Kosovo: Time to forget international law

There are many problems for newly emergent Kosovo which declared its secession from Serbia and proclaimedindependence. These threats include one of secession of a part of the northern region breaking away from the newly emergent Kosovo itself, despite the backing of the mightiestpowers of the world!

The world's mighty powers led by the United States and other NATO countries sponsored the declaration of independence of Kosovo and some have already given it recognition but within Kosovo itself although 90 per cent are ethnic Albanians actively supporting secession, the rest, comprising the Serbs are fiercely resisting it. They are concentrated in the northern part of Kosovo bordering Serbia.

Reactions to secession

Besides Serbia, of which Kosovo has been a province for long years, refuses to recognise the so called independent state and has declared the secession illegal and considers Kosovo still to be a part of their country

Reports last week said that Serb Kosovo police officials failed to show up for work in the Gujilame region and it appeared that they were attempting to fall in line with the policies of the Serbian government proclaimed from Belgrade.

A Reuter report had quoted an unnamed minister in Belgrade saying that the police boycott is a part of Serbia's plan to isolate Kosovo and strengthen the Serbian government's grip on Serbian areas in the territory.

Meanwhile after the declaration of independence Serbian leaders in north Kosovo are calling for the return of Russian peacekeepers. A group called the National Council in the northern city of Mitrovica issued such a call. Russia withdrew its troops from the NATO led Kosovo peacekeeping force in 2003.

Serbia is dependant on Russia, their long standing ally, in this crisis that has already refused to recognise the secession and called it illegal. Dimitry Medvedev the candidate who is running for presidency to succeed Vladimir Putin has already pronounced that the declaration of independence jeopardised the security and stability of the Balkans.

Kosovars' warning

Kosovo's Prime Minister Hashim Thaci has warned Serbia against attempts to control parts of its newly independent territory but Serbs who have rejected secession are seeking the protection of Belgrade. Serbian Prime Minister Vojislav Kostunica has pledged his support to protect areas inhabited by loyal Serbian citizens. Commentators have said that this pledge prompted fears of the partition of Kosovo.

Thus, although the Western powers are backing the independence of Kosovo and have already pledged $ (US) 1 billion to 1.5 billion for the infant state to kick off,much opposition within Kosovo as well as the neighbourhoodisopposing it.

Besides international recognition has yet to come its way. Kosovo became a UN protectorate in 1990 when US backed NATO air strikes drove out Serbian forces which were alleged to be attempting ethnic cleansing of Kosovo. Kosovo has for nine years been under UN control and now the Western powers want the new government of Kosovo to be recognised and this province of Serbia be made an independent state.

But the administrative power will be mainly handled by the head of a team of EU 'viceroys' headed by Peter Feith, the European Union's special supervisor on Kosovo. He will have to persuade UN Secretary General Ban Ki-Moon to hand over Kosovo to the new regime - advised and financed by the EU - over the objections of the Soviet Union.

Is Ban Ki-Moon impartial?

Whether Ban Ki-Moon who was strongly backed by the US and other Western powers for the secretary general's post in the recent elections against other Asian candidates like Sri Lanka's Jayantha Dhanapala is truly independent can be seen on how he reacts to the Kosovo crisis. Whether his suspected loyalties to the US and the West can override a Security Council member with veto powers, Russia, is to be seen. 

It will also be an acid test of Ban Ki-Moon's independence of Western powers which Third World countries should watch.

Commentators are divided over the legality of this declaration of independence. Some point out that the Kosovars have suffered very much, including ethnic cleansing, and that they have been for nine years under UN control and a solution has to be found.

Others point out that other minorities elsewhere have suffered much more for longer such as the Palestinians, Chechnyans, Lebanese, Kurds and minorities in many Third World countries.

Besides the regime of Slobodan Milosevic which was alleged to be responsible for the alleged atrocities is no more and a democratically elected government is in place which has offered the Kosovars maximum autonomy. The Kosovo revolutionary movement which the United States once categorised as a Foreign Terrorist Organisation has now taken control of Kosovo

International law violated

Dimitry Simes, a scholar in Russian affairs who heads the  Nixon Centre, a Washington based NGO, has said that the United States and NATO powers by actively promoting Kosovo's independence and side stepping the UN are violating international law. Sponsoring and recognising Kosovo's independence was wrong and counter productive he has said, pointing out that it violates the Helsinki Final Act (1975) - an agreement that the US uses to criticise Russia and others on human rights violations.

This Helsinki Act was not just about human rights violations but the territorial integrity of European states. After NATO bombing forced Serbia out of Kosovo, the United Nations' Security Council gave the UN jurisdiction over the territory. The US acted arbitrarily setting aside the UN resolution and without changing the resolution beforerecognising Kosovo.

The dismembering of Serbia in no way complies with international law. It also serves as a bad precedent. American triumphalism is wrongly leading Washington to promote NATO membership for Ukraine and Georgia, Simes warns. Most worrisome is that American disregard for Russia's opinion could result in Russia seeking closer ties with Iran particularly on the nuclear issue, Simes has contended.

Another commentator has pointed out that this spirit of liberal intervention had its initial spring board in the Balkans war with the successful American led intervention in Kosovo itself. It was first promulgated by Britain's Tony Blair and lapped up by the neoconservatives of George Bush which led to intervention in Iraq and Afghanistan without UN sanction and to disaster as is now evident.

Mighty military base

Whatever the reasons for US desire for intervention in Kosovo, it has had a beneficial fall out. In Kosovo has come up a NATO base, Bond Steel. This base can house according to official figures 7000 US personnel. Some allege that it is a European Guantanamo facility although no proof has been forthcoming.

It covers 955 acres and has a perimeter of nine miles. US forces have levelled the rolling hills and farmland in this area known as Ferizaj/ Urosevac and shifted 150,000 cubic metres of earth which is equivalent to an American football field 100 feet deep.

Whether this is for the defence of Kosovo or the Americans who desire to set up defence projects in Europeunder the flag of NATO such as the anti missile radar shield in the republic of Slovakia and Poland is anybody's guess.

The US says it is foranticipated missiles from Iran while Russia believes it is aimed at Moscow's missile defences.

Whether Kosovo would remain an independent state or a NATO colony run by EU and NATO officials is to be seen.  The lesson of Kosovo for Third World countries is that they can no longer seek protection under international law. Anything that serves US and NATO purposes can be declared a 'special case' as with Kosovo. A rule based system in international relations is fast disappearing.