Kosovo independence precedent

Source: Wikipedia, the free encyclopedia.
For discussion of the effect of the Kosovo secession on international relations, see International recognition of Kosovo. For discussion over the legality of the Kosovo secession, see Political status of Kosovo.
Map of the Republic of Kosovo

On 17 February 2008, the majority of members of the

Republic of China (Taiwan), and others.[2] This triggered an international debate over whether Kosovo's unilateral declaration of independence had set a precedent in international law that could apply to other separatist movements, or whether it is a special case.[3] The recognition of Kosovo's independence by 101 out of 193 UN states, according to many sources, has given fresh impetus to other separatist movements.[4][5]

It is estimated that a total of 70 unrecognized nations and organizations use the Kosovo precedent to achieve their goals.[6] Abkhazia and South Ossetia renewed their calls for the recognition of their sovereignty. Kosovo's independence also led to increased tensions in Bosnia and Herzegovina, where the Republika Srpska vetoed recognising Kosovo, and threatened to declare independence themselves.[7]

The precedent was cited over the course of the

annexation by Putin's government were also done under the pretext of Kosovo precedent.[11][12]

Arguments

Kosovo does not establish a precedent

Further information: Exceptionalism, Comparative politics, and Comparative law

Some leaders argue that the Kosovo situation is unique and does not establish a precedent.

In a statement issued 19 February 2008 the

UNMIK as reasons for Kosovo being a special case.[15]

UN member states and is not decided by the Secretariat or the Secretary-General.[16]

Kosovo establishes a useful precedent

Some argue that Kosovo establishes a precedent for other geographical regions that wish to secede.

Kosovo establishes a dangerous precedent

A number of political leaders have voiced their belief that the independence of Kosovo will create a dangerous precedent for other separatist movements.

  • Russian President Vladimir Putin described the declaration of independence by Kosovo as a "terrible precedent that will come back to hit the West in the face".[19] Russian Defence Minister Sergei Ivanov and Russian diplomat Konstantin Kosachev said that granting Kosovo independence would open Pandora's box.[20]
  • Argentine Foreign Minister Jorge Taiana: "Recognizing Kosovo's independence ... would set a dangerous precedent against the national claim to recover sovereignty over the Malvinas islands."[21]
  • The Sri Lankan foreign ministry said Kosovo "could set an unmanageable precedent in the conduct of international relations, the established global order of sovereign states and could thus pose a grave threat to international peace and security."[22]
  • Czech Republic President Václav Klaus: "For me Kosovo is, above all, a precedent. We’ve opened a Pandora’s Box in Europe that could have disastrous consequences."[23]
  • The Indian Ambassador to Serbia Ajay Swarup: Kosovo "can set a very dangerous precedent for similar cases around the world".[24]
  • President Kassym-Jomart Tokayev of Kazakhstan: "If the right to self-determination is put into practice all over the world, then there would be chaos."[25]
  • President Amadou Toumani Touré of Mali: "International norms must be respected because their abuse and the violation of territorial integrity could threaten a series of countries with a similar problem."[26]
  • Romanian President Traian Băsescu stated that "the problem that started with Kosovo must be stopped", otherwise it would result in "big problems of territorial integrity" in the Balkans, the Black Sea region and other parts of Europe.[27]
  • Slovakian Prime Minister Robert Fico: Kosovo may become a dangerous precedent to be followed by separatists in other regions.[28]
  • Tajikistan Foreign Minister Asomudin Saidov: "This precedent may result in other peoples also demanding territorial independence."[29]
  • Ukrainian Foreign Minister
    frozen conflicts’ and undoubtedly, separate forces can use what’s happening today in Kosovo in its favor in whatever way."[30]
  • Vietnam's Ambassador to the United Nations Le Luong Minh: "By creating a dangerous precedent, this development has negative implications for international peace and stability,"[31]

To minimize a serious influence of Kosovo Precedent to the solution of other conflicts, the

