The story that Holbrooke forced them to sign is only their cover. You know that the ultimate decision maker is the person who signs the treaty. Bosnian patriots fought for a very long time to explain to Bosnian people that we have a legal right to fight for the constitution of the Republic Bosnia-Herzegovina, because it was taken from us by means of the aggression, genocide and HIGH TREASON. Now you are taking us back to square one, by talking about some new imaginary constitution. We do not have any legal right to acquire some new constitution out of the blue. We only have the right to fight for what was taken from us by illegal means: the constitution of the Republic Bosnia-Herzegovina, as it was recognized by the UN. At this moment, the National Congress of the Republic Bosnia-Herzegovina has over 60,000 members who regularly receive our newsletter. In addition, there are 2 Facebook groups of Bosnian patriots, one with 76,000 members, and the other 50,000 members, who do not recognize the illegitimate Dayton constitution, for the reasons that you listed in our Declaration, see the last document in this Newsletter. All of us insist on the return of the legal Constitution of the Republic Bosnia Herzegovina. We can harm the evil doers in Bosnia and in the world only by defending Bosnia with the truth, because the truth it is the only path towards our victory, and their defeat.
Muhamed Borogovac, PhD, ASA, MAAA
NCR B&H
2. PROFFESOR BOYLE'S STAMENT TO BOSNIAN MEDIA - POLITICAL PAMPHLET NOT A LIGAL OPINION
By Vahid Sendijarevic, Ph.D.
NCR B&H
With this text we do not want by any means to undermine what Professor Boyle has done for people of Republic of Bosnia. We have understanding that he has certain attorney-client obligations toward the president Izetbegovic and members of Bosnian Presidency and government officials who authorized him to represent the Republic of Bosnia and Herzegovina at the International Court of Justice. But, there is no justification today to encourage victims of genocide to give up on their rights based on the binding judgment of the International Court of Justice and rights to apply the legal right to RESTITUTIO IN INTEGRUM (restoration of the original condition) based on the peremptory norms of International law JUS COGENS. In the Declaration drafted by Prof. Boyle he clearly stated that the victims of aggression and genocide should exclusively obey the constitution of the Republic of Bosnia and Herzegovina and that they should fight to restore the institutions of the nation as they were before the aggression and genocide. He also stated that the victims of the aggression and genocide should declare null and void the Dayton Constitution and institutions created under the Dayton Constitution. An article by Prof. Boyle entitled “Convene an All – B.I.H. Constitutional Convention to Replace Holbrooke’s Genocidal Dayton Constitution!” published by FENA on February 5, 2012 is more a conspiracy pamphlet than a legal opinion as someone would expect from the professor of the international law of his statue. This document does not have any legal base in the international law. This document is based on theory of conspiracy which can not be taken seriously by people educated in politics. However, people ignorant in the international law love such opinions, and this is why those who committed aggression on Republic of Bosnia and Herzegovina and committed crime of genocide in Srebrenica have been promoting a theory that the war and dissolution of Yugoslavia was a result of Western conspiracy, with clear objective to exonerate those who committed crime of aggression and crime of genocide and those who committed treason against the Republic of Bosnia and Herzegovina. The objective of those who are advocating the theory of the conspiracy by the West is to protect very results of the aggression and genocide which is covered in “a legal framework” of the genocidal Dayton constitution. With such writing Prof Boyle is unwillingly reinforcing position of those who are striving to legalize genocidal Republic Srpska and genocidal federation of Bosnia and Herzegovina and who are doing everything in their power to prevent Bosnians to get what is legally their and that is a Constitution of Republic of Bosnia and Herzegovina. The irony is that in the “The Declaration of the Republic of Bosnia and Herzegovina” which Prof. Boyle drafted in September 24, 2010, he made clear that “Any changes in the constitution can be enacted only according to the procedures defined by the Constitution of Republic of Bosnia and Herzegovina and the legal principle that supersede national laws, such as the Charter of the United Nations and corresponding Human Rights Conventions, but under no circumstances will they be based on the decisions of parallel, negotiated, war and other ad-hoc institutions and individuals with disputed legal authority”. What Prof. Boyle is offering as a solution for Bosnia in his writing published by FENA is just the