Independence of Kosovo (the Problems

¶ … independence of KOSOVO (the problems the crieses that the nation faced)

Kosovo's declaration of independence and, even more important, its recognition by a significant number of states around the world, has sparked a debate that is likely to continue in the international arena throughout the following decades. The debate is not only moral or ethical, but also legal, judicial and political.

On one hand, international law provides for the inviolability of frontiers and all countries believe this as a principle which helps solve many international law issues. On the other, countries having recognized the independence of Kosovo have argued that this was a unique situation in which the central government committed acts of genocide against the population of a certain province within its boundaries, which entitled the international community to intervene and support the independence of that respective province.

The aim of this paper is to objectively discuss the background, the process and the reasons of the independence of Kosovo and to evaluate the future impact that this is going to have both on the survival of the province itself and on the process of EU integration for Serbia.

Kosovo has been historically considered by the Serbs as the cradle of Serbian civilization, going back to the 13th and 14th centuries, as well as the place where the Serbs were defeated by the Ottomans, marking the loss of independence for the next five centuries. The region was formally annexed to the new independent Serbian in 1912, following the first Balkan war, but the territory moved between Serbia and Albania during the two world wars.

Eventually, Belgrade regained control over the province in 1945, and it became part of the Socialist Federal Republic of Yugoslavia. The status of the province at this point was not equal to the other federal republics that formed the new federation, it was an autonomous region of Serbia. However, this status varied throughout time, generally consolidating liberties for the inhabitants of the province with the gain of an 'autonomous province' status and the increase in territory.

Nevertheless, the Albanian majority tended to emphasize more and more the belief according to which Kosovo would need to secede (not necessarily to join Albania as well) in order to regain its national conscience. Allegations were made throughout the 1980s that Albanian terrorist cells were operating in the region and that the main institutions of the Serbian state, notably the army, were being penetrated by representatives of these groups.

As a direct consequence of these acts, as well as of the nationalist line promoted by then-president of Yugoslavia, Slobodan Milosevici, the autonomy of the province was significantly limited and reduced to the degree that security legislation was imposed in order to increase security measures in the province.

The wars that marked the eventual split-up of the Yugoslav Federation did not affect the province in their incipient stages. It was only until 1996 that the creation of the Kosovo Liberation Army marked the beginning or armed resistance by Kosovo's population to the Serbian central authorities. With the displacement of a significant proportion of the Albanian population, as well as reported human rights violations, the international community stepped in to broker a potential end of the hostilities.

Nevertheless, the Serbian reaction to the Rambouillet Accords and the continued hostilities marked the NATO intervention between March and June 1999, which marked the acceptance by Serbia of the terms of the Accords, including an international presence in the province.

According to the UN Security Council Resolution 1244, Kosovo remained a recognized autonomous province within Yugoslavia / Serbia, despite the UN administration and the presence of the NATO peacekeeping force. However, the problem of the displaced people remained one of the most stringent in Kosovo: with the new results of the conflict, many of the Serbs chose to leave the province, while the others remaining were still part of ethnical conflicts with the Albanian majority.

At this point, the problem was to give Kosovo a final status. As mentioned, UN Resolution 1244 provided for the autonomy of Kosovo as a province of Serbia, however, the developments on the ground marked the necessity of a final solution for the province, a status that would be functional after the UN and NATO forces would lead. The continuous ethnical tensions made it improbable that a return to the autonomy status for a longer period of time would be the appropriate solution.

Experts recommended a "supervised independence," but the problem with this was that independence was not an acceptable solution for Serbia and, additionally, Russia supported Serbia's position in the matter, whatever that might have been. In fact, Russia sustained the argument according to which it will not agree to a resolution on the final status of Kosovo unless it was a solution that could be accepted by both the Albanians and the Serbian authorities.

With no final solution in the Security Council, the other members of the Security Council (less China, whose position in the matter is fueled by its own potential problems with separatist regions) agreed for a unilateral declaration of independence by Kosovo, which would be recognized by the U.S., the United Kingdom and several other prominent countries in the EU. The declaration of independence was made in February 2008 and immediately recognized by a number of states. More than 50 countries have recognized Kosovo's independence so far.

Serbia has contested the unilateral proclamation of Kosovo's independence with the International Court of Justice, where it has required an advisory opinion on the legality of the matter, according to international law. Up to July 2009, entities, including states, can present opinions on the matter to the court, which will probably give its opinion in 2009.

The main controversy is obviously the legality of Kosovo's independence. While in national law, there are usually recognized bodies that generate the laws (the Legislative bodies) and executive ones that enforce them (the Governments, the police forces etc.), in international law there are no such bodies that can actually enforce a decision upon a state. Even in this case, as we can see, the independence of Kosovo is, in fact, determined by its recognition by other states rather than by a decision in the United Nations forum, for example. To what degree can a region or province that has been the victim of oppression (genocide in this case) by the central government can unilaterally declare independence and exercise self-determination?

At the same time, the judicial matter is not only tied to the UN Resolution 1244, which marked Kosovo as a province within the Serbian Republic, despite extended autonomy, but also because there are two principles of international law which seem to be quite contrary to one another: the principle of territorial integrity and the principle of self-determination. One dictates that the country's territorial integrity is inviolable, while the other states that a people has the right to self-determination. One addresses the state and territory issue, the other the population issue.