In This Article
30-Second Summary
Headline Links: United Nations deadline passes; EU fast-track deal for Serbia
Background: Obstacles to independence
Historical Context: War
Related Links: UN recommends independence; UN Security Resolution 1244
Opinions & Analysis: Assessing Serbian and Kosovan claims
Reference Material: The International Court of Justice
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EU Assists Kosovo on Road to Independence
by
findingDulcinea Staff
Kosovo wants political autonomy despite Serbian and Russian objections; a UN deadline to resolve the issue passes without conclusion, and the European Union takes steps to deter the resurgence of old conflicts.
30-Second Summary
During a one-day summit on Dec. 14, leaders from the European Union agreed to offer Serbia a fast track to EU membership as an incentive to allow Kosovo to break from its control.
However, the membership deal is conditional on Belgrade handing over individuals wanted for war crimes who are still at large.
Earlier, Serbian Prime Minister Vojislav Kostunica rejected the same deal when it was suggested by British Prime Minister Gordon Brown.
"I am sure that every Serbian prime minister would reply in the same way to an offer that Serbia give up any part of its territory in exchange for some concession," responded Kostunica.
In a Wall Street Journal article on Nov. 15, 2007, Kosovan Prime Minister Agim Ceku explained why he feels his nation’s status must be resolved by territorial separation: “After the suffering of all of the people of Kosovo in the 1990s, we can never have any kind of confederation with Serbia. But we can have collaboration … Kosovo alone will declare its independence.”
Serbia may ask the UN Security Council for an advisory opinion from the International Court of Justice to block Kosovo’s bid for independence.
Serbia considers Kosovo a province. But the state has been under UN control since 1999, when NATO intervened to prevent further Serbian ethnic-cleansing of Kosovar Albanians. At least 90 percent of the Kosovar-Albanian population was displaced during the war.
Russia has voiced its objection to Kosovo breaking from Serbia, arguing that such a split would encourage separatists elsewhere in countries formally incorporated in the USSR.
However, the membership deal is conditional on Belgrade handing over individuals wanted for war crimes who are still at large.
Earlier, Serbian Prime Minister Vojislav Kostunica rejected the same deal when it was suggested by British Prime Minister Gordon Brown.
"I am sure that every Serbian prime minister would reply in the same way to an offer that Serbia give up any part of its territory in exchange for some concession," responded Kostunica.
In a Wall Street Journal article on Nov. 15, 2007, Kosovan Prime Minister Agim Ceku explained why he feels his nation’s status must be resolved by territorial separation: “After the suffering of all of the people of Kosovo in the 1990s, we can never have any kind of confederation with Serbia. But we can have collaboration … Kosovo alone will declare its independence.”
Serbia may ask the UN Security Council for an advisory opinion from the International Court of Justice to block Kosovo’s bid for independence.
Serbia considers Kosovo a province. But the state has been under UN control since 1999, when NATO intervened to prevent further Serbian ethnic-cleansing of Kosovar Albanians. At least 90 percent of the Kosovar-Albanian population was displaced during the war.
Russia has voiced its objection to Kosovo breaking from Serbia, arguing that such a split would encourage separatists elsewhere in countries formally incorporated in the USSR.
Headline Links: United Nations deadline passes; EU fast-track deal for Serbia
On Dec. 10, EU envoy Wolfgang Ischinger explained to reporters that negotiations between Serbia and Kosovo concerning Kosovo’s state status had failed. "Regrettably the parties were unable to reach agreement on status," stated Ischinger.
Source: The Daily Telegraph
On Dec. 14, the BBC reported that EU leaders agreed to offer Serbia a fast-track to membership in hopes of maintaining peace should Kosovo declare independence as expected. The EU also agreed “in principle” to send an 1,800-strong force to Kosovo to replace the current UN mission. The summit did not go as far as explicitly endorsing a unilateral declaration of independence.
Source: The BBC
According to the Serbian Ministry of Foreign Affairs Web site, Serbian Prime Minister Vojislav Kostunica stated that Serbia will not give up “territorial integrity” in any sort of trade or because of external pressure. "I am sure that every Serbian prime minister would reply in the same way to an offer that Serbia give up any part of its territory in exchange for some concession," stated Kostunica in direct response to British Prime Minister Gordon Brown’s statement that Serbia must accept Kosovo’s independence if it wants to be a member of the European Union.
Source: Serbian Ministry of Foreign Affairs
Background: Obstacles to independence
Serbia may ask the UN Security Council for an advisory opinion from the International Court of Justice to block Kosovo’s bid for independence. On Dec. 10, Serbian President Boris Tadic stated, "Serbia will urgently launch an initiative within the Security Council to obtain the opinion of the International Court of Justice over the legality or illegality of Kosovo's independence."
Source: Smart Money
In March 2007, Martti Ahtisaari, former Finnish president and chief UN negotiator on Kosovo, recommended that Kosovo move toward independent status with international assistance. In a confidential letter to UN Secretary General Ban Ki Moon, Ahtisaari wrote, "The time has come to resolve Kosovo's status. Independence is the only option for a politically stable and economically viable Kosovo."
