What is the conflict between Kosovo and Serbia about?
On February 17th 2008 Kosovo declared its independence, and that it was the 7th state to emerge from the former Yugoslavia. Previously Kosovo was a province within Yugoslavia, and later Serbia, rather than a republic like Serbia or Montenegro who had a right to independence. Serbia considers this illegal and doesn’t recognize Kosovo as an independent country. The ethnic Albanian majority in Kosovo (90%) has long demanded independence, attempting to declare it in 1990 but received no international recognition.
Two years of talks finally concluded in November 2006 because Kosovo was convinced that with the support of the US and many EU member states they could gain international recognition and support. They rejected a number of models from Serbia ceding extensive autonomy to Kosovo, relying on US, British and French guarantees.
Serbia’s main concern is the remaining Serbs in Kosovo, although in the past year there has been little violence towards them.
How has Kosovo justified their claim to independence?
Kosovo’s main claim to independence is based on the persecution within Serbia of the Albanian Muslims, particularly between 1998-1999. They have defended their independence through the internationally recognized principle of self-determination to ethnic groups. However, Serbia claims that the right of sovereign integrity is considered above self-determination, and has always prevailed.
The terms of Kosovo’s declaration prohibits it from uniting with any other country, allows for only a limited military and ensures international supervision (under the UN) and protection of ethnic minorities.
UN Security Council resolution 1244 states that Kosovo is part of Yugoslavia, to which Serbia is the legal successor state; therefore the declaration of independence without support from Serbia is technically illegal.
What has been Serbia’s response?
Serbia does not recognize Kosovo as a country because they believe it to be illegal according to international law. Various members of the Serbian government, including the Prime Minister have said that a democratic Serbia will never recognize Kosovo. Serbia also believes that acceptance of Kosovo’s attempt to breakaway will set a dangerous precedent for other ethnic groups to breakaway, for example Chechnya. Motivated in part by their deep desire to join the EU, Serbia has so far resisted any retaliation that involves the military or economic sanctions. The UN General Assembly supported Serbia’s request for an advisory opinion from the International Court of Justice and are waiting for the outcome of this panel, expected in the next year. Serbia is confident the court will rule in their favour that the unilateral declaration of independence was illegal.
Serbia has also downgraded their diplomatic missions with any countries that have recognized Kosovo.
What has been the response of the international community to the declaration of independence?
54 out of the 192 UN member states currently recognize Kosovo as a county, as well as Taiwan. Most EU countries recognize Kosovo with the exception of Spain, Greece, Romania, Slovakia. However, the EU as a body can’t recognize any state without unanimity from all 27 member states, which so far it doesn’t have.
Earlier this year the European Parliament passed a motion urging all members states to recognize the Republic of Kosovo. Russia, due to its close links with Serbia, refuses to recognize Kosovo and has blocked its admittance to the UN. Numerous other countries have also refused to recognize Kosovo due to concerns within their borders over other secessionist movements.
Both the World Bank and IMF are providing assistance to Kosovo and membership arrangements for Kosovo are currently proceeding.
What are the prospects for the future?
The International Court of Justice should come back with a ruling on the legality of Kosovo’s unilateral declaration of independence within the next year. Serbia believes that this will be in their favour. Following the result of the ICJ ruling, Serbia has declared that they are committed to bi-lateral talks and have said that all options are open. They have previously shown that they are willing to give Kosovo a high level of autonomy if they remain a province within Serbia, although the support from the US, Britain and other countries for independence will mean that returning Kosovo to Serbia is problematic.
