An issue that loomed
large throughout this six part investigation is how important an historical
consciousness, and the knowledge thereof is not only on the case of Belgium
but other examples also as was evident when we investigate how Yugoslavia
was replaced with five independent countries; Slovenia, Croatia, Bosnia and
Herzegovina, Serbia and Montenegro and Macedonia thus far. And second, that the
recognition of modern new states in Europe from Belgium all the way to the
break-up of Yugoslavia, except for Montevideo, has been thwarted by the actions
and decisions of powerful nations while basing their decisions on their
political interests, historical ties and economic sphere of influence. The
available evidence, made us furthermore conclude in P.6 that so long as this
practice is accepted, there will be no uniform standards, and that efforts
towards cooperation will be perceived with skepticism and doubt, most likely
resulting in failure. And a third issue of course was whether the dissolution
of Yugoslavia was inevitable and a result of the drive of its republics for
independence or, whether their independence resulted from already weakened
Yugoslavia which presented an opportune moment for republics to secede and seek
independence. In fact as soon became evident, Yugoslavia was indeed a text book
example of a state that has lost its ideological purpose and was faced with
failed mechanisms for state control and equal distribution of wealth among
different republics.
Poor economic
conditions and large debt of the country only aided the dissatisfaction of its
population. An environment that added to a fertile ground for the rise of
nationalistic forces, which led by strong nationalistic leaders with separatist
agendas, brought Yugoslavia to its end. In this context as we have seen,
Slobodan Milosevic in Serbia and Franjo Tudjman in Croatia as we have seen,
were two key factors that brought about the break-up of Yugoslavia. In fact,
the events which took place and the process that unfolded clearly attest that
the break-up was not inevitable or preordained. Yugoslavia was not · doomed to
fail' after Tito' s death. There was no grand universal scheme either by the
international community or by different ethnic groups to destroy a unified
country. Rather its dissolution was a result of very complex circumstances
which involved poor economic conditions which gave rise to black market across
the country, unequal distribution of wealth among republics and autonomous
provinces, nationalistic forces characteristic of both Milosevic's and
Tudjman's politics, inadequate and inconsistent response of the international
community which was caught by surprise by the crisis.
In the Belgian case,
it was apparent from the process of its secession from the Kingdom of
Netherlands and the process of its recognition by the Great Powers of Europe,
that its quest and desire for recognition was defined and formulated during the
process rather than prior to the start of hostilities. Belgium was united with
the Netherlands by the Great Powers, with the purpose of providing a buffer
against the French expansion. And it was only after France threatened to
intervene that the Powers took the matter into their own hands. Realizing that
they could use the opportunity provided by high level of tensions between the
Powers, Belgians were quick to form their own provisional government and
declare independence. And with their main priority being maintenance of peace
and security in Europe, the Powers were focused on securing their aims rather
than ensuring the desires of Belgium were met. There were numerous problems
that needed to be resolved some of which involved issues related to the
question of boundaries, the division of the national debt, the navigation of
the rivers and canals, the form of government for Belgium. Even though most of
the powers such as Russia, Austria and Prussia were opposed to Belgian
independence, it was the fact that the British and French supported it which
brought a reversal in the decision of Belgium' s recognition.
Belgium as part of
the Kingdom of Netherlands and Belgium as a neutral country however, had only
one purpose in the eyes of the great powers which was the preservation of peace
in Europe and maintenance of the balance of power. Neutrality gave the great powers
the assurance that Belgium after its recognition would continue to serve its
pre-recognition purpose of being a buffer state. In the Belgian case thus,
recognition was a question of necessity in order to preserve status quo within
Europe. The fact that the Netherlands was not happy with the decision of the
Great Powers and that it refused to recognize Belgium had no influence on the
decision to extend recognition to Belgium. Therefore their recognition of
Belgium without having prior consent of the mother state was a form of
intervention.
Our investigations of
Slovenia, Croatia and Bosnia, had a task of examining the historical tendencies
towards statehood of each entity. We traced the development of Slovenian and
Croatian states from the time the first populations inhabited their territory
until they gained recognition in 1992. There have been numerous debates
regarding whether the creation of Slovenia, Croatia and Bosnia and their quest
for statehood and recognition was a long dreamed up historical goal or whether
it was a recent development utilized as a political tool of extreme
nationalists. The purpose of our historical analysis in the latter case was to
evaluate the extent to which historical grievances and memories (as would be
the case if Belgium where to break up) play a role in people's (ethnic group's)
attempts towards self-determination, secession and independence. In addition,
we examined whether historic claims to statehood and the process according to
which these states were created is a part of there
cognition criteria or decision-making of states when granting recognition.
More particularly,
the Sloven research showed that it had existed within its borders and with its
current population before, which helped Slovenes develop their uniqueness
evident in its language, customs and culture. Foremost, Slovenes also had
established affiliation with Austria, Italy and Germany and developed a strong
economy and legal system compatible with those of the western countries. The
Slovenian elite, as our research pointed out, played a prominent role in
developing this feeling of superiority and separateness from other
nationalities. The fact that most of the population in this republic was
comprised of Slovenes only strengthened their unity. The decision to declare
independence came after the government of Slovenia realized that Serbia headed
by nationalistic Milosevic posed a threat to security to its population. The
events which took place in Kosovo including ethnic violence between the Serbs
and Albanians sent signals to the Slovenes that they may be the next target and
that they would soon lose their freedom as an independent republic. Even though
no republic expressed a desire for the dissolution of Yugoslavia and unity was
still on everyone's agendas, the Slovene leadership reached the point where
they perceived themselves in a stalemate and the only way out of it was by
separating from Yugoslavia and the leadership in Belgrade. The Slovenians saw
this as an opportune moment to appeal for recognition. Their first step was to
turn to the international community and obtain their approval. It was only
after Slovenia felt secure that it will receive the support of the rest of
Europe that it proceeded to declare independence. Slovenia used the security
argument as its tool to obtain backing of European countries and make a case
for independence. It also presented itself as an emerging democracy fighting
for independence from the old ideologies propagated by Belgrade. The fact that
the republic was comprised mostly of ethnic Slovenes and that it had no other
minorities, made Slovenia's independence rather smooth. Even though there is no
evidence in the guidelines for recognition regarding the requirement for the
population occupying its territory for a specific period of time, the fact that
the Slovenes have lived on its territory for a long period of its history
played a role in the international community justifying its recognition. A very
important component was that this element supported the EC requirement that
there should be no change in borders.
With respect to
Croatia, our research revealed that an historical counsciousness
was even stronger. Croatia has historically encompassed Bosnia and Herzegovina
both in the 10th century and during the Second World War. However, the state
that was formed during the latter period was run by Ustashas
and supported by the Nazi Germany. It was an illegitimate state that was never
recognized by the international community. There was never a referendum held to
determine whether its population supported the state. Even though the legality
and legitimacy of this state is subject to debate, the fact that Croatian state
did exist indeed influenced the thinking of Croatians in modern times.
Historical facts cannot be altered; they can be manipulated and constructed to create
new realities. History constructed by the Croatian leadership headed by a
nationalist Franjo Tudjman presented a potent and mobilizing force. The role of
the leadership was to remind the population of their forefathers, their
struggles towards Croatian independence and put it in the context of current
events and their policy goals. Erecting old Ustasha
insignia, songs and rhetoric served a clear purpose of both awakening and
creating nationalistic feelings among Croatian population while aggravating and
alienating the Serb population in the region.
