An association of very nationalistically orientated intellectuals has written to the American president Barack Obama, in which they call him to “support the principle of justice” in solving the Slovenian – Croatian border dispute, because otherwise the Balkans remains a source of “new conflicts” similar to those during the collapse of Yugoslavia, reported Slovenian media on Thursday.

Balkans – winds of gunpowder

“The good relations between Slovenia and Croatia in the long term are only possible with both sides respecting the principle of justice. That is especially important for the part of Europe we live in, which has become known as the European “gunpowder barrel”, where the disrespect of that principle led to bloody wars. We are convinced that future conflicts can be avoided only with the implementation of that principle” wrote the Slovenian intellectuals from the “association for the reconstruction of civil society” to Obaba.

Extremely nationalistic intellectuals are in question, close to the magazine “Nova Revija”, and the former Minister of Foreign Affairs Dimitrij Rupel belongs to them.

Amongst others, the letter was signed by the program director of Slovenian television Joze Mozina, academic Stane Granda (historian), dean of the (private) faculty for the media Peter Lah, and the publicist and director Zarko Petan. All are politically close to the Slovenain Democratic Party (SDS) of the former premier Janez Jansa.

International Court of Justice is not ideal solution for Slovenians

Slovenia has set special conditions for a possible confrontation before the International Court of Justice (ICJ) in its border dispute with Croatia. The condition is that both sides need to give the court authority to bring a verdict according to the “ex aequo et bono” principle, which means “from equity and conscience”. This means that the court would disregard all international law and court practice in the border dispute in the Savudrija (Piran) bay, which do not play in Slovenia’s favour.

The academic Davorin Rudolf attended the meeting of the international committee for preparing the arbitration procedure in “Smarjeske” springs, a month ago. Davorin Rudolf is the head of the Croatian part of that committee. After the meeting he said that giving such authority to the international court for the border dispute between Slovenia and Croatia is not acceptable, because that would mean the judges do not have to apply international law. Since 1920 when the first international court was founded, no country has ever authorised such a court in an international dispute, including the ICJ, to bring a verdict according to the principle “ex aequo et bono”, which is sometimes implemented in trade law, explained Rudolf. He then said that he did not receive an explanation of Slovenia’s expectations with the verdict according to that principle, but that Pogacnik said that “each side can interpret that principle as they want”.

A declaration that the Slovenian parliament recently accepted states that the whole bay belongs to Slovenia, as well as a passage to the open sea, as well as the “disputed points” along the Dragonja and Mura rivers.