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BLOW FOR SEPARATISM
JOHN CHERIAN
Frontline
http://www.frontline.in/stories/20100910271806100.htm
Aug 24 2010
The international court has set a dangerous precedent in opining that
Kosovo's declaration of independence did not violate international law.
THE advisory opinion of the International Court of Justice (ICJ),
given on July 22, endorsing the ~Sindependence~T of Kosovo has come
as a shock not only to Serbia but also to a host of countries around
the world battling secessionist and divisive forces. The learned
judges of the court ruled in a 10-4 decision that the unilateral
declaration of independence by Kosovo in February 2008 was valid
under international law.
The ICJ, however, clarified that its ruling pertained only to Kosovo's
declaration of independence, not to its status as an independent
state. Hisashi Owada, the head of the ICJ, said international law
contained ~Sno prohibitions on the declaration of independence~T
and, therefore, Kosovo's declaration of independence did not violate
international law. Serbia had asked the ICJ, through the auspices
of the United Nations General Assembly, to rule on the legality of
Kosovo's action.
The advisory opinion of the ICJ was immediately welcomed in
many Western capitals, especially Washington, London, Paris and
Berlin. The governments there had played an important role in the
break-up of Yugoslavia. Kosovo hosts one of the biggest bases of the
North Atlantic Treaty Organisation (NATO) in the region.
The United States State Department spokesman was quick to endorse
the ICJ's verdict, and Secretary of State Hillary Clinton called on
the international community ~Sto move beyond the issue of Kosovo's
status~T and recognise its statehood. Currently, 69 countries have
extended recognition to Kosovo. The ICJ's landmark ruling could help
Kosovo cross the magic figure of 100, which would then let it qualify
for formal U.N. membership. Kosovo's Prime Minister, Fatmir Sejdiu,
said the ICJ's decision ~Sfinally removes all doubts that countries
that don't recognise Kosovo still have~T.
Serbian President Boris Tadic said his country would never accept
the non-binding verdict of the ICJ. He said the ICJ opinion
was ~Sdifficult~T and Serbia would ~Snever accept the unilateral
declaration of independence by Kosovo~T. Most Serbs consider Kosovo
their spiritual heartland. The Serb minority in Kosovo has virtually
established an autonomous enclave in the tiny breakaway country. The
ICJ's decision may embolden Kosovo to use military means to establish
control over the Serb minority in the north. There have already been
clashes there.
The Serbs have stocked up on weapons to prepare for any eventuality.
Serbia has offered ~Senhanced autonomy~T, bordering on virtual
independence, to Kosovo and wants the U.N. General Assembly to vote
on the issue when it meets in September. Serbia had argued in the ICJ
that Kosovo's declaration of independence challenged its sovereignty
and undermined international law.
The United States and the major powers in the European Union seem to be
confident that Serbia's desire to join the E.U. will eventually make
it accept the reality of an independent Kosovo. The Serbian President
has said that a confrontation with the West on the issue will be
counterproductive for the country's plans to integrate with the E.U.
Russia for dialogue
Russia said the ICJ's decision would have no influence over its policy
on Kosovo. The Russian foreign office spokesman said a solution to
the issue was possible only through dialogue between Belgrade (the
capital of Serbia) and Pristina (the capital of Kosovo). The Russian
envoy to NATO, Dmitry Rogozin, said there was no question of Moscow
accepting the splitting of a country that is a U.N. member. Chechen
rebels are still carrying out hit-and-run attacks in the Caucasus and
have not given up their dreams of secession. Until recently they had
the implicit support of many Western and West Asian countries.
China said it would continue to ~Srespect the sovereignty and
territorial integrity of Serbia~T. Beijing also stressed ~Sthat respect
for sovereignty and territorial integrity is the basic principle of
international law and the basis of today's global legal system~T. The
reaction was an implicit criticism of the ICJ's position on Kosovo's
declaration of independence, an action that provided succour to the
separatists in Tibet and Xingjian.
ALEXA STANKOVIC/AFP
SERBIAN PRESIDENT BORIS Tadic (centre) at an extraordinary Parliament
session on July 26 in Belgrade held in the wake of the ruling by
the ICJ.
