Czech President has signed the Lisbon and got what he wanted: Again and again he had asked for his signature a suspension of the European Charter of Fundamental Rights, which is of course part of the Lisbon Treaty, as a precondition. Was repeated by the media in this context the word "Benes Decrees" dropped and mentioned the danger of supposedly impending German compensation claims, of course, without explaining the historical background somehow.
Edvard Beneš was the Czechoslovak President, who announced the previously approved by the Provisional National Assembly Beneš decrees in March 1946. These expropriated and sold over 3 million German ("Sudentendeutsche") and about half a million Hungarians. Here, about 250,000 German were killed. Two months after the Beneš Decrees, the killings were legally declared as exempt from punishment ("Impunity Law").
All this was of course illegal even then under international law and the Geneva Conventions. The opinion of the Vienna State law expert Prof. Felix Ermacora of 1990 (for the Bavarian State Government) qualified the events as genocide also because he saw satisfies the conditions of the intention in one state.
Genocide or genocide, in bourgeois criminal law "murder", provides for the disasters of the 20th century (eg the Armenian genocide, the Holocaust, the expulsion of the Germans after the second world war, ethnic "cleansing" population "transfers" world) the worst crimes of the state. Unfortunately such crimes can be difficult punished so far as it ultimately always comes to the law of the jungle and was measured as good as ever with double standards and will.
Thus an International Criminal Tribunal for the former Yugoslavia in The Hague and seeks (by decision of the UN Security Council created) Although honestly, to accuse and abzuurteilen those responsible for ethnic cleansing in the former Yugoslavia, but you do not hear that significant progress had been made , was founded to provide those responsible for the war of aggression against Iraq in court ... For this purpose the International Criminal Court in The Hague (ICC) would be responsible, not to be confused with the aforementioned Special Court and by international treaties (Rome Statute), the already signed by 110 States. The list of vehement opponents of the International Criminal Court, with it
• genocide,
• crimes against humanity and
• war crimes
concerned, is who would be surprised, led by the United States. Not acceded to also include China, Russia, North Korea, Israel, Saudi Arabia and, yes, Czech Republic. The latter looked after much resistance until compelled in 2008 to recognize the Rome Statute, as it should take over the EU presidency.
Although the United States signed the Rome Statute in 2000 pro forma, but in 2002 moved their signature back again and led a special law against the ICC one that allows the U.S. President, if a U.S. person responsible would be prosecuted in The Hague, with these American military force to liberate "from the clutches of" the International Criminal Court. And so we will continue to wait for the international illegal war of aggression against Iraq will be prosecuted to name just one of the possible scenarios for prosecution for "crimes against humanity".
The European Charter of Human Rights allowed neither genocide nor expropriation without compensation. Now you might ask why this topic is even still relevant for the Czech Republic (or Germany) for and whether we should not just let "rest" of the past. For one, it is so, that genocide is not barred, on the other hand the Czechs (and Slovaks) not leave the past "rest" but it reiterates and "refreshed".
One might with some justification Germany in his effort not to let the past rest to exorcise the evil spirit of the past, come to terms with his crimes and both tangible and intangible irreparable cite as a particularly pronounced example. The efforts in this regard take with temporal distance to the historic events of intensity and intransigence even more. Alleged perpetrators in high old age or in a wheelchair can not expect any leniency because of senility or infirmity.
With equal rights but you could also Czech Republic (and Slovakia) criticize for having undertaken for the processing of a past genocide elements hitherto little: exceptions are sorry the Czech President Václav Havel for the crime of forced displacement - acts he However personally do not responsible because the perpetrator was a State (CSR) in the past. Would be much more important official distancing from the past, ie the decrees and the impunity Act of 1946 by the contemporary Czech (and Slovak) was State.
The Law on Confiscation of the property of the Germans and Hungarians in 1946, is still illegal under international law and the so-called. "Impunity law" violates applicable legal standards worldwide. The saw also the European Parliament that. It complained in a resolution of November 2002, that this law from the standpoint of modern rule of law have no right to exist. Furthermore, would the ethnically specific measures that led to the collective expulsion and the destruction of collective values, flagrantly violated fundamental European rights and the common European legal culture.
The problem is that the Czech Republic has not distanced itself from the past, but on the contrary in a large majority, adopted in Parliament decision Beneš still honored with the sentence: ". Edvard Beneš has rendered outstanding services to the state" means that the breach of the law of past is confirmed, any redress, in whatever form, not been pursued. Also, the Slovak Parliament declared in September 2007 by a large majority the Beneš decrees for "untouchable".
