This article has been written by Advitya Ahlawat, a 2nd Year Student of School of Law, Christ University, Bangalore.
Abstract: This article explores the United Nations Security Council’s pivotal role in the resolution of the Kosovo Conflict, focusing on the administration of the region and its implications for statehood. Against the backdrop of Yugoslavia’s disintegration, ethnic tensions in Kosovo led to international intervention. Analysing UN Security Council Resolution 1244 and the subsequent establishment of the United Nations Interim Administration Mission in Kosovo (UNMIK), this article delves into the 2010 ICJ’s Judgement, profound impact on the concept of statehood and the biggest controversy during the FIFA World Cup 2018.
Keywords: Kosovo Conflict, UN Security Council, Resolution 1244, UNMIK, Statehood, ICJ, FIFA World Cup
Introduction:
Kosovo is one of the Youngest Countries in the world who gained its independence on 17th February 2008. The nation is ideally situated in the middle of the Balkan Peninsula, bordered to the west by Montenegro, to the north and east by Serbia, to the southeast by North Macedonia, and to the southwest by Albania. The story of Kosovo’s history shows how it has endured over many eras, from colonization by the formerly Serbian state to Ottoman Empire authority. It was a part of the Socialist Federal Republic of Yugoslavia more recently. Southeast European nation known as the Socialist Federal Republic of Yugoslavia (SFRY) existed from the end of World War II until its disintegration in the early 1990s.
Once it was created in 1945, Yugoslavia was a socialist federation that included two autonomous provinces within Serbia, Vojvodina and Kosovo, as well as six republics: Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia, and Slovenia. The Socialist Federal Republic of Yugoslavia started to fall apart owing to unresolved difficulties after a period of political and economic unrest in the 1980s, which resulted in a string of interethnic Yugoslav Wars. After the Second World War, six republics and two autonomous provinces inside Serbia formed Yugoslavia. Under Josip Broz Tito’s direction, the federal system remained largely stable until the 1980s.
The federal government’s ability to handle escalating political and economic issues was reduced by Tito’s death in 1980. Tensions between Albanians in Kosovo and Kosovo Serbs intensified during the 1980s as the former wanted more autonomy. Later on, Ibrahim Rugova, the chief of Kosovo’s ethnic Albanian community, started a nonviolent demonstration in 1989 in opposition to Slobodan Milošević’s revocation of the province’s constitutional autonomy. The war had deep origins, since Milošević and the Serbian minority in Kosovo objected to Muslim Albanians ruling over a historically significant area that was sacred to Serbs.
The international community’s inactivity, which backed Rugova’s extreme opponents who called for a change from nonviolent means, increased tensions. The Kosovo Liberation Army (KLA) first appeared in 1996 and during the following two years increased the intensity of its operations on Serbian soldiers. The KLA’s activities by 1998 amounted to a substantial armed insurrection. As a result, in an attempt to retake control, Serbian police and eventually the Yugoslavia military forces committed atrocities and released a wave of refugees that caught the attention of the world press.
The Contact Group urged a cease-fire, the withdrawal of Yugoslav forces, the return of refugees, and access for international monitoring. The group’s members included the United States, Great Britain, Germany, France, Italy, and Russia. While Milošević acceded to most demands, there were problems with implementation. The KLA reorganized during a cease-fire and resumed its attacks. Yugoslavia soldiers responded by launching a vicious counteroffensive and carrying out ethnic cleansing. Violence continued even after the UN Security Council denounced the use of excessive force and imposed a weapons embargo.
As tensions and violence in Kosovo increased, NATO launched airstrikes on Serbian military facilities in March 1999. In response, ethnic Albanians in Kosovo were forcibly expelled by Yugoslavia and Serbian forces, forcing hundreds of thousands of them to flee to nearby nations like Albania, Macedonia (now North Macedonia), and Montenegro. Initially concentrating on military targets, the 11-week NATO bombing campaign eventually reached Belgrade, the country’s capital, seriously damaging Serbia’s infrastructure. A peace agreement was struck between NATO and Yugoslavia in June of that year.
The parameters of the deal included the evacuation of around a million ethnic Albanians from Kosovo and the safe repatriation of another 500,000 who had been internally displaced within the province. A pivotal point in international efforts to address humanitarian crises and conflicts was marked by this conflict and the peace accord that followed. It demonstrated the intricate interactions between military intervention, diplomatic negotiations, and the necessity of ensuring the rights and well-being of displaced populations. The incidents brought to light the difficulties in striking a balance between the need for peace and stability and the use of force following military wars.