New Delhi's response has been low-key, unlike Moscow's and Beijing's,
as it does not want to anger unnecessarily its close strategic ally,
the U.S. The Indian Foreign Ministry spokesman said the government was
studying the ICJ's ruling and there was no change in the government's
position. New Delhi has not recognised Kosovo's unilateral declaration
of independence.
Five E.U. members, which are themselves battling secessionist forces,
have refused to recognise Kosovo's independence. Spain is facing
challenges to its unity in the Basque and Catalan regions. Cyprus has
been unilaterally partitioned, with the Turkish Cypriots claiming
the northern half of the island. Greece, Slovakia and Romania are
also facing challenges from restive minorities.
Important global powers like Russia, China and India fear that the
ICJ's ruling will set up a dangerous precedent. China, for the first
time since the 1960s, made an oral presentation at the ICJ, arguing
against recognition being granted for an independent Kosovo.
The leaders of many breakaway regions in the world view the ICJ's
ruling as a green signal to declare formal independence. In fact,
breakaway regions like Nagorno-Karabakh, an Armenian-dominated
enclave inside Azerbaijan, are preparing to follow suit and declare
independence. The leaders of Abkhazia and Southern Ossetia say the ICJ
ruling has given them also the right to seek self-determination. These
two regions had broken away from Georgia with Moscow's military help.
Kosovo, too, was created by U.S. and NATO troops masquerading as
peacekeepers during the last Balkan war, 11 years ago. After Yugoslavia
was bombed into submission, Kosovo was declared a U.N.
protectorate. In reality, it was a NATO protectorate created on the
basis of the propaganda that the Yugoslav government of Slobodan
Milosevic had perpetrated acts of genocide there.
Responsibility to protect'
The E.U. then put in motion the ~Sprocess of supervised independence~T
for the protectorate. During the conflict in Kosovo, the Canadian
government sponsored an International Commission on Intervention and
State Sovereignty, known as R2P (responsibility to protect). This
doctrine, endorsed wholeheartedly by the West, maintains that if a
state is unwilling or unable to uphold its duty of protection to its
people, then this duty falls upon the international community.
Russia, too, justified its intervention in Abkhazia and Southern
Ossetia in 2008 on the basis of ~Shumanitarian intervention~T to
protect the enclaves from ethnic cleansing by Georgia. Moscow showed
the West that it, too, can play a similar game. The West is using
the R2P rationale to interfere in Darfur and other parts of the world.
LAURA BOUSHNAK/AFP
OSOVAN SERBS IN a cafe in the northern part of the divided Kosovan
town of Mitrovica on August 4. People of this ethnic group consider
themselves victims of injustice.
The ICJ's opinion should be seen in this context. Serbian Foreign
Minister Vuk Jeremic warned recently that there were about 50 Kosovos
waiting to happen on the African continent alone. Pandora's Box has
been well and truly opened.
The ICJ has taken a clear position on the issues of self-determination
and territorial integrity for the first time in more than 40 years.
The ICJ stated that international law recognised ~Sa right to
self-determination for the people of non-self-governing territories~T
and that the ~Sprinciples of territorial integrity applies only to
the sphere of relations between states~T.
Edwin Bakker, an expert on international law at the Netherlands
Institute of International Relations Clingendael, told The Financial
Times that the ruling would strengthen separatists round the globe.
~SCases that have been confronted with very brutal repression may feel
that their chances for an independent state have increased,~T he said.
Bakker also noted that it was for the first time since the break-up
of Pakistan in the early 1970s that a country had become independent
despite strong opposition from the state it was separating from.
Observers are of the view that the strong language in the ICJ ruling
will give additional legal ammunition to separatist and independence
movements. The ruling is sure to provide a fillip to long-running
struggles, such as the one in Western Sahara, which the African Union
views as an unfinished agenda of the decolonisation struggle. The
other gainers will no doubt be groups whose struggles for independence
have been given the status of ~Sinternational dispute~T. Already some
Western commentators have drawn parallels between Kashmir and Kosovo.
Edwin Bakker said the cases comparable to Kosovo were the conflicts
in Myanmar (Karen, Shan), Iraq (Kurdistan) and India (Kashmir).