The Czech economy newspaper Hospodářké noviny added on 25/09/2009 nevertheless critically: "On the basis of the decrees living in Czechoslovakia, Hungary and the Sudentendeutsche were collectively disenfranchised, dispossessed and was later partially distributed ... The Slovak political scientist Miroslav Kusý denotes the step of the Slovak Parliament In an interview with Renata Havranová as big mistake: I believe that the negative reactions of Hungary are entitled. It is inappropriate to bring this ancient spirit in the 21st century out of the closet. For the Czechs Václav Havel has apologized to the Germans. We have never done anything against the Hungarians. It is a similar case. Of course, the parliamentary decision will worsen bilateral relations to which it already is not well. The Slovaks should apologize to the Hungarians. "
And the same newspaper on 13.10.2009 critical: "... Věra Řiháčková and Lukáš Pachta by the Institute for European Policy Europeum [comment] the claim of the Czech President Václav Klaus, after an inventory guarantee the Beneš decrees prior to the signing of the Lisbon Treaty. So Klaus Czech Republic wants to protect against possible property claims of the Sudeten Germans: It is indisputable that the Czechs have in the border region have no fear of their 'new' [of the Sudeten Germans confiscated] property. But the decrees are not among the most brilliant chapters in our history. It is shameful that on their basis wrongly innocent people were punished. There is at least unhappy playing them morally problematic card in a moment in which we all Europe because of the ratification of Lisbon has a close eye ... the president could not think of anything worse. '"
Václav Klaus wants to "get out of the box" with his claim an exemption for the Czech Republic and the suspension of the European Charter of Fundamental Rights that "old spirit of the 21st century" not only, but make it through the back door even in the EU acceptable again.
The Federal Centre for Political Education cited the same Czech newspaper on 19.10.2009 under the heading "The bacillus of the Beneš decrees" to Klaus' demands:
"The business newspaper Hospodářké Noviny comments on the statements of the Slovak Prime Minister Robert Fico, he wished to join the call by the Czech President Václav Klaus for a rider to the EU Treaty of Lisbon: 'In Central Europe, no one can play without consequences with the bacillus of the Beneš decrees . Fico's statement could be just the beginning of an epidemic. It is hard to imagine that a guarantee for the Czech Republic and Slovakia in Hungary does not cause outrage ... It all starts at the inflated central European nationalism of 2002 to remember grouping when the then Czech Prime Minister Miloš Zeman the Sudeten Germans subversive acting as a fifth column [Hitler ] had known that would get what they deserve. '"
From this Czech and Slovak comment starting you can ask at this point whether the demon international law evictions has been really successful averted today in these countries, and what it has with the assertion of the former Czech prime minister to be the Sudeten Germans were Hitler's "Fifth column "been?
When Israel to Christmas 2008 Gaza attack, the Czech Republic held the Presidency of the EU from January 2009. I still sound the words of support by the Czech Foreign Minister Karel Schwarzenberg at Israel in the ear, clean up with the Palestinian terrorists and his immediate sole blame on Hamas.
The Palestinians are a people that is sold and dispossessed step for step since 1949. Neither countless UN resolutions nor the recent calls of the American president have to stop this and can stop the expansion of illegal settlements. In international humanitarian law is a genocide but not the speed of the procedure, particularly above all the intention of the State decisively. Everywhere to realize another sobering example of the weakness of the international community, international law.
Schwarzenberg pithy and insensitive in view of the Czech past words but were topped by the omission of the Czech Prime Minister Miloš Zeman about the occasion of a state visit to Israel in February 2002 The September 11 attacks were not too long ago and were from the Middle Eastern state to been used on all Palestinians to throw from there with the 19 alleged Arab bombers in a pot and talk only of Palestinian "terrorists". Zeman support this identification excited and still controls some of the Czech history help to make the picture even wrong: You can not negotiate with terrorists. This would have the so-called. Shown "appeasement" of Hitler. Zeman Israel recommended the expulsion of the Palestinians if they did not accept the peace terms. The former Germany - Palestine today ?! And as Hitler and Arafat as Jörg Haider. Anyway Zeman received in Israel agreement to his words. President Moshe Katzav said : "If all the European leaders had Zeman's setting, then there would be a dramatic reduction of terror."
It was also known that Zeman told the newspaper Haaretz in an interview the Israelis had recommended , with the Palestinians to follow the same process as Czechoslovakia in 1946 with the Sudeten Germans, the allies of Hitler were.
