The constitutional name of the Skopjans and the international legality

by Dr. Thalis Mylonas *

View of Skopje and the river Axios (Vardar).

As it is well known, the Skopjans, in a totally arbitrary and illegal manner, with constitutional provisions gave to their country the Greek name Macedonia (Republic of Macedonia) and, as it is understood, proclaimed themselves as Macedonians. In any case, this given name is illegal and cannot be accepted by the international community, because the Skopjans have no historical, archeological, cultural, geographical, political and legal rights.

Consequently, the self-define of their country�s name as the Republic of Macedonia is null and void for the following reasons:

1. It contradicts the principles of Equality and Justice, which are Common Law in comparison with its neighbor country Greece which possesses multiple rights over FYROM and it occupies 70% of the historical Macedonian territory, inhabited by 2.650.000 Greek Macedonians. FYROM � Skopje possesses 17% of the historic Macedonian territory and the majority of its population is Greek that was forced to be dishellenelized by the communist regime. Bulgaria occupies 11% of Macedonia and Albania 2%.

2. It abuses the legal, cultural and hereditary products of Greece, according to an international treaty of UNESCO of 1970. This treaty was confirmed by Greek law and provided that history, civilization and the leading personalities of a country, etc. constitute cultural products of Greece and were protected by other international treaties such as, the Common European Act, the treaty of Amsterdam, the General Rules of Legality, which are accepted by all civilized nations of the world and, in general, the International Customary and Conventional Law which is applied by the International Court of Justice.

3. It violates the United Nations decision of 1991 that clearly states: Skopja will become a member of the United Nations with the temporary name of Former Yugoslavian Republic of Macedonia (FYROM) until a common agreement between Greece and the abovementioned republic had been reached and agreed upon by both countries, as well as the agreement with Greece in New York of 1995 by which also accepted the name FYROM and finally the common rule Pacta Sund Servanda.

4. It attempts to deceive the International Legality because, by using the Greek name Macedonia, FYROM attempts to legalize its illegal and criminal attitude against Greece. This deceit started in 1944 by Tito and Stalin who falsified the Greek history, intervened in the internal affairs of Greece, offered help in every way, to the so-called �democratic army� of the revolutionary communist party and finally captured and deported from Greece of 28.000 Greek children. This event was verified by the UN Security Council Decisions . Furthermore, the attempt to legalize this illegal act cannot be accepted because it contradicts the Conventions for the crimes against Humanity, the General Principles of Law, as well as the principle of ex turbi causa non oritur action, valid since the Roman period and has been incorporated in the Anglosaxon law and is accepted by all civilized nations meaning that from the unjust and the illegality acts, law and justice cannot be derived.

5. It attempts to legalize the falsification of our Greek history, civilization and great Greek personalities such as King Phillip of Macedonia, Alexander the Great and others, even though former Skopja leaders admitted that Macedonians are Greeks (Hellenes) who flourished one-thousand years before the appearance of their ancestors in the Balkans region who were Slavs... [see declarations of Kyro Gregorof, Dimitrof, Zaferis, Zelev and others.]

6. It pursues to legalize and support the so-called aggressive propaganda, which in fact is an extensive policy against the sovereignty and the territorial integrity of Greece. This propaganda has been going on for many decades and violates the international legality, the United Nations Charter, the Helsinki Final Act, The Paris Chart, etc.

7. It misleads the International Community by using the Greek name �Macedonia� which is derived from the Greek words �Makedon� and �Makos�. The fact that the name �Macedonia� has been used by the Greeks for thousands of years is an unquestionable historical fact that this name belongs to the Greeks according to the rule: possession longi temporis. The Scopians are trying to abolish this historical fact by constant propaganda in order to usurp the Greek-Macedonian civilization as their own. Their legal name must depict their identity which is Slavic, as for instance, South-Slavia, Yugoslavia, Vardasca, Vitovina, Scopian and not Macedonia which is Greek in every way.

8. Finally, the Scopians claim the Greek name Macedonia, as their constitutional name in order to justify their illegal attitude and to avoid any probable consequences. Nevertheless, Greece has the potential to appeal to the International Community and to condemn this Scopian attitude because this act is contradictory to the United Nations and the other International Organizations. Unfortunately, these illegal actions are tolerated by a number of States and Greek officials and non officials, either because of ignorance or submissiveness. This attitude supports the legalization or the forgiveness of the Scopians, who do not cease, even for one day, to create problems for Greece and to claim as Macedonian territory the area as south as Olympus.

Consequently, I would like, once more, to draw your attention to the subsequent resolutions of the International Courts which have declared that no country has the right to make use of its constitution in order to avoid its international obligations that are derived from treaties, conventions, the International Customary Law, membership of United Nations or other International Organizations without accepting the consequences. This has been confirmed in the cases of the Alabama claim, the Greco-Bulgarian communities, the Polis national case, etc. Therefore, the Skopian Constitution cannot supersede the International Treaties, the International Law and the resolutions of the International Courts.

In conclusion, all Skopian claims, as well as the several recognitions by the other countries, which as political actions, do not constitute legal obligations for the international community should not influence the Greek Government in view of the new round of negotiations. Greece has the obligation to reorient its policy and to take into consideration the above presented legal frame before it is too late.

* Dr. Thalis Mylonas is a lawyer � international law specialist, President of the Institute of Interbalkan relations with special status to ECOSOC of the United Nations.