by Alban Daci. Translation Petrit Latifi

Abstract

This article examines Greece’s continued maintenance of a formal “law of war” toward Albania and its implications for international legality, regional stability, and bilateral relations. It argues that such a law contradicts international norms, invalidates post-1990 bilateral agreements, and creates a paradox within NATO and EU frameworks, which require cooperation among member states. The author suggests that Greece maintains this position because Albania is perceived as militarily weak, unlike Italy or Turkey. The article highlights the legal, diplomatic, and security inconsistencies created by this situation and calls for the immediate abolition of the law of war in the interest of peace and regional cooperation.

Greece’s Law of War, considering Albania as militarily inferior, has also been maintained in relation to this line. So, whenever and whenever Greece sees it possible, even militarily, it can attack the sovereignty of Albania without any kind of international approval, or bilateral pretext.

In fact, although this law is beyond any kind of logic, it has several reasons for being there and these are not only related to the issue of Cham property. The latter is one of the reasons, but not only! In fact, there is a great absurdity in this story and this is also related to Albania’s weak behavior in these years with a foreign policy considered with strong feelings of inferiority and why not even submission.

Why do I say this? In fact, I say this, because according to International law, all agreements that Albania and Greece have made after the 1990s are null and void! A friendship agreement cannot be made with a country that has a law of war against Albania and the latter should have conditioned Greece to abolish the law of war on their part as the initial act of establishing new bilateral relations.

A country that has a law of war with another country means that it is in a state of war and all other agreements of a peace nature have no legal value, excluding agreements related to “casus belli”. According to Greek logic, the borders of both countries should be closed and the armies should be on high alert for combat operations.

The question is why has Greece abolished the law of war with Italy? In fact, we have another more concrete case to raise a dilemma: why does Greece not have a law of war? And this has to do specifically with Turkey in the case when military forces intervened in Cyprus by dividing it in half? Do you know why Greece has abolished the law of war with Italy and does not have one with Turkey? Because, Greece is afraid and has its sovereignty exposed if it were to maintain a law with these military powers.

Technically, according to International Law, if Turkey and Italy were ever to think of attacking Greece and with it they would have a law of war, then these two countries would not need to formally make a declaration of war and consequently in any case they could take military action without seeking any kind of pretext or approval according to international law.

Greece’s law of war, considering Albania as militarily inferior, has also been maintained in relation to this line. So, whenever and whenever Greece sees it possible, even militarily, it can attack the sovereignty of Albania without any kind of international approval, or bilateral pretext.

So, today we have a neighbor, a member of the EU and NATO, that is in a state of war with us. In this absurd situation, theoretically Albania should not allow any kind of military cooperation with Greece, no military presence of Greece in Albania even within the framework of NATO.

Also, Albania and Greece are NATO member countries and according to Article 5 of the Treaty, they have mandatory military cooperation and mutual defense. I do not know how this article can be applied between Albania and Greece, when the latter is unilaterally in a state of war with Albania.

In the absurd situation between Albania and Greece, there can be no customs agreement, import, export or free movement. Because, there can be no free movement or economic relations with a country that is in a state of war.

Therefore, I do not understand that institutions like NATO or the EU have tolerated and continue to tolerate such an absurd situation of Greece towards Albania. So, technically and according to the constitutional order of Greece and also International Law, Albania and Greece are in a state of war even though this is a unilateral decision of the latter.

Also, in this absurd reality, these countries should not have reciprocal diplomatic headquarters and accreditation, and visits by Greek leaders to Albania should also be banned, considering them a serious threat to the sovereignty of the latter.

Well, for all of this and for the common aspirations for peace, this martial law should be lifted by Greece and in fact should have been lifted immediately after the 1990s.