CEU eTD Collection A DISSERTATION SUBMITTED IN PARTIAL FULFILMENT OF THE DEGREE INTERNATIONAL RELATIONS AND EUROPEAN STUDIES DEPARTMENT T MASTER OFANDARTS INTERNATIONALRELATIONS MASTER EUROPEAN IN HE R ECOGNITION OF CENTRAL EUROPEAN UNIVERSITY SUPERVISOR: DR. PAUL ROE BUDAPEST, HUNGARY BUDAPEST, ARMEND BEHLULI (15.629 WORDS)(15.629 4 JUNE2009 STUDIES S BY TATES: C ASE OF K OSOVO CEU eTD Collection position and recognize Kosovo asasovereign and independent state. its change community international the made therefore and authority, Serbia’s under violence, and genocide which madeimpossible it for Kosovo Albanians return to back massive discrimination, exclusion, out repression, carried regimeMilosevic which Ahtissari as issue status unresolved last the close would Kosovo of secession issue; closed plan. recognizedecidedKosovo in becausebreaka 2008 is the upof to not Yugoslavia was Moreover, considering community notrecognizedid in Kosovo 1991 butit recognized in 2008. international the why reason the provides It Kosovo. of recognition the particularly that Kosovo Yugoslav former This legal explainsthe recognition republics, elements. the of thesis and Albanians political becausethe of law literature international the among concept complex suffered underABSTRACT the The argument of this thesis is that the reason why the international community and a difficult as isconsidered states of recognition of the The concept i CEU eTD Collection ….To mysister Alisa …… To my parents And ii CEU eTD Collection APPENDIX:...... 59 BIBLIOGRAPHY...... 55 CONCLUSION...... 53 CHAPTER 3: RECOGNITION ...... 40 OF KOSOVO DENIAL OF THE RIGHT TO SELF-DETERMINATION OF KOSOVO ALBANIANS...... 21 CHAPTER 2: A HISTORICAL OVERVIEW OF KOSOVO IN THE 20 IN THE OVERVIEWOFKOSOVO A 2: HISTORICAL CHAPTER CHAPTER I: EXISTING LITERATURE REVIEW AND RESEARCH GAP...... 7 INTRODUCTION...... 1 Table ofcontent 3.5 3.4 3.3 3.2 3.1 Y 2.4 M 2.3 2.2 2.1 1.6 1.5 U 1.4 1.3 1.2 1.2 1.1 NITED UGOSLAVIA ILOSEVIC REGIME ILOSEVIC R A F T T N D E K T T R R T D R INAL STATUS OF STATUS INAL HE HE LAST RESORT HE LAST VENTS IN HE HE HE ECOGNITION OF ECOGNITION OF THE ECOGNITION OF ULES OF ECOGNITION CONCEPT ECOGNITION HTISSARI PLAN VERSUS HTISSARI PLAN ON ECLARATION OFTHE OSOVO ECLARATORY AND N UN -R C C N ASEOF ASEOF ATIONS EW ECOGNITION OF ’ S S STATUS WITHIN THE ...... 34 P ECURITY R K RACTICE OF RACTICE ECOGNITION OSOVO DURING OSOVO K M ...... 9 OSOVO AND OSOVO THE ACEDONIA ACEDONIA ANDITS ...... 27 K K - OSOVO AND THE LEGAL AND POLITICAL EFFECTS AND ANDPOLITICAL THE LEGAL OSOVO C OSOVO ANDOSOVO NATO C OUNCIL N ONSTITUTIVE ‘K K R ...... 7 EW ...... 10 OSOVO OSOVA B ECOGNITION AND THE ECOGNITION ADINTER I S NTERVENTION IN NTERVENTION (1980 TATES OF TATES THE R ESOLUTION SFRY ’ M R S DECLARATION OF INDEPENDENCE OF DECLARATION S R EASONS FOR EASONS ARTI EPUBLIC - D T 1989) ...... 47 ISPUTES WITH HEORIES C A ONSTITUTIONS OF ONSTITUTIONS HTISAARY AND 1244 ’ USSR IN iii K ...... 8 1990 N OSOVO I A AND THE MPORTANCE OF MPORTANCE ON BOLITION OF BOLITION AND G - AND P RECOGNITION IN RECOGNITION REECE LAN 99...... 40 1999 F ORMER K E ...... 43 1946; OSOVA STABLISHMENTOF ...... 14 K Y OSOVO A 1963 UGOSLAV DMISSION OF DMISSION I NDEPENDENCE IN NDEPENDENCE ...... 50 (1991) 1990...... 16 AND TH ’ S CENTURYAND A 94...... 21 1974 FROM THE FORMER THE FROM UTONOMY BY THE UTONOMY R EPUBLICS NI ...... 41 UNMIK S TATES IN THE 1991...... 31 ...... 11 CEU eTD Collection in undertaking decisions whether or not to recognize an entity as a state. a as entity an recognize to not or whether decisions undertaking in by sometimes legal influenced moreinstruments states independence, than politics are from its declares When an entity be separated cannot politics. this concept the disintegration of Yugoslavia was formally legalized. What we have to bear in bear to have we What legalized. formally was Yugoslavia of disintegration the international recognition achieved theirindependence and declared Macedonia and Bosnia andHerzegovina as a result of the Arbitration of the towards recognitionin Kosovo of 2008. Badinter Commission, of namely from non-recognition 1991 therecognition process, thentrace thesis will from composition the of in SFRY thedecomposition 1945 to SFRYinof 90s. This in the international agenda, and remains an ongoing issue of our era. hasa hottopic become recognition international then, Since recognition. international which received were created newstates (SFRY)many Yugoslavia of Republics Federal Socialist the of followed bydisintegration Republics Soviet(USSR), Socialist whichof setforthstates, theprinciplesby and criteria overrides law.international recognition the on decision political the by challenged sometimes is law international mixture of politics, international law and municipal law.’ municipal and law international politics, of mixture issues ‘because amongcomplicated theinternational literature law itis aconfusing Introduction 3 2 York, Seventh edition 1997, p, 82. 