OPINIONE

Revokimi i pavarësisë nga Surinami e drejta ndërkombëtare Kosova dhe Serbia

Shkruajnë: Veton R. Prelvukaj dhe Florent Xh hajrizi

Ditë më parë makineria propagandistike e Serbisë lansoj edhe një propagandë në vazhdën e shumë të tillave por kësaj here shumë perfide dhe më të rrezikshme.

Serbia pavarësisht të drejtës ndërkombëtare po mundohet të krijoj precedent të cilin do ta përdorë më tutje si agrumet për frenimin e Kosovës në rrugën e saj drejtë anëtarësimit në mekanizmat ndërkombëtarë me theks të veçantë në OKB!

Me ndihmën e aleateve te saj ne rend të parë Rusisë, Serbia, që nga shpallja e pavarësisë në mënyra të ndryshme duke mos përjashtuar edhe shantazhin ndaj shteteve të ndryshme përpiqet ta pengoj Kosovën në rrugëtimin e saj drejtë pavarësisë së plotë.

Duhet rikujtuar se, Serbia që nga fundi i vitit 2008 ka filluar fushatë propagandistike, kinse shtetet do ta revokojnë njohjen e pavarësisë së Kosovës, kështu presidenti i atëhershëm i Serbisë Boris Tadiq, pati thanë se, Maqedonia shumë shpejt do ta revokoj njohjen e Kosovës si shtet i pavarur. E njëjta gjë ishte trajtuar së pari nga Beogradi e pastaj nga mbar mediat tona vendore, ato rajonale e botërore se, Omani, Sao Tome sdhe dhe Guinea-Bisau kishin tërhequr njohjet e tyre ndaj shtetit të Kosovës. Në vitin 2013 propaganda diplomatike e Serbisë proklamoj se, presidenti i Çekisë Milos Zeman, do ta tërheqë njohjen.

Por të gjitha këto u shukatën dhe kaluan në heshtje, pa iu sqaruar qytetarëve kjo çështje dhe duke i lënë nën ethe.

Studiues te Marrëdhënieve Ndërkombëtare, analistët politikë dhe intelektualët por edhe Qeveria e Republikës së Kosovës, ia kanë më borxh qytetarit një shpjegim mbi këto pretendime të cilat janë plotësisht të iniciuara nga strukturat mediatike propagandistike të Beogradit.

Pra duhet nënvizuar se, E drejta Ndërkombëtare nuk njeh revokim të një akti formal të njohjes së një shteti, kjo tregon se askush nuk mund të mohojë ekzistencën e shtetit ashtu si nuk mund të mohohet lindja e një fëmije.

E drejta ndërkombëtare njeh disa lloje të njohjeve, nder to me te rëndësishmet janë:

Njohjen de facto dhe de jure.

Njohja de jure është një njohje e plotë që me aktin e saj shteti pranon shtetin tjetër dhe pranon të krijoj marrëdhënie diplomatike, ekonomike e shumë marrëdhënie të tjera me shtetin tjetër. Ky lloj i njohjes është një akt formal dhe nuk mund të revokohet.

Njohje de facto në rastin e Kosovës mund të llogaritet njohjet nga shtetet të cilat i kanë pranuar pasaportat e Kosovës, kanë marrëdhënie dhe bisedime direket dhe indirekte me qeverinë por akoma nuk e kanë bërë njohjen formale, si rasti i Greqisë.

Njohja gjithashtu mund të jepet shprehimisht dhe heshtazi.

Njohja shprehimisht jepet me telegram me deklaratë të shefit të shtetit, me notë diplomatike që e njofton shtetin tjetër dhe/apo me traktat ndërkombëtar. Ky lloj i njohjeve është përdorur në rastin e Kosovës, me ç ‘rast Kosova ka pranuar notat diplomatike mbi njohjen dhe gatishmërinë për marrëdhënie diplomatike me Republikën e Kosovës.

Njohja heshtazi nuk është njohje më pak e rëndësishme por thjesht bëhet në një formë tjetër, që mund të konsiderohet se, njohja është dhënë kur shteti pranon dhe bën marrëveshje me shtetin e ri, pranon dhe dërgon përfaqësues diplomatikë dhe konsuj me shtetin e ri.

Njohja e shteteve mund të bëhet individualisht dhe kolektivisht.

Njohje individuale kemi ne rastin e Kosovës, ndërsa njohje kolektive kemi pas ne rastin e Shqipërisë apo edhe Izraelit.

Njohja mund të bëhet edhe me kushte dhe pa kushte.

Në teori njohja me kushte nuk gjen përkrahje por kjo njohje në praktikë ka gjetur jo rrallë herë zbatimin e saj, ndërsa njohja pa kushte ka ndodhur në shumicën e rasteve e edhe në rastin e Kosovës.

Duke u bazuar në teoritë dhe llojet e njohjeve ndërkombëtare mund ten kolaudohet se, në të drejtën ndërkombëtare nuk ekziston tërheqja e njohjes, madje kjo nuk ka ndodh as në histori që një shtet ta tërheqë njohjen. Me rastin e njohjes së shtetit ekziston vetëm njohje juridike dhe se ajo faktike ka ekzistuar që nga akti i shpalljes se pavarësisë dhe se njohja juridike nënkupton vetëm një akt konstituimi ishtetit në arenën ndërkombëtare. Pra çështja e njohjeve është një çështje kryekëput politike dhe nuk mohon njohja apo mosnjohja ekzistencën faktike të shtetit, këtë e vërtetojmë edhe me vendimin e Gjykatës Ndërkombëtare të Drejtësisë. Kosova sipas GJND-së kishte të drejtë në shpalljen e pavarësisë.

Diplomacia Kosovare përpjekjet e vazhdueshme Serbisë duhet trajtuar si akte armiqësore dhe përzierje në punët e brendshme të Kosovës. Për me tepër, Kosova duhet te ndërpres procesin negociata me Serbin për deri sa këto akte armiqësore nuk ndërpriten nga ana e Serbisë dhe rastet si ky i fundit i propagandës duhet të paraqiten edhe si tema të diskutimit në debatet e rregullta të Këshillit të Sigurimit të OKB-s.

Autorët janë studiues të Marrëdhënieve Ndërkombëtare, dhe ky shkrim përfaqëson mendimin e tyre personal.

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