
SARAJevo, (Patria) - After today's verdict by the international court against Simatović and Stanišić, and the earlier verdict against Prlić and others, Bosnia and Herzegovina has legal evidence that a double aggression was committed against its territory, that the current state of the country's organization was created by force, and international law does not recognize a state created by force, believes legal expert Enver Išerić.
- The Dayton Peace Agreement is an agreement between warring parties that ends armed conflict. Many wars in history have ended and continue to end with peace agreements.
Besides concluding a peace agreement, the cessation of international armed conflict can also occur by a simple cessation of hostilities without a special treaty, or by subjugation (debellatio) - the conquest of the entire territory of the other warring party.
However, "according to today's international law, the subjugation of a sovereign state in an armed conflict would be legally invalid. Even if there were no collective action by the UN Security Council against the aggressor, according to Article 5(3) of the 1974 Definition of Aggression, which reflects general customary law: No territorial acquisition or special advantage resulting from aggression shall be recognized as lawful" - states Išerić.
Related text: Stanišić and Simatović convicted for Joint Criminal Enterprise, sentenced to 15 years in prison
He emphasizes that a peace treaty ends the state of war between warring states, and regulates all issues arising from the war, such as the withdrawal of military forces from occupied territories, repatriation of prisoners of war, the issue of new borders, state succession, and other matters.
- Therefore, it is evident that the signatories of the Dayton Peace Agreement were BiH and its neighboring states - the Republic of Croatia and the Federal Republic of Yugoslavia, because these two states were heavily involved in BiH with their military forces, and the HVO and Army of Republika Srpska forces were merely formal military formations, whose commands were in Belgrade and Zagreb, and which fought in their name and, with all necessary military or material assistance, as well as assistance in personnel, i.e., by sending military formations to the battlefield.
In this way, an attempt was made to conceal the real situation, and to present the aggression against BiH, with the intention of dividing its territory, as an internal conflict between Bosniaks, Serbs, and Croats in the eyes of the international community.
For this reason, the current situation established by the Dayton Agreement and its internal organization must be urgently changed to at least partially mitigate the consequences of the aggression against our country. This implies a return to the Constitution of the Republic of Bosnia and Herzegovina, which guaranteed equal rights to all citizens - concludes Išerić.
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