Raminta Kšanytė. Okupacinė kariuomenė Lietuvoje 1990–1991 m.: problemos ir sprendimai
Straipsnyje analizuojami bandymai spręsti okupacinės kariuomenės buvimo Lietuvoje ir jos statuso problemas 1990–1991 m. Apžvelgiama, kaip buvo įgyvendinami pagrindiniai tarptautinės teisės principai, formuluojamos nuostatos okupacinės kariuomenės atžvilgiu, ieškoma galimybių pradėti svetimos kariuomenės išvedimą. (TĘSINYS ŽURNALE „GENOCIDAS IR REZISTENCIJA“)
Occupational Army in Lithuania in 1990–1991: Problems and Solutions
The article gives analysis of attempts made in 1990–1991 to find solutions to the problems regarding presence and status of the occupational army of the Soviet Union. It gives deeper insight into how implemented were the main principles of the international law, what provisions in reference to the occupational army were formulated, and how performed was the search for possibilities to start withdrawal of the foreign army. To do this research, there were used the documents stored within the archives of the Chancellery of the Lithuanian Government, of the Lithuanian Parliament and Ministry of Foreign Affairs.
On 11 March 1990, having defined presence of the Soviet army in Lithuania as illegitimate, political resolutions have been made not at once, but they gradually changed real status and opportunities for the Soviet army and its organizations. Active involvement of the occupational army into political affairs of interior had had significant influence on the development of the interior political situation in Lithuania, and consequently became one of the most important factors determining destabilization of the interior political situation. Presence of the Soviet army on the territory of Lithuania had a significant impact while forming the program of the foreign policy.
In 1990–1991, rather a consistent position regarding status of the Soviet army was formed; all the attempts were made to avoid any legalization of the occupational army. This was predicated on the legal base in relation to which Lithuanian republic had never been the part of the USSR territory, thus the laws of the USSR did not had any juridical foundation on the territory of Lithuania. Any actions taken by the Soviet army in Lithuania were treated as actions of the occupational army and violation of the international law. The status of “presence” of the army in Lithuania was based only on laws of the Soviet Union. International law neither did recognize any “prescriptive acquisition”; violation of laws (occupation of Lithuania) could not create any rights for the Soviet Union in respect to Lithuania: ex inuria ius non oritur (right can not grow out of injustice).
Even though it took time to finalize the process during which the relations between different governmental links and the Soviet army were regularized, as long as 1991, one had to resign to reality; the occupational army remained in Lithuania. Even having refused the servicemen’s perks and social welfare system, the national duty and mobilization laws being ignored, still one had to accept the fact that thousands of young Lithuanian fellows continued to do duty within this army.
After the August putsch in 1991, when the international recognition of the republic of Lithuania started, the Lithuanian authorities made all efforts to change the status of the Soviet army to that of the “withdrawing army”. However, the first problem solved raised another question on Lithuanian citizens’ duty for the service in the Soviet army. In October 1991, 16 thousand Lithuanian young men were released from the Soviet army to Lithuania.
The question regarding withdrawal of the foreign army from the territory of Lithuania was completed in 1992–1993. Nonetheless, there remained a question of restitution for the damage done by the occupational army. Solution to this problem directly depend on the attitude of the countries concerned to the international law,s and on different standpoints towards the historical processes which took place in the 20th century.
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