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Contents 1 Controversy over Kosovo Independence 1.1 Legality of independence 1.2 Status of Kosovo Serbs 1.3 Kosovo as a precedent or unique case 1.3.1 As a precedent for Republika Srpska 1.3.2 As a precedent in the Former Soviet Union 1.3.3 As a precedent for other disputed regions 1.3.4 As a precedent in undeclared states 1.3.5 Political leaders who have discussed the “Kosovo precedent” 1.4 Impact on international relations 1.5 See also 1.6 References 1.7 External Links

[edit] Controversy over Kosovo Independence

The internationally supervised independence of Kosovo from Serbia has received a mixed reaction from the international community. The controversy over Kosovo independence includes not only the legality of the declaration itself but also the fate of Kosovo Serbs, the impact on international relations, and whether it sets a legal precedent for other separatist conflicts throughout the world.

[edit] Legality of independence

The Legal basis of Kosovo's status has centered on two aspects of international law, that of territorial integrity and self-determination. According to a NATO report on the question of Kosovo's status (see External Links), the Declaration on Friendly Relations states a region may have the right of secession in the case of foreign occupation or if the region is a colony of another nation. The NATO report claims, while mentioning disagreement on the interpretation, that a third condition exists when "a people whose right to internal self-determination has been thoroughly violated by a Government that does not represent the people" and suggests Kosovo qualifies under this condition. In the report a Canadian Supreme Court ruling on the secession of Quebec is cited which states:

“

The international law right to self-determination generates at best, a right to self determination...where a people is oppressed... or where a definable group is denied meaningful access to government to pursue their political, economic, social and cultural development. In all three situations, the people in question are entitled to the right to external self-determination because they have been denied the ability to exert internally their right to self-determination

”

The report goes on to discuss the exercise of what is seen as an emerging right to secession in international law represented by the response of the international community in the cases of the secessionist movements in Eritrea, East Timor, the USSR, and Yugoslavia. In concluding the report argues in favor of external self-determination for Kosovo, but rejects it in any case where regions are open to democratic mechanisms.

United Nations Security Council Resolution 1244, passed in 1999, legally affirmed Yugoslavia's (ie. Serbia's) territorial integiry and sovereignty over Kosovo, but placed the region under the authority of the United Nations Interim Administration Mission in Kosovo (UNMIK), with security provided by a NATO-led Kosovo Force (KFOR) and authorized a process to determine Kosovo's final status.

[edit] Status of Kosovo Serbs

See also: 2008 Post declaration of independence unrest in Kosovo

Attacks on the border posts of Kosovo raised fears of a separation of Northern Kosovo and subsequent merger with Serbia.^[1] Russian diplomat Alexander Botsan-Kharchenko, who took part in the negotiations on the status of Kosovo, said such partition was inevitable:

“

A factual division of Kosovo to a northern, Serbian part and a southern, Albanian one, will take place as a consequence of the illegal declaration of independence.[2]

”

Under Secretary for Political Affairs Nicholas Burns following suggestion Kosovo be partition said "We absolutely oppose the partition of Kosovo," and that the "great majority of countries around the world are not going to stand for that."^[3] In response to the seizure of railways in Northern Kosovo and formation of Serbian offices to serve as part of a parallel government Kosovo's Prime minister stated that they would "not tolerate any parallel institution on Kosovo's territory" and would assert their authority over all of Kosovo.^[4] The UN's Special Representative in Kosovo said the "international community has made it very clear that no partition of Kosovo will be acceptable."^[5]

Ivan Eland a Senior Fellow at the Independent Institute suggested such "a partition within a partition" would prevent a "Serbia-Kosovo War" and provides the "best chance" of Kosovo having a long-term stable relationship with Serbia.^[6] Chairman of the Serb Municipalities of Kosovo Alliance Marko Jakšić dismissed the talk of partition and said the action of Serbs in Kosovo is to protest the Kosovo declaration. Oliver Ivanović a Kosovo Serb leader, said he was against Kosovo's partition because "most Serbs live south of the Ibar and their position would become unsustainable".^[7]

A Reuters analysis suggeted that Kosovo may be divided along ethnic lines similar to Bosnia-Herzegovina. James Lyon of the International Crisis Group thinktank was quoted as saying "The Republika Srpska (Bosnian Serb Republic) style is acceptable for Serbia, but within the confines that it (Kosovo) is still part of Serbia."^[8] Pieter Feith, the European Union's special representative in Kosovo, and the International Civilian Representative for Kosovo said no plans are under discussion to carve out a canton or grant any other autonomy to Serbs living in the north of Kosovo. He told the Pristina, Kosovo, daily Koha Ditore, "It is quite clear that the privileged relations between the Serbs here (in Kosovo) and Belgrade are in the spheres of education, healthcare and religious objects," adding that "the government in Pristina has to be respected."^[9]

[edit] Kosovo as a precedent or unique case

Kosovo's independence is alleged to create a precedent for currently unrecognized states. Such a precedent would prioritise the self-determination of prospective states over the territorial integrity of the host state, thus stimulating separatism. This "Kosovo precedent" could involve territorial disputes in several unrecognized states around the world. This interpretation is disputed with several countries who argue Kosovo is a sui generis case.