It is apparent from
the analyses we of Slovenia and Croatia that even though they were increasingly
dissatisfied with the situation in Yugoslavia, neither republic automatically
demanded independence. For both the proclamation of independence was a result
of a number of factors including nationalistic pro-Serb leadership of the
Belgrade government, deteriorating economic situation in the country and the
feeling among them that there was an unequal distribution of wealth in the
country as well as unfair distribution of responsibility for paying
Yugoslavia's debt. The situation became rather precarious after the government
in Serbia refused to allow a Croat, Stipe Mesic to take over his turn in the
rotating Yugoslav Presidency. Both governments in Ljubljana and Zagreb feared
that they will object to Milosevic's oppressive and discriminating regime and
that their status as independent republics was in jeopardy. The main difference
between the Slovene and Croatian perception of the situation was in the fact that
once it became obvious that Yugoslavia would not survive the crisis, Slovenia
wanted independence while Croatia, next to its independence, wanted to pursue
its expansionist goals and incorporate parts of Bosnia into its territory. For
both however, independence meant preservation of their own culture, uniqueness
and freedom to develop independently of the Serbian influences. In order to
answer the previous question of why certain countries are recognized, from our
research it is clear that in the aftermath of the Montevisdeo
Confernce the international community does award
recognition to the entities whose claim to statehood appears legitimate. Both
Slovenia and Croatia have established that case for themselves. Slovenia has
developed independently within Yugoslavia and once the country dissolved,
Slovenia wanted to develop both politically and economically independently of
the rest of the Yugoslav republics. With respect to Croatia, its argument was
based on a demonstration of a historic effort to achieve independence. The
instances in which Croatia had independence, irrespective of how illegitimate
the state may have been, clearly showed a genuine desire of the Croatian
population to become a separate country and have a government that operated
independently of Belgrade. Hence, in the cases of Slovenia and Croatia, the
international community perceived the situation of that of legitimate claim to
the right of statehood based either on the genuine desire for separateness as
was the case with Slovenia and strong historic attempts towards independence in
the case of Croatia.
Bosnia and
Herzegovina stands as a rather unique case. This republic has had a history of
foreign conquests of its territory, the most significant one being that by the
Ottoman Empire. The most prominent nationalistic figure that supported and
propagated the creation of a Muslim state in his writings was Alija
Izetbegovic. The Muslims of Bosnia and Herzegovina have over the years been
rather concerned about preserving their rights to practice their religion and
maintain their culture alive. Realizing that both Slovenia and Croatia were to
become independent, Izetbegovic feared the governments in Belgrade and Zagreb
and did not want Bosnia and Herzegovina to become a part of "Greater
Serbia" nor "Greater Croatia". His main fear was shared with
Muslims, as they did not know what kind of future would await them under the
Belgrade regime and whether they would be allowed to exercise their religion
and maintain their culture and rights. This is the main reason behind their
decision to opt for independence. For Bosnia, recognition was in a sense a way
to escape being divided between Serbia and Croatia.
Realizing that the
existence of a Muslim entity, in case Herzeg-Bosna and Republica Srpska joined
Croatia and Serbia proper, was unrealistic and would not be permitted by the
international community, Izetbegovic supported unified Bosnia within its existing
borders. Hence with respect to Bosnia and Herzegovina, recognition was
perceived as a necessity. There was a common belief that by recognition Bosnia
and Herzegovina, both Serbia and Croatia would have to cease claims to Bosnian
territory. It was a decision that was implemented more due to international
security reasons than Bosnian desire for independence. At times, as was the
case with Bosnia, developments on the ground may dictate the aspirations of an
entity. Faced with expansionist Croatia on the one side and expansionist Serbia
on the other, Izetbegovic was only left with the choice of seeking independence
in order to preserve the Muslim culture and the existing borders of Bosnia.
The international
community imposed a very important guideline with respect to recognition which
pertained to the borders which were required to be maintained. Since all three
entities under the old Yugoslavia had their borders already established, the international
community supported 'no change of borders' policy. With respect to Bosnia and
Herzegovina, the international community also wanted to preserve its unity as
the best solution to preventing expansionist politics of Belgrade and Zagreb.
Hence, in this case of state entities it was political interests of the
international community rather than the self-determination principle of Serbs
and Croats of Bosnia that prevailed and determined the future of Bosnia and
Herzegovina.
The news of
recognition of Bosnia and Herzegovina was simultaneously announcement of the
beginning of the civil war in Bosnia. Analogous to the refusal of the Muslims
to be subjected to the government in Belgrade, the Croats and Serbs of Bosnia
and Herzegovina pledged their allegiance to their respective countries.
Historically, both the Serbs and Croats have looked down upon the Muslims and
neither ethnic group would have ever acquiesced to completely giving up their
ties to Belgrade and Zagreb and belonging to a Muslim government. This is why
both ethnic groups opted to create their own entities within Bosnia and
Herzegovina and declare independence. What took place in this state with
respect to ethnic cleansing and the war itself had nothing to do with historic
hatred between the three ethnicities or the hot-blooded mentality of the Serbs
or Croats. It was a result of a desire to acquire new territories and claim
what both Serbs and Croats felt was their historic right to land. Both Serbs
and Croats created their own states forming an independent government,
permanent population with their ethnic groups forming majorities, declaring
clear territorial boundaries and establishing politically and financially
strong relationships with Serbia and Croatia respectively.
The treatment of the
two independent entities within Bosnia and Herzegovina by the international
community was vastly different. Even though both entities exhibited very
similar characteristics only the Serb entity was acknowledged. Herzeg-Bosna was
forced to join the Muslim entity. The international community imposed a joint
agreement and an ultimatum was delivered to Franjo Tudjman that if he did not
support the Federation and there was no cease-fire, there would be sanctions
imposed against Croatia and it would be isolated from the international
community. Even though the international community prided itself on the
achieved peace and an agreement the Federation is a fictional entity. In
reality the Croats and Muslims are divided and remain so to this day.
Mostar is a divided
city separated by a Boulevard as a divider between two ethnicities that refuse
to be united. An agreement which was forced upon the Muslims and Croatians
living in Bosnia and Herzegovina, a decade later remains just a fictional
agreement. On the ground, Bosnia and Herzegovina remains divided into three
entities Republika Srpska, Herzeg-Bosna and the
Muslim entity.
The analysis of
parastatal entities has provided us with many revealing aspects of recognition.
With respect to Herzeg-Bosna we have learned that an entity can exist and as a
(para)state or a state within a state, without being acknowledged by the international
community. Herzeg-Bosna has all the attributes of an independent entity. The
fact that it has not been recognized by the international community has not
prevented its existence nor has it forced its population to assimilate with the
Muslims. Our research also shows that although the international community
acknowledged Republika Srpska, it did not have a duty
to acknowledge Herzeg-Bosna as an independent entity which was created by the
same means and has the same attributes of a state as Republika
Srpska.
Furthermore the fact
that Herzeg-Bosna could not argue for self-determination within Bosnia and
force the international community to acknowledge it attests to the fact that
political interest of the international community outweighs that of the legal
rights. Even though for example Germany argued in favor of Croatian and
Slovenian independence based on the principle of self-determination, no country
in the international community was willing to make the same argument for the
two entities within Bosnia and Herzegovina. The importance of acknowledgement
of a (para)state or an entity within a state is equivalent to recognition of a
state into the international community. In both cases
acknowledgment/recognition grant an entity the right to act as an equal member
either among other para(states) or states. Even though (para)states can exist
without being agknowledged, the same way Herzeg-Bosna
did, it is the act of acknowledgment that gives them official permission to
exercise their rights and attributes of sovereignty. In same fashion,
recognition grants a state permission to hold its place and rank in the
character of an independent political organism in the society of nations.
The main reason why
(para)state Herzeg-Bosna did not receive the same acknowledgment as Republika Srpska was political in nature. The European
Community did not endorse a Muslim state in the heart of Europe due to
international security reasons. Hence the reason why Herzeg-Bosna was not
acknowledged was because of the consequences that it would have on the future
security in Europe. If Herzeg-Bosna was acknowledged it would have meant that
the international community also endorsed it joining Croatia in which case Republika Srpska would naturally join Serbia. The two
entities would try to divide up the Muslims between them which could have
escalated the conflict even further. Izetbegovic was clearly against any idea
that involved dividing Bosnia. However if the two entities of Herzeg-Bosna and Republika Srpska separated that would leave Muslims by
themselves to form their own Muslim state. And if there was a Muslim state in
the middle of Europe it would cause instability in the region and European
powers would never have agreed to this arrangement.839 According to many
experts on the region, from the political and security standpoint this would be
unacceptable(a similar problem as we frequently pointed out, exists in the case
of Turkey visa vis a semi-authonomous Kurdistan in
Iraq). In Bosnia and Herzegovina there was an increased presence of Muslims
from the Middle East and reports came out that a number of terrorist training
camps were formed on its territory. Clearly a Muslim state in the middle of
Europe was not an acceptable option, which is the main reason why the United
States and the rest of the international community pushed for the Federation.
