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A partial UN victory for Serbia
October 20, 2008
What do Albania, the Marshall Islands, the Federated States of Micronesia, Nauru and Palau have in common with the United States? They were the only countries that supported the US when the United Nations General Assembly voted this month on a Serbian-drafted resolution to seek an opinion from the International Court of Justice on the legality of Kosovo’s declaration of independence in February.
Even though the court’s ruling will have no legal force, Serbia interpreted the UN vote as a diplomatic triumph. Seventy-seven countries, including Serbia itself, backed the resolution. Not one of Washington’s Nato allies supported the US. Seventy-four countries abstained.
The vote was not an unqualified success for Serbia, however. Serbia won support from heavyweights such as Brazil, China, India, Mexico, Russia and South Africa, but it found itself in disagreement with most members of the European Union - the very institution it hopes to join one day.
Even so, the vote was a pretty poor advertisement for European unity. Most of the European Union’s 27 member-states abstained, but five supported Serbia. They were Cyprus, Greece, Romania, Slovakia and Spain. Each fears that Kosovo’s independence will reinforce separatist or autonomist tendencies in their own countries: Turkish Cypriots in Cyprus, ethnic Hungarians in Romania and Slovakia, Basques in Spain. For these five countries, the integrity of the national territory is self-evidently a superior principle to a united EU foreign policy.
Interestingly, Bosnia-Herzegovina was absent from the UN vote and so did not even manage to cast an abstention. But no one knows better than EU officials on the ground in Bosnia that the handling of the Kosovo issue has made the Bosnian Serbs more difficult to deal with than ever.
Immediately after the UN vote, Macedonia and Montenegro dealt a blow to Serbia by recognising Kosovo’s independence. This prompted thousands of pro-Serbian demonstrators to take to the streets of Podgorica, the Montenegrin capital. Police fired tear gas. The consequences of recognition of Kosovo will be with the Balkans, and the EU, for many years to come.
It’s sad to see these nations become whores in pursuit of EU membership…even to their domestic detriment. There are already KLA equivalents in both of these countries…ready to do exactly what the KLA did. What will the EU do then? Being and American…I can tell you right now that Obama & company will let them handle it themselves. A big mess waiting to happen.
Posted by: LazaBrkonja | October 20th, 2008 at 6:42 pm | Report this comment@Lazarbrkona
Posted by: Eric | October 20th, 2008 at 8:09 pm | Report this commentSir, the vocabullary you use for your neighbors says much more about the Serbia itself, rather than its neighbors. It speaks volumes about the arogant, chauvinist and militant mentality of Serbians, now confirmed with the last statement by Head of Serbian Orthodox Church calling for “need of a new war in Balkans”. Now he points his warmongering finger of hate towards “Muslims”, but not more than a decade ago he called for anihilation of Catholics as well. I am horrified how EU even considers accepting such a country like Serbia into its membership. Seriously, what is wrong with you?
The UN GA decision to request for ICJ legal advice on this is important. It signals overwhelming support from worldwide community to start addressing conflicts - especially separatist ones where territorial integrity of the existing countries is threatened via legal framework through the UN. Let us not forget how Kosovo came about. It is the cradle of Serbian culture and church and has been inhabited by Serbs for over a thousand years. It is important to understand how Kosovo came about – result of serious of violent acts that have resulted in cleansing of Serbs from its historic cradle and origin, all approved under Orwellian context of preserving “human rights and peace and stability”.