From: A. Papazian
JOHN CHERIAN
Frontline
http://www.frontline.in/stories/20100910271806100.htm
Aug 24 2010
The international court has set a dangerous precedent in opining that
Kosovo's declaration of independence did not violate international law.
THE advisory opinion of the International Court of Justice (ICJ),
given on July 22, endorsing the ~Sindependence~T of Kosovo has come
as a shock not only to Serbia but also to a host of countries around
the world battling secessionist and divisive forces. The learned
judges of the court ruled in a 10-4 decision that the unilateral
declaration of independence by Kosovo in February 2008 was valid
under international law.
The ICJ, however, clarified that its ruling pertained only to Kosovo's
declaration of independence, not to its status as an independent
state. Hisashi Owada, the head of the ICJ, said international law
contained ~Sno prohibitions on the declaration of independence~T
and, therefore, Kosovo's declaration of independence did not violate
international law. Serbia had asked the ICJ, through the auspices
of the United Nations General Assembly, to rule on the legality of
Kosovo's action.
The advisory opinion of the ICJ was immediately welcomed in
many Western capitals, especially Washington, London, Paris and
Berlin. The governments there had played an important role in the
break-up of Yugoslavia. Kosovo hosts one of the biggest bases of the
North Atlantic Treaty Organisation (NATO) in the region.
The United States State Department spokesman was quick to endorse
the ICJ's verdict, and Secretary of State Hillary Clinton called on
the international community ~Sto move beyond the issue of Kosovo's
status~T and recognise its statehood. Currently, 69 countries have
extended recognition to Kosovo. The ICJ's landmark ruling could help
Kosovo cross the magic figure of 100, which would then let it qualify
for formal U.N. membership. Kosovo's Prime Minister, Fatmir Sejdiu,
said the ICJ's decision ~Sfinally removes all doubts that countries
that don't recognise Kosovo still have~T.
Serbian President Boris Tadic said his country would never accept
the non-binding verdict of the ICJ. He said the ICJ opinion
was ~Sdifficult~T and Serbia would ~Snever accept the unilateral
declaration of independence by Kosovo~T. Most Serbs consider Kosovo
their spiritual heartland. The Serb minority in Kosovo has virtually
established an autonomous enclave in the tiny breakaway country. The
ICJ's decision may embolden Kosovo to use military means to establish
control over the Serb minority in the north. There have already been
clashes there.
The Serbs have stocked up on weapons to prepare for any eventuality.
Serbia has offered ~Senhanced autonomy~T, bordering on virtual
independence, to Kosovo and wants the U.N. General Assembly to vote
on the issue when it meets in September. Serbia had argued in the ICJ
that Kosovo's declaration of independence challenged its sovereignty
and undermined international law.
The United States and the major powers in the European Union seem to be
confident that Serbia's desire to join the E.U. will eventually make
it accept the reality of an independent Kosovo. The Serbian President
has said that a confrontation with the West on the issue will be
counterproductive for the country's plans to integrate with the E.U.
Russia for dialogue
Russia said the ICJ's decision would have no influence over its policy
on Kosovo. The Russian foreign office spokesman said a solution to
the issue was possible only through dialogue between Belgrade (the
capital of Serbia) and Pristina (the capital of Kosovo). The Russian
envoy to NATO, Dmitry Rogozin, said there was no question of Moscow
accepting the splitting of a country that is a U.N. member. Chechen
rebels are still carrying out hit-and-run attacks in the Caucasus and
have not given up their dreams of secession. Until recently they had
the implicit support of many Western and West Asian countries.
China said it would continue to ~Srespect the sovereignty and
territorial integrity of Serbia~T. Beijing also stressed ~Sthat respect
for sovereignty and territorial integrity is the basic principle of
international law and the basis of today's global legal system~T. The
reaction was an implicit criticism of the ICJ's position on Kosovo's
declaration of independence, an action that provided succour to the
separatists in Tibet and Xingjian.
ALEXA STANKOVIC/AFP
SERBIAN PRESIDENT BORIS Tadic (centre) at an extraordinary Parliament
session on July 26 in Belgrade held in the wake of the ruling by
the ICJ.
