International Law - Non-Ali...
1 Sovereign Law Series Belgrade “Declaration of the 1st Summit of Heads of State of the Non-Aligned Movement” of 1961 Short-Form Reference: 1961 NAM “Belgrade Declaration of 1st Summit” In-Line Micro Reference: 1961 NAM “1st Summit Declaration” Ratification / Registration: NAM 1st Summit, Belgrade, Yugoslavia, 06 September 1961 © 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved. The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107). 2 Introductory Notes by the Independent Judiciary Download Sovereign Law Series – This “Sovereign Law Series” is presented by the Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized reference and effective use of international law sources. It provides primary sources of the modern framework of “conventional international law”, which contains provisions to invoke “customary international law” which is the “Common Law”. Download the “Intro & Index” (with links to all documents in the collection) here: Introduction & Index Independence from the UN – The United Nations (UN) is not a “world government”, and has no authority for any type of “global governance”: The UN is prohibited to interfere with self-determination of peoples or sovereignty of States (UN Charter, Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world parliament”, and has no authority to enact any form of “legislation”: The UN General Assembly (GA) is only a forum for States to codify and declare general recognition of rights and doctrines of international law (UN Charter, Article 13.1). Reclaiming Law and Rights – The UN has no authority to “own” or “control” international law: All the conventions actually belong to the Peoples of the Nations, and the UN is only authorized to register and publish them (1969 Law of Treaties, Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”, those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2), and “become binding upon” all States as “customary rules of international law” which are “recognized” by that convention (Article 38). Therefore, all law and rights evidenced in conventions belong to the People, and can be invoked by the People and enforced by the Independent Judiciary, in perpetuity. Words of Rights in Red – Operative words and phrases most effective for invoking and enforcing Rights, which are the most used by Barristers and Judges, are printed in Red font for ease of visual reference. Some key words may be underlined for emphasis. Commentary in Green – [Expert commentary from Barristers and Judges may be added in Green font, in Brackets, to guide effective use to assert and enforce rights.] 3 Official Text of this Law Source as Ratified “Declaration of the 1st Summit of Heads of State of the Non-Aligned Movement” The Conference of Heads of State or Government of the following non-aligned countries: [Adopted by 25 Member States supported by 3 Observer States, led by Indonesia] was held in Belgrade from September 1 to 6, 1961, for the purpose of exchanging views on international problems with a view to contributing more effectively to world peace and security and peaceful cooperation among peoples. [¶2] The Heads of State or Government of the aforementioned countries have met at a moment when international events have taken a turn for the worst and when world peace is seriously threatened. Deeply concerned for the future of peace, voicing the aspirations of the vast majority of people of the world, aware that, in our time, no people and no government can or should abandon its responsibilities in regard to the safeguarding of world peace, the participating countries having examined in detail, in an atmosphere of equality, sincerity and mutual confidence, the current state of international relations and trends prevailing in the present day world make the following declaration: [¶3] The Heads of State or Government of Non-Aligned Countries noting that there are crises that lead towards a world conflict in the transition from an old order based on domination to a new order based on cooperation between nations, founded on freedom, equality and social justice for the promotion of prosperity; considering that the dynamic processes and forms of social change often result in or represent a conflict between the old established and the new emerging nationalist forces; considering that a lasting peace can be achieved only if this confrontation leads to a world where the domination of colonialism-imperialism and neo-colonialism in all their manifestations is radically eliminated; And recognizing the fact. [This is a mandate for the “transition” of the international institutions supporting human civilization, from the “old established” modernist institutions, back to true humanitarian classical institutions. It defines the underlying conflict as being between Globalism, as the “old order based on domination… [and] neo-colonialism”, and Nationalism, as the “new order based on cooperation” led by “emerging nationalist forces” upholding the “freedom” and “prosperity” of humanity.] 4 [¶4] That acute emergencies threatening world peace now exist in this period of conflict in Africa, Asia, Europe and Latin America and big power rivalry likely to result in world conflagration cannot be excluded; that to eradicate basically the source of conflict is to eradicate colonialism in all its manifestations and to accept and practice a policy of peaceful co-existence in the world. [¶5] That guided by these principles the period of transition and conflict can lay a firm foundation of cooperation and brotherhood between nations state the following: [¶6] War has never threatened mankind with graver consequences than today. On the other hand, never before has mankind had at its disposal stronger forces for eliminating war as an instrument of policy in international relations. [¶7] Imperialism is weakening. Colonial empires and other forms of foreign oppression of peoples in Asia, Africa and Latin America are gradually disappearing from the stage of history. Great successes have been achieved in the struggle of