This conclusion
clearly points to the fact that the theory of recognition is firmly tied to the
theory of geostrtegic, international security. The
definition of geostrtegic international security
depends on the interests of the international community at a particular point
in history and as seen in case of the Kosovo war below, it is rather difficult
to provide a unified definition. During the Yugoslav 'dissolution' the community
was primarily concerned with peace in Europe. At the time when the EC was growing
economically while also developing political unity, facing civil war in its
backyard was perceived as a threat to region's stability. Recognition of new
entities was perceived by many European states, especially Germany, as a
vehicle that will help ensure that the balance of power and stability in Europe
is preserved. The Muslim state would have clearly disrupted that balance and
posed a threat to neighboring states. This is the main reason why the existence
of Herzeg-Bosna was ignored, its structure and legitimacy was overlooked and
the agreement was imposed on the government in Zagreb without ever consulting
the wishes of the Croats living in Bosnia.
Bosnia and
Herzegovina from that point became a "protectorate" of the European
Union whose task was to equip this state with all the attributes of a
functional, legitimate state, a task which even today is challenging as we have
seen.
If the historic case
of 19th century recognition of Belgium is compared to that of former Yugoslav
states one can notice obvious similarities. The same way the great powers felt
in charge of European security and responsible for preserving peace and stability
in Europe, so did the European community which felt it was its responsibility
to preserve peace on its soil. In both instances this was their right but also
their responsibility and interest. Both conflicts threatened to spread to other
countries and pose crisis of even larger proportions. In both cases an
international conference was called when the future of the countries was
determined. It was apparent in the case of Yugoslavia and even more so in the
case of Belgium that the powers had a lot of say in determining the future of
respective countries.
The main difference
between the two cases of recognition is that in the case of Belgium the Opera
revolution, has already stopped at the time of recognition. In Yugoslavia
however, recognition came while the territories were still contested on the
ground which ignited a horrific civil war. This is largely because there was no
agreement over the recognition of Bosnia and Herzegovina by its own population.
Both Serbs and Croats living in Bosnia did not want to be separated from
Belgrade and Zagreb respectively and perceived fighting as their only weapon to
prevent this from happening. Unfortunately the international community did not
take this into account when extending recognition. Therefore the main lesson
from the Yugoslav case is that there must be a cessation of fighting and an
agreement among different ethnic groups living on a territory of a country
regarding their desire for recognition. Furthennore
in order for recognition not to be perceived as intervention, the mother state
must be in agreement with extending recognition, otherwise it may perceive the
act as a cause of war.
Time-line
Kosovo:
1389 28 June - Epic Battle of Kosovo heralds 500 years of
Turkish Ottoman rule. Over the ensuing decades many Christian Serbs leave the
region. Over the centuries the religious and ethnic balance tips in favor of
Muslims and Albanians. 1689-90 - Austrian invasion is repelled. 1912 - Balkan Wars: Serbia regains control of Kosovo
from the Turks, recognized by 1913 Treaty of London. 1918 - Collapse of the Ottoman empire; Kosovo becomes
part of the kingdom of Serbia. 1941 - World War II: Much of Kosovo becomes part of an
Italian-controlled greater Albania. 1946 - Kosovo is absorbed into the Yugoslav
federation. 1960s - Belgrade shows increasing tolerance for Kosovan
autonomy. 1974 - Yugoslav constitution recognizes the autonomous status
of Kosovo, giving the province de facto self-government. 1981 - Troops suppress separatist rioting in the
province. 1987 - In a key moment in his rise to power, future
president Slobodan Milosevic rallies a crowd of Kosovo Serbs, who are
protesting against alleged harassment by the majority Albanian
community. 1989 - Yugoslav President Slobodan Milosevic proceeds to
strip rights of autonomy laid down in the 1974 constitution. 1990 July - Ethnic Albanian leaders declare independence
from Serbia. Belgrade dissolves the Kosovo government. 1990 September - Sacking of more than 100,000 ethnic
Albanian workers, including government employees and media workers, prompts
general strike. 1992 July - An academic, Ibrahim Rugova, is elected
president of the self-proclaimed republic. 1993-97 - Ethnic tension and armed unrest escalate. 1998 March-September - Open conflict between Serb police
and separatist Kosovo Liberation Army (KLA). Serb forces launch a brutal
crackdown. Civilians are driven from their homes. 1998 September - Nato gives an ultimatum to President
Milosevic to halt the crackdown on Kosovo Albanians. 1999 March - Internationally-brokered peace talks
fail. Nato
launches air strikes against Yugoslavia lasting 78 days before Belgrade
yields. Hundreds
of thousands of Kosovo Albanian refugees pour into neighbouring
countries, telling of massacres and forced expulsions which followed the
start of the Nato campaign. 1999 June - President Milosevic agrees to withdraw
troops from Kosovo. Nato calls off air strikes. The UN sets up a Kosovo Peace
Implementation Force (Kfor) and Nato forces arrive
in the province. The KLA agrees to disarm. Serb civilians flee revenge
attacks. |
2002 February - Ibrahim Rugova is elected as president
by the Kosovan parliament after ethnic Albanian parties reach a power-sharing
deal. Bajram Rexhepi becomes prime minister. 2003 October - First direct talks between Serbian and
Kosovo Albanian leaders since 1999. 2003 December - UN sets out conditions for final status
talks in 2005. 2004 March - 19 people are killed in the worst clashes
between Serbs and ethnic Albanians since 1999. The violence started in the
divided town of Mitrovica. 2004 October - President Rugova's pro-independence
Democratic League tops poll in general election, winning 47 seats in 120-seat
parliament. Poll is boycotted by Serbs. 2004 December - Parliament re-elects President Rugova
and elects former rebel commander Ramush Haradinaj as prime minister. Mr Haradinaj's party had entered into a coalition with
the president's Democratic League. 2005 February - Serbian President Boris Tadic visits,
promises to defend rights of Serbs in Kosovo. 2005 March - Mr Haradinaj
indicted to face UN war crimes tribunal in The Hague, resigns as prime
minister. He is succeeded by Bajram Kosumi. 2005 July - Nearly-simultaneous blasts go off near UN,
OSCE and Kosovo parliament buildings in Pristina. No-one is hurt. 2005 August - Two Serbs shot dead and two injured when
their car is fired at. 2006 January - President Rugova dies in Pristina after
losing his battle with lung cancer. He is succeeded in February by Fatmir
Sejdiu. 2006 February - UN-sponsored talks on the future status
of Kosovo begin. 2006 March - Prime Minister Kosumi resigns following
criticism of his performance from within his own party. He is succeeded by
former KLA commander Agim Ceku. 2006 July - First direct talks since 1999 between ethnic
Serbian and Kosovan leaders on future status of Kosovo take place in
Vienna. 2006 October - Voters in a referendum in Serbia approve
a new constitution which declares that Kosovo is an integral part of the
country. Kosovo's Albanian majority boycotts the ballot and UN sponsored
talks on the future of the disputed province continue. 2007 February - United Nations envoy Martti Ahtisaari
unveils a plan to set Kosovo on a path to independence, which is immediately
welcomed by Kosovo Albanians and rejected by Serbia. 2007 July - US and European Union redraft UN resolution
to drop promise of independence at Russian insistence, replacing it with
pledge to review situation if there is no breakthrough after four proposed
months of talks with Serbia. |
Giving just one
example of why the problems in Yugoslavia caused international security
problems; in March 1998 when President Slobodan Milosevic was attempting to
provoke a situation that would justify a major military strike on Albanian
separatists in Kosovo, a wide area of the Decani region in Kosovo, bordering
Albania, had come under heavy attack by Serbian forces armed with tanks,
armored personnel carriers, helicopters, and artillery; while at the same time
Albania agreed to allow Turkey to rebuild its main naval base, placing Albania
now in the Greek-Turkish confrontation; all the same while the United States
was trying to convince Greek Cypriots not to install Russian anti-aircraft
missiles; all the same while Serbia accused Montenegro of conspiring with
West, and on June 18 a Kosovo pact between Serbia and Russia was made in a still ongoing drive of
Russia, to re-place itself in key positions in the Balkans, the Aegean, the
Middle East and Asia. In this scenario Russia at that time, was attempting to
refashion as much of the international system as it could before the United
States disentangled itself from its first Iraq war. A dysfunctional
Serbia/Kosovo, hence was in Russia's best interest because it installed a point
of permanent instability in a region that was then already within NATO and EU
borders.
