Int'l treaty grants Transnistria the right to have its own army

One of the female defenders of Pridnestrovie walks past the eternal flame in Tiraspol, the republic's capital, on 6 Sept 2007

TIRASPOL (Tiraspol Times) - A treaty which codifies international law on statehood issues grants Pridnestrovie, or Transnistria as it is informally known, the right to its own defense forces. Diplomatic recognition is not a requirement.

The issue was discussed on Thursday when Pridnestrovie's armed forces marked the 16th anniversary since they were founded on 6 September 1991.

The treaty is the Montevideo Convention on the Rights and Duties of States which is a re-statement of long held principles of international law that applies not just to the signatories of the treaty, but to all subjects of international law worldwide - even to unrecognized states, as the treaty explains.

The treaty, in its article 3, grants unrecognized countries such as Pridnestrovie the right to have its own armed forces:

"Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit."

Localborn soldiers from Pridnestrovie's defense force lay flowers on the graves of their friends who were killed by Moldova in 1992's war for independence. A multilateral corps of peacekeepers is now stationed in a buffer zone between the two sides, and Moldova has not attacked Pridnestrovie military since a ceasefire was signed.

For international law to apply, statehood is achieved by any country - recognized or not - which meets four basic requirements: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states.

Recognition is not a requirement for any country to be covered by the treaty or by international law in general, with article 3 of the Montevideo Convention furthermore explaining that:

"The political existence of the state is independent of recognition by other states."

The United States and numerous other countries in the world are signatories to the Montevideo Convention and are bound by international law to respect Pridnestrovie's right to have its own armed forces.

These forces, however, must not engage in aggression against any other subjects of international law. Pridnestrovie can allow its troops to "defend its integrity and independence" and to "provide for its conservation," but crossing into Moldova and taking out targets in Chisinau is a no-no.

" - This is not a problem for us," says Vasile Nanca, a volunteer with the reserves.

" - We have no designs on Moldova whatsoever. We are merely here to defend the country that we have been building for the past seventeen years. If they attack us again, we will defend ourselves. But as long as they stay on their own side of the river, all will be well."

Who attacked who?

As historians determine who was the aggressor and the instigator of a war that shattered families and communities on the Dniester river, they first determine who attacked who in 1992.

Moldova is separated from Pridnestrovie by the Dniester river which forms a 400 km border between the two. Before World War II, Moldova was part of Romania and Pridnestrovie was part of Ukraine. The Dniester river - back then, too - was the border between the two.

Although Moldova declared independence in 1991 over a territory which it referred to as its "historical and ethnic area" and denounced the 1940-merger with Pridnestrovie - which it calls Transnistria - it later changed its mind and decided that it would like to have Pridnestrovie / Transnistria become part of Moldova after all.

The population of Pridnestrovie, which had earlier declared its own independence, did not agree and re-affirmed their independence aspirations in referendums held in both 1990 and 1991. Moldova preferred to use military force to subdue the democratic will of the people, and in 1992 ordered its troops to cross the Dniester river and attack the people of Pridnestrovie.

With its young self-defense forces, which at the time consisted mostly of volunteers, Pridnestrovie managed to defend itself but at a cost of 809 lives. Russia did not participate in the fighting but late in the war, Russia - with Moldovan and Pridnestrovian agreement - sent in peacekeepers to separate the sides and broker a ceasefire.

"We don't want to take Chisinau"

Although being unable to prevail in war, Moldova nevertheless maintains a territorial claim on the 17 year old unrecognized republic of Pridnestrovie.

The claim means that Moldova still has active plans for controlling Tiraspol, Pridnestrovie's capital, and imposing its rule over the 550,000 of the country. In numerous opinion polls, between 90% and 97% of the population of Pridnestrovie do not want this, and prefer to live in a free Pridnestrovie.

Pridnestrovie's army is for strictly defensive purposes and has no interest in attacking anybody anywhere. Chief of staff of the PMR Armed Forces, Vladimir Atamanyuk, confirmed this. "It goes without saying that we certainly don't exist to attack anyone," said Atamanyuk during the army's 16th anniversary ceremonies that were held in Pridnestrovie's capital city on 6 September 2007.

" - They want to take Tiraspol," says Pridnestrovie's Vasile Nanca. "But we don't want to take Chisinau. Our only desire is to live in peace as good neighbors. We simply wish that they would respect our freedom and independence, just as we respect theirs."

See also:
» Peaceful co-existence requires mutual demilitarization; confidence building
» Amid tensions, PMR's armed forces mark 15 year anniversary

On the web:
» Montevideo Convention and Pridnestrovie's statehood