OSCE Parliamentary Assembly held in Kyiv in July 2007 issued a warning that "solution of certain conflicts should not be used as a model for the solution of other conflicts".[32]

Position of the Russian Federation

See also: Frozen conflict and Russia's reaction to the 2008 Kosovo declaration of independence

Russian President

former Soviet Union.[33]

Nagorno-Karabakh Republic and Transnistria".[34]

Immediately following Kosovo's declaration of independence the Russian officials appeared to soften their position, with Boris Gryzlov stating only that Moscow should "reshape its relations with self-proclaimed republics" which according to news reports could mean lifting the economic embargo on the regions.[35]

On 13 March 2008, following a hearing on the unrecognised republics, the Russian Duma Committee for CIS recommended an upgrading of relations with Abkhazia, Transnistria, the Nagorno-Karabakh Republic and South Ossetia - including the possibility of recognition. Other recommendations included or reported include:

  • the establishment of diplomatic missions in the regions, with the foreign ministry to decide whether they are consulates or another type of mission
  • a removal of import duties on goods created by businesses with Russian shareholders in the regions
  • increased humanitarian and economic assistance for Russian passport-holders in the regions

Alexei Ostrovsky, chairman of the lower house's committee on former Soviet affairs said at the parliamentary hearing, "The world community should understand that from now on the resolution of conflicts in the ex-Soviet area cannot be seen in any other context from that of Kosovo."[36][37] Participation of the breakaway republics in international organisations and forums was also mentioned in a press release before the hearings.[38] The Nezavisimaya Gazeta daily described the hearing as "the launch of a procedure of recognition". The committee recommendations were set to go to a vote a week after the hearing. Russian Deputy Foreign Minister Grigory Karasin said the ministry would "look carefully at all the recommendations" but that Russian policy remained unchanged.[36]

Russian Foreign Minister Sergey Lavrov stated in 2008: "A precedent is objectively created not just for South Ossetia and Abkhazia but also for an estimated 200 territories around the world. If someone is allowed to do something, many others will expect similar treatment."[39] Chairman of Foreign Affairs Committee Mikhail Margelov said the precedent set by Kosovo "will inspire separatists not only in Europe, but in the Middle East as well."[40]

Alleged influence of events

Russo-Ukrainian War

Further information: Russo-Ukrainian War, United Nations General Assembly Resolution 68/262, and Declaration of Independence of the Republic of Crimea
Map of Crimea, including the Sevastopol region which was included in the independence declaration on 11 March 2014.

In 2014, Russia recognized Crimean independence, but not that of Kosovo.[8] Later, in February 2022 Vladimir Putin, President of Russia has cited Kosovo precedent as justification for Russian recognition of the Donetsk People's Republic and the Luhansk People's Republic.[11][12]

Chris Borgen, Professor of Law and Co-Director of the Center for International and Comparative Law at St. John's University School of Law in New York City, disagreed with Kremlin's evocation of Kosovo. He stated that Kosovo was under international administration for over a decade, and was the place of ethnic crimes in a bloody conflict; conversely, no such events engulfed Crimea before 2014. Furthermore, Kosovo remained independent, whereas Crimea was annexed by Russia, indicating that the real motivation of the latter was Russian irredentism.[41][42]

In October 2017,

double standards'.[43]

Georgia, Abkhazia and South Ossetia

Map of Georgia showing the autonomous republics of Abkhazia (de facto independent) and Adjaria, and the de facto independent region of South Ossetia.

