Click

ICJ Hears Macedonia’s Suit Against Greece

Written by: SETimes

Hearings in the lawsuit lodged by Macedonia against Greece over its alleged violation of a 1995 interim agreement between the two nations opened at the International Court of Justice (ICJ) on Monday (March 21st).

Macedonia filed the suit at The Hague-based top UN court back in November 2008 after Greece blocked its NATO entry bid during the Alliance’s summit in Bucharest in April the same year, insisting the long-standing name dispute between the two should first be resolved.

In the complaint it submitted to the ICJ, Skopje called that move “a flagrant violation” of the provisions of Article 11 of the September 1995 interim accord between the two countries. That article stipulates that Greece “agrees not to object” to Macedonia’s membership in international organisations and institutions that refer to it as the Former Yugoslav Republic of Macedonia.

That is the provisional reference under which Macedonia was admitted to the UN in 1993 and is still used by Greece in reference to its northern neighbour. Athens refuses to recognise the former Yugoslav republic by its constitutional name, Republic of Macedonia, for fear this could imply potential territorial claims against the province of Macedonia in northern Greece.

In an opening speech at the ICJ , Macedonian Foreign Minister Antonio Milososki told UN judges that his country is not seeking a resolution of its name dispute with Greece, which “remains the object of” a UN-mediated negotiation process.

The sole purpose of bringing the case before court is “to ensure that the respondent upholds one of its key obligations” under the 1995 accord, the minister stressed.

“We are sincerely sorry for this attitude of the respondent and hope for the Court to help both parties to return to the frames of the system, established by the interim accord,” Macedonian state-run news agency MIA quoted Milososki as saying. “It will enable us to resume our activities for joining NATO and the European Union — a goal we have been committed to since 1993 and one that is rather important for the internal stability of Macedonia’s multi-ethnic, democratic society.”

He also noted that Macedonia has been contributing to NATO efforts in Afghanistan since 2002, roughly six years before Greece’s decision to veto an invitation for the country to join the Alliance as a full-fledged member, along with Albania and Croatia.

Addressing the court Monday, British lawyer and professor Philippe Sands, a member of the team representing Macedonia, said the name of the former Yugoslav republic had never been intended to portray “any territorial claim”. But, the issue was of critical importance for its “internal stability and regional well-being”, he added.

The team representing Macedonia includes three other law professors from Washington, Brussels and Sorbonne, as well as two from the Faculty of Law in Skopje.

According to the schedule of hearings, Macedonia is due to wrap up its arguments on Tuesday (March 22nd). The judges will then hear Greece’s arguments during a two-day hearing opening Thursday.

The second round of oral presentations will open on March 28th and will end two days later with Greece’s closing remarks.

The ICJ is then expected to issue its ruling within the next six months.

Watching the pederi's first argument right now - http://www.icj-cij.org/presscom/live_original.php?p1=6

Greece presents counter-arguments in the Hague

The Hague, 24 March 2011 (MIA) - Greece is presenting Thursday its counter-arguments within the public hearing before the Hague-based International Court of Justice (ICJ) on Macedonia's suit against Greece for violating the 1995 bilateral Interim Treaty by objecting to Macedonia's application to join NATO.

The Greek team is led by Maria Telalian, legal advisor at the Ministry of Foreign Affairs, and ambassador Yiorgos Savvaidis, whereas several foreign professors will present the counter-arguments. Athens University professor Emmanuel Rukunas is the Greek ad hoc judge.

According to information published at the ICJ website, the Greek side will base its defense on the counter-accusation that Macedonia was the party that violated the Interim Treaty. The crucial evidence presented before the court will be the NATO decision at the 2008 Bucharest summit, which was unanimously adopted, and therefore the Court should declare itself of having no jurisdiction in the case.

The Macedonian team presented its arguments on March 21-22, saying Greece violated the 1995 Interim Treaty, whereas its counter-arguments have no grounds. They stressed the Court should pass a judgment that would prescribe Greece to immediately undertake all steps to observe its commitments from Article 11, i.e. not prevent Macedonia's NATO application after its renewal.

Professor Pierre Klein from the Brussels-based Libre University said in his address that Greece's arguments, according to which the subject of this case is NATO's decision at the 2008 Bucharest Summit, do not hold ground.

"At the end of the day, the important thing is whether membership criteria have been met. The subject of this case is not the NATO decision, but Greece's to block Macedonia's accession, which was adopted prior to the Bucharest summit. The blockade was announced, Greek politicians even bragged with it, which represents a violation of Article 11 of the Interim Accord", stressed Klein.

He added that Macedonia does not ask for a change in the NATO decision, but acknowledgment of the article violation.

"This will have an effect on the suit applicant through re-obtaining of the candidate-status without any obstacles or obstructions by involving other issues. The court's decision will have a legal effect, preventing threats of blockades in other organizations where the country applies for accession", said Klein.

According to Sorbonne professor Geneviève Bastid–Burdeau, Greece's counterarguments that Macedonia is the one to breach the Interim Accord are ungrounded, as if this had been the case, Greece wouldn't have to wait until now but could have filed a lawsuit earlier.

In the introductory address, Foreign Minister and Macedonia's agent before ICJ, Antonio Milososki said the case was simple and clear and that 'accords must be respected'.

The first phase of the public hearing ends with Greece's elaboration on Friday. Team representing Macedonia will have the opportunity to respond orally to Greece's defense on March 28, and the oral hearing will end with closing remarks by the Greek side on March 30.

The ICJ verdict, which is final and binding for UN member-states and parties in the dispute, is expected to be given within six months or by the year-end. ik/fd/

That guy representing the Greek side, who is speaking now, looks like Baghdad Bob