The Unrepresented Nations and Peoples Organisation said that recognition of Kosovo would "redefine and clarify key concepts of international law." [4] It said:

“

Experts agree that the declaration of independence for Kosova will set a precedent and world leaders are equally aware of the precarious position they face when determining whether to recognize Kosova’s independence. For regions in similar conditions, Kosova's independence represents new hope for the future of their own potential statehood.

”

In a statement issued February 19th the U.S. State Department argued every territorial conflict is unique. It said Kosovo's unilateral independence cannot be used by other states to resolve disputes.^[10]

Russian President Vladimir Putin said, "Our position is extremely clear. Any resolution on Kosovo should be approved by both sides. It is also clear that any resolution on Kosovo will set a precedent in international practice." Analysts take this as meaning Russia would come out for the independence of breakway regions in the Former Soviet Union.^[11]

[edit] As a precedent for Republika Srpska

According to a poll of Bosnian Serbs taken by the Banja Luka-based Partner agency before Kosovo's declaration, 77% would support a referendum being called on Republika Srpska's independence from Bosnia and Herzegovina.^[12] The Prime Minister of Republika Srpska Milorad Dodik, citing popular demand, suggested that a referendum on the Serb entity's independence could be held if Kosovo declares its independence.^[12] However, Dodik denied accusations that there were already ballots being printed for such a referendum on independence.^[13]

Since Kosovo's declaration of independence Bosnian Serb nationalists have called for Dodik to fulfill his promises and call a referendum. Dodik has since said he will only call a referendum if Srpska's autonomy is threatened.^[14] Despite this Bosnian Serb lawmakers passed a resolution on Thursday February 21st calling for a referendum on independence if a majority of the UN members (97 out of 192), especially members of the European Union, recognize Kosovo's declaration of independence.^[15] After the resolution was passed the U.S. cut aid to the SNSD and the resolution was condemned by the European Union.^[16] The Peace Implementation Council (PIC) overseeing Bosnia and Herzegovina said the country's entities have no right to secede.^[17] The High Representative for Bosnia and Herzegovina, Miroslav Lajcak said Srpska has "absolutely no right" to secede and that he would use his Bonn Powers "if there are threats to peace and stability" or the Dayton peace agreement.^[18]

In an interview for a Novi Sad daily, Dodik said if most countries recognize Kosovo's self-proclaimed independence, this would legitimize the right to secession and added "we do not see a single reason why we should not be granted the right to self-determination, the right envisaged in international conventions."^[19]

[edit] As a precedent in the Former Soviet Union

Main article: Frozen conflict

v • d • e Conflicts in the Former Soviet Union Nagorno-Karabakh – South Ossetia – 1st Abkhazia – Georgia – North Ossetia – Transnistria – Tajikistan – 1st Chechnya – 2nd Abkhazia – Dagestan – 2nd Chechnya

Sergei Mironov, the chairmen of Russia's upper house of parliament said in December of 2007, "In case of the unilateral recognition of the independence of Kosovo, Russia will be entitled to change its approach to the so-called unrecognized republics in the post-soviet regions - South Ossetia, Abkhazia and Pridnestrovie." He went on to say "In case of such a recognition of Kosovo, Russia will be able to say that it is free in its approach, including towards the so-called unrecognized republics of Abkhazia, South Ossetia and Pridnestrovie [Transnistria]."^[20]

Immediately following Kosovo's declaration of independence Russian officials appeared to soften their position with Boris Gryzlov saying only that Moscow should “reshape its relations with self-proclaimed republics” which according to news reports could mean lifting the economic embargo on the regions.^[21] On March 6, 2008 Russia's Foreign Ministry announced it had lifted sanctions on Russia and called on other CIS member states to do the same. Russia denied the event had any connection to Kosovo, but Georgian parliament speaker Nino Burjanadze said she believed the move was part of Russia's response to Kosovo's declaration and signals an attempt to "annex" Abkhazia.^[22][23] Eduard Kokoity, the President of South Ossetia's breakaway republic, talking about recognition said, "Some countries will recognize our republics [South Ossetia and Abkhazia]. I cannot rule out that some of them may do so later this year. Russia, however, will not necessarily be the first to recognize our independence."^[24] Georgia, which claims South Ossetia and Abkhazia as its territory based off UN Resolutions, has warned that such recognition would amount to a declaration of war (see also United Nations resolutions on Abkhazia).^[25] The U.S. State Department has urged for countries not to make statements which could prevent the peaceful settlement of Abkhazia and South Ossetia's status. They also called for all countries to reiterate their support for Georgia's territorial integrity and its sovereignty within the borders defined by the UN Security Council.^[10]

