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Date: Tue, 4 May 1999 13:03:32 +0900
To: Multiple recipients of NETSOURCE-L <netsource-l@mail.think.service>
From: Hendrik
Subject: [NS] Interpreting the Rambouillet Accord proposal

Here are some excerpts from the Rambouillet accord proposal interspersed
with some comments. (Acknowledgements to Richard Becker of the
International Action Center, NY)

We have heard much justification why NATO had no choice but to attack
Yugoslavia because the Yugoslav government refused to negotiate over the
issue of Kosovo. However, the Yugoslav government had indicated its
willingness to accept the autonomy part of the Rambouillet proposal - what
it rejected was the implied abdication of its national sovereignty and

The proposed status of autonomy for Kosovo would have meant that Kosovo
would have received its own government, supreme court and security forces.
The Kosovo government would have been able to negate laws passed by the
federal legislature and to conduct its own foreign policy - both rights
that neither the US states nor the states of Germany possess.

Let us look at some excerpts of the accord proposal:

 Chapter 4a, Article I -- "The economy of Kosovo, shall function in
 accordance with free market principles."

It is crystal clear whose interests are being advanced here: Kosovo has
substantial mineral resources, including the richest mines for lead,
molybdenum, mercury and other metals in all of Europe. Obviously one cannot
leave the control over such resources to an independent Yugoslavia.

 Chapter 5, Article V -- "The CIM [*] shall be the final authority in
 theater regarding interpretation of the civilian aspects of this
 Agreement, and the Parties agree to abide by his determinations as
 binding on all Parties and persons."

 *Chief of the Implementation Mission

 Chapter 7, Article XV -- "The KFOR [NATO] commander is the final
 authority in theater regarding interpretation of this Chapter and
 his determinations are binding on all Parties and persons."

In other words, two foreign commanders would have had the power to overturn
elections, shut down organizations and media, and overrule any decisions
made by a provincial or the federal governments regarding Kosovo. These are
terms of occupation, not those of an agreement acceptable to a soveriegn

Following is the complete text of Appendix B to the Rambouillet Accord
proposal. The "meat" part begins with section 6. You may want to consider
in particular the implications of sections 6a and 6b, as well as sections 7
to 11 and section 15. I am sure you will recognise that this accord
proposal proves US and NATO diplomacy to be a means to conduct war, not a
means to prevent war.


Appendix B: Status of Multi-National Military Implementation Force

1. For the purposes of this Appendix, the following expressions shall have
the meanings hereunder assigned to them:

a. "NATO" means the North Atlantic Treaty Organization (NATO), its
subsidiary bodies, its military Headquarters, the NATO-led KFOR, and any
elements/units forming any part of KFOR or supporting KFOR, whether or not
they are from a NATO member country and whether or not they are under NATO
or national command and control, when acting in furtherance of this

b. "Authorities in the FRY" means appropriate authorities, whether Federal,
Republic, Kosovo or other.

c. "NATO personnel" means the military, civilian, and contractor personnel
assigned or attached to or employed by NATO, including the military,
civilian, and contractor personnel from non-NATO states participating in
the Operation, with the exception of personnel locally hired.

d. "the Operation" means the support, implementation, preparation, and
participation by NATO and NATO personnel in furtherance of this Chapter.

e. "Military Headquarters" means any entity, whatever its denomination,
consisting of or constituted in part by NATO military personnel established
in order to fulfill the Operation.

f. "Authorities" means the appropriate responsible individual, agency, or
organization of the Parties.

g. "Contractor personnel" means the technical experts or functional
specialists whose services are required by NATO and who are in the
territory of the FRY exclusively to serve NATO either in an advisory
capacity in technical matters, or for the setting up, operation, or
maintenance of equipment, unless they are:
(1) nationals of the FRY; or
(2) persons ordinarily resident in the FRY.

h. "Official use" means any use of goods purchased, or of the services
received and intended for the performance of any function as required by
the operation of the Headquarters.

i. "Facilities" means all buildings, structures, premises, and land
required for conducting the operational, training, and administrative
activities by NATO for the Operation as well as for accommodation-of NATO

2. Without prejudice to their privileges and immunities under this
Appendix, all NATO personnel shall respect the laws applicable in the FRY,
whether Federal, Republic, Kosovo, or other, insofar as compliance with
those laws is compatible with the entrusted tasks/mandate and shall refrain
from activities not compatible with the nature of the Operation.

3. The Parties recognize the need for expeditious departure and entry
procedures for NATO personnel. Such personnel shall be exempt from passport
and visa regulations and the registration requirements applicable to
aliens. At all entry and exit points to/from the FRY, NATO personnel shall
be permitted to enter/exit the FRY on production of a national
identification (ID) card. NATO personnel shall carry identification which
they may be requested to produce for the authorities in the FRY, but
operations, training, and movement shall not be allowed to be impeded or
delayed by such requests.

4. NATO military personnel shall normally wear uniforms, and NATO personnel
may possess and carry arms if authorized to do so by their orders. The
Parties shall accept as valid, without tax or fee, drivers, licenses and
permits issued to NATO personnel by their respective national authorities.

5. NATO shall be permitted to display the NATO flag and/or national flags
of its constituent national elements/units on any NATO uniform, means of
transport, or facility.