EU High Representative for Common Foreign and Security Policy Javier Solana has expressed concern that Kosovo's campaign for independence could set a precedent for Georgia's breakaway regions of South Ossetia and Abkhazia.[44] On 6 March 2008 Russia's Foreign Ministry announced it had lifted sanctions on Abkhazia and called on other CIS member states to do the same. Russia denied the event had any connection to Kosovo, but Georgian parliament speaker Nino Burjanadze said she believed the move was part of Russia's response to Kosovo's declaration and signals an attempt to "annex" Abkhazia.[45][46]

South Ossetia, Abkhazia, and Transnistria have all submitted formal requests for recognition of their independence to Russia, among other countries, and international organisations citing Kosovo as a precedent.[47][48]

Abkhazia's Sergei Bagapsh and South Ossetia's Eduard Kokoity said in a statement addressed to the United Nations: "If Kosovo is separated from Serbia and its independence is recognised, one more powerful proof will emerge that ethnic conflicts can be solved on principles other than a respect for territorial integrity ... Abkhazia and South Ossetia have just as strong grounds to demand independence as Kosovo."[49] Separately, Sergey Bagapsh said "The fate of Kosovo has been ordained, thus our fate will also be determined in the nearest future."[50]

In October 2009, Russian President Dmitry Medvedev said that parallels between Kosovo and South Ossetia are inappropriate. Medvedev said that in case of South Ossetia it was about repelling a military aggression and condemned the unilateral actions and recognition of Kosovo.[51]

Armenia, Azerbaijan, Artsakh

The final borders of the conflict after the 1994 ceasefire was signed.

Vardan Oskanyan declared at the UN General Assembly session in October 2007 that the Armenian side “does not understand and cannot accept the reverse logic that Kosovo was given independence and that another nation cannot obtain self-determination."[52] Before being elected president, Armenian prime-minister Serzh Sargsyan said Kosovo was not a precedent for Karabakh. He underlined that Nagorno-Karabakh has been independent for the past 17 years.[53] However, former President of Armenia Robert Kocharyan said "The Kosovo precedent is too important for Armenia. Certainly, this will have a positive influence for recognition of independence of Nagorno Karabakh Republic".[54]

An Azerbaijan Foreign Ministry spokesman has said of Kosovo: "We view this illegal act as being in contradiction with international law."[55] Following a skirmish between Armenian military forces in Nagorno-Karabakh and Azerbaijan forces which left 4 Azeri and 12 Armenian soldiers dead, Azerbaijan said it was sparked by international recognition of Kosovo. US State Department Spokesman Tom Casey rejected the comparison stating "'[Kosovo's] status was managed under a specific U.N. Security Council resolution, with an understanding in that resolution that final status was something that was going to be decided by the international community at an appropriate time," Casey said, adding "Kosovo is not a precedent and should [not] be seen as a precedent for any other place out there in the world. It certainly isn't a precedent for Nagorno-Karabakh."[56]

Moldova and Transnistria

Map of Transnistria

The then president of the unrecognised state of Transnistria Igor Smirnov said that "the Russian leadership, in recognising the independence of Abkhazia and South Ossetia, has underlined the priority of the expression of the wills of the people for solving such problems".

On 27 August, the day after Russia's recognition,

Republic of Moldova. Relations between Moldova and Transnistria worsened after Moldova refused to support the independence of Abkhazia and South Ossetia, which Chișinău categorically rejected, considering that "as in the case of the recognition of Kosovo, this step only decreases amenability of the sides in the search for a compromise".[57]

Republika Srpska

Main article:
Secession of Republika Srpska
Location of Republika Srpska (yellow) in Bosnia and Herzegovina
.

According to a poll of

Bosnian Serbs taken by the Brussels-based Gallup Balkan Monitor in November 2010, 87 percent would support a referendum being called on Republika Srpska's independence from Bosnia and Herzegovina.[58]

Since Kosovo's declaration of independence Bosnian Serb nationalists have called for Dodik to fulfill his promises and call a referendum. Dodik has since said he will only call a referendum if Srpska's autonomy is threatened.

Bonn Powers "if there are threats to peace and stability" or the Dayton peace agreement.[63]

In an interview, Dodik said if most countries recognise Kosovo's self-proclaimed independence, this would legitimise the right to secession and added "we do not see a single reason why we should not be granted the right to self-determination, the right envisaged in international conventions."[64]

Montenegro

Members of the majority in the municipal assembly of Pljevlja in Montenegro announced a secession from Montenegro following the Montenegrin recognition of Kosovo.[65]

Northern Cyprus

The northern part areas are administered by Turkish Cypriots.