Posted by: Nick | October 20th, 2008 at 8:44 pm | Report this commentThe Kosovo Albanian separatist movement engaged in terrorist acts by KLA (KLA was formed in 1993, official placed on terrorist list by US State Department), for many years which were met by force at the time. The “ethnic Albanians have not been exposed to regional or countrywide prosecution in Yugoslavia/Serbia“ German Foreign office prior to NATO war. NATO’s massive bombing intended to terrorize Serbia into submission Ultimatums were issued to Yugoslavia that unless the terms of an agreement drawn up at Rambouillet were signed, NATO would undertake bombing. Ultimatums do not constitute diplomacy -they are acts of war. The Albanians of Kosovo who wanted to form separate country, were coaxed and cajoled into putting their signatures to a document motivated with the hope of NATO bombing of Serbs and independence later. On 24th March 1999, NATO launched attacks with cruise missiles and bombs, on Yugoslavia, a sovereign state, a founding member of the United Nations and the Non Aligned Movement; and against a people who were at the forefront of the fight against Nazi’s and other fascist forces during World War Two. The humanitarian pretext used to bomb Serbia did kill thousands and endanger millions of civilians and did result in occupation of Kosovo. It did also result in ethnic cleansing of over 200,000 Serbs from Kosovo by KLA and Albanian extremists – this is something NATO and its members with armed forces in Kosovo witnessed and share responsibility for!
To make up for the mess that NATO got itself it, negotiations were organized about Kosovo status which involved Serbs, Albanians and Troika involvement, but the outcome of process was wretched. It was claimed that separate country is the possible solution which is complete nonsense. There was no need by Kosovo Albanians to participate in negotiations when from the onset they were promised a separate county by American negotiators and current administration. This so called “solution” was described “unique case” and no precedent – false again at least if one asks from some thousand separatist movements on globe. Let us not forget that Albanian’s already have ethnic state which is next to Serbia and Kosovo, so in effect pushing for separate Kosovo y creates second Albanian state next to each other. The chief “negotiator” Ahtisaari more acted as a spokesperson of US State Department and Nato than unbiased mediator. All of this has created a frozen conflict in the Balkans which still needs to be addressed.
One can only hope that worldwide community and people around the world will realize that this is not in their or anyone’s interest. Since there are hundreds and thousands of ethnic conflicts around the world, it is of critical importance to clearly establish and respect international law and resolution of conflicts thru peaceful means under the auspices of UN system. The real solution to this and other similar conflicts in negotiated solution one can hope that ICJ decision will promote international law and give argument for UN to ask involved parties – in this case Serbs and Albanians to come back to the table and negotiate a real and lasting solution. This is of essence to prevent future instability/war in the Balkans and promote peace and stability in the world as a whole.
The International Court of Justice has its work cut out for it: either it can vote in favor of international right, or in favor of international might — but not both. The ball is now - finally, at long last - in the Court’s court. Here’s hoping that ICJ will render a wise and just decision, for nothing short of the future of this planet hinges on their verdict. If the Court legitimizes the rule by fiat and terror of the global might, there will not only be another war in the Balkans, there are going to be fresh ethnic wars and conflicts worldwide. If, however, the Court summons judicial prudence and renders Kosova’s (sic!) “independence” null and void, some faint and abstract hope for the future coexistence between Serbs and Albanians may yet be found. And this civil, peaceful example may actually turn out to be contagious elsewhere across the region, and the continent.
I can only hope that the wise wigged heads at ICJ will recognize that the judgment favoring the world’s most powerful nation and its military might will, in effect, spell a death sentence for the Court itself and represent an act of self-abolishment, because the Court would have relegated itself to the role of rubber-stamping wanton acts of the world’s superpower. If this should happen, along the institution itself , the Court would have tossed down the drain centuries of the world’s legal, political and moral evolution and progress. Collectively and individually, we would all regress to our primordial, lawless, barbaric state (it’s not that we are too far detached from it,anyway).
ICJ is the very last barrier, a thin veneer of civility, standing between the savage torrent of the world’s powers’ omnipotence and a small and defenseless nation doomed to be dismembered through no fault of its own. I can only hope that the Court’s levee will not crack under the rising tide of the global domination and hegemony. If it does, surely there will be more drownees than previously anticipated. The fury of lawlessness thus unleashed would ultimately cover the entire world.
The wigged heads should understand that they cannot use their wigs to stay afloat in the rising flood of the impending international lawlessness. That which affects one, affects us all.
Posted by: Chuck Beria | October 20th, 2008 at 9:59 pm | Report this commentWhy create new state(s)like kosovo which cannot survive without foreign aid. Where crime is only mean of making living(by my mate who come from kosovo duty trip)
Posted by: Smithy | October 20th, 2008 at 10:04 pm | Report this commentDo we really need to babysit those?