6. a. NATO shall be immune from all legal process, whether civil,
administrative, or criminal.

b. NATO personnel, under all circumstances and at all times, shall be
immune from the Parties, jurisdiction in respect of any civil,
administrative, criminal, or disciplinary offenses which may be committed
by them in the FRY. The Parties shall assist States participating in the
operation in the exercise of their jurisdiction over their own nationals.

c. Notwithstanding the above, and with the NATO Commander's express
agreement in each case, the authorities in the FRY may exceptionally
exercise jurisdiction in such matters, but only in respect of Contractor
personnel who are not subject to the jurisdiction of their nation of

7. NATO personnel shall be immune from any form of arrest, investigation,
or detention by the authorities in the FRY. NATO personnel erroneously
arrested or detained shall immediately be turned over to NATO authorities.

8. NATO personnel shall enjoy, together with their vehicles, vessels,
aircraft, and equipment, free and unrestricted passage and unimpeded access
throughout the FRY including associated airspace and territorial waters.
This shall include, but not be limited to, the right of bivouac, maneuver,
billet, and utilization of any areas or facilities as required for support,
training, and operations.

9. NATO shall be exempt from duties, taxes, and other charges and
inspections and custom regulations including providing inventories or other
routine customs documentation, for personnel, vehicles, vessels, aircraft,
equipment, supplies, and provisions entering, exiting, or transiting the
territory of the FRY in support of the Operation.

10. The authorities in the FRY shall facilitate, on a priority basis and
with all appropriate means, all movement of personnel, vehicles, vessels,
aircraft, equipment, or supplies, through or in the airspace, ports,
airports, or roads used. No charges may be assessed against NATO for air
navigation, landing, or takeoff of aircraft, whether government-owned or
chartered. Similarly, no duties, dues, tolls or charges may be assessed
against NATO ships, whether government-owned or chartered, for the mere
entry and exit of ports. Vehicles, vessels, and aircraft used in support of
the operation shall not be subject to licensing or registration
requirements, nor commercial insurance.

11. NATO is granted the use of airports, roads, rails, and ports without
payment of fees, duties, dues, tolls, or charges occasioned by mere use.
NATO shall not, however, claim exemption from reasonable charges for
specific services requested and received, but operations/movement and
access shall not be allowed to be impeded pending payment for such services.

12. NATO personnel shall be exempt from taxation by the Parties on the
salaries and emoluments received from NATO and on any income received from
outside the FRY.

13. NATO personnel and their tangible moveable property imported into,
acquired in, or exported from the FRY shall be exempt from all duties,
taxes, and other charges and inspections and custom regulations.

14. NATO shall be allowed to import and to export, free of duty, taxes and
other charges, such equipment, provisions, and supplies as NATO shall
require for the operation, provided such goods are for the official use of
NATO or for sale to NATO personnel. Goods sold shall be solely for the use
of NATO personnel and not transferable to unauthorized persons.

15. The Parties recognize that the use of communications channels is
necessary for the Operation. NATO shall be allowed to operate its own
internal mail services.

The Parties shall, upon simple request, grant all telecommunications
services, including broadcast services, needed for the Operation, as
determined by NATO. This shall include the right to utilize such means and
services as required to assure full ability to communicate, and the right
to use all of the electromagnetic spectrum for this purpose, free of cost.
In implementing this right, NATO shall make every reasonable effort to
coordinate with and take into account the needs and requirements of
appropriate authorities in the FRY.

16. The Parties shall provide, free of cost, such public facilities as NATO
shall require to prepare for and execute the Operation. The Parties shall
assist NATO in obtaining, at the lowest rate, the necessary utilities, such
as electricity, water, gas and other resources, as NATO shall require for
the Operation.

17. NATO and NATO personnel shall be immune from claims of any sort which
arise out of activities in pursuance of the operation; however, NATO will
entertain claims on an ex gratia basis.

18. NATO shall be allowed to contract directly for the acquisition of
goods, services, and construction from any source within and outside the
FRY. Such contracts, goods, services, and construction shall not be subject
to the payment of duties, taxes, or other charges. NATO may also carry out
construction works with their own personnel.

19. Commercial undertakings operating in the FRY only in the service of
NATO shall be exempt from local laws and regulations with respect to the
terms and conditions of their employment and licensing and registration of
employees, businesses, and corporations.

20. NATO may hire local personnel who on an individual basis shall remain
subject to local laws and regulations with the exception of
labor/employment laws. However, local personnel hired by NATO shall:
a. be immune from legal process in respect of words spoken or written and
all acts performed by them in their official capacity;
b. be immune from national services and/or national military service
c. be subject only to employment terms and conditions established by NATO; and
d. be exempt from taxation on the salaries and emoluments paid to them by NATO.

21. In carrying out its authorities under this Chapter, NATO is authorized
to detain individuals and, as quickly as possible, turn them over to
appropriate officials.

22. NATO may, in the conduct of the Operation, have need to make
improvements or modifications to certain infrastructure in the FRY, such as
roads, bridges, tunnels, buildings, and utility systems. Any such
improvements or modifications of a non-temporary nature shall become part
of and in the same ownership as that infrastructure. Temporary improvements
or modifications may be removed at the discretion of the NATO Commander,
and the infrastructure returned to as near its original condition as
possible, fair wear and tear excepted.

23. Failing any prior settlement, disputes with the regard to the
interpretation or application of this Appendix shall be settled between
NATO and the appropriate authorities in the FRY.

24. Supplementary arrangements with any of the Parties may be concluded to
facilitate any details connected with the Operation.

25. The provisions of this Appendix shall remain in force until completion
of the Operation or as the Parties and NATO otherwise agree.


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