1 Kosova the is term in Albanian,while Kosovo is used inSerbian and English. Ibid, p, 82. Peter Malanczuk, AKEHURST’S, ‘Modern Introduction to International Law’, Routledge, New When most of the republics of the former SFRY, such as Slovenia, Croatia, of Kosovo/Kosova, story interesting is an outline to seeks thesis this What After the end of the cold war, especially with the disintegration of the United The phenomenon of the recognition of states is considered one of the most 1 1 The reality has shown that shown has reality The 2 Therefore, 3 CEU eTD Collection Ahtisari (Nobel price winner of Serbs agreementbetween Ahtisari an toreach winnerof price 2009). Unable (Nobel Finland, Marti of former aspecial President the envoy, appointed Security Council UN the of General Secretary the of Kosovo, legal status and political the determine Republic Yugoslavia, of was tobedecided which by Security the to Council. Inorder community,Kosovo wouldbe given a substantial autonomy within Federal the international the by administrated be would Kosovo that fact the despite resolution, called UNMIK called Council Resolution under UNMIK Security 1244. 1999 through NATO intervention; Nations in United the mission deployed its Kosovo Albanians. and cleansingKosovo massacres against ethnic genocide, out carried which facing regime the years morelasted than ten which Albanians starting with abolitionthe Kosovo’sof autonomy in 1999,1989 to aperiod launchedunder violence hiscampaignof theMilosevic, whoagainst regime of issue unsolved status Kosovo’s left it way in this republics, the for found it as Kosovo which Kosovo was not thein in with recognition republics, rejected the because of ECwasdealing 1991, the case. But the EC also was unable to find a of solutionKosovo’s independence. for of result a as this the possibly EC Badinter Commission community, explicitly responded with a international rejection the of recognition integrity, territorial its of part as condemned illegal and by declared because namely Yugoslavia, Serbiaitconsidered getsame republics same the didnot path Kosovo’s independenceas was results. the fact that Kosovo wasmind is interestingthe herestarts that Kosovo, from story 2008.Despiteof to 1990s part of the 90s events in Yugoslavia, and went along the http://bjoerna.dk/kosova/UN-SC-Res-1244.htm 4 See, United Nations Security Council Resolution 1244 on Kosovo, adopted on 10 It became an even more important issue, after ending the war in Kosovo in in Kosovo war the ending after issue, important more even an became It was independence Kosovo’s why reason the examine to important is It 2 4 According this to th June June 1999. CEU eTD Collection the former Yugoslav Federation which was already already formerthe Federation dissolved. which was Yugoslav plan’. independence for that known‘Ahtisary’sbe granted Kosovo/Albanians shouldas and Albanians Ahtissari overwith came a Comprehensive concludedProposal who as well, finally Kosovo was the last Yugoslavia placefrom to seceded secede that means from Yugoslavia.basically which Montenegro,’ ‘Serbia from seceded Montenegro 1990s, in thisperiod Bosnia and Herzegovina, Macedoniaand seceded from Yugoslavia, then 7 17:20, 6 5 Autonomous Provinces, which becould not recognized)? only republics were qualifiedfor recognition, while Kosovo was one of the Yugoslav recognition Kosovo (whileof reason for non-recognition the in1991 becausewas international community change its mind andshift from non-recognition to independencerecognize in Kosovo’s 1991butmade recognizeditin 2008?What the is of needed. Kosovo investigation of recognition the why an above arereasons points illustrated important All states. these of UN member by out 192 recognized60 andformallyKosovo, hasand until France, recognized present time been Kosovo the the most powerful and democratic countries in the world, among them the U.S, UK by individual recognition Kosovo. Only of a dayafter its declaration of independence, from recognition independence,different towards 1991, reacted response Kosovo’s of independent state, andsovereign independence. Kosovo’s approval for table Council’s Security the to went never warnedshe that useher wasgoing For this to veto. plan Ahtisary’s reason, proposed independenceregardingpossible Kosovo’s be wasnot because passed, to Russia permanent member of the UN Security Council with veto rights, the Resolution The dissolution of Yugoslavia started with Croatian and Slovenia declaration of Independence in ofIndependence declaration Slovenia and Croatian with started of Yugoslavia dissolution The See the Kosovo Declaration of Independence by the Assembly of Kosovo, Sunday, Marti Ahtisari plan, UNSC 17.02.2008, Doc. S/2007/168, 26 March 2008. 