Ever since the
collapse of the Soviet Union, it was inevitable that other nations would seek
to create a counterbalance to the United States designed to create room for
maneuver for themselves. Creating such a counterbalance was extremely
difficult. The economic advantages of collaboration with the United States were
so great, that political or military resistance to American initiatives was
irrational. Neither Russia nor China, for example, would collaborate with each
other if the consequence of such collaboration would be American economic
retribution. Thus, where for example the Asian economic crisis at the time, and
the Russian economic collapse were only barely connected economically, they
were profoundly connected politically. As Russia's and China's economies
struggled under the burdens of economic contraction, each began to experience a
degree of internal political instability. Each, in its own way, sought to
stabilize its economy by reigning in liberals (those who sought collaboration
with the United States) and increasing dependence on conservatives (those who
sought to pursue a course simultaneously more nationalistic, and more political
and military in nature). The liberals and economists grew weaker. The
conservatives, apparatchiks and generals grew stronger.
The United States,
believing that the events of 1989-1992 had permanently transformed the world so
that only the American geopolitical understanding was viable, resisted the
Russian attempt to redefine its sphere of influence. The Russians became more
uneasy and aggressive. It appeared logical to us that Russia would find it in
its interests to create a new bloc partly to defend itself, partly to assert
itself and partly as a bargaining chip against the IMF and the United States.
Few nations would initially collaborate with Russia.
Thus Russia was
once more trying to take a leading role in Central Asia, alternately
cooperating with and challenging Iran, forging political, military, and
economic ties with China and Japan, allying with Syria and Greece against the
Turkish-Israeli Bloc, restoring ties with Belarus, and generally expanding its
involvement throughout its old sphere of influence. And through the Kosovo
crisis, it wanted to save Milosevic and drive back the "ineffective"
United States.
Ideally furthermore,
from the Russian point of view, the United States would find itself in a
position where in the case of Kosovo, for the first time since World War II, it
was conducting air campaigns simultaneously in two widely dispersed theaters.
The ideal for the Russians was an ineffective, prolonged campaign in Iraq and
an intensive one in Serbia. Neither can succeed, neither can end, both will
together sap U.S. military strength while straining the American alliance
system.
At the same time, the
United States' government had received reports that it found credible of a
terrible genocide underway in Kosovo and decided that it had to intervene to
stop it. The U.S. began by attempting to dictate terms to the Belgrade
government, drafting a document now called the Rambouillet
Accords. It gathered around itself its NATO allies, and demanded that all sides
agreed to those Accords. There was substantial hesitancy on all sides, but in
the end, the Albanians agreed. The Serbs did not. Leading NATO, the United
States announced that unless the Serbs agreed to the Accords, precisely as
stated with no further negotiation, NATO would begin a bombing campaign against
the Serbs. The United States said this with full confidence that Belgrade would
capitulate. But Belgrade did not.
The Kosovo issue for
the US of course was a side issue. The key to the lives of the Kosovars is not
in Washington but in Belgrade and Moscow. Serbia wanted guarantees of a
unified, sovereign nation. Russia wants a sphere of influence. Thus what
happened is that Yeltsin's intercession in the Kosovo crisis served to undercut
the U.S. and its efforts to forge a unified NATO response to the crisis. That
U.S. effort, part of an overall debate on the role of NATO in a post Cold War world, was already suffering from splits
within the organization over whether NATO should await a UN mandate or act
alone. Not only did Russia's mediation efforts forestall a possible
precedent-setting NATO action, but it reinforced the extension of Russia's
sphere of influence over Yugoslavia. In short, the Yeltsin-Milosevic meeting
was first and foremost a poke in the eye for the United States, and if it
settles the Kosovo crisis, then all the better. And Russia, its experiment with
liberalism over, would begin the long process of reconstructing its empire and
its position of power at the heart of Eurasia.
When on March 24,
1999, NATO aircraft began to bomb Yugoslavia, they were unable to force
Belgrade to capitulate to its demands using the force available during the
first month of the conflict. And was because Madeleine Albright, Sandy Berger,
Richard Holbrooke and the US President, made a decision to impose the Rambouillet Accords on both sides in Kosovo.
It was simply assumed
that, given the threat of bombardment, Slobodan Milosevic would have no choice
but to capitulate and accept the accords. The evidence that Washington expected
capitulation was in its complete lack of preparation for an extended conflict.
In fact, Milosevic's view was that a bombing campaign over Kosovo would
increase his domestic political power, by positioning him as a champion of
Serbian national unity, thereby limiting the ability of his opposition to
oppose him. But the second reason of course had to do with the shift in
Russia's position. And Milosevic expected a vigorous Russian reaction to war.
Thus, both sides miscalculated. The United States assumed that Milsosevic would capitulate when he realized that the
United States would actually bomb Serbia. Milosevic assumed that the Russians
would be a more limiting factor on NATO behavior and that American concern for
the Iraqi theater would deter them as well.
In the end NATO's war
against Yugoslavia set a precedent at considerable cost. It was the first
instance of unilateral NATO intervention in a sovereign nation during the
alliance's 50-year history. NATO sent more than 1,000 aircraft to fly more than
38,000 sorties, at an eventual estimated cost of tens of billions of dollars.
The alliance deployed 38,000 peacekeepers, drawn from 28 countries, with no
foreseeable end to their mission. Reconstruction has barely begun and is
expected to cost another $32 billion.
And the winner
clearly was Russia for it not only received $4.5 billion from the IMF at the
time, it also maneuvered itself into the position of being an honest broker,
trusted by both Germany/Italy and the Serbs.
Following the war a
wave of reprisals against Serbs carried out by Kosovar Albanians, including
members of the KLA. Nevertheless on September 03, 1999, after weeks of
negotiations, leaders of the Kosovo Liberation Army (KLA) and NATO signed a
plan, allowing part of the guerrilla force to become a legitimate armed
authority in Kosovo. The authorities in control of Kosovo were either unwilling
or unable to muster the force necessary to control the KLA, and have defaulted
to the only remaining option - to give the KLA a legal position and to try and
keep them dependent on NATO for supplies and training. The KLA tested Russia
and NATO's strength and came out the victor. Municipal elections in Kosovo on
Oct. 30 next, brought to power a moderate political force under the League of
Democrats of Kosovo, led by Ibrahim Rugova. But the party's victory over the
Democratic Party of Kosovo, the conservative legacy of the former Kosovo
Liberation Army, did not draw the international fanfare extended to other
pro-democratic victories in Croatia, Bosnia and Serbia.
Also when the
security force KFOR initially entered Kosovo, it to fulfill three missions: to
ensure safety, enforce compliance with the June 1999 cease-fire agreements and
temporarily assist the United Nations with civilian functions, such as policing
and reconstruction. Yet Kosovo steadily became an upside-down world of reversed
roles, where increasingly, KFOR troops where defending themselves not just
against remaining pockets of Serbs, but apparently against their wartime allies
in the KLA.
And where a year
after the war ended, violent crime was falling the largely rural province was
far from safe. In many ways, the state of affairs in Kosovo however was the
result of a lack of government; in fact one year after peacekeeping began there
was none. With at the same time ethnic Albanians as the predominant smugglers
in the Western European heroin market, by gaining access to Western European
cities trough exploiting their reputation as refugees. And tensions between the
Serbs and ethnic Albanians continued to challenge stability in Montenegro and
Serbia, the remaining Yugoslav republics at that time.
Then ironically, with
the fall of Slobodan Milosevic's regime in Belgrade at the end of 2000, the
security situation in Kosovo deteriorated even further. Before the new democratically
elected Kostunica took office as new Serbian Premier, maintaining KFOR
peacekeepers in Kosovo was enough to deter the Yugoslav army from making it
back to the province. As well, it was safe to talk halfheartedly about Yugoslav
sovereignty over Kosovo.
But with the
democratic government in Belgrade is asking for the return of its former
province. Europe and America realized that if they ignore Belgrade's request
for much longer, the current pro-Western government will lose popular support.
And where Europe would have preferred to return Kosovo to Yugoslavia. They also
understood that Kosovar Albanian leaders would never agree to that solution.
And with the safety of Serbs and other minorities, such as the Roma,
questionable in much of the region, northern Kosovo became the Serbs' primary
enclave. Thus finally on Nov. 5 2001, the United Nations and Yugoslavia signed
a joint declaration that would reinforce existing protections for Serbs living
in Kosovo, yet at the same time committing themselves to give Serbs autonomy
within their region of Kosovo.
