What should we make of Serbia’s argument, repeated recently by Prime Minister Kostunica at the meeting of the UN Security Council, that it was entitled to the protection under international law of its territorial integrity since its current government is committed to inviting its estranged Kosovo-Albanian cousins back into its polity based on equality and non-discrimination, in recognition of their cultural identity and on the basis of full respect for their internal autonomous arrangements?
The argument is neatly summarised by Srdjan Cvijic: “Milosevic’s regime certainly misgoverned Kosovo, but one can justifiedly ask why the Serbian democratic government should have to pay the price for the abuses of Milosevic’s authoritarian regime". ( In "Self-determination as a Challenge to the Legitimacy of Humanitarian Interventions: The Case of Kosovo’, 8:1 German Law Journal 57-79 (2007), at 74). NATO’s bombing campaign, so the argument continues, has relieved the Kosovo Albanian population of the threat of persecution, and possibly with it, of the option of consuming a right to seek external self-determination.
On whichever side of the debate over the underlying international legal and political reasoning accompanying the status resolution one finds himself, the Serbian idea of ‘more than autonomy, less than independence’ never seemed to gain support amongst the Contact Group which, along with UNOSEK, are effectively arbitrating Kosovo’s fate. Indeed, the forcible re-incorporation of 2 million hostile Kosovo Albanians in a 7,5 million-strong Serbian body politic had always appeared to them as running against the true interests of a stable Serbia.
1 comment:
Correct me if I am wrong but the Serbian Constitution is relatively easy to change and any concrete solution would somehow interfere with the negotiations on the future status of Kosovo. Again, maybe I am mistaken, but in the Preamble of the Constitution largest possible autonomy for Kosovo is mentioned. The question is whther this would imply that osovo has greater autonomy than other Constitutional entities such as Vojvodina? Possibly yes, because Vojvodina is not mentioned in the Preamble. The greatest problem in mind mind lays in the fact that Belgrade did not even give Albanians the possibility to register to vote on the referendum for the Constiution. But was Belgrade given the chance to govern Kosovo after 5th of October, this is the correct question? Michel
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