Europe: Kosovo
See also Europe: Serbia; Montenegro
International Court of Justice rules in favor of the world's newest independent nation state
Summary:
The former Serbian province of Kosovo, which unilaterally declared its independence in 2008, has since been seeking international recognition of its sovereign status. While such recognition as come from the likes of the United States, the United Kingdom and France, its independent status has been strongly resisted by Serbia -- the remaining successor state of the former Yugoslavia. In July 2010, however, Kosovo's thrust for sovereignty was strengthened within the international community by the International Court of Justice's ruling in favor of the world's newest independent nation state.
Background --
Officially, the Serbian province of Kosovo -- inhabited by a predominantly ethnic Albanian population -- had been governed by the United Nations Interim Administration Mission in Kosovo (UNMIK) since 1999, under the authority of United Nations Security Council Resolution 1244. That scenario had been intact until the 2008 declaration of independence.
Kosovo's Declaration of Independence --
At the start of that year [2008], Kosovo's head of government, Prime Minister Hashim Thaci, announced that a declaration of independence was forthcoming The notion of Kosovo's independence had been somewhat supported by the western countries of the European Union (EU), while Russia had expressed the view that Kosovo should ideally be granted independence with the support of Serbia. But the very idea of independence for Kosovo was soundly rejected by Serbia, which did not want to see its territorial integrity disintegrate further after Montenegro's secession.
The controversial nature of Kosovo's independence led the EU to call on Kosovo's leaders to exercise patience in their independence drive. The EU wanted the leadership of Kosovo to wait until the presidential election in Serbia was finished (the second round would take place in February 2008), and until a civilian force could assume the mission in Kosovo from the United Nations.
Nevertheless, one month later on Feb. 17, 2008, with all 10 Serbian parliamentarians boycotting the historic session, Kosovo's parliament unanimously endorsed a declaration of independence from Serbia. The declaration, which was read by Prime Minister Hashim Thaci, asserted Kosovo to be a democratic country, and that the country would be founded in accordance with the United Nations plan. That plan would not allow Kosovo to join another country, would ensure an international monitoring presence, limit armed forces, and protect Serb minority rights. To that latter point, the prime minister noted there would be full respect and rights of all ethnic communities. In heralding the independence of Kosovo, Prime Minister Hashim Thaci also said, "We have waited for this day for a very long time... from today, we are proud, independent and free."
Tens of thousands of jubilant Kosovars celebrated the declaration of independence in the streets of Kosovo's capital of Pristina. Fireworks and gunfire were heard across the city. Ethnic Albanians across the world were also reported to be celebrating the developments in Kosovo.
However, in Belgrade, Serbians took to the streets to protest Kosovo's independence move. Gangs were blamed for attacks on the United States embassy, the office of the European Union presidency (located inside the Slovenian embassy), other diplomatic interests (i.e. embassies of United Kingdom, Turkey, Croatia and Belgium) and symbolic multinational interests, such as a McDonald's restaurant. There were also reports of attacks on United Nations police. As well, in the mainly Serbian town on Mitrovica, located within Kosovo, there were reports of hand grenades being thrown into two buildings with international interests -- a United Nations courthouse and the European Union mission office.
That being said, Kosovo was reported to be free of violence a week after declaring independence. The state of calm was attributable to the deployment of local police, United Nations forces and NATO troops on the ground in Kosovo.
International Recognition --
The developments occurred after Serbian Prime Minister Vojislav Kostunica delivered an emotional speech condemning Kosovo's secession and blamed the West for forcing Serbs to relinquish their identity. For his part, recently re-elected Serbian President Tadic also reacted negatively to the news. The Serbian government suggested it would try to block Kosovo from receiving international recognition, as well as membership in international institutions such as the United Nations.
Meanwhile, the United Nations Security Council was set to convene an emergency session on Kosovo. The meeting was called by Russia, which has been an ally of Serbia, in some measure as a result of the two countries' shared Slavic roots. It was not known if Russia intended to recognize an independent Kosovo. It had generally maintained the view that to do so would result in unwanted consequences in the Georgian breakaway provinces of Abkhazia and South Ossetia, not to mention Chechnya within its own domain. Meanwhile, Europe remained divided on the issue. European countries such as Cyprus, Romania and Slovakia had said that they would not recognize Kosovo, while Spain, which has contended with its own Basque separatist movement, also indicated reluctance. Nevertheless, recognition of Kosovo's independent status by the United States and a number of European countries, including the United Kingdom, Italy, France and Germany, commenced on Feb. 18, 2008.
As Kosovo gained international recognition of its independent status from world powers including the United States, the United Kingdom and France, Serbia contemplated how to deal with this fracture to its identity, legacy and territorial integrity.
In the period of late 2008 to early 2009, several developments occurred, which effectively reified Kosovo's status as a sovereign state, en route to being recognized by the broader international community. In October 2008, the United Nations General Assembly voted to refer Kosovo's declaration of independence to the International Court of Justice. In December 2008, security, judicial and customs functions transitioned from United Nations administration to that of the European Union. In January 2009, a multi-ethnic security force was established under the aegis of NATO control. The Kosovo Security Force replaced the previous security force that had been composed of veterans of independence campaign against Serbia.