What is the gain from such action if any?
Serbia may well claim a partial victory in convincing the UN to support its stance on the legality of the Republic of Kosovo, however, the actions of the US that saw Montenegro and the Republic of Macedonia (the very next day) recognise Kosovo as an independent state are eveidence enough as to how serious and how far America is willing to go when it comes to solidifying the state of Kosovo. This is no longer a “case” or a “matter” for the US, this is an absolute must win or risk humiliation to a phoney oil drunk Russia and a constapated China (Neo Socialism = Communism + Capitalism).
This is far from a victory for the Serbs, in fact, this is a way Kosovo gains abslute legality. If the ICJ finds that the resolution 1244 cannot be a ground to disallow a de facto establishment, mainly because the objector agreed the signatory of Kosovo’s Independence, the UN will have a green light to adopt a new resolution. Russia’s veto will then be a rotten cause and as more than half of the UN nations recognise Kosovo as an independent state then the UN will have no choice but to accept Kosovo as a State.
Posted by: Mujo Ulqinaku | October 21st, 2008 at 1:27 am | Report this commentto Smithy:
Is 2 million ppl in Kosovo were criminals than they would already be assimilated by killing one another. First, put your prejudice away!
Posted by: odi | October 21st, 2008 at 1:33 am | Report this commentSecond, there was ethnic cleansing and genodice happening in Kosovo, it was a moral necessity for EU and USA to intervene and save the albanian population!
And heres another curiosity: over 50 countries have no drinking water, but all 192 countries in our planet have beer! Moral: Globalism! Kosovo has its importance since its located in Europe close to transport routes, 2 richest cuntry in Europe for Zink and other minerals etc..
If I decide to fire my gun in Kosovo the blank bullet will fall on the head of some italian drinking their espresso in Bari! Got it?
I am inclined to sympathise with the General Assembly’s vote, Serbia’s action in proposing the resolution and those who voted in favour.
Let’s be consistent. We often condemn violence and call for respect of international rules and the use of peaceful procedures for the settlement of disputes.
When a country so proceeds, then that should be applauded or at least accepted. I would have found it difficult to vote against Serbia’s request.
It is possible to vote in favour or abstain, depending on whether or not one feels that any legal aspects of the case still need clarifying.
Posted by: Edward S | October 21st, 2008 at 2:40 pm | Report this commentWhat Serbia is trying to do is the perfect scapegoat. They know they lost Kosova, they know that no single Albanian would like to live under Serbian rule, and they know that they have no more muscles and international support to keep Kosova under occupation. They need somebody with some moral authority to tell them: Sorry guys, you lose, so back off. Serb leaders know they will get nothing, but they need some legacy when telling to their people they have to forget about Kosova, now and forever.
Posted by: simpleman | October 21st, 2008 at 4:28 pm | Report this commentIt is time to forget the past and look forwad into the future. Serbia and Kosova, should find ways to integrate together and not bring hate between their. It is a time of globilization, a time where people should find ways to integrate with other cultures, a time to teach our children to live in peace and love our neighbours and soon it will be a time where borders don’t matter.
Posted by: Arber | October 21st, 2008 at 6:18 pm | Report this commentYes, but it’s really hard to forget about Kosovo when u have changed 4 states since the day u were born (1985), when you are so frustrated that you don’t know anymore where do you live, where are boundaries of your state, when will things finally start to get better, and when you learned your whole life that Kosovo is the hart of your culture and your identity(and it really is). So please try to understand, and be less harsh to Serbian people, it’s hard for them too. They did everything to defeat Milosevic’s regime, and won demokracy, so now they feel a little bit frustrated and betrayed.
Posted by: Danica | October 21st, 2008 at 6:48 pm | Report this commentp.s.sorry for gramatical mistakes
Kosovo Serbs will never live under Albanian rule. Many Kosovo Albanians travel and look to Belgrade for education and economy. Kosovo as a state will collapse as soon as Pentagon will find a new toy.