Clashes however
continued to take place, for example on March 17, 2004, when well-armed Serbs
and Albanians clashed Mitrovica, home to about 263,000 ethnic Albanians and a
majority of the province's Serbs- with round 25 people killed and 500
wounded.
This put new Serbian
Prime Minister Vojislav Kostunica in a difficult spot. He has maintained
domestic popularity in Serbia in part through his strong nationalistic
sentiment and by taking a tough line on the future of Kosovo. He was forced to
bring even more nationalistic elements into his government, including Slobodan
Milosevic's Socialist Party. After just weeks in power, however his government
could not afford to look weak on Kosovo.
When on February 22,
2006 then, negotiations over possible independence for Kosovo started, Belgrade
once more, wanted to maintain some political authority over the province, or at
least ensure the safety of its Serb minority, while Albanians wanted complete
independence for the province. And on Nov. 28, 2006 U.N. police fired tear gas
to disperse some 3,000 ethnic Albanian protesters who surrounded the U.N.
headquarters of the Kosovar capital of Pristina.
After getting NATO
support in 1999 to secure their provisional break from Serbia, Kosovar
Albanians grew weary of waiting for full and official independence from
Belgrade. Serbs consider Kosovo to be the birthplace of their national identity
and view Kosovar Albanians as little more than a recent infestation, though the
province's population is now more than 90 percent Albanian and less than 5
percent Serbian. The Albanians want nothing less than independence, and for the
Albanians the Serbs want anything shy of it.
Finally early June
2007, President George W. Bush became the first American president to
visit Kosovo, calling for a final ruling on its independence. By then Kosovo
issue has gotten caught between the competing interests of not only Russia, but
also France and Germany. French President Nicolas Sarkozy met with Putin
on June 8 to negotiate a compromise, the talks failed and Sarkozy proposed
postponing the Kosovo decision for another six months in order to give Putin
some time, to "oblige the Serbs and Kosovars to negotiate and to avoid a
split in the international community.'' Putin immediately shot down this idea.
While at the same time German Chancellor Angela Merkel, was bent on using the
Kosovo issue to cement her legacy as EU president while trying to push to
fast-track Serbia's EU membership talks as Belgrade's reward for letting Kosovo
go while Russia was actively campaigning for support for Serbia. Putin then
personally invited Serbian Prime Minister Vojislav Kostunica to St. Petersburg,
where he guaranteed Kostunica that Russia will veto Kosovar independence, and
he vowed to help Serbia with its security, energy and economic needs.
Conclusion: The
issue has been on the table since 1999, when the United States and its NATO
allies, angered over Serbian behavior in Kosovo, ignored Russian objections and
waged a 60-day air war against Yugoslavia. The Clinton administration charged
that the Serbians were either conducting genocide against the Kosovar Albanians
or were on the verge of it. Washington demanded the withdrawal of Serbian
forces from Kosovo and, when that failed to happen, it commenced the air
campaign. Plus since Russia, in particular, opposed the war, it made U.N.
Security Council passage of an enabling resolution impossible.
The fact that Moscow
has promoted itself as Serbia's protector before already has been an excuse
Russia has used to get involved in many conflicts, including World War I. In
1999, however, the United States did not take Russia seriously when it
considered how to handle Serbia. The war, however, did not go as expected. The
Serbs did not capitulate after the first few days of bombardment, and neither
the United States nor NATO was prepared to mount a ground attack into Kosovo.
After two months of bombings, a diplomatic initiative was launched via Moscow,
whose channels into Belgrade remained active since the Serbs retained some
trust in the Russians. In a complex round of diplomacy, the Serbs agreed to
withdraw their forces from Kosovo as long as the occupying force included a
substantial Russian contingent.
In fact, the Russians
sent a contingent of troops from their base in Bosnia through Serbia to Kosovo,
arriving at the airport in Pristina as the bombing ended. Rather than integrate
the Russian forces into the NATO force in Kosovo, the peacekeeping presence
known as KFOR, NATO marginalized them. From the Russians' point of view, they
had been double-crossed. They had gotten the Serbs to agree to a withdrawal on
the proviso that the Russians would be a substantial part of KFOR. This was
crucial because it was understood that they would guarantee the one part of the
agreement that was a dealmaker to the Serbs. Serbia would withdraw from Kosovo,
but it would not give up sovereignty. When the Americans and Europeans bypassed
the Russians, Russian credibility, as low as it was, plummeted even more.
In a sense, Kosovo
broke the back of Yeltsin's strategy. The Russians perceived the motherland as
a poor but powerful country, one that not only had become poorer, but also was
treated with contempt by the United States. Russian nationalists, even of the
mildest sort, recoiled at what they saw as the American double-cross. Many
issues sank Yeltsin, but Kosovo was critical. One of Putin's missions, then,
has been to rebuild Russia's international standing.
Eight years after the
war, KFOR continued to occupy Kosovo, though Europe and the United States are
trying to bring the conflict to a conclusion by granting Kosovo independence.
Their argument is that Kosovo, whatever its historical significance to Serbs,
now has a majority of Albanians. In addition, the Albanians had been mistreated
by the Serbs, so they cannot be returned to Serb control. Therefore, the only
reasonable thing is for Kosovo to be granted independence.
The Serbs where
intensely opposed to losing a province permanently. For the Russians, there are
a number of issues. First, Putin wants to demonstrate to Europe and the United
States that they cannot simply ignore understandings reached with Russia. The Russian
opposition to Kosovo's independence was made clear eight years ago, and it
remains clear now. Second, the Russians want to demonstrate that alliance with
them has meaning as they attempt to expand their sphere of influence. Until
now, their successes have been confined to the former Soviet Union. They want a
showdown over the interests of a Balkan ally simply to demonstrate their
loyalty and effectiveness, as well as the limits of American and European
power. Finally, they want to expand their influence in the Balkans, an area of
historical interest to the Russians.
On June 24,2007,
Putin attended an energy conference of southeast European leaders. While there,
he made it clear that Russia is prepared to expand capital investment in power
networks and pipelines in the Balkans. He also supported the creation of an "energy
ring" in the Black Sea region that might serve to define the parameters of
a common European power grid. That was the carrot. The stick was a warning that
the Russians will not accept an independent Kosovo.
Europe just wanted
Kosovo off its plate. It is uneasy about extending the Muslim reach in the
Balkans and it is concerned about the principle of changing borders based on
ethnic makeup. In Europe, Spain's Basque region has had a separatist movement
for years, while there are predominantly Hungarian regions in both Slovakia and
Romania. The Russians, however, are most uneasy about the principle because if
Kosovo is given independence, why not Chechnya?
The Europeans and
Americans want to wrap up the Kosovo issue as soon as possible. For Bush, who
has been portrayed as rabidly anti-Islamic, having a pro-Muslim policy
somewhere in the world has obvious benefit. Albania, as demonstrated by Bush's
recent visit, is the one place where he can gather sympathetic Muslim crowds,
and he is not about to give it up. As for the Europeans, they want to let go of
the tar baby and move on. By visiting Albania, therefore, Bush has signaled
Putin that he is committed to Kosovar independence. The point the Bush
administration is missing, however, was that rather than being deterred by
Bush's show of commitment, Putin saw it as an opportunity to embarrass Bush and
assert Russian power. He wanted to force Bush to back down on an issue on which
the American president has staked himself publicly.
The United States in
fact proposed a quid pro quo deal with Moscow that revolved around the issue of
Iran, the International Herald Tribune reported Oct. 30, 2007. The article said
Washington is prepared to meet unspecified Russian demands with regard to the
implementation and modification of the Conventional Forces in Europe Treaty in
exchange for Russian help in passing new sanctions targeting Iran's nuclear
program, as well as Moscow's support for Western efforts to grant independence
to the Serbian province of Kosovo.
Earlier on Oct. 9
2007 Kosovo's leaders said in London, that Kosovo will declare its independence
almost immediately if there is no deal reached with Serbia before a December 10
deadline. Prime Minister Agim Ceku said: "This
will happen in a couple of days if the deadline runs out." The Kosovan
leaders want supporting countries, of which Britain is one, to offer
pre-arranged recognition at once. Mr Ceku was in London with the Kosovan President Fatmir Sejdiu
to meet the British Foreign Secretary, David Miliband, and other officials.