New Delhi's response has been low-key, unlike Moscow's and Beijing's,
as it does not want to anger unnecessarily its close strategic ally,
the U.S. The Indian Foreign Ministry spokesman said the government was
studying the ICJ's ruling and there was no change in the government's
position. New Delhi has not recognised Kosovo's unilateral declaration
of independence.
Five E.U. members, which are themselves battling secessionist forces,
have refused to recognise Kosovo's independence. Spain is facing
challenges to its unity in the Basque and Catalan regions. Cyprus has
been unilaterally partitioned, with the Turkish Cypriots claiming
the northern half of the island. Greece, Slovakia and Romania are
also facing challenges from restive minorities.
Important global powers like Russia, China and India fear that the
ICJ's ruling will set up a dangerous precedent. China, for the first
time since the 1960s, made an oral presentation at the ICJ, arguing
against recognition being granted for an independent Kosovo.
The leaders of many breakaway regions in the world view the ICJ's
ruling as a green signal to declare formal independence. In fact,
breakaway regions like Nagorno-Karabakh, an Armenian-dominated
enclave inside Azerbaijan, are preparing to follow suit and declare
independence. The leaders of Abkhazia and Southern Ossetia say the ICJ
ruling has given them also the right to seek self-determination. These
two regions had broken away from Georgia with Moscow's military help.
Kosovo, too, was created by U.S. and NATO troops masquerading as
peacekeepers during the last Balkan war, 11 years ago. After Yugoslavia
was bombed into submission, Kosovo was declared a U.N.
protectorate. In reality, it was a NATO protectorate created on the
basis of the propaganda that the Yugoslav government of Slobodan
Milosevic had perpetrated acts of genocide there.
Responsibility to protect'
The E.U. then put in motion the ~Sprocess of supervised independence~T
for the protectorate. During the conflict in Kosovo, the Canadian
government sponsored an International Commission on Intervention and
State Sovereignty, known as R2P (responsibility to protect). This
doctrine, endorsed wholeheartedly by the West, maintains that if a
state is unwilling or unable to uphold its duty of protection to its
people, then this duty falls upon the international community.
Russia, too, justified its intervention in Abkhazia and Southern
Ossetia in 2008 on the basis of ~Shumanitarian intervention~T to
protect the enclaves from ethnic cleansing by Georgia. Moscow showed
the West that it, too, can play a similar game. The West is using
the R2P rationale to interfere in Darfur and other parts of the world.
LAURA BOUSHNAK/AFP
OSOVAN SERBS IN a cafe in the northern part of the divided Kosovan
town of Mitrovica on August 4. People of this ethnic group consider
themselves victims of injustice.
The ICJ's opinion should be seen in this context. Serbian Foreign
Minister Vuk Jeremic warned recently that there were about 50 Kosovos
waiting to happen on the African continent alone. Pandora's Box has
been well and truly opened.
The ICJ has taken a clear position on the issues of self-determination
and territorial integrity for the first time in more than 40 years.
The ICJ stated that international law recognised ~Sa right to
self-determination for the people of non-self-governing territories~T
and that the ~Sprinciples of territorial integrity applies only to
the sphere of relations between states~T.
Edwin Bakker, an expert on international law at the Netherlands
Institute of International Relations Clingendael, told The Financial
Times that the ruling would strengthen separatists round the globe.
~SCases that have been confronted with very brutal repression may feel
that their chances for an independent state have increased,~T he said.
Bakker also noted that it was for the first time since the break-up
of Pakistan in the early 1970s that a country had become independent
despite strong opposition from the state it was separating from.
Observers are of the view that the strong language in the ICJ ruling
will give additional legal ammunition to separatist and independence
movements. The ruling is sure to provide a fillip to long-running
struggles, such as the one in Western Sahara, which the African Union
views as an unfinished agenda of the decolonisation struggle. The
other gainers will no doubt be groups whose struggles for independence
have been given the status of ~Sinternational dispute~T. Already some
Western commentators have drawn parallels between Kashmir and Kosovo.
Edwin Bakker said the cases comparable to Kosovo were the conflicts
in Myanmar (Karen, Shan), Iraq (Kurdistan) and India (Kashmir).
From: A. Papazian