These statements are ensured of course the German public for surprise and so claimed Zeman over the former German Foreign Minister Joschka Fischer simple, Haaretz had twisted his words, what Fischer also immediately accepted as an excuse and stressed relations between Prague and Berlin were on such a high level that they could not be affected by such turbulence. Moreover, Fischer emphasized the specificity of relations between Berlin and Tel Aviv, arising from the responsibility of Germany for the crimes of the Second World War.
(You could have say like a school essay at Fischer: Wrong topic, it concerned Mr Zemanns expulsion recommendation!.)
The UN Security Council devoted a special session on 15-October 16, currently the human rights situation in East Jerusalem and in the occupied territories. In particular, it came to the final report of the UN Fact Finding Comission on the Gaza war, which had on the Palestinian side in 1400 deaths, headed by South African judge Richard Goldstone (which from a Zionist family originates).
The Goldstone report sees possible crimes against humanity committed primarily by Israel, such as bombing with white phosphorus and use of flechette ammo (rasieklingenscharfe, pfeilchenartige bullets, the terrible injuries cause u. outlawed internationally) but also by Hamas (human shields). Therefore, he called for Israel, but the Palestinians, to investigate these allegations in the next two months officially. Otherwise, the report calls to bring the facts before the International Criminal Court in The Hague. The Mitlieder the UN Security Council followed this important and justified by worrying facts concern with 25 percent to 6 contra-votes with 11 abstentions. Interestingly, agreed Slovakia, which acted as Turnus Member Eastern Europe, 'No' against the adoption of the Goldstone Report. (Here's a link to a very insightful interview on use of banned weapons against civilians
It is shameful to see that there are any countries that want to know not officially investigated blatant of international law or human rights violations. Fortunately, they are at least in the minority within the international community.
There is an interesting NGO called " INTEREG ", which advocates for the rights of ethnic groups and regionalism in Europe. The organization has to create about 100 members from 19 countries, including Czech politicians (Dr. Petr Pithart, Prague), UNESCO Ambassador (Dr. Vladimir Lomeiko), international lawyers, historians, journalists, the discussion and issues papers and draft legislation. Moreover, it actively promotes international understanding and projects in European border regions. Dr. Rudolf Help , Sudeten Germans and also a member of this NGO, has set some worth reading texts for German-Czech history and position in international law. This is according to Help and the question whether the Sudeten Germans may be referred to collectively as indeed Hitler's fifth column.
In the following the First World War by the disintegration of Austria-Hungary with the Treaties of Saint-Germain and Trianon newly created state of Czechoslovakia found themselves from the outset strong minority (about 3.5 million Sudenten- and Carpathian German) and a half million Hungary compared to about 8 million Czechs and Slovaks nearly 2 million who saw themselves forced into the young democracy to the brink and z. B. were not admitted to the Czechoslovak National Constituent Assembly in 1919. Already at that time, voices have been raised that the newly created state should get rid of its minorities ... Until 1935, the local Germans had chosen mostly left-wing parties. Only then can the right parties won increasing influence, because they the predicament of the Sudeten Germans "assumptions" are.
In 1938, the Czechoslovak state two mobilizations by: A sample mobilization in May and a general mobilization on September 23, 1938 Both times rendered the Sudeten their convocation commands follow. So they did not turn against their "new" state. The separation of the Sudetenland in September 1938 by the Munich Agreement (Germany, England, France, Italy) was a decision at the state level, the commanded Hitler's attack on Czechoslovakia (Protectorate Bohemia-Moravia / Slovak statehood under dt. "Protection") from March 1939 aggression, for seven years later, millions of German bitter paid with the loss of their home or their life.
What is it really so at the request of the European Parliament (to which it ultimately was not known) of the Beneš Decrees move away and the Czech (and Slovak) refusal?
Rudolf Help lays the dilemma very clearly apart ". ... There is no point in the past, back to the, both sides can agree on peaceful" From standpoint of international law would have on the one hand by the Czechs the abandonment of the expulsion may be required. By the Germans on the other hand guarantee the legal certainty of the current status quo, because of course no one thinks of changing the Czech reality, but which arose due to a breach of law. Two principles thus cancel each other out.