opposite. Prof. Boyle should know that there is no Bosnian civil society that can negotiate freely the constitution “along the lines of the Philadelphia Convention that gave the United States of America its Constitution in 1787.” Every aspect of life in Bosnia and Herzegovina from 1995 is under absolute (total) control by the Dayton Institutions which are “based on the decisions of parallel, negotiated, war and other ad-hoc institutions and individuals with disputed legal authority”. By promoting conspiracy theories, Prof. Boyle is exonerating the president of Republic of Bosnia and Herzegovina and all those who negotiated to legalize results of the aggression and the genocide from the crime of treason according to the Article 154 of the Constitution of Republic of Bosnia and Herzegovina: “No person has the right to recognize or to sign the capitulation, or to accept or recognize occupation of the Republic of Bosnia and Herzegovina or any single part of it. No person has the right to prevent the citizens of the Republic of Bosnia and Herzegovina from fighting any aggressor against the Republic. Such acts are unconstitutional and they are punishable as treason against the Republic. Treason against the Republic is the heaviest offence against the people and is treated as a criminal act of the highest degree.” Let us repeat, “Treason against the Republic is the heaviest offence against the people and is treated as a criminal act of the highest degree.” So, for the world to know, the treason was the major reason that the law of the land today is the genocidal Dayton constitution, and not some conspiracy of the world. If there were conspiracies by the world, Bosnia would never be recognized as an independent nation, it would not be any resolutions of the Security Council against aggression by Serbia and Croatia, and there would be no Judgment of the International Court of Justice that „Finds that Serbia has violated the obligation to prevent genocide, under the Convention on the Prevention and Punishment of the Crime of Genocide, in respect of the genocide that occurred in Srebrenica in July 1995.” The Court ruled that the genocide was committed by the government and institutions of “Republika Srpska” and specifically the Army (VRS) and Police (MUP) of „Republika Srpska” and that Serbia had an obligation to prevent the genocide. Filing the law suit for genocide in 1993 preceded all subsequent constitutional and legal arrangements for Bosnia and Herzegovina. The final judgment of the International Court of Justice supersedes all constitutional arrangements that are offered today to the victims of aggression and genocide including Annex 4 to the Dayton Agreement.
3. Convene an All – B.I.H. Constitutional Convention to Replace Holbrooke’s Genocidal Dayton Constitution!
By Professor Francis A. Boyle
I served as Legal Advisor to the Republic of Bosnia and Herzegovina Delegation to the Vance-Owen Negotiations in New York in March of 1993. The Vance-Owen Plan would have cantonized, paralyzed and dysfunctionalized R.B.I.H. along the lines of Lebanon, but would have kept the existence of R.B.I.H as a State under international law. When the genocidaire Radovan Karadžic rejected the V-O Plan, the Great Powers of the world decided to punish R.B.I.H. by terminating its existence as a State by means of the Owen-Stoltenberg Plan. I was the Lawyer for the entire R.B.I.H Delegation to the Owen-Stoltenberg negotiations in Geneva during the summer of 1993. The Owen-Stoltenberg plan would have carved-up R.B.I.H into three little statelets that would have never survived, destroyed R.B.I.H as a state under international law, robbed R.B.I.H of its U.N. membership, and subjected 1.5 million to 2 million more Bosnians to ethnic cleansing. The genocidal O-S Lawyer Paul Szasz admitted to me that Karadžic was the real author of the O-S Plan, which was then approved by Owen representing the European Union and its member states as well as by Stoltenberg representing the United Nations Organization. Szasz then drafted the genocidal O-S documents accordingly. Genocide by word-processor. The Banality of Evil. I made sure that the Karadžic-Owen-Stoltenberg-Szas
Pursuant to that end, ten years later in the Fall of 2005, S.D.A asked me to give them a Legal Opinion on the advisability of agreeing to the so-called Hays Plan, which was later called the April Package. The S.D.A sent me the draft Hays Plan, which was then under negotiations among all the B.I.H parties at the U.S. State Department, together with their notes on these negotiations. It was clear to me from reading these materials that the U.S. State Department fully intended to accommodate the wishes of the R.S. Delegation that the Hays/April Package further consolidate and cement the permanent existence of R.S. as a statelet as the next step towards its complete and independent statehood and thus the final dissolution of B.I.H. as a state. I recommended to S.D.A. in the strongest terms possible that they reject the