The Ministry of Foreign Affairs (MFA) rejected the President's proposal. Jakov Milatović that the former Montenegrin foreign minister Miodrag Lekić appointed as a member of the Commission for Demarcation and Determination of the State Border - "Vijesti" learns.
According to unofficial information from the editorial office, after the proposal to appoint Lekić was rejected, the head of state is considering several other potential candidates for a member of the Commission, with whom he will conduct interviews, one of whom is a professor of public international law and a former judge of the European Court of Human Rights. Nebojsa Vučinić.
"Vijesti" expects answers from the Ministry of Foreign Affairs and Milatović's cabinet as to why Lekić was rejected as a member of the Commission, or rather how the president interprets it.
Milatović said at the end of May that the proposal to appoint Lekić was made taking into account the importance, complexity and sensitivity of the Prevlaka issue, or rather the demarcation with Croatia regarding that peninsula.
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"The issue of Prevlaka and the state border is one of the most important issues of state sovereignty, territorial integrity and long-term protection of Montenegro's interests. Therefore, this work must be conducted seriously, institutionally, professionally and with the highest level of state responsibility," he stated.
A few days after proposing Lekić, the president said he believed that Cape Oštro on Prevlaka should belong to Montenegro. This was met with a sharp reaction from Croatia, and so Vanda Babić Galić, Special Advisor to the Minister of Foreign and European Affairs of Croatia Gordana Grlić Radman, said last week in an interview with "Slobodna Dalmacija" that it is understandable that Milatović's statement is seen as a step backwards, "because it evokes rhetoric from the time when Montenegro's territorial aspirations towards the Croatian south were accompanied by the clang of tanks."
"Expecting Croatia's support for the path towards membership in the European Union (EU), while at the same time claiming Croatian state territory, is at the very least in contradiction with European values and thus does not contribute to Montenegro's European path," said Babić Galić.
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Rudolf the Younger: Returning to international law
The border between Montenegro and Croatia in the area of the Prevlaka peninsula has been disputed since the breakup of the former Yugoslavia. Prevlaka is located at the entrance to the Bay of Kotor.
After the war conflicts of the 1990s, control over the disputed border strip on Prevlaka was taken over by United Nations observers - from 1996 to 2002. That year, a Protocol on a Temporary Border Regime was established.
According to the protocol, Croatia has the mainland part of the peninsula and a 550-meter sea zone at the entrance to the Bay of Kotor, while part of the waters along the left coast of the peninsula was declared “no man's sea.” This status has been maintained to this day.
In 2008, the governments of Montenegro and Croatia began working to find a permanent solution to the Prevlaka issue, including through the Demarcation Commission.
Commenting on Milatović's statement, a retired Croatian professor of international law Davorin Rudolf the Younger, told "Vijesti" that Cape Oštro belonged to Croatia during the Socialist Federal Republic of Yugoslavia (SFRY), and that "everyone knows that" in Montenegro. He stated that according to the fundamental rule of international law - that the borders between new states are those that existed before, between federal units - Cape Oštro remains in Croatia.
"During the collapse of the former SFRY, disputes arose between the independent states, primarily territorial ones, which were unfortunately accompanied by the use of armed force. Fortunately, today this grossest violation of international law (because even the threat of force is illegal) is not an issue, but the desire to seize the territory of neighbors has not died down," Rudolf Mlađa told the editorial staff.
He pointed out that "in our time of the twilight of international law in the world and the return to the cave," the only choice for everyone is to return to that law.
"There is a wide range of means of peaceful resolution of disputes, and territorial claims are, to say the least, inappropriate," the interlocutor emphasized.
The Badinter Commission, which dealt with issues of the borders of the former Yugoslavia, determined in 1992 that the republican borders as they existed at the time of the former state's dissolution are now the borders of the newly created states, that these borders are protected by international law and that they can only be changed by agreement between states.
The Federal Republic of Yugoslavia, of which Montenegro was a part, recognized that state within internationally recognized borders, which included Prevlaka, in 1996, through the Agreement on the Normalization of Relations with Croatia.
A message instead of a response
"Vijesti" asked the Ministry of Foreign Affairs yesterday whether the department shares Milatović's position that Cape Oštro should belong to Montenegro, and when the two state commissions for demarcation last met. However, the answer did not come in the usual form, but through a statement sent to all media.
The Ministry of Foreign Affairs said that Montenegro and Croatia have identified open issues of common interest that are being discussed continuously, at different levels and in different formats, adding that for certain issues, by agreement of the two sides, special commissions have been formed, or the work of existing commissions and boards has been renewed after a multi-year standstill.
"The talks are being conducted between two neighboring and allied states, in a spirit of mutual appreciation, respect and partnership. Montenegro approaches these talks responsibly, in good faith and with a clear commitment to resolving all open issues through dialogue. Our side consistently respects the agreement reached that individual issues and the course of negotiations will not be commented on publicly until mutually acceptable solutions are reached," the statement reads.
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They stated that these are complex issues that have their own historical context and that often carry an additional social and emotional dimension, and that this is precisely why they believe that they cannot and should not be resolved through media appearances, especially "when blanket assessments are made without sufficient knowledge of the facts and the overall context."
"We do not consider such statements, regardless of which side they come from, to contribute to the process of finding a solution. On the contrary, in some cases they represent an attempt to gain short-term political gain at the expense of state interests or part of a negotiation tactic that does not contribute to building mutual trust. The Ministry will not address such statements or comment on them further," they stressed, alluding to Milatović's statement.
MVP: Attitudes and positions do not depend on personal impressions
The department headed by Ervin Ibrahimović (Bosniak Party) said that they fully understand the public's interest and the right of citizens to be informed about issues of national importance, but that it is equally important to understand that diplomacy, by its very nature, implies a certain degree of discretion.
"Serious negotiation processes are not conducted in front of cameras, nor through daily media reactions. Their success often depends precisely on the ability of participants to talk openly, responsibly and without the pressure of public competition. Discretion in such circumstances is not an expression of non-transparency, but a necessary prerequisite for achieving sustainable and mutually acceptable solutions," they pointed out.
The Ministry of Foreign Affairs said that they always took care to provide the public with relevant information, without questioning Montenegro's negotiating position or the possibility of successfully completing the process.
"We particularly emphasize that the talks are being conducted with strict respect for national interests, state dignity and international reputation of Montenegro. The views and positions of our state do not depend on personal impressions, individual opinions or political interpretations, but are determined, in accordance with the Constitution and laws, by the competent state institutions, primarily the Government," they said.
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