Help proposes to take action in this muddled situation instead of ignoring it, and to try to cure the genocide in Central Europe by treading unconventional paths in a examplary model test: But should the German-Czech "Euregio Egrensis", a famous spas region ( Kalrsbad / Karlovy Vary, Marianske Lazne / Marianské Láznĕ) with 2 million people, a development fund to be created, which is equipped with both states with capital. The Czech government would bring in about the amount that he got through the confiscation of German property, the German State would a similar amount. Thereafter, the current Czech population would have the opportunity to purchase these bonds on favorable terms and originating from the Sudeten region would get transferred bonds in the amount of their losses. Help cited the Neue Zürcher Zeitung (08.08.1992) on this he proposed pilot project: Title: "East-West understanding in Miniature": "depersonalized all claims and paid out useful; no one should fear new demands "In the words of the spiritual father of the Euregio project: Rudolf Help". Sudentendeutsche and Czechs were united in a new joint project ".
Whether this meaningful concrete proposal will again get a chance to heal the past with its violations of international law and to serve the peoples active today, I dare not say. As it stands, human rights and international law issues are for the new, occupied with itself superstate EU secondary anyway and have already left lying as collateral damage along the way.
(See my blog post for reintroduction of the death penalty in the EU).
The Spanish left-wing daily newspaper El Pais interpreted on 04.11.2009 Klaus' long refusal to Lisbon to sign with the reference to possible compensation claims of Sudeten Germans in the European Court still quite differently. As pure populism El Pais quoted Czech politicians who make fun of Klaus. He was with the mention of the magic word "Sudeten" only his compatriots want rally behind. As soon as he had said the word, had suddenly stood two-thirds of his countrymen behind him. (It has stimulated an argument more to evade the issue of political controversy and serious to favor a political agenda, as Dr. Rudolf Help.)
About the former Carlsbad, where once seven out of ten residents were German, writes El Pais: "Now everything is almost in the hands of the Russian capital. A good part of the hotel, the clothing stores, the jewelry stores are owned by entrepreneurs from Moscow. In the streets there are Russian signs. "
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Tags: Benes Decrees , Euregio Egrensis , INTEREG , Karlsbad , Marienbad , Prof. Ermacora , Sudeten Germans , Vaclav Klaus , genocide
"The Palestinians are a people"
This statement is completely FALSE!
After year 70, when the Jews were expelled by the Romans from Israel, Arabs had settled this land. The owners were muftis and sheikhs in Raid and Baghdad. The people were poor tenant farmers of this country.
There were people from Egypt, who were deported, and had settled in the Gaza Strip. There were, and are still there today - extremists who had threatened Egypt.
Finally, the Jews bought large tracts of land the muftis and sheikhs in Riyadh and Baghdad from. In addition, they also bought land from the Bedouin, but this had left on the land for cultivation.
Thus there is no "bestzten areas", as claimed by the Europeans over again. If Israel has annexed some areas, this annexation is valid with respect to the real property in Riyadh and Baghdad, and NOT against the "Palestinians" !!
But these owners were happy that they could be these "barren" land to the Jews go.
Today the people you mistakenly call "Palestinians" claim to have had a coup, but this is a completely false statement and one diffame insinuation against Israel !! - But the anti-Israel Europeans spread this nonsense deliberately and with anti-Semitic background - However, they will have to atone for their evil insinuations of a hard day ...
The Romans called this land "Palestina". This results in "Palestine" developed.
No word on staatsnegativistische attitude of the German population during the 20 years of the first republic, not a word about the blind Gefolgswahn the Hehnlein Party and the "Sudeten Germans". Not a word about that in the FRG million transfers to the "displaced persons" walked.
Of course not, you can not discuss anything. At that time, just nobody wanted to live in a multi-ethnic state. However: I do not think that any population can "earn" a genocide by "misbehaving" legal. Either the law applies universally or not at all. There's no middle way. Best regards
First, my appreciation for your excellent analysis!
I have personally experienced as a former Austrians from the Sudetenland, the trauma of the first, the so-called "wild expulsions". As interesting as that proposed by Dr. auxiliary pilot in the Euregio Egrensis may seem at first glance, he would now fail because of the insurmountable emotional hurdle that German (Salten) and Czechs in a Czech state could never co-exist again.
By the way: How does "Emil" to the bold assertion that in the FRG million transfers have gone to the displaced? I spent the first years after the expulsion in Bavaria and then in Austria. Except for a ridiculous 'domestic help' from the Austrian State to afford to buy a couple of pans or firewood may WE have received neither any assistance or compensation to date. But for the distributors in addition to its state cashes century robbery for years tens of billions of "structural support" that must be so applied by the displaced persons deprived!