Without an agreement, a region that saw Nato wage war on Serbia to make its
forces leave Kosovo in 1999, would not find the settled political way forward
that international diplomacy has been seeking. It could precipitate another
crisis between Russia and the West, with the United States and at least some
European Union states recognising Kosovo as an
independent country. Russia would object, having always said that no final
steps should be taken without the agreement of both Kosovo and Serbia. If the
US and some EU states do recognise Kosovo, as appears
inevitable, Russia might be tempted to recognise
three enclaves in Georgia and Moldova that have looked to Russia for support.
These enclaves are Abkhazia and South Ossetia in Georgia, and Trans-Dniester in
Moldova.
A British official
dismissed the threat, saying that Kosovo was "clearly unique". The
official all but confirmed that Britain would recognise
an independent Kosovo by saying that a UN-sponsored plan for
"supervised" independence was the best way forward without an
agreement. Britain's attitude could also be gauged by the fact that it offered
one of the finest rooms in the Foreign Office, the Locarno Room, for the
Kosovan news conference.
The UN has set a
deadline of 10 December for the Kosovo negotiations. The talks reached deadlock
in New York last month and will be taken up again in Brussels on 14 October,
with no hopes of progress evident. The point at issue is quite simple. Kosovo
wants to be independent. Serbia wants it to be autonomous. The Kosovo
leadership has accepted a plan proposed by a UN appointed mediator, Martti
Ahtisaari, for "supervised" independence. This independence would not
allow Kosovo to join Albania (most people in Kosovo are ethnic Albanians). The
plan is subject to three other principles: no division of Kosovo (some Serb
areas might otherwise want to stay with Serbia); no return to the situation
before the war of 1999 (that means no return of Kosovo to Serbian sovereignty);
and acceptance by the people of Kosovo. Serbia has countered with an offer for
Kosovo to be given substantial autonomy within the Serbian state, a proposal
rejected by the Kosovo Albanians. Serbia argues that some key events of its
history took place there and that it should not have these taken away. Russia
has blocked a Security Council resolution giving effect to the Ahtisaari
proposal. It argues that any unilateral declaration of independence by Kosovo
would have no legal basis and should not be accepted by other countries. There
could also be a secondary crisis within the EU, if a unanimous position cannot
be found. At the moment, it looks as if there would be a split. Britain, France
and Germany are expected to lead the way calling for recognition but Greece,
Cyprus, Romania and Slovakia have all indicated that they would need UN
approval first. The EU seeks to formulate a joint foreign policy, but if no
common position can be found, states can go their own way.However
"Kosovo has no economic potential," said Behget
Pacolli, a self-made millionaire whose newly created
New Kosovo Alliance came third in Saturday's election. "But we have people
who can work, a youth prepared for challenges."
But even if Kosovo
wins quick Western recognition after a declaration expected to come in the next
couple of months, things may get worse before they get better. Far from coming
to terms with the loss of its province, Serbia is bitterly opposed to secession
and may try to inflict as much pain as possible, by blockading recognition,
trade, borders, power, telephones and whatever else it can influence. Serbs
living in the northern corner of the province will almost certainly reject the
new republic, and since they have Serbia at their backs plus full support from
Belgrade, there is little Kosovo can do to prevent de facto partition. So the
flag-raising jubilation of independence day will have a sober undercurrent.
Kosovo faces a long climb to the level of prosperity of the European Union,
whose white four-wheelers will soon replace those of the United Nations. Update Nov. 18, 2007: Following
our Introduction in regards to the parliamentary elections on Nov.17, the results of which have now been announced. Comment:
The true Meaning of the Montevideo Convention
As we have seen, with
the emancipation of the Latin American states they were standing on an unsure
ground and were fearful of European states and the United States mingling into
their affairs. Therefore, they needed reassurance that a new era was beginning
for them and that they could develop without constantly worrying of other
states violating their sovereignty. This was also the time after the world had
witnessed the First World War and was developing mechanisms to prevent another
war rom occurring. The preservation of the newly
established peace was the main goal of both the U.S. and Latin American
countries. Numerous Conferences that were organized on the initiative of Latin
American countries and later the United States were aimed at achieving mechanisms
for protecting their security, safety and sovereignty. The Sixth and Seventh
conference also sought to establish a firm foundation for the doctrine of
equality of states which had as its aim to prevent intervention into the
affairs of other states.
One of the most
significant achievements of the conference was the agreement on
non-intervention into the affairs of other states. Montevideo is often quoted
and credited for establishing the criteria for statehood and recognition of
states. The criterion established at the time was a reflection of general legal
criteria that characterized each state. In addition as we have seen, the
section on The Rights and Duties of States, article 3, indicates that
“political existence of the state is independent of recognition by the other
states. Even before recognition the state has the right to defend its integrity
and independence, to provide for its conservation and prosperity.”
Interestingly, as the
cases we presented in this investigation have clearly shown, the course of
action taken by the international community with respect to former Yugoslav
states was analogous to that of Belgian independence in the 19th
century. First they tried to address the issues with all parties involved and
then they organized a conference to determine the status of Yugoslavia and
resolve the issue of recognition. As was the case of Belgium. The conference
determined that the union of Yugoslav republics was no longer possible. With
respect to Yugoslavia the decision was made that the country was in the process
of dissolution. Similarly to Belgium, even though there were powers such as the
United States who at the beginning opposed recognition, Germany as the most
powerful European state wholeheartedly supported it and announced its
willingness to recognize Croatia before other powers could even assess the
situation in the country and decide on the course of action. In the case of
Belgium it was France and Britain who recognized Belgium even though many
issues have not been resolved and other powers objected to it. In both cases
recognition was awarded due to necessity. In the Belgium case it was to
preserve peace in Europe and in the case of Yugoslavia it was to stop the
fighting and create stability in the region. Interestingly recognition in both
instances recognition was extended prior to the approval of the mother state
which according to the international law is a case of intervention into the affairs
of a state.
One could argue that
what has changed with respect to recognition is closely related to the
developments in international law. With respect to former Yugoslavia for the first
time the international community has formed an ad hoc committee comprised of
prominent lawyers to detennine the status of
Yugoslavia and its seceding republics. The European Community also established
the Guidelines for recognition which included respect to the provisions of the
Charter of the United Nations, guarantee for the rights of ethnic and national
groups and minorities respect for the inviolability of a11 frontiers,
acceptance with regard to disannament and nuclear
non-proliferation. These criteria were chosen by the European Community
according to the European political standards of statehood.
Yet recognition of
former Yugoslav states did not adhere to the Guidelines or the recommendation
of the Badinter Commission. Even though Montevideo
criteria remain the most referred to document and the only instance of
codification in history of statehood, the process of recognition by states
never followed it. This is especially evident in the case of Bosnia and Herzegovina
which was recognized even though the Badinter
Commission recommended otherwise, its territory was being disputed, its
Sarajevo government did not control all of its territory, there were two state
entities on its territory, and three paramilitary groups which continued to
fight for three years after its recognition. Yet the country was recognized
mostly because the act was deemed necessary to create stability and stop the
fighting in the region. This indicates that even though there is a movement
towards following guidelines with respect to recognition, at the end of the day
it is the international security that will carry more weight and will take
precedence over international law.
Permanent population,
territory, government and ability to conduct foreign relations are the four
conditions, which have developed into customary international law. These
criteria are so basic, that a state would not even be able to function without
having the four standards fulfilled. However, fulfillment of the four standards
and the existence of statehood does not guarantee recognition. Nor, does
recognition create statehood. The determinant of statehood is functionality. By
recognizing a new state, the international community is not proclaiming a state
but rather it is expressing self-interest in that particular state’s being an
official member of the community of nations. The ultimate decision whether to
recognize an entity can only be determined on case by case basis. One component
or criterion of recognition that will always be present is the international
security component. The existence and acceptance of an aspiring state into the
international community will be weight against the contribution this state will
make to the security in the region. If the recognition of a particular state is
contested and it is known that the act itself will cause conflict, the entity
will likely not receive recognition. Hence, this political aspect of
recognition is a reserved right that recognizing states maintain in order to
preserve balance and stability.