5 http://www.assembly-kosova.org/?krye=news&newsid=1635&lang=en Considering which Serbia’s rejection, and asSerbia’s is Russia, protector a Therefore, the research question research the Therefore, But the Assembly of Kosovo on 17 6 thus Kosovo became the last place to secede from is why the international community did not did community international the is why 3 th February 2008declared February Kosovo an 7 This time the world CEU eTD Collection 8 of former the particularly recognition Yugoslavia. states after the cold new practiceof recognition the of many about scholarstalk Furthermore, recognition. war, such of rules as general the and the theories explain recognition explicitly which articles journal and books of the USSR, such as Lawliterature, International the review Czechoslovakia slightly thesis will the part The first thesis. the of chapters three in the be used will andin which analyses, qualitative purely becontains used.This will research sources combines andsecondary thatone primary state. independent and sovereign a as Kosovo recognize and position its change community international Albanians return back authority,to undermade Serbia’s and therefore the discrimination, violence, andgenocide violence, discrimination, massive exclusion, out repression, carried which RegimeunderMilosevic the British Prime Ministeras the issue status unresolved last the close would Kosovo of secession issue, closed said. Moreover, considering recognizedecidedKosovo in becausebreaka 2008 is the upof to not Yugoslavia was that Kosovowhich included also However, Kosovo. reason the why international the community Albanians suffereddid not have a territorial claim and did not control their population and territory, it in words referred toall in and andHerzegovina), thatother Croatia entities Bosnia right to self-determination of Serbs outside Serbiais limited (forinstance Serb entities the that states thisexplicitly states, of new Guidelines onthe recognition According to territory. of Serbia’s aspart Kosovo considered it wasbecause Commission, theBadinter namely community, in by international the 1991 was rejected UNSC Doc.S/2007/168, 26 March 2008, p,2. Overview of Argument the of Overview In order to answer the question posed in this thesis, an assorted methodology answerIn orderto inthisanassorted question the thesis, posed - The specific reason why Kosovo’s independencewhy Kosovo’s -The reason specific 8 ; which made it impossible for Kosovo for impossible it made ; which 4 , CEU eTD Collection international community and the reason why the international community decided to decided community international the why reason the and community international Commision. the Badinter by EC,namely the Kosovo of ofnon-recognition consequences Republic’ in 1990and Kosova independence in the 1991 and reason and of ‘Kosova declaration on focuses the explicitly chapter Finally, the from SFRY. the Albanians demanding Republic aKosovo whichwould secession lead them towards of dreams major the of one was it though even Kosovo, of non-recognition about in 1974,whichtalks 1989.Mainly,constitution 1963 tothelastwasabolished of of improvements status the Kosovo under of Yugoslav the from Constitution 1946; from the composition of SFRY to its decomposition. It offers insights into the recognition of formerthe including Yugoslavia, Kosovo. here special attention to with the recognitionwill beof USSR, Czechoslovakia about review literature of the part second the inUN.Moreover, the newstates of admission and law, international in recognition of importance the theories, constitutive and here declaratory the including literature, Law International by the general explained in states of recognition concerning literature the existing and analyse will present plan and sources on the individual recognition of Kosovo. Ahtissati as known document important most the namely independence, Kosovo’s of primary suchas concerningsources newspapers,newsand documents declaration the Yugoslavia andits break-up.The former thirdlast and part of thesisthis will mostly the deal with of documents original and article books, namely literature, political The concludesKosovo’s independence chapter