Convene an All – B.I.H. Constitutional Convention to Replace Holbrooke’s Genocidal Dayton Constitution!
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 genocidaireRadovan Karadžić 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 millionmore Bosnians to ethnic cleansing. The genocidal O-S Lawyer Paul Szasz admitted to me thatKaradžić 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 Karadžić-Owen-Stoltenberg-Szasz genocidal carve-up of R.B.I.H.and the Bosnians never happened! In addition, acting pursuant to my advice and under instructions from the R.B.I.H. government, I tried to negotiate with O-S for an internal reorganization of R.B.I.H. along the lines of the Constitution for the Swiss Confederation.O-S vigorously opposed the Swiss model because that would have saved B.I.H. as a state and the Bosnians as a People.
Over two years later in the Fall of 1995, and following directly in the footsteps of the genocidalKaradžić-Owen-Stoltenberg Plan, the first draft of the Dayton Agreement that Richard Holbrooke gave to the R.B.I.H. Delegation would have constituted a de jure carve-up and partition of R.B.I.H into two little statelets that were never designed to survive for very long: the Federation and Republika Srpska (R.S). When I pointed this out to the R.B.I.H. Delegation in Dayton, they rejected it. Instead, Holbrooke imposed upon R.B.I.H. a de facto carve-up and partition of R.B.I.H into these two little statelets that nevertheless did preserve B.I.H. as a State and B.I.H’s membership in the United Nations Organization. But R.I.P: R.B.I.H! In the process Holbrooke had already sacrificedSrebrenica and Žepa together with well over 8000 Bosnians in order to make his B.I.H. carve-up palatable to the genocidaireSlobodan Milošević who was at Dayton.
No thanks to the Butcher of the Balkans Holbrooke, B.I.H. was barely alive as a State and put on an emergency international life support apparatus, where it still remains today. Since then, the Great Powers have been plotting, planning, and scheming all along to pull the proverbial plug on B.I.H’s statehood under international law and eliminate B.I.H. once and for all time. Holbrooke’s genocidal Dayton Constitution was nothing more than a weigh station and a fig-leaf for the complete disintegration of B.I.H as a state under international law.
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 MuhamedSacirbey 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 Tuđjman 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:
(2) by 13 votes to 1[only the Russian Judge dissenting],
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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|William T. Hathaway|