Posted by: John Little | October 21st, 2008 at 9:52 pm | Report this commentOf legal point of view, the Resolution 1244 mentions the Yugoslav Federation, one state who doesn’t exist today. Although Serbia is a heir-at-law of Yugoslavia, the Court could find that the case might be considered post factum, because of lake of the situation in 1999. So, the opinion of the Court could give favor to Serbia, but this would be a opinion for the situation and state-actors in 1999 or ante status quo. This opinion could became the flag of one new Serbian campaign against the state of Kosovo, but nothing more.
Posted by: Atanasov D. | October 23rd, 2008 at 3:00 am | Report this commentKosovo is too small to survive on it’s own, and the Albanian population of Kosovo says how they can not live under Serbian rule. I want to ask one thing. If you are born in Serbia and live in Serbia (while Kosovo was still Serbia) and you don’t consider your self Serbian or like Serbian “rule” why didn’t you go to a country you could call home, like Albania (seeing how you call your selves ethnic Albanians)? Sell your house and buy one in Tirana, what’s so tough about that? Excuse my language but rats always leave a sinking ship. Serbia’s economy was destroyed in the wars of the 1990’s and the ethnic Albanians who have been until then moving hapily to Yugoslavia saw an opportunity to create their own country and seized it. I’m not gonna argue but it angers me that people label Serbia as a constant bad guy without even listening to us. They have seen and heard all they need to about us on the news before meeting even a single one to decide that we are genocial maniaks with AK-47’s who in their spare time like to go hunting down poor ethnic minorities and shooting them mercelesly. I would just like you to watch one google video before you continue labeling us with the names given to us in the wartime propaganda of NATO. Here is the link:
Posted by: lightning | October 25th, 2008 at 1:21 pm | Report this commenthttp://video.google.com/videoplay?docid=5860186121153047571
Every group and Nationality no matter how small deserves to have its voice heard in an increasingly difficult political environment, if Kosovo and the Albanian people want to remove themselves from Serbia then they have the right to do so.
Posted by: Adrian | October 27th, 2008 at 10:01 pm | Report this commentQ: Someone’s question: “Why create new state(s)like kosovo which cannot survive without foreign aid. Where crime is only mean of making living(by my mate who come from kosovo duty trip)
Do we really need to babysit those?
What is the gain from such action if any?
A: I read somewhere they’ve known there’s oil in Yugoslavia. US firms knew this before the NATO decision to intervene.
Q: My question: Why does the ICJ decide things on Kosovo but the ECJ handles cases for Russia and Turkey?
Posted by: Nicolette | November 1st, 2008 at 11:02 am | Report this commentSomeone’s question:
Q: Why create new state(s)like kosovo which cannot survive without foreign aid. Where crime is only mean of making living(by my mate who come from kosovo duty trip)
Do we really need to babysit those?
What is the gain from such action if any?
A: I read it’s known there’s major oil in the former Yugoslovia. At least US firms knew it before the NATO intervention.
My own questions: Why does the UN/ICJ decide cases for Kosovo? And the ECJ decides cases for countries like Russia and Turkey and Ukraine?
Posted by: Nicolette | November 1st, 2008 at 11:13 am | Report this commentNational sovereignty is hard enough to deal with. And when there’s joint interventions by NATO, EU, and UN forces in the area?
@ Atanasov D.,
Regarding resolution 1244 being post factum because it mentions Yugoslavia and not Serbia is wrong. Serbia is the legal continuation of that state in the same way as Russia is to the Soviet Union. All treaties signed by and binding Yugoslavia equally apply to Serbia.
Posted by: oscar | November 4th, 2008 at 2:20 pm | Report this commentA lot has been and still is said about Turkish membership to the EU! Turkey is not a European country, the Turks came from Asia, Mongolia, their culture, civiliztion, language, archtypes and anything and everything that defines people is alien to European; for political reasons the United States is desperately trying to force-fit Turkey into the EU, it will not happen!
Posted by: John S. Stupakis | November 7th, 2008 at 11:23 am | Report this comment