third of bythe recognition the of SFRY,Kosovo under the background historical offers a The chapter second be structured will thesis the Accordingly, and legal historical, of a combination utilise will thesis the of part second The 5 in three chapters. The first chapter The first chapters. in three CEU eTD Collection democratic index of the countries which formally recognized Kosovo. formally index recognized which of countries the democratic countries havenot.The importancewhich of appendix showthe dateand is the to the tables of countries havewhich formally recognized Kosovo’sindependence and recognizeindividually. Kosovo Finally, is attached an appendix which two contains 6 CEU eTD Collection Entities,’ community.’ member of international the as a newstate deal the with to means awillingness ‘recognition says that Malanczuk inthis recognizeway anewstate, notto or states startfacingwith whether problems have legal consequences.’ bylegal states buttheirare influencedmoredo considerations, bypolitical acts than recognition ‘whengranting orwithholding beseparated; instruments cannot political law.’ municipal and law international politics, of mixture is a it ‘because law, international the International Law,’ concept 1.1 Recognition Croatia, Bosnia andHerzegovina, Macedonia, and non recognition Kosovo. of recognitionabout the in formerthe of Yugoslav 1990ssuch asSlovenia, republics in particular have written authors some as recognition form of discus practical the partof it. it Then will asanintegrated thelegal literature, been mostly within dealt has sincerecognition Law perspective, International in from the starting general, 11 10 York, Seventh edition 1997, p, 82. 9 Peter Malanczuk, AKEHURST’S, ‘Modern Introduction to International Law’, Routledge, New Ibid, p, 83. Ibid, p, 82. CHAPTER I: EXISTING LITERATUREI: EXISTING REVIEW ANDCHAPTER Carter Trimble in his chapter on chapter his in Trimble Carter MalanczukPeter in his AKEHURST’S, book of recognition aoverviewof the states short provide will review This literature speaks recognition about andstates of governments from International the 9 In other words,recognitionIn other is a difficultbecausesubject legal and says that Recognition is one of the most complicated subjects in subjects complicated most is of the one Recognition saysthat 10 He argues that once a state comes into existence, other existence, comesinto astate once that Heargues RESEARCH GAP 11 7 ‘States andOther Major International ‘Modern Introductionto CEU eTD Collection 15 15 p.11. 2007, England, Ltd, Published, Ashgate states in International inLaw. states International of theposition clarify these criteria other states; with relations into enter capacity to and government; defined territory; a population; a permanent suchas: Convention as a state or not, that is, either the state meets the Montevideo Convention’s criteria or criteria Convention’s Montevideo meetsthe state the is, either not,that or as astate rightson and should be duties hereas applied well. states.’ byother such theory, ‘anentity is notastate in international lawis unlessit generally as recognized constitutive According to is ‘constitutive.’ therefore recognition creation states; of inrole the significant plays a recognition argues that theory theory, Constitutive requirements, it is a duty of other states to accept it as such. In contrast to declaratory criteria and rights on duties United charter, Nations only ‘declaratory.’ is states by declaratory recognition other theory, According to constitutive theories. It argues that a state and asdeclaratory such views, from different of recognition matter the over is an entity that fulfils the standards of theTheories Constitutive and 1.2 Declaratory statehood.’ for qualifies entity the that state another by acknowledgment formal a is state a of ‘recognition argues Carter that concept recognition In regardtothe Legal perspective. 14 13 Czechoslovakia), International Law, Little Brown, Boston, 1991, p.421. Yugoslavia, Union, Soviet (Germany, succession state recognition of concerning practice Effects Recent now. and then of governments. non-recognition and Recognition favour? of political obligation Entities. The attributes of states, Constitutive and declarative theories of state recognition. Legal 12 Ibid, p, 417. Carter Trimble,p, 421. Alexander Papkovic & PeterRadan, Ibid, p.417. Carter Trimble, ‘Recognitionof states and governments,’ States and Other Major International Both theories raise the question whether there is a duty to recognize an entity an recognize to duty a is there whether question the raise theories Both argue that theories two are there literature Legal in International Moreover, 12 15 Some scholars within the constitutive theory argue that criteria 14 According to declaratory theory, after a state meets these ‘Creating New States,’ 8 Theory and Practice of Secession, of Practice and Theory 13 foundin 1933Montevideothe CEU eTD Collection [and] is an optional and political act.’ is of state, recognition ‘apublic act recognition, that hestresses legal concerning duty is no there argues Brownlie International Law, to According as astate. entity another not. Many scholars claim that none of the states are under obligation to recognize 19 18 International Community,’Voulume 9, Number3, 1998, p, 491. 