This however does not
mean that the process of recognition is strictly political or that there should
not be a normative criterion guiding the process of recognition as was the case
in former Yugoslavia. International law plays a prominent role in establishing
stability in the world. Ifrecognition is viewed as a
dependent variable, the list of independent variables is largely a subject of
the world order we live in and the priorities of the international community at
the time it receives an application for recognition.
Hence, the European
Community’s Guidelines for recognition were the independent variables mostly
based on conventions and standards of the European states as they stand today.
Some of the other independent variables that should be considered on the list of
independent variables include democracy and political freedom the new states
offers to its citizens and other states, consensus among the populations for
the new state, willingness to respect and abide by the international treaties,
stability of the regime and the government of the new country, nature of its
government and its compatibility with other states, and economic utility to
other states. The fact that the European Community decided to form a Badinter Commission composed of prominent international
lawyers points to the fact that there is an effort to establish new normativity
with respect to recognition. The recommendations that the Commission made with
respect to Yugoslavia and the requirement for new states does point out that
the international legal decisions do take account of stability which is why
there is a defmite role of international law with
respect to questions of recognition.
As we have shown,
there is a single independent variable which is essential for recognition
without which a nascent state will not be recognized.That
variable is international security as interpreted by policy makers of the
moment. This variable is the single most important component and it shapes the
decision-making regarding recognition. As we have seen in the case of 19th
century Belgium, the country was recognized upon the condition of neutrality of
Belgium, which was also a guarantee of European security. At the time European
security was a matter of interpretation which in the cases of the great powers
included their self interest and preservation of the
established balance. If Belgian independence did not coincide with the
interests of great powers at the time, Belgium would not have been afforded the
right of independence. In the case of Yugoslavia, recognition was granted in hope
that the act would shift the conflict from civil to international and in that
would bring peace while preventing further violence. Recognition achieved just
the opposite. It fired a gunshot which started the most brutal race for
territorial acquisition driven by both economic and political interests.Therefore, one of the most potent lessons of
Yugoslavia is that recognition is not an effective tool for putting out fires
and should not be used as such because it can have a reverse affect and add
fuel to the burning fire. The study further points to the fact that recognition
is not a ‘crowning’ process or the ‘icing on the cake’ extended to an entity
which deserved recognition. Most importantly, recognition by itself does not
create viable states. For example the case of Bosnia and Herzegovina by any
international standard did not represent a viable state at the time of recognition.
Despite that fact, it was recognized and accepted into the community of states.
This was done strictly for political reasons which could not be found or
explained through the prism of any political theory or any standard of
international law.
From our
investigation it is also clear that the way an entity achieved statehood, the
source of its desire for statehood and the process it went through does playa role in determining whether an entity will be
recognized or not. This component is not stated in Montevideo however as
established Montevideo was about non-intervention rather than about statehood
and recognition of new states. The most important factor in making the final
decision on whether an entity is extended recognition its relevance and impact
on the international security. If the recognition of a new entity is deemed to
strengthen the security of a region and maintain the balance in the existing
system, it will be allowed to join the club of nations. Therefore it is the
international security interests tied with economic interests that drive the
actions of existing states in deciding whether to extend or decline recognition
to a new entity.
Recognition in the 21
st century thus has emerged as a powerful creature of
the international community. Its purpose is not to aid the creation of states,
nor to display politically based favoritism, but rather to promote the
preservation of peace and stability in the international system. The fact is
that states emerge independently of recognition. The rights and attributes of
sovereignty belong to it independently of recognition. It is recognition
however that creates a stable juridical foundation for the relationship between
the recognizing state and the one being recognized. Recognition gives a state
the right and assurance to exercise attributes of sovereignty and an
opportunity develop political, economic and security relations with other
states as an equal member of the community of nations. As shown, recognition is
not ‘all politics’, however recognizing states reserve the right to consider
political components especially those pertaining to international security and
base their final decision on it. This fact makes it rather difficult to write a
legal text that will complement the political decision-making and be applicable
in all situations. This is why today one cannot speak of duty to recognize as
in the cases where recognition of a state impedes or endangers international
security, the state will not receive recognition. This is precisely why
Montevideo criteria were adopted as ambiguous as it was and why the United
States had reservations about the eleven articles that defined criteria for statehood
and recognition. Codifying statehood and switching recognition into the realm
of international law would be the equivalent of giving up the right to
intervene and control international affairs. It would be the analogous to
states giving up their reserved political right to extend or withhold
recognition, which is not a realistic option. The way the Great Powers
established themselves as guarantors of peace in Europe in the 19th
century, the same way the leading states of today perceive themselves as responsible
for the peace and stability in the world. Recognition today and for the years
to come remains a powerful tool available to those states to control the
international security and ensure the preservation of peace in the world.
And as for our conclusion in regards to Kosovo today:
As we have seen in
our introduction, the Yugoslav question finally became a 1990s issue,
while the Kosovo issue has appeared to be one of those conflicts that never
quite goes away but isn't regarded very seriously by the international
community. However, Kosovo is getting very serious again.
The United States and
Europe appear committed to making Kosovo, now a province of Serbia, an
independent state. Of course, Serbia opposes this, but more important, so does
Russia. Russia opposed the original conflict, but at that point it was weak and
its wishes were irrelevant. Russia opposes independence for Kosovo now, and it
is far from the weak state it was in 1999 - and is not likely to take this
quietly. Kosovo's potential as a flash point between Russia and the West makes
it important again. Let's therefore review the action to this point.
In 1999, NATO, led by
the United States, conducted a 60-day bombing campaign against Yugoslavia and
its main component, Serbia. The issue was the charge that Yugoslavia was
sponsoring the mass murder of ethnic Albanians in Kosovo, just as it had
against Bosnian Muslims. The campaign aimed to force the Yugoslav army out of
Kosovo while allowing a NATO force to occupy and administer the province.
Two strands led to
this action. The first was the fear that the demonstrable atrocities committed
by Serbs in Bosnia were being repeated in Kosovo. The second was the general
feeling dominant in the 1990s that the international community's primary task was
dealing with rogue states behaving in ways that violated international norms.
In other words, it was assumed that there was a general international consensus
on how the world should look, that the United States was the leader of this
international consensus and that there was no power that could threaten the
United States or the unity of the vision. There were only weak, isolated rogue
states that had to be dealt with. There was no real risk attached to these
operations. Yugoslavia was identified as one of those rogue states. The United
States, without the United Nations but with the backing of most European
countries, dealt with it.
There was no question
that Serbs committed massive atrocities in Bosnia, and that Bosnians and Croats
carried out massive atrocities against Serbs. These atrocities occurred in the
context of Yugoslavia's explosion after the end of the Cold War. Yugoslavia had
been part of an arc running from the Danube to the Hindu Kush, frozen into
place by the Cold War.
Muslims had been
divided by the line, with some living in the former Soviet Union but most on
the other side. The Yugoslav state consisted of Catholics, Orthodox Christians
and Muslims; it was communist but anti-Soviet and cooperated with the United
States. It was an artificial state imposed on multiple nationalities by the
victors of World War I and held in place after World War II by the force field
created by U.S.-Soviet power. When the Soviets fell, the force field collapsed
and Yugoslavia detonated, followed later by the rest of the arc.
The NATO mission,
then, was to stabilize the western end of this arc, Yugoslavia. The strategy
was to abolish the multinational state created after World War I and replace it
with a series of nation-states -- such as Slovenia and Macedonia - built around
a coherent national unit. This would stabilize Yugoslavia. The problem with
this plan was that each nation-state would contain substantial ethnic
minorities, regardless of attempts to redraw the borders. Thus, Bosnia contains
Serbs. But the theory was that small states overwhelmingly consisting of one
nationality could remain stable in the face of ethnic diversity so long as
there was a dominant nation -- unlike Yugoslavia, where there was no central
national grouping.
So NATO decided to
re-engineer the Balkans much as they were re-engineered after World War I. NATO
and the United States got caught in a weird intellectual trap. On the one hand,
there was an absolute consensus that the post-World War II borders of Europe
were sacrosanct. If that wasn't the case, then Hungarians living in Romanian
Transylvania might want to rejoin Hungary, Turkish regions of Cyprus might want
to join Turkey, Germany might want to reclaim Silesia and Northern Ireland
might want to secede from the United Kingdom. All hell could break loose, and
one of the ways Europe avoided hell after 1945 was a cardinal rule: No borders
would shift.