many peoples for national independence and equality. In the same way, the peoples of Latin America are continuing to make an increasingly effective contribution to the improvement of international relations. Great social changes in the world are further promoting such a development. All this not only accelerates the end of the epoch of foreign oppression of peoples, but also make peaceful cooperation among peoples, based on the principles of independence and equal rights, an essential condition for their freedom and progress. Tremendous progress has been achieved in the development of science, techniques and in the means of economic development. [¶8] Prompted by such developments in the world, the vast majority of people are becoming increasingly conscious of the fact that war between peoples constitutes not only an anachronism but also a crime against humanity. This awareness of peoples is becoming a great moral force, capable of exercising a vital influence on the development of international relations. [¶9] Relying on this and on the will of their peoples, the Governments of countries participating in the Conference resolutely reject the view that war, including the “cold war”, is inevitable as this view reflects a sense both of helplessness and hopelessness and is contrary to the progress of the world. They affirm their unwavering faith that the international community is able to organize its life without resorting to means which actually belong to a past epoch of human history. [¶10] However, the existing military blocs, which are growing into more and more powerful military, economic and political groupings, which, by the logic and nature of their mutual relations, necessarily provoke periodical aggravations of international relations. 5 1. – 12. [Articles 1-12 are missing: (A) in the law center archive (“Non-Aligned and Developing Countries: Basic Documents”, Indian Society of International Law, New Delhi, 1970, pp.6-7, 11-15), (B) in the academic archive (“Summit Declarations of Non- Aligned Movement: 1961-2009”, Institute of Foreign Affairs, Tripureshwor, Kathmandu, 2011), and also (C) in Foreign Ministry archives of participating States (e.g. “Main Documents Relating to Conferences of Non-Aligned Countries, Ministry of Foreign Relations, Guyana, Georgetown, 1972, pp.7-9, 11-13).] 13. The participants in the Conference reaffirm their conviction that: (a) All nations have the right of unity, self-determination, and independence by virtue of which right they can determine their political status and freely pursue their economic, social and cultural development without intimidation or hindrance. (b) All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit and international law. In no case may a people be deprived of its own means of subsistence. The participating countries believe that the right of Cuba as that of any other nation to freely choose their political and social systems in accordance with their own conditions, needs and possibilities should be respected. 14. The participating countries express their determination that no intimidation, interference or intervention should be brought to bear in the exercise of the right of self-determination of peoples, including their right to pursue constructive and independent policies for the attainment and preservation of their sovereignty. [This declares that national “sovereignty” is part of the “right of self-determination” as human rights, which is exercised by countries having “independent policies” reflecting the will of their “peoples”.] 15. The participants in the Conference consider that disarmament is an imperative need and the most urgent task of mankind. A radical solution of this problem, which has become an urgent necessity in the present state of armaments, in the unanimous view of participating countries, can be achieved only by means of a general, complete and strictly internationally controlled disarmament. 6 16. The Heads of State or Government point out that general and complete disarmament should include the elimination of armed forces, armaments, foreign bases, manufacture of arms as well as elimination of institutions and installations for military training, except for purposes of internal security; and the total prohibition of the production, possession and utilization of nuclear and thermo-nuclear arms bacteriological and chemical weapons as well as the elimination of equipment and installations for the delivery and placement and operational use of weapons of mass destruction on national territories. [Note that this declared “total prohibition” of “bacteriological and chemical weapons” can be used to strengthen related Articles of the mainstream conventions, which prohibit biological weapons and medical experimentation.] 17. The participating countries call upon all States in general, and States exploring outer space at present in particular, to undertake to use outer space exclusively for peaceful purposes. They express the hope that the international community will, through collective action, establish an international agency with a view to promote and coordinate the human actions in the field of international cooperation in the peaceful uses of outer space. [This emphasis on “outer space” as the collective domain of humanity, mandating to “coordinate human actions”, evidences the leadership of the Royal Alliance of Independent States (RAIS), historically led by the Kingdom of Banten Nusantara (Archipelago Islands of Indonesia), then represented by Indonesian President Soekarno. The Royal Alliance is comprised of ancient Kingdoms (now non-territorial States as sovereign subjects of international law), representing customary law that knowledge of cosmology and use of the realms of natural creation is the shared right and heritage of humanity, which cannot be acquired by mere territorial conquest.] 