17 International Law,’this quotation is taken from Carter Trimble’s book,‘International Law,’ p.417. 16 traditional international principle law.’ of public to former andthe new UN,‘haveoverridden of the USSR the Yugoslavia states’ International Community,’ Nations United the in States of Admission of Importance and the Recognition of NewPractice 1.2 The of states by way of co-option.’ community organized globally of the it part but‘becomes also anewstate, itbecome does only not UN, tothe admission gets after candidate the that states Hillgurber UN, subject of international law.’ international of subject international under law, isentity it becomes ‘legal status and a a recognized gains the importance that recognitionHillgurber explains Convention Furthermore, was Montevideo above. explained as and admission inthe fulfil of has criteria the to because astate newstates of increation role significant the UN have a play for not does and a ‘declarative’ state.is recognition that claim does theory Oncedeclaratory an while collective, then first, recognition individual acquired UN the to admissions their before explain Yugoslav former countries the new states; of failed to recognition the Ibid, p.429. Ibid, p, 492. the to States of New Admission ‘The Law, ofInternational Journal European Hillgruber, Christian See Professor what Brownlie argues regarding recognition, in bookhis ‘Principles of Public Christian Hillgruber, writing in writing Hillgruber, Christian explicitly argues that the new practice of recognition of the 18 19 While regarding admission of the new states to the ofthenewstates admission While regarding 16 9 ‘The AdmissionofNew States tothe 17 He believes that declaratory theory declaratory that believes He CEU eTD Collection secession. a to bring state the may possibly secession’ of declaration ‘unconstitutional noted that unilateral court secession, the to In regard Quebec. secession of the regarding Court Supreme Canadian the of decision the on statement this bases Shaw claim.’ law international the of validation of process international an as seen be may recognized.’ be internationally to need law, in necessarily not if practice, ‘in which, view, of point international the from claims examine secession is to focus His to secession. respect with of recognition rules aswellprovidinggeneral a numberforms of andtrends aboutrecognition, of secession and for issecession a country wouldof a seen which causeconsequences as precedent Shaw recognition be to according in recognition, can extended, refused of case individual by recognition, individual states. call or for to obstruct either with decides voice, together one regard to recognition acts in community international the that cases fifth, the finally and scrutiny’; international to subject is itself which process to extent the the fourth, activity; this exercise of the may asconditioning beseen criteriathe that so act; third, to state recognizing rightthe the of second, be recognized; to expectation a reasonable least at the international law. itor is domestic the whether against notwithstanding of Recognition 1.3 Rules 24 23 22 21 Netherlands, 2003,p. 243. 20 Ibid, p. 244. Ibid. p. 245. Ibid. p.245. Ibid, p.243. Julie Dahlitz, Secession and International Law, Conflict Avoidance, T.M.C. ASSER PRESS, The Considering that there are two forms of recognition, individual and collective and individual recognition, of forms two are there that Considering Shaw five involvedcounts elements if in ‘first, recognition: isa there or right ‘ book Dahlitz’s Shaw inJulia Malcom 22 In this way, ‘recognition could validate an effective secession’ an validate effective could ‘recognition Inthis way, 20 AccordingShaw, this to how ‘recognition is 10 24 Secession Law,’ andInternational 23 de facto talks 21 CEU eTD Collection in theTwenty-First Century member,’ asanew were admitted countries fourteen other the Union, and old Soviet for the Furthermore, he argues state.’ of the parts constituent the all of that theconsent only with accomplished ‘the UN simply substituted difficult USSR,which‘wasformally because of disintegration of the the the new Russian Federation wasnot United countriesformer to the Nations USSR the recognition of argues that formerrepublics, specifically Soviet former republicsthe of Yugoslavia. Hannum instance Hunnuminsightfully explains dissolutionthe of hadYugoslavia which begun community. international bythe recognition immediate acquired both and Slovakia, and intoRepublic Czech the separated USSR, the partition of Czechoslovakia was peaceful. In 1993 Czechoslovakia any separateSimilarly the withoutconsent. to Yugoslavia,to decided republics Hannum, ‘ inhisbook Republics Yugoslav Former and USSR the of States New the of 1.4 Recognition organizations.’ is ‘ashift obviously individual from collective recognitionto international through statesthere by individually is recognized acountry Shaw thatonce argues states. all 28 27 2006, p. 62. in theTwenty-First Century,Lexington Books, Rowman the & Littlefield Publishing Group,Oxford, 26 25 Ibid, p. 68. Ibid, p.62. Hurst Hannum & Eileen F. Babbit, ‘Negotiating Self-determination,’ Chapter3: Self-Determination Ibid, p. 244. There are different ways of perceiving the break up of Yugoslavia, for upof Yugoslavia, break the ways of perceiving There aredifferent One of the best known authors concerning self-determination is Hurst One concerningself-determination known of best the authors 27 which was not the case with the former Yugoslavia. In case of the 25 Negotiating Self-determination,’ , he dealswith, recognition of independenceof the the 11 28 Chapter 3: Self-Determination 26 CEU eTD Collection Community and Yugoslavia. about name. newstate’s about the disagreement Greece’s under namebut the because of of Former‘The Republic Yugoslav Macedonia,’ withit in her became later of name UN,not ayear a member the 1993, Macedonia, Bosnia Herzegovina, and all of them were admitted to the United Nations, United to the admitted were them of and all Bosnia Herzegovina, and Croatia Slovenia, independence of the US,recognized EC,andthe 1992 the concluded in in thatprocess ‘Yugoslavia dissolution,’ the of Aprilwas regardon this notthenewstates. recognize or whether to inYugoslaviaset forth Badinter, 1991 underthe of chairmanship decide Robert to ECcreatedanArbitration Conferencethe the but in of Commission and Herzegovina, evidentwith former third the republic independence, namelyBosniaYugoslavia’s of while by being boycotted of Serbs. The becamedissolution Yugoslavia evenmore was held; referendumthe was strongly by supported Muslim Bosniaks and Croats, 29, 1992, plebiscitethe on Independence of republicofBosniathe andHerzegovina Slovenia the February andof recognition Croatia. On CSCE and US, EC opposed the wanted to ‘maintain Yugoslavia’s territorial integrity.’ territorial Yugoslavia’s ‘maintain to wanted in independence tobevery becausetheworld seemed beginning the pessimistic independence from in their world’s reactions concerning 1991, the Yugoslavia unilateral their declared Croatia and Slovenia community. international the from republics of Croatia, individual collective recognition and andtwo the procedure the and Slovenia namely republics, Yugoslav former two the of secession the with 31 30 29 Ibid, p.65. Ibid, p.64. Ibid, p.63. Conditional recognition asaninstrumentethnic regulations: of the European Richard Caplan has written a chapter in the book in the achapter written has Caplan Richard The Bandinter Commission issued fifteen opinions, amongst them it them amongst opinions, fifteen issued Commission Bandinter The Caplan’s focal point in this chapter is recognition of is in recognition this Caplan’sthe chapter of focal point 12 31 29 This is the reason why the why reason is the This Nations and Nationalism 30 except CEU eTD Collection Western European the Western includingCountriesEuropean in June 27,1991, Germany. from came which statement a Yugoslavia,’ of integrity territorial and ‘unity pro the and declaration unilateral the against was Germany and Croatia. Slovenia positionthe of as otherthe states well from being topro against recognition. whoadvocatedmember therecognition states Sloveniaof andCroatia, whichchanged European Germany asoneof first the indicates republics. Caplan two other the former republics of Slovenia and Croatia, and the way the EC extended recognition of thetwo of recognition towards members EC the theposition of details concerning Former Yugoslav countries by the EC. Different from Hannum, Caplan gives more 33 ethnic conflict regulation: the EuropeanCommunity, 2002, p.159. 