Source: The Washington Post (free subscription may be required)
Historical Context: War
PBS provides a timeline for the Balkans War, which goes back to 1987 and Slobodan Milosevic’s rise to power and ends in September 1999 with the complete demilitarization of the Kosovo Liberation Army.
Source: PBS
According to PBS’s “War in Europe: NATO’s 1999 War Against Serbia over Kosovo,” at least 90 percent of the Kosovar-Albanian population was displaced during the war.
Source: PBS
Related Links: UN recommends independence; UN Security Resolution 1244
In his letter to the President of the Security Council, available online as a PDF, UN Secretary General Ban Ki Moon stated that he agreed with the recommendation made by the special envoy regarding Kosovo’s future status and that Kosovo should gain independence, supervised by the international community. Ban Ki Moon also stated that he agrees with “The Comprehensive Proposal for Kosovo Status Settlement," which aims to “define the provisions necessary for a future Kosovo that is viable, sustainable and stable.”
Source: United Nations Office of the Special Envoy to Kosovo
UN Security Council Resolution 1244 requires that the secretary general provide regular updates on progress in determining Kosovo’s future status.
Source: The United Nations
Opinions & Analysis: Assessing Serbian and Kosovan claims
In a Wall Street Journal op-ed on Nov. 15, 2007, Kosovo Prime Minister Agim Ceku explained why this issue of status cannot remain unresolved. “After the suffering of all of the people of Kosovo in the 1990s, we can never have any kind of confederation with Serbia,” Ceku wrote. “But we can have collaboration. And we will all benefit from it—Kosovo and Serbia and Europe. There is nothing worse for any of us, including Serbia with her European aspirations, than to leave the issue of Kosovo's status unresolved … Kosovo alone will declare its independence … This will be a very multilateral independence."
Source: The Wall Street Journal (subscription may be required)
In 2005, Georgetown University Professor Charles A. Kupchan wrote an article in Foreign Affairs arguing the following: “Kosovo's independence is the best hope for finally settling one of the most intractable feuds in the Balkans, defeating the remnants of extreme nationalism in Serbia, and laying the foundations for a Balkan politics that focuses on the opportunities of the future rather than the wrongs of the past."
Source: Foreign Affairs
The Balkan Investigative Reporting Network supported a debate, entitled “Kosovo’s Preparations for Independence,” in which representatives from various pro-independence Kosovan groups met, including members from the Group for Policy Analysis and Democratic Party of Kosovo. Economic, political and security questions were discussed, such as how prepared Kosovo is for independence and what damage Serbia could cause.
Source: The Balkan Investigative Reporting Network
Former U.S. ambassador to the United Nations and negotiator of the Dayton Accords, which ended the Bosnian war, Richard C. Holbrooke believes that if Kosovo declares independence, violence could follow if the international community does not take preventative steps. “We have two choices here: You send troops in beforehand, to prevent the violence, or you rush troops in after it breaks out and the social fabric has been further torn apart,” Holbrooke writes.
Source: Council on Foreign Relations
In May, 2007, Time magazine considered whether Russia, traditionally Serbia’s ally, will try to block Kosovo’s bid for independence. “Russia cannot turn down Belgrade’s pleas for help,” Time writes, “particularly at a time when Putin is promoting an image of himself as a strident defender of Russia and its allies against the designs of NATO."
Source: Time magazine
In his October 2007 article “Letter from Kosovo: The Countdown,” William Finnegan interviews Kosovo Prime Minister Agim Ceku, the former chief of staff of the Kosovo Liberation Army, and speculates that Kosovo is likely to declare independence unilaterally. Ceku explains how he puts the past behind him in working toward an independent and peaceful Kosovo: “Look, my father was killed. But leave it. We are now invited to build a better future. It happened to everybody. It happened to you. It happened to me. I’m here to talk about the future, not to sit and argue about who suffered more."
Source: The New Yorker
Lee Hudson Teslik, an assistant editor for the Council on Foreign Relations, examines the obstacles Kosovo currently faces regarding independence. “Kosovo can call itself a country, but with Russian opposition, it can’t be admitted into the United Nations,” Hudson writes. “Moreover, UN peacekeepers won’t be allowed to stay in Kosovo, and the idea of transitioning to an EU-led peacekeeping force is complicated by the fact that some eastern EU members likely won’t recognize Kosovo (B92).” Teslik also provides an in-depth review of various analysts’ opinion pieces on this subject.
Source: Council on Foreign Relation
Reference Material: The International Court of Justice
If Serbia’s planned request to the Security Council is granted, it will receive an opinion analysis from the International Court of Justice.
Source: The International Court of Justice
According to Chris Borgen of Opinio Juris, "The start of an [International Court of Justice] advisory opinion proceeding could lengthen the road to independence (or set up a road block … ). As mentioned before, commentators have argued that it is important for Kosovo to time any declaration of independence based on when the EU is ready to recognize it as a state. Thus, simply the prospect of an ongoing ICJ proceeding may become a bargaining chip for Serbia, regardless as to what the judges find in the end." Scroll down the Opinio Juris page to find the relevant section.
Source: Opinio Juris
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