Armenia's Deputy Parliament Speaker Vahan Hovhannisyan has said Kosovo's independence will influence the settlement of the dispute over Nagorno-Karabakh. Foreign Minister Vardan Oskanyan declared at the UN General Assembly session in October of 2007 that the Armenian side “does not understand and cannot accept the reverse logic that Kosovo was given independence and that another nation cannot obtain self-determination."^[26] Before being elected president, Armenian prime-minister Serzh Sargsyan said Kosovo was not a precedent for Karabakh. He underlined that Nagorno-Karabakh has been independent for the past 17 years. ^[27]

Following a skirmish between Armenian military forces in Nagorno-Karabakh and Azerbaijan forces which left 4 Azeri and 12 Armenian soliders dead, Azerbaijan said it was sparked by international recognition of Kosovo. US State Department Spokesman Tom Casey rejected the comparison stating "Kosovo is not a precedent and should [not] be seen as a precedent for any other place out there in the world. It certainly isn't a precedent for Nagorno-Karabakh."^[28]

South Ossetia, Abkhazia, and Transistria have all submitted formal requests for recognition of their independence to Russia, among other countries, and international organizations citing Kosovo as a precedent.^[29][30] South Ossetia's appeal was approved at a joint session of the breakaway republic's parliament and the parliament of North Ossetia a Russia autonomous republic.^[31] Russia's Duma called a session for March 13 to discuss the issue of recognition in respect to the unrecognized republics in the Former Soviet Union.^[32]

[edit] As a precedent for other disputed regions

Ozdil Nami a senior Turkish Cypriot official told the Turkish Daily News, "When diplomatic efforts are exhausted other alternatives are put on the table. We clearly see this in Kosovo where diplomacy proved futile and other formulas are floating around. This will certainly have an impact on Cyprus."^[33] Nami suggests the resolution of Kosovo may be applied to Northern Cyprus well. According to Nami, "Everyone sees 2008 as the last window of opportunity for a solution to the Cyprus problem." He claims Cyprus is being warned that "other alternatives could be on the agenda" if there is no resolution.^[33]

Member of Palestinian negotiating team Yasser Abed Rabbo said if talks with Israel continue to falter, Palestinians should unilaterally declare independence.^[34] In reference to Kosovo, he said that "we deserve independence even before Kosovo, and we ask for the backing of the United States and the European Union for our independence."

[edit] As a precedent in undeclared states

The Spanish government decided against recognizing Kosovo's declaration of independence fearing similar moves by its autonomous territories of Galicia, Catalonia, and the Basque Country. Authorities in all three autonomous regions praised Kosovo and pressed Spain to recognize its independence.^[35]

[edit] Political leaders who have discussed the “Kosovo precedent”

The following political leaders have voiced their belief that the independence of Kosovo will create a precedent for other separatist movements.

• Vladimir Putin, president of Russia^[36]
• Sergey Lavrov, Russian Foreign Minister^[37]
• Mikhail Margelov, Chairman of the Foreign Affairs Committee of the Federation Council of Russia^{[38] [39]}
• Igor Smirnov, president of Moldova's breakaway Transnistria^[40]
• Eduard Kokoity, president of Georgia's breakaway South Ossetian government^[41]
• Sergei Bagapsh, president of Georgia's breakaway Abkhazian government^[42]
• Milorad Dodik, premier of Bosnian entity of Republika Srpska^[43]
• Liu Jianchao, foreign ministry spokesman of Peoples Republic of China^[44]

• Miguel Angel Moratinos, Foreign Minister of Spain^[45]
• Hugo Chavez, President of Venezuela^[46]

[edit] Impact on international relations

The former U.S. Ambassador to the U.N. John Bolton, former Secretary of State Lawrence Eagleburger and former Assistant Defense Secretary Peter Rodman have warned that Western recognition of Kosovo independence would create "an avoidable confrontation with Russia" and "turn what is now a relatively small problem into a large one."^[47]

On February 1, 2008 President Saakashvili described the Kosovo issue as a major challenge for Georgian diplomacy.^[48]

[edit] See also

• International reaction to the 2008 Kosovo declaration of independence
• Color revolution
• Greater Albania
• Irredentism
• Kosovo status process
• Yugoslav Wars

[edit] References

[edit] External Links

• How will Kosovo affect global politics? Ynetnews
• Sovereign Kosovo raises questions for Hungarian minority -- Canadian Hungarian Journal
• The Kosovo precedent in the making Turkish Daily News
• Breakaway regions look to Kosovo precedent Reuters
• Serbia warns of a new Balkan war as peace talks over Kosovo fail The Times
• Messy Kosovo breakaway stokes fear of partition Reuters
• Tensions mount by the shores of the Black Sea The Globe and Mail
• The Kosovo Crisis in an International Law Perspective: Self-determination, Territorial Integrity and the NATO InterventionCategory:Politics of Kosovo

Republika Srpska Abkhazia Nagorno-Karabakh South Ossetia Category:Unrecognized or largely-unrecognized states Western Sahara Turkish Republic of Northern Cyprus