18. The participants in the Conference urge the Great Powers to sign without further delay a treaty for general and complete disarmament in order to save mankind from the scourge of war and to release energy and resources now being spent on armaments to be used for the peaceful economic and social development of all mankind. The participating countries also consider that: (a) The non-aligned nations should be represented at all future world conferences on disarmament; (b) All discussions on disarmament should be held under the auspices of the United Nations; 7 (c) General and complete disarmament should be guaranteed by an effective system of inspection and control, the teams of which should include members of non- aligned nations. 19. The participants in the Conference consider it essential that an agreement on the prohibition of all nuclear and thermonuclear tests should be urgently concluded. With this aim in view, it is necessary that negotiations be immediately resumed, separately or as part of the negotiations on general disarmament. Meanwhile, the moratorium on the testing of all nuclear weapons should be resumed and observed by all countries. 20. The participants in the Conference recommend that the General Assembly of the United Nations should, at its forthcoming Session, adopt a decision on the convening either of a special session of the General Assembly of the United Nations devoted to discussion of disarmament or on the convening of a world disarmament conference under the auspices of the United Nations with a view to setting in motion the process of general disarmament. 21. The participants in the Conference consider that efforts should be made to remove economic imbalance inherited from colonialism and imperialism. They consider it necessary to close, through accelerated economic, industrial and agricultural development, the ever-widening gap in the standards of living between the few economically advanced countries and the many economically less-developed countries. The participants in the Conference recommend the immediate establishment and operation of a United Nations Capital Development Fund. They further agree to demand just terms of trade for the economically less-developed countries and, in particular, constructive efforts to eliminate the excessive fluctuations in primary commodity trade and the restrictive measures and practices which adversely affect the trade and revenues of the newly developing countries. In general they demand that the fruits of the scientific and technological revolution be applied in all fields of economic development to hasten the achievement of international social justice. [Note that these developing countries themselves declared that the proper remedy for disadvantages from colonialism is simply to implement “accelerated… development”. This is a rejection of the divisive propaganda of artificial demands for “reparations”, promoted by destructive political factions of dominant countries, which is actually used for destabilization and further damage to developing countries.] 8 22. The participating countries invite all the countries in the course of development to cooperate effectively in the economic and commercial fields so as to face the policies of pressure in the economic sphere, as well as the harmful results which may be created by the economic blocs of the industrial countries. They invite all the countries concerned to consider to convene, as soon as possible, an international conference to discuss their common problems and to reach an agreement on the ways and means of repelling all damage which may hinder their development; and to discuss and agree upon the most effective measures to ensure the realization of their economic and social development. 23. The countries participating in the Conference declare that the recipient countries must be free to determine the use of the economic and technical assistance which they receive, and to draw up their own plans and assign priorities in accordance with their needs. 24. The participating countries consider it essential that the General Assembly of the United Nations should, through the revision of the Charter, find a solution to the question of expanding the membership of the Security Council and of the Economic and Social Council in order to bring the composition and work of these two most important organs of the General Assembly into harmony with the needs of the Organization and with the expanded membership of the United Nations. [Note that as the United Nations was still developing, only 16 years after the UN Charter of 1945, this declared the concept of and movement demanding “UN Reform”, traditionally focused on perceived abuses of the Security Council, which have never been resolved nor adequately addressed.] 25. The unity of the World Organization and the assuring of the efficiency of its work make it absolutely necessary to evolve a more appropriate structure for the Secretariat of the United Nations, bearing in mind equitable regional distribution. 26. Those of the countries participating in the Conference who recognize the Government of the People’s Republic of China recommend that the General Assembly in its forthcoming Session should accept the representatives of the Government of the People’s Republic of China as the only legitimate representatives of that country in the United Nations. 27. The countries participating in the Conference consider that the German problem is not merely a regional problem but liable to exercise a decisive influence on the course of future developments in international relations. 9 Concerned at the developments which have led to the present acute aggravation of the situation in regard to Germany and Berlin, the participating countries call upon all parties concerned not to resort to or threaten the use of force to solve the German question or the problem of Berlin, in accordance with the appeal made by the Heads of State or Government on September 5, 1961. The Heads of State or Government of Non-Aligned countries resolve that this Declaration should be forwarded to the United Nations and brought to the attention of all the Members States of the World Organization. The present Declaration will be also forwarded to all the other States.