Özdil Nami, a senior

North Cyprus well. According to Nami, "Everyone sees 2008 as the last window of opportunity for a solution to the Cyprus problem." He claims Cyprus is being warned that "other alternatives could be on the agenda" if there is no resolution.[66] Turkish Cypriot leader Mehmet Ali Talat has rejected this connection saying "We do not see a direct link between the situation in Kosovo and the Cyprus Problem. These problems have come up through different conditions."[67]

Slovakia

In Slovakia the Kosovo precedent is seen as a potential threat to its territorial integrity because of the worsened relations with the ethnic Hungarians that live on the south of the country.[68]

Israel

See also: Palestinian self-determination

On 20 February 2008, days following Kosovo's declaration of independence, it was widely interpreted in Israel, from Yasser Abed Rabos comments, that Palestine may follow suit with a declaration of its own. Israel has criticized states that have recognized Palestine but refuse to recognize Kosovo, and stated that Israel will not recognize Kosovo until all European states do so.[69] However, in September 2020, Israel did recognize Kosovo.

Spain, Catalonia

Further information:
Catalan independence

North Kosovo

Main article: North Kosovo
Map highlighting North Kosovo municipalities.

Since the independence declaration, the Serb-inhabited North Kosovo, through its municipalities and subsequently the Assembly of the Community of Municipalities, was de facto independent during the North Kosovo crisis, until the Brussels Agreement (2013). In 2012, a referendum saw 99.74% of voters reject the Republic of Kosovo. A planned Community of Serb Municipalities is set to be formed.

See also

References

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  2. ^ Hsu, Jenny W (2008-02-20). "Taiwan officially recognizes Kosovo". Taipei Times. Retrieved 2008-05-13.
  3. ^ "The Kosovo Precedent". Prospect Magazine. April 2008. Retrieved 2009-04-13.
  4. ^ "Republic of Palau suspends recognition of Kosovo".
  5. ^ Timothy Garton Ash (2008-02-21). "The Kosovo precedent". Los Angeles Times. Retrieved 2009-04-09.
  6. ISBN 978-0-85793-398-0
    . The Unrepresented Nations and Peoples Organisation, a group of some 70 members from Abkhazia over Kurdistan to Zanzibar is and will be using the Kosovo precedent to pursue its objectives.
  7. ^ "Bosnian Serbs Threaten Secession Over Kosovo". Javno. 2008-02-22. Archived from the original on 2008-04-08. Retrieved 2009-04-09.
  8. ^ a b "How similar _ or not _ are Crimea and Kosovo?". abcnews.go.com. Archived from the original on March 23, 2014.
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  23. ^ Czech, Slovak presidents: Kosovo sets precedent Archived 2011-06-07 at the Wayback Machine, b92, March 11, 2008
  24. ^ "Ambassador: India's Kosovo stand consistent". B92.net. 2008-03-31. Archived from the original on 2011-06-07. Retrieved 2010-04-28.
  25. ^ Kussainova, Meiramgul (17 June 2022). "Kazakhstan will not recognize Donetsk, Luhansk as independent states, says president". Anadolu Agency. Retrieved 28 April 2022.
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  27. ^ "West Slammed". DW. 2008-08-23. Retrieved 2023-04-28.
  28. ^ "World's Reaction to Declaration of Kosovo's Independence". News.trend.az. Retrieved 2010-04-28.[permanent dead link]
  29. ^ "Таджикистан не признает независимость Косово и считает ее опасной для Европы". Afn.by. 2008-02-19. Retrieved 2010-04-28.
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  32. ISBN 978-1-60750-683-6
    . The influence of the Kosovo precedent is so serious that the declaration of the summit of the OSCE Parliamentary Assembly in Kyiv on 9 July 2007 contained a warning that solution of certain conflicts should not be used as a model for the...
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  34. The Tiraspol Times
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    on 2008-07-06. Retrieved 2008-03-13.
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  42. ISSN 2375-2831
    . The recognition of Crimea by Russia was the legal fig leaf which allowed Russia to say that it did not annex Crimea from Ukraine, rather the Republic of Crimea exercised its sovereign powers in seeking a merge with Russia
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  46. Radio Free Europe
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  48. Tiraspol Times
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  49. ^ Georgia breakaway provinces eye Kosovo as precedent, Reuters, June 4, 2007
  50. ^ Bagapsh: International recognition of Abkhazia sure to follow Kosovo precedent, Messenger.ge, August 1, 2007
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  52. The Tiraspol Times
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  56. Voice of America News
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  57. ^ "Медведев встречается с нацеленным на независимость лидером Приднестровья, чтобы урегулировать конфликт". Newsru.com. 3 September 2008. Retrieved 2010-04-28.
  58. ^ "Za nezavisnu RS 88 odsto građana -- poll". Gallup Balkan Monitor. 2010-11-19.
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  65. ^ Скупштина Црне Горе о демонстрацијама (in Serbian). Rts.rs. 2008-10-15. Retrieved 2010-04-28.
  66. ^ a b "Turkish paper: North Cyprus eyes Kosovo outcome". b92.net/. B92 (Belgrade). 2007-12-27. Archived from the original on 2008-01-06. Retrieved 2007-12-28.
  67. ^ "A united Cyprus: first fruit of Kosovo's independence?". New Kosova Report. 2008-03-29. Archived from the original on 2008-04-03. Retrieved 2008-03-29.
  68. ^ International Affairs. Znanye Publishing House. 2008. p. 152. During the last year or two years, relations between the leadership of Slovakia and the native ethnic Hungarians, who live in close-knit communities in the country's south, have worsened once again, for which reason the Kosovo precedent is viewed in Slovakia as a potential treat to territorial integrity of the comparatively young Slovak state.
  69. ^ "Israel Dismisses Talk of Recognizing Kosovo". Balkan Insight. 29 June 2011.