Role of The Security Council:
The Security Council consists of 5 permanent members and 10 non-permanent members. The permanent members are Republic of China, France, Russia, United Kingdom of Great Britain and Northern Ireland and finally USA. The Security council has various powers as mentioned in Article 24 of the United Nations Charter where its main job is to maintain peace and security worldwide. The Security Council is Accountable to the General Assembly as it has to give out various reports on their day-to-day activities. Article 26 of the United Charter talks about creating and maintaining peace and security while minimizing the use of the world’s resources for weapons.
Their main aim is to conserve and preserve the world’s resources and prevent countries to not use these resources just for creating weapons for themselves. Article 47 of the United Charter talks about the collaboration of Security Council and Military Staff committee. The United Nations Security Council’s organizational structure is described in Article 28, which highlights the council’s ongoing operation and the presence of a representative from each member state at UN headquarters. The Council has the authority to hold meetings outside of UN headquarters and meets on a regular basis.
Members may be represented by elected officials or other specifically designated representatives. Article 29 gives the Security Council the right to create auxiliary bodies as needed to carry out its duties, while Article 30 gives the Council the authority to create its own procedural norms, including how its President would be chosen. Without having the ability to vote, Article 31 permits non-member UN nations to take part in talks about certain matters if they have a substantial impact on their interests. In conclusion, Article 32 allows non-member states of the United Nations engaged in a dispute that is being reviewed by the Security Council to engage in dialogue, provided that the Council establishes guidelines to guarantee fair and equal participation in the negotiations.
1244 Resolution and UNMIK:
The UN Security Council resolved to address the dire humanitarian situation in Kosovo, Federal Republic of Yugoslavia, at its 4011th meeting on June 10, 1999. The broad concepts outlined in Annex 1 and further developed in Annex 2 serve as the foundation for this resolution. They emphasize the need for an immediate end to violence, the withdrawal of armed troops, and the establishment of strong international civic and security presences. It specifies the duties of the international security presence, such as preventing hostilities, upholding a ceasefire, and guaranteeing the safe return of refugees, and it calls for the Federal Republic of Yugoslavia’s complete participation in putting these principles into practice.
It also approves the creation of an UN-sponsored temporary government in Kosovo, tasked with enforcing elections, fostering autonomy, and assisting with economic restoration. The resolution requests the assistance of all states in the area and highlights the necessity of coordinated humanitarian support. The original 12-month term of the international civil and security presences is subject to review, and they are expected to report regularly to the Council. The resolution emphasizes the continued UN participation in the Kosovo situation and continues to be actively seized of the issue. The annexes, which address topics such military operations, refugee repatriation, and economic development, offer particular information on the tenets and necessary components for resolving the problem.
Serbia had acquired Kosovo and inflicted violence upon many citizens. Violence continued even after the UN Security Council denounced the use of excessive force and imposed a weapons embargo. When the situation went out of control, NATO decided to take matters into its own hands and started Airstrikes on Serbian Militants. After the Kosovo War, which brought an end to the fighting in Kosovo and the withdrawal of Serbian forces, UNMIK was founded in 1999. While Kosovo’s final status was being determined, the mission’s objective was to give it administrative support and interim governance.
ICJ’s Judgement:
The validity of Kosovo’s unilateral declaration of independence in 2008, which triggered a dispute between Serbia and the newly established Republic of Kosovo, was examined in the International Court of Justice’s (ICJ) July 22, 2010 Advisory Opinion on the Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. By a majority vote of 10 to 4, the International Court of Justice (ICJ) determined that the declaration of independence did not contravene general international law because there is no express ban on making such declarations.
Additionally, the court decided that the proclamation did not violate UN Security Council Resolution 1244, which established Kosovo’s interim government but did not specify the country’s ultimate status. The idea that declarations of independence are not illegal under international law in and of themselves was upheld by the ICJ’s rulings. Different countries responded to the decision in different ways. While those who did not recognize Kosovo voiced concerns about possible precedents supporting secession in other regions, those who did recognize Kosovo praised it as exceptional and did not set any precedents. Crucially, governments were left with the political option to decide whether or not to acknowledge Kosovo’s independence as a result of the ICJ’s advisory ruling.
FIFA World Cup Controversy:
After the ICJ’s ruling in 2010, 8 years later a huge incident happened at the FIFA World Cup 2018 which was held at Russia. Serbia was up against Switzerland in what was a Group Stage game. Initially Serbia was leading by 1 goal to nil later on Switzerland came back by scoring two cracking goals to win that game 2-1 in Russia. The main issue that actually caught the world’s Eyes was Two Swiss Players Granit Xhaka and Xherdan Shaqiri who had scored in that game had celebrated with their hands wrapped around forming a double headed Eagle sign which was similar to what is in the logo of the Albanian National Flag.
