According to the Oxford Dictionary, annexation is the acquisition of legal sovereignty by one state over the territory of another - usually through occupation or conquest - which leads to the conclusion that there are exceptions to the rule, and that annexation can also be carried out peacefully.
This was assessed for "Vijesti" by an assistant professor at the Faculty of Law, University of "Donja Gorica". Nikola Šaranović, commenting on the proposed amendment to the Law on the Status of Descendants of the Petrović Njegoš Dynasty, which envisages the removal of the word "forcible" from Article 1 of that regulation in the formulation on the annexation of the state from 1918.
The proposed amendments to that act are submitted to the head of parliament. Andrija Mandić (New Serbian Democracy) submitted on Friday by MPs from the ruling Europe Now Movement (PES) Gordan Stojović i Miloš Pižurica.
In their explanation of the proposed regulation, the two parliamentarians stated that "one of the key changes" relates to the deletion of the term "violent" from Article 1, and that this is not aimed at revising historical facts, but rather at "overcoming the negative connotations and reducing the polarization of society that the use of this term has caused so far."
They claim that the term "forcible annexation" carries a double meaning because, according to them, annexation itself is by definition an act that implies coercion or violence, so the additional emphasis on "forcible" becomes redundant.
"This aims to promote dialogue and reconciliation in society, while preserving respect for the common historical heritage of Montenegro," the explanation reads.
Under the patronage of the Serbian army, the unconstitutional Podgorica Assembly decided on November 29, 1918, to unconditionally unite Montenegro with Serbia, and the king was overthrown from power. Nikola, which abolished the Petrović Njegoš dynasty. In response, supporters of the Petrović Njegoš dynasty, the preservation of Montenegrin statehood and confederal unification, the so-called greens, raised an uprising on January 6, 1919, which lasted sporadically until 1929.
According to the historian's book Sherba Rastoder "The hidden side of history", the Serbian army in Montenegro committed numerous crimes during the uprising, which are documented in Serbian archives...
"Vijesti" expects a response from the prince Nikola Petrovic Njegos What is his position on the proposal to delete the word "violent" from the law, and whether he believes that its removal would overcome negative connotations and reduce the polarization of society, as the proponents claim, or does he think it is an attempt at historical revisionism.
A newspaper source from one of the ruling parties told the editorial staff that the bill was drafted in consultation with the Petrović Njegoš dynasty.
“Revision history”
Nikola Šaranović explained that annexation, according to the definition of the Oxford Dictionary of Law, is "the acquisition of legal sovereignty by one state over the territory of another, usually through occupation or conquest."
"So, there are exceptions to the rule and annexation can be carried out peacefully, even with the consent of the annexed country," he added.
When asked if it was possible for the annexation to be carried out peacefully, is it then important to emphasize that Serbia's annexation of Montenegro was violent, Šaranović replied that it depends on whether the territory of the Kingdom of Montenegro was actually annexed to the Kingdom of Serbia.
"The decisions of the Podgorica Assembly, whatever their legality and legitimacy, state: 'That Montenegro and brotherly Serbia unite into one single state under the Karađorđević dynasty, and thus united, enter the common Fatherland of our three-named people of Serbs, Croats and Slovenes,'" he told "Vijesti".
He stated that the question that logically arises from the standpoint of international legal subjectivity is - "what is the 'single state' into which Montenegro and Serbia are united according to the decisions of the Podgorica Assembly of November 29, if on December 1, 1918, the Kingdom of Serbs, Croats and Slovenes is established?".
Asked whether he thinks this proposal to amend the regulations is historical revisionism, the interviewee replies that there is no revision of history in Montenegro - "in Montenegro we have a history of revision."
"The revision once wrote 'forcible annexation'. The current revision wants to delete the word 'forcible'. Perhaps a future revision will seek to delete the word 'annexation'. But history is not written with laws," Šaranović concluded.
Dynasty Rehabilitation
Stojović and Pižurica, in their reasons for adopting amendments to the Law on the Status of Descendants of the Petrović Njegoš Dynasty, state that the envisaged amendments are based on "the need to harmonize the legal framework with current social and political circumstances", as well as on the need for "more efficient exercise of the rights and obligations of the descendants of the dynasty, and their full moral rehabilitation and compensation", in accordance with the basic provisions of the original regulation adopted in July 2011.
"This Law is an expression of the current government's obligation, in accordance with the Constitution, after a long period of uncertainty, to establish a permanent and dignified solution for the status of the descendants of the dynasty. Their implementation will contribute to the preservation of cultural and historical heritage, building social trust and further strengthening the democratic and multiethnic character of Montenegro," the document states.
The proponents said that the changes simultaneously confirm "respect for historical facts, but also the willingness to overcome social divisions and conflicts, which is a key factor for the stability, reconciliation and prosperity of the state."
"By adopting these amendments, the Petrović Njegoš dynasty, after decades of stagnation and institutional injustice, is given the opportunity for partial compensation and complete moral rehabilitation. This not only corrects historical injustice, but also symbolically restores the dynasty's place in the social and cultural life of Montenegro, thereby satisfying justice in a manner worthy of a modern, democratic and legally regulated state," it states.
Prime Minister Milojko Spajic (PES) had a meeting with Prince Nikola about 20 days ago, at which he announced that the Petrović Njegoš dynasty would be fully rehabilitated by the end of the year.
"I believe that it is in the interest of the entire society to cultivate and encourage our great tradition, which very few European countries have. The statehood of Montenegro is inextricably linked to our crown from 1910, as well as the recognition of the great powers from the 19th century," Spajić said at the time.
“Kruševac”, regular financing, heirs...
In addition to proposing that the annexation of Montenegro should no longer be described as violent, Stojović and Pižurica also suggested that, if the most famous Montenegrin dynasty has no descendants in the male line, the tradition should be continued by the oldest female child.
They explained that this allows for the continuation of the dynasty's tradition even in cases where there are no male heirs, thus ensuring the continuity of the Petrović Njegoš family and modernizing the law in accordance with the principles of gender equality.
It was proposed that the work of the “Petrović Njegoš” Foundation be financed from the state budget, by providing 100.000 euros annually, which would introduce permanent and stable financial security for the foundation.
According to the proposed regulation, the descendants of the dynasty should inherit the "Kruševac" castle in Podgorica with the associated land, and the costs of reconstruction and equipping the building would be borne by the state, while funds would be provided from the capital budget for 2026.
The bill also states that descendants of the dynasty cannot sell the Kruševac castle or otherwise dispose of the land. The only "buyer" can be the state, at the price determined on the day of acquisition of the property.
It is also stipulated that institutions located in the Kruševac Castle have the right to continue operating until the Museum of Contemporary Art is built, subject to payment of a rent determined by the competent state administration body for culture.
The proposed amendments to the regulations also define the status of real estate given to descendants. The apartment in Podgorica would remain in the ownership of the dynasty, while the land in Cetinje, intended for the construction of a house, would return to state ownership.
To draw attention to the legal basis and relevant circumstances of annexation
According to the book "Dictionary of International Public Law" by Croatian academic Vladimir Ibler, annexation is "the term most often used for the acquisition of part or all of another state's territory by force or threat, and against the will of the state to which the territory belongs."
However, Ibler states that the term annexation is sometimes used when acquiring territory without the use of force and on the basis of an international treaty.
"Certainly, the use of the term annexation is not entirely unambiguous and sufficiently specific, and this requires caution in the actual use of the term, but also in understanding its content when encountered in the practice and theory of international law. Therefore, in each specific case, it is necessary to point out the legal foundations and relevant circumstances of annexation," writes Ibler.
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