Kosovo, Montenegro and Serbia --
Kosovo was at the center of a regional imbroglio in early 2010. On Jan. 15, 2010, it was reported that Serbia had recalled its ambassador to Montenegro. At issue was Montenegro's decision to establish diplomatic ties with Kosovo. To that end, official diplomatic relations commenced with an exchange of letters between the foreign ministers of Montenegro and Kosovo. The move exacerbated strained relations between the two countries - both successor states of the former Yugoslavia. Indeed, when Montenegro recognized Kosovo's unilateral declaration of independence in October 2008, Serbia expelled its ambassador and a new envoy did not return to Belgrade until 2009. Now, Serbia's wounds of territorial and cultural identity have been re-opened with the news of burgeoning diplomatic relations between the two countries - Montenegro and Kosovo - that Belgrade never wished to see leave the fold. For its part, Serbia was hoping that Montenegro would hold off on the establishment of diplomatic ties with Kosovo until the International Court of Justice at The Hague could rule on the unilateral declaration of sovereignty.
International Court approves Kosovo's independence --
On July 22, 2010, the International Court of Justice at The Hague ruled in favor of Kosovo's unilateral independence from Serbia in February 2008, affirming the legality of the declaration of sovereignty. The non-binding opinion noted that Kosovo's independence declaration in 2008 did not violate general international law. The decision was broadcast live on national television stations of Kosovo. The country's President Fatmir Sejdiu held a news conference in Kosovo's capital city of Pristina after the ruling and effusively asserted: "This is a blessed day for Kosovo and its citizens." Jubilance aside, local and international security forces were increased in the Serb-dominated areas of northern Kosovo as a security precaution.
The ruling was the result of a case brought before the International Court of Justice in the aftermath of Serbia launching a complaint with the United Nations on Kosovo's independence declaration. As indicated above, Serbia has steadfastly maintained the view that such a declaration should be treated as invalid and illegal, and has demanded that Kosovo return to the Serbian fold. In response to the ruling issued from The Hague, Serbian Foreign Minister Vuk Jeremic said that his country would "never, under any circumstances" recognize a self-proclaimed, independent Kosovo. Jeremic also lamented the fact that the difficult days were ahead for his country. He also reiterated the belief that it was of vital importance to keep the entire territory of the "province" of Kosovo peaceful and stable. Jeremic's use of the word "province" to describe Kosovo was the latest manifestation of Serbia's intransigent refusal to acknowledge Kosovo's desire for self-determination.
Further developments related to international recognition --
For its part, amidst these developments, the United States reaffirmed its recognition of Kosovo's independent status. Ahead of the decision, Kosovo Prime Minister Hasim Thaci met with United States Vice President Joe Biden and members of the Obama administration to discuss the impending ruling. The White House issued a statement regarding that meeting, which read as follows: "The vice president reaffirmed the United States' full support for an independent, democratic, whole and multi-ethnic Kosovo whose future lies firmly within European and Euro-Atlantic institutions." The White House statement continued, "The vice president also reiterated the United States' firm support for Kosovo's sovereignty and territorial integrity."
Taking a very different approach, Russia was quick to reiterate its existing stance on Kosovo. The Russia Foreign Ministry issued a statement that read, "Our position of not recognizing Kosovo's independence remains invariable. We believe that the Kosovo problem can only be solved through continued talks between the involved parties based on the United Nations Security Council resolution." It went on to read, "We are ready to further actively facilitate this."
Nonetheless, the ruling by the United Nations' highest court would only bolster Kosovo's thrust for international recognition, despite objections from Serbia. With more than 65 countries already recognizing Kosovo's sovereignty as of mid-2010, more were likely to follow in the aftermath of the decision made at The Hague. Indeed, Pristina was now in position for membership within the United Nations.
The ruling could, potentially, have ramifications across the globe. Of significance was the statement by Court President Hisashi Owada, who noted that international law contains no "prohibition on declarations of independence." Clearly, any number of independence movements and breakaway republics would now seize upon that reference point to defend their independence aspirations.
Concluding note --
Meanwhile, United Nations chief Secretary-General Ban Ki-moon called on the central parties to avoid taking any provocative steps in the aftermath of the ruling from the International Court of Justice at The Hague. A statement from his office read as follows: "The Secretary-General urges all sides to avoid any steps that could be seen as provocative and derail the dialogue." The statement also noted that the secretary-general "strongly encourages the parties to engage in a constructive dialogue." Finally, the statement included a notification that Secretary-General Ban would forward the advisory opinion to the General Assembly, which had requested the Court's advice, and which would play a key role in determining next steps in dealing with the matter of Kosovo's status.
-- Denise Youngblood Coleman, Ph.D.
Houston, Texas
July 24, 2010
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