I can understand that people from the generation that experienced were there perhaps overwhelmed emotionally. But this can not apply to the subsequent generations, especially not if we somehow want to take Europe seriously (though not necessarily in the form of us being transmitted superstate.) I think it is from person to person anyway no problems, certainly not in the spirit of truth, the efforts should be made at least, not in the Czech Republic or Poland or elsewhere. The problem is rather governments to systematically exploit the old wounds, to thereby make everyday politics can, as has happened with Klaus u. Well in Poland in the case of Steinbach. That proposed by Dr. Hilf proposal has little chance is nat me. clear, unfortunately. But it's just a Armutszeignis that you can not from a classic Aposie, ie hopelessness, in the contrary to be two principles, could find a way out in the middle of Europe - especially in view of the increasing refugee problems has our world. Since only is a missed opportunity: Because if something would work out between Germans and Czechs, that would be exemplary..
I think there is a fundamental error before: the law applies not only to states but also generally on ethnic groups, regardless of whether these rule or live with other ethnic groups together within a state. Archaeologists have demonstrated that always inhabited Palestine continuously, so never abandoned or deserted desert was. The fact is that after the end of the Turkish Ottoman rule in 1917, Britain had a League of Nations mandate, which ended in May 1948. 1947, the UN had a partition plan, which provided a home for the Jews. However, even before the state of Israel was founded in 1948 began evictions and demolitions of Palestinian villages. In total there is compliance with UN statistics in the final result by the subsequent israel. War of Independence (May 48-July 1949) 800,000 Palestinian refugees. That there are occupied Gebeirte, is not an invention of any Europeans, but the view of the int. Community, which has prompted countless UN resolution to withdraw from this Gebeiten.
The existing since 64 years problem of the genocide of three and a half million German inhabitants of the Sudetenland in the middle of Europe has only become hopeless by the EU position. The then Commissioner for Enlargement Günter Verheugen in 2004 the massive pressure from the business lobby bent and with a legal sleight of hand (ordered Frowein certificate) despite continued existence of the expulsion and criminal exemption decrees enforced UNCONDITIONAL recording the Czech Republic. As you yourself write here the Human and Peoples' Rights as collateral damage left lying by the wayside and been buried together with around a quarter of a million civilians murdered.
Completely disgrace the "EU community of values" that compliance with recent Klaus'schen extortion has 27 leaders (!) Proved that amounts to a renewed endorsement of ethnic cleansing and the century robbery, only to finally get the Reform Treaty signed and to bring specialist. The extorted exception clause proves that human and fundamental rights in our lofty western society have no universal validity.
The hopelessness that is not solely for the experience generation but also for generations of inheritors is only thereby emerged that in addition to the existing since 2004 excluding intergovernmental regress demands now all individual actions are blocked, to date, neither states nor country teams could influence and Vaclav Klaus as the devil fears holy water.
Binding international law requires for genocide at least substantive redress through restitution or compensation, as it is indeed done a thousand times even in Nazi crimes of Germany and Austria. But even more important is that after such crimes against humanity genuine and lasting reconciliation only after a reasonable compensation for the expropriation of huge losses is possible. Wole Soyinka, Nobel Laureate in Literature in 1986 from Nigeria, sits down in his book "The burden of remembering" the problems of truth, reconciliation and redress for any injustice apart: "TO RECONCILIATION TO GUARANTEE; COMPENSATION MUST HAPPEN! "
Thank you for your detailed opinion. The role Verheugen is typical: For the German EU personnel matters of international law arising from the genocide of the German-speaking inhabitants of the former CSR, obviously only a kind of "historical waste" and an obstacle on the way to the new wonderful.. superstate, which applies wegzukicken it. Sorry, but it is clear that the EU is generally not interested in questions of human or international law. Who this is not for the past, it is also not in the future.
The proposal of the "Development Fund" by Dr. Hilf I found so so attractive, because on one hand it is not genocide recognition from the hopeless situation, but andererseit to give the residents there today population of legal certainty, an interesting way aufzeigte.Es had the policy well stood face, this check once on its practicability - because that could have been a successful model for other places in this world. A missed opportunity so.
Otherwise, I think (as a non-affected) that the displaced persons committed the great mistake in Dtld. to bind to the CDU and can be use for decades as a voting bloc. Saturated Meanwhile they had far from any party affiliation should be looking for the best in international law and ways out of seemingly hopeless situation described work. You could be internationally renowned "experts" in this field might today to be tilted instead of the political class to the waste pile (see case Steinbach) after the "Moor" has probably done his duty.