The gestures ran the risk of escalating political hostilities between ethnic Albanians and Serbian nationalists in the Balkans. Xherdan Shaqiri was born in Kosovo and raised in Switzerland who played that game with a Kosovo flag logo on one boot and a Swiss logo on his other boot. Whereas Granit Xhaka’s parents are of Albanian descent and are from Kosovo. The brother Taulant of the Arsenal midfielder represents Albania’s national team, while the father of the player was beaten and imprisoned in the old Yugoslavia for advocating for Kosovan independence.
Later on, there was investigation regarding those political gestures by Xhaka and Shaqiri. Both of these players have their roots in Albania and The Celebrations were purely based on Emotions which they claimed in the post-match Interview. Those goals and the victory not only marked Switzerland’s win over Serbia but Albania’s win too.
Statehood and Recognition (Conclusion):
There has been a huge question mark on the Statehood of Kosovo in the International Forum. Some Argue that It does not get the recognition it deserves while some don’t identify Kosovo as a separate entity. Serbia being the obvious one who doesn’t recognise Kosovo’s Statehood followed up by China, Russia, Cyprus, Spain, Romania, Slovakia and Greece. Article 1 of the Montevideo Conventions on the Rights and Duties of State mentions that a country can only be recognized as a legal entity in the International Forum if it has a Permanent Population, Defined Territory, A government and if that particular state has the capacity to enter into relations with other states.
Kosovo’s stance regarding population and defined territory has been very subjective because there are still refugees who exist in Kosovo or have fled to Northern Albania or Montenegro. On the other side Kosovo have indulged in various Trade agreements or treaties with various countries. In addition to having negotiated free trade agreements (FTAs) with Albania, Macedonia, Croatia, Bosnia-Herzegovina, and Turkey, Kosovo is a member of the Central European Free Trade Agreement (CEFTA). In April 2016, the Stabilization and Association Agreement—which sought to liberalize trade with the EU—came into effect.
Furthermore, Kosovo has double taxation agreements with the UK, the United Arab Emirates, Slovenia, Macedonia, Albania, Austria, and Turkey. The former Yugoslavia’s treaties with Hungary, the Netherlands, Germany, Finland, and Belgium still hold true for Kosovo. Kosovo is a party to both the Southeastern Europe Energy Community Treaty’s Athens Process on Energy and the European Common Aviation Area. It doesn’t end here, there are almost 113 countries that recognize Kosovo as an Independent Country. Australia, Canada, France, Germany, Italy, Japan, Saudi Arabia, South Korea, Turkey, the United Kingdom, and the United States are the eleven G20 nations that have recognized Kosovo as an independent state, including all seven G7 nations and 3 out of 5 Veto Countries.
Kosovo as a Country have progressed really well that too considering they got independence 15 years ago is what makes it more impressive yet Kosovo is situated in the centre of nations and territories that have only limited UN recognition. They don’t get the recognition they deserve and are often underrated in the International Forum. Despite all this If Serbia still creates chaos and don’t recognize Kosovo’s Statehood, there shouldn’t be any problem in Xhaka and Shaqiri’s celebration which was purely emotion based but still considering the oppression caused by Serbia on Kosovo and the ethnic Albanians those goals were more than goals to them and the people they represent. It marked a Moral Victory for all the Albanians and people of Kosovo.
This article was originally written by The Editors of Encyclopaedia Britannica published on Britannica website. https://www.britannica.com/event/Kosovo-conflict
This article was published on UN Charter Website. https://www.un.org/en/about-us/un-charter
This article was published on United Nations Mission in Kosovo website. https://unmik.unmissions.org/
This article was published on Relief Web website. https://reliefweb.int/organization/unmik
This article was originally written by The Faculty of Law published on University of Oslo website. https://www.jus.uio.no/english/services/library/treaties/01/1-02/rights-duties-states.html
This article was published on Privacy Shield Framework website. https://www.privacyshield.gov/ps/article?id=Kosovo-Trade-Agreements#:~:text=Kosovo%20is%20a%20member%20of,Bosnia%2DHerzegovina%2C%20and%20Turkey.
This article was originally written by Katharina Buchholz a Data Journalist on Statista Website. https://www.statista.com/chart/29371/un-partial-recognitions/#:~:text=At%20very%20roughly%20100%20recognitions,partial%20recognition%20in%20the%20UN.
This Article was Originally Written by Sid Lowe on The Guardian Website. https://www.theguardian.com/football/2018/jun/23/xhaka-and-shaqiri-goal-celebrations-bring-balkan-politics-to-world-cup