Hays/April Package. Immediately thereafter I appeared on a panel sponsored by S.D.A. North America in the Chicago Metropolitan Area on the occasion of the B.I.H Statehood Day celebrations as their guest. On that S.D.A. panel I publicly recommended against the Hays/April Package in the strongest terms possible in front of many powerful S.D.A. leaders. Appearing on that same S.D.A. panel with me was B.I.H.’s former Foreign Minister Muhamed Sacirbey who publicly agreed with my assessment that the Hays/April Package could prove fatal for the continued existence of B.I.H as a state. Needless to say, I was shocked and stunned to learn that Mr. Tihic had agreed to the Hays/April Package despite my negative Opinion after S.D.A. had asked me for it and after prominent S.D.A. member Sacirbey had publicly agreed with me before S.D.A. North America. Because of the fatal dangers that the Hays/April Package posed to the very existence of B.I.H. as a state, I proceeded to launch my Campaign against the ratification of the Hays/April Package by the B.I.H. parliament. In this Campaign I was joined by many loyal and patriotic Bosnians with whom I had fought during the war and genocide against us in order to preserve the existence of B.I.H as a state and all Bosnians as a People. When I went to bed the night before the vote by the B.I.H. parliament on the Hays/April package, I had assumed we were going to lose the vote and that the final disintegration of B.I.H as a state would be only a matter of time. I woke up the next morning to the wonderful news that two loyal and patriotic S.D.A. members had voted against the Hays/April Package despite Tihic’s orders and therefore the Hays/April Package was dead. Bosnia and Herzegovina would live to fight another day! Under no circumstances must we accept any so-called “amendments” to the fatally flawed and genocidal Holbrooke/Dayton Constitution such as a renewed April Package or any of its successors or modifications. That would be the equivalent of painting whitewash on the hull of the good Ship of State B.I.H. Titanic as it slowly sinks to the bottom of the Adriatic Sea. In this regard, I stopped Owen-Stoltenberg-Szasz and Franjo Tudjman from stealing Neum from us for Croatia in order to render R.B.I.H. permanently landlocked and thus to better strangulate B.I.H. to death. Someday I shall swim in the Adriatic at Neum!
We must hold out for and insist upon the complete replacement—not amendment—of the genocidal Holbrooke/Dayton Constitution. This replacement Constitution must be freely negotiated by the representatives of Bosnian civil society along the lines of the Philadelphia Convention that gave the United States of America its Constitution in 1787. We must convene an All–B.I.H. Constitutional Convention! We need a fully effective and functional Constitution for B.I.H. that will give us a B.I.H. government that will actually work for the benefit of all of the citizens of Bosnia and Herzegovina irrespective of their ethnic and religious affiliations, and thus guarantee the existence of B.I.H. as a state for the historical future. Time is not on our side. The Great Powers of the world still want to put B.I.H out of existence as a state. It is up to us stop them. I am willing to be of whatever assistance I can. In the first World Court order I won for R.B.I.H on 8 April 1993, I convinced the International Court of Justice overwhelmingly to act to protect all the citizens of Bosnia and Herzegovina no matter what were their national, ethnical, racial, or religious affiliations by means of the following order: The Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) should in particular ensure that any military, paramilitary or irregular armed units which may be directed or supported by it, as well as any organizations and persons which may be subject to its control, direction or influence, do not commit any acts of genocide, of conspiracy to commit genocide, of direct, and public incitement to commit genocide, or of complicity in genocide, whether directed against the Muslim population of Bosnia and Herzegovina or against any other national, ethnical, racial or religious group.
The World Court overwhelmingly re-affirmed and repeated this order in the Second World Court Order that I won for R.B.I.H on 13 September 1993, and ordered that it be immediately and effectively implemented by a vote of 13 to 2 (only the Russian Judge and the Serbian Judge ad hoc dissenting). I am fully prepared to help out once again to protect B.I.H. as well as all the citizens of Bosnia and Herzegovina no matter what their national, ethnical, racial or religious affiliations from these Machiavellian machinations by the Great Powers. Toward accomplishing that objective, I have written this recommendation for convening an All–B.I.H Constitutional Convention in honor of the Twentieth Anniversary of our Declaration of Independence on March 6, 1992. Long live Bosnia and Herzegovina!
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