haradinajBy Margarita Kola * 

 Ramush Haradinaj’s arrest under international law would be null and illegitimate in the view below

1. First state entity that issued the arrest warrant for Mr. Haradinaj in 1999 no longer exists at the moment in his name and on his behalf the arrest is effected. State entity that has issued an arrest warrant has been Ramush Haradinaj, the former Yugoslav Republic (Serbia-The Montenegrin). With the secession of Montenegro and obtaining independence, the state entity and no longer exists as a result of the warrant of arrest issued by him shall become null and void and therefore should not produce any legal consequences.

2.  See second in the hierarchy of higher authority trial for war crimes at the international level to judge the Hague Tribunal is, where Haradinaj has taken innocence, saying so therefore the court’s decision on matters related to war crimes , issues on which the arrest warrant was issued for Ramush Haradinaj, prevails over any decision of the Local Court, if it even Serbia.

3.  Franca accession has accepted the authority of the Tribunal and therefore should and is obliged to recognize and implement the decisions of this Court. According to the Court, Ramush Haradinaj has twice declared innocent and France should recognize innocent, and I know Mr. Haradinaj invalidate any other warrant of arrest issued in connection with the matters for which Mr. Haradinaj was acquitted.

4.  Flet arrest for Ramush Haradinaj was released when he was Serbian-Montenegrin citizens. After the independence of Kosovo and Montenegro this document is null because Ramush Haradinaj may not be as Montenegrin citizens, not Serbian, but Kosovo Albanian nationals. So the arrest can not be made even under the name of this person, who is no longer so.

5.  Franca has recognized Kosovo’s independence and as a result the only document that must comply to identify and residents of Kosovo passports issued by the Republic of Kosovo.

6.  Haradinaj level has a diplomatic passport issued by the Kosovo authorities. Under the regime of diplomatic passports, which give the person who holds the status of the authority diplomatic arrest or his detention is subject to international regulations specific and not done just with a ban ordinary, but previously announced diplomatic authorities relevant / respective forward that conducted the ban.

7.  Ramush since exiting the warrant by former Serbo-Montenegrin Republic was in France and other times it is not banned by the French authorities. If we did not stop to all cases but only in the last time to stay in France Mr. Haradinaj which was obviously innocent after the announcement by the Hague Tribunal and not stopping him from French authorities then in legal terms, it has been a tacit acceptance of the decision of acquittal given by the tribunal. Why this ban?

France displayed with a standard other than in accordance with the Tribunal’s decision ?!

8.  Franca is in terms of the failure to enforce a court (acting contrary to the decision of a court) and one of the punitive mechanisms under international law is that of the Principle Blaming and shaming (blame and shame). So said so; International Instituciomet where France is part should exert pressure on France to seek the reasons for the arrest not eligible.

For all these reasons, Mr. Ramush Haradinaj’s arrest is null, illegitimate and in violation of international standards. France pays not only with violations of Ramush Haradinaj’s release, but should apologize to the State of Kosovo, Albania, and International Institutions.

* Expert in International Law


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