Further reading

  • Jia, Bing Bing. "The independence of Kosovo: A unique case of secession?." Chinese Journal of International Law 8.1 (2009): 27–46.
  • Allin, Dana H. "Unintended consequences–managing Kosovo independence." What Status for Kosovo (2001): 7-17.
  • Charney, Jonathan I. "Self-Determination: Chechnya, Kosovo, and East Timor." Vand. J. Transnatl. L. 34 (2001): 455.
  • Nevo, Zohar, and Tamar Megiddo. "Lessons From Kosovo: The Law of Statehood and Palestinian Unilateral Independence." J. Int'l L & Int'l Rel. 5 (2009): 89.
  • Faulconbridge, Guy, March MOSCOW, and South Ossetia. "Georgia rebel region seeks recognition after Kosovo." Reuters (2008).
  • Müllerson, Rein. "Precedents in the mountains: on the parallels and uniqueness of the cases of Kosovo, South Ossetia and Abkhazia." Chinese Journal of International Law 8.1 (2009): 2-25.
  • Berg, Eiki. "Re-examining sovereignty claims in changing territorialities: reflections from ‘Kosovo Syndrome’." Geopolitics 14.2 (2009): 219-234.
  • McNamara, Sally. "Russia’s Recognition of Independence for South Ossetia and Abkhazia Is Illegitimate: They Are Not Kosovo." Heritage Foundation WebMemo 2037 (2008): 28.
  • Summers, James, ed. Kosovo: A Precedent?: The Declaration of Independence, the Advisory Opinion and Implications for Statehood, Self-Determination and Minority Rights. Brill, 2011.
  • Borgen, Christopher J. "From Kosovo to Catalonia: Separatism and Integration in Europe." Goettingen J. Int'l L. 2 (2010): 997.

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Kosovo_independence_precedent&oldid=1214347721"