The re-engineering of
Yugoslavia was not seen as changing borders. Rather, it was seen as eliminating
a completely artificial state and freeing genuine nations to have their own
states. But it was assumed that the historic borders of those states could not
be changed merely because of the presence of other ethnic groups concentrated
in a region. So the desire of Bosnian Serbs to join Serbia was rejected, both
because of the atrocious behavior of the Bosnian Serbs and because it would
have shifted the historic borders of Bosnia. If all of this seems a bit
tortured, please recall the hubris of the West in the 1990s. Anything was
possible, including re-engineering the land of the south Slavs, as Yugoslavia's
name translates in English.
In all of this,
Serbia was seen as the problem. Rather than viewing Yugoslavia as a general
failed project, Serbia was seen not so much as part of the failure but as an
intrinsically egregious actor that had to be treated differently than the rest,
given its behavior, particularly against the Bosnians. When it appeared that
the Serbs were repeating their actions in Bosnia against Albanian Muslims in
1999, the United States and other NATO allies felt they had to intervene.
In fact, the level of
atrocities in Kosovo never approached what happened in Bosnia, nor what the
Clinton administration said was going on before and during the war. At one
point, it was said that hundreds of thousands of men were missing and later
that 10,000 had been killed and bodies were being dissolved in acid. The
post-war analysis never revealed any atrocities on this order of magnitude. But
that was not the point. The point was that the United States had shifted to a
post-Cold War attitude, and that since there were no real threats against the
United States, the primary mission of foreign policy was dealing with minor
rogue states, preventing genocide and re-engineering unstable regions. People
have sought explanations for the Kosovo war in vast and complex conspiracies.
The fact is that the motivation was a complex web of domestic political
concerns and a genuine belief that the primary mission was to improve the
world.
The United States
dealt with its concerns over Kosovo by conducting a 60-day bombing campaign
designed to force Yugoslavia to withdraw from Kosovo and allow NATO forces in.
The Yugoslav government, effectively the same as the Serbian government by
then, showed remarkable resilience, and the air campaign was not nearly as
effective as the air forces had hoped. The United States needed a war-ending
strategy. This is where the Russians came in.
Russia was weak and
ineffective, but it was Serbia's only major ally. The United States prevailed
on the Russians to initiate diplomatic contacts and persuade the Serbs that
their position was isolated and hopeless. The carrot was that the United State
agreed that Russian peacekeeping troops would participate in Kosovo. This was
crucial for the Serbians, as it seemed to guarantee the interests of Serbia in
Kosovo, as well as the rights of Serbs living in Kosovo. The deal brokered by
the Russians called for a withdrawal of the Serbian army from Kosovo and entry
into Kosovo of a joint NATO-Russian force, with the Russians guaranteeing that
Kosovo would remain part of Serbia.
This ended the war,
but the Russians were never permitted - let alone encouraged - to take their
role in Serbia. The Russians were excluded from the Kosovo Force (KFOR)
decision-making process and were isolated from NATO's main force. When Russian
troops took control of the airport in Pristina in Kosovo at the end of the war,
they were surrounded by NATO troops.
In effect, NATO and
the United States reneged on their agreement with Russia. Russian President
Boris Yeltsin and the Russian Foreign Ministry caved in the face of this
reneging, leaving the Russian military - which had ordered the Kosovo
intervention -- hanging. In 1999, this was a fairly risk-free move by the West.
The Russians were in no position to act.
The degree to which
Yeltsin's humiliation in Kosovo led to the rise of Vladimir Putin is not fully
understood. Putin represented a faction in the intelligence-military community
that regarded Kosovo as the last straw. There were, of course, other important
factors leading to the rise of Putin, but the Russian perception that the
United States had double-crossed them in an act of supreme contempt was a
significant factor. Putin came to office committed to regaining Russian
intellectual influence after Yeltsin's inertia.
The current decision
by the United States and some European countries to grant independence to
Kosovo must be viewed in this context. First, it is the only case in Yugoslavia
in which borders are to shift because of the presence of a minority. Second, it
continues the policy of re-engineering Yugoslavia. Third, it proceeds without
either a U.N. or NATO mandate, as an action supported by independent nations -
including the United States and Germany. Finally, it flies in the face of
Russian wishes.
This last one is the critical
point. The Russians clearly are concerned that this would open the door for the
further redrawing of borders, paving the way for Chechen independence
movements, for example. But that isn't the real issue. The real issue is that
Serbia is an ally of Russia, and the Russians do not want Kosovar independence
to happen. From Putin's point of view, he came to power because the West simply
wouldn't take Russian wishes seriously. If there were a repeat of that display
of indifference, his own authority would be seriously weakened.
Putin is rebuilding
the Russian sphere of influence in the former Soviet Union. He is meeting with
the Belarusians over reintegration. He is warning Ukraine not to flirt with
NATO membership. He is reasserting Russian power in the Caucasus and Central Asia.
His theme is simple: Russia is near and strong; NATO is far away and weak. He
is trying to define Russian power in the region. Though Kosovo is admittedly
peripheral to this region, if no European power is willing to openly challenge
Russian troops in Kosovo, then Russia will have succeeded in portraying NATO as
a weak and unreliable force.
If the United States
and some European powers can create an independent Kosovo without regard to
Russian wishes, Putin's prestige in Russia and the psychological foundations of
his grand strategy will suffer a huge blow. If Kosovo is granted independence
outside the context of the United Nations, where Russia has veto power, he will
be facing the same crisis Yeltsin did. If he repeats Yeltsin's capitulation, he
will face substantial consequences. Putin and the Russians repeatedly have
warned that they wouldn't accept independence for Kosovo, and that such an act
would lead to an uncontrollable crisis. Thus far, the Western powers involved
appear to have dismissed this. In our view, they shouldn't. It is not so much
what Putin wants as the consequences for Putin if he does not act. He cannot
afford to acquiesce. He will create a crisis.
Putin has two levers.
One is economic. The natural gas flowing to Europe, particularly to Germany, is
critical for the Europeans. Putin has a large war chest saved from high energy
prices. He can live without exports longer than the Germans can live without
imports. It is assumed that he wouldn't carry out this cutoff. This assumption
does not take into account how important the Kosovo issue is to the Russians.
The second option is
what one might call the "light military" option. Assume that Putin
would send a battalion or two of troops by air to Belgrade, load them onto
trucks and send them toward Pristina, claiming this as Russia's right under
agreements made in 1999. Assume a squadron of Russian aircraft would be sent to
Belgrade as well.
If that happened,
there are other areas of interest to Russia and the West where Russia could
exert decisive military power, such as the Baltic States. If Russian troops
were to enter the Baltics, would NATO rush reinforcements there to fight them?
The Russian light military threat in Kosovo is that any action there could lead
to a Russian reaction elsewhere.
The re-engineering of
the Balkans always has assumed that there is no broader geopolitical price
involved. Granting Kosovo independence would put Russia in a position in which
interests that it regards as fundamental are challenged. Even if the West doesn't
see why this should be the case, the Russians have made clear that it is so -
and have made statements essentially locking themselves into a response or
forcing themselves to accept humiliation. Re-engineering a region where there
is no risk is one thing; re-engineering a region where there is substantial
risk is another.
In the end, the West
will postpone independence again, but the Albanians might force the issue by
declaring unilateral independence. The Russians would actually be delighted to
see this. But here is the basic fact: For the United States and its allies, Kosovo
is a side issue of no great importance. For the Russians, it is both a
hot-button issue and a strategic opportunity. The Russians won't roll over this
time. And the asymmetry of perceptions is what crises are made of.
Putin wants to
demonstrate that Russia is a great power. That would influence thinking
throughout the former Soviet Union, sobering eastern Central Europe as well,
and Poland in particular. Confronting the West as an equal and backing it into
a corner is exactly what he would like. In our view, Putin will seize the
Kosovo issue not because it is of value in and of itself but because it gives
him a platform to move his strategic policy forward.
The Germans have
neither the resources nor the appetite for such a crisis. The Americans, bogged
down in the Islamic world, are hardly in a position to deal with a crisis over
Kosovo. The Russian view is that the West has not reviewed its policies in the
Balkans since 1999 and has not grasped that the geopolitics of the situation
have changed. Nor, in our view, has Washington or Berlin grasped that a
confrontation is exactly what the Russians are looking for.
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