32 would transform an internal dispute into an inter-state war,’; and finally, the most the finally, and war,’; an inter-state into dispute internal an transform would republics; second, recognition would change‘thefundamental nature of conflict,the it secession the of campaign against pursue aviolent leadership to Serbia’s discouraged mighthave Croatia, and Slovenia recognizing first, reasons: for three management’ of recognition, Caplan points out that recognition was seen as a useful tool of ‘conflict they that would also recognize strategic Slovenia the andCroatia.logic Talking about well, which recognitionsupported of andSlovenia Croatia. by as UK in issued same day the was the samestatement the force of arms,’ with the in said Luxemburgsurprisingly be Yugoslavia that unity ‘the cannot maintainedof declaration. The German Chancellor, Helmut Kohl, on 29 June atthe EC summitheld unilateral the opposed which EuropeanCommunity Western the declaration of the after occurred that hostilities of eruption the of because independence, Croatian days itsCaplan, after two position Germany changedand Slovenian regarding The German The Chancellor HelmutKohl cited in Caplan’s chapter, Ibid, p.159. of instrument an as recognition Conditional Chapter: Nationalism,’ and ‘Nations Caplan Richard It is interesting to see the position of Germany after the independence of Other countries, namely France, Italy, Belgium and Denmark had announced had Denmark and Belgium Italy, France, namely countries, Other 13 33 32 According to CEU eTD Collection http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/newsbriefs/2009/04/05/nb-01 36 Developments: Public International Law, Recognitionof States Part 2, Vol 42, No.2, 1993, p.437. of minorities’ as well as reducing the causes of the conflict. adoptpolicies ‘the aspect, recognition make concerning status would important states 37 35 34 this didnot change the Greekposition. Macedoniathat hadnobinding statements but internationally designs Greece,’ against andhadmade Greekconcern meetthe to Constitution Macedonia hadamended its that Commons to the statement ‘the Minister’s factof the despite Montenegro, and Serbia against sanctions introduce to community international the for difficulties name, which itsprevented NATOmembership. of the because with bein dispute Greece to continues time Macedonia in thepresent Greece, ‘implied territorial ambitions over area of thesame inGreece.’ name of area over ambitions territorial ‘implied Greece, to according Macedonia, which, becauseof name the Macedonia from recognizing EC states orthe States’ Community ‘the prevented objection Greek’s The Macedonia. of see recognition concerningthe not any obstacles in issued Badinter 1992did report the though even Macedonia recognizing from States’ ‘Community the prevented States PartQuarterly, of 2. Recognition intheJournal, recognition Macedonia’s Greece with Disputes its and ofMacedonia Case 1.5 The pro recognitionagainst to of republics.Yugoslav being from members EC of the position the changed by Serbia force of use andthe Albania Croatia officially joinNATO, 05.04.2009. Ibid. p.438. Warbrick, Collin Lowe and A.V. Ibid, p. 163. The prevention of Macedonia from international recognition created recognition international from Macedonia of The prevention A.V. and explanationsWarbrick Collin Lowe provide regarding broader ‘The international and Comparative Law Quarterly,’ 37 These authors provide the reason why Greece 14 International andComparative Law International 36 34 In other words, violence Current 35 Even CEU eTD Collection dispute with FYROM under the UNauspices.’ the under FYROM with dispute the to resolution the negotiate to agreed also and FYROM, of designation temporary Finally, agreed FYROM’s with Greece membership of UN,but‘underthe the Macedonia. Greece and between reach an failed to agreement EC the because in FYROM Government of the Agreement the with Macedonia to send observers to decided UNalso the while Greece, with indisputes especially time, atthat assistance public places which fromwere changed toGreekcity Slavic names. the symbol of the Greek is city which inSkopje, the‘WhiteTower’ symbol the of adopted Macedonia Moreover, of Thessaloniki, as well in found in tomb of Greece.’ royal KingPhilip’s Dynasty ‘Macedonian andthe was as many names of streets starof the Verginathe on Macedonian’the flag,which was usedinthe times ancient and ‘provocative symbols.’ adopted nationalistic Macedonian Government becausethe name,butalso notthe only because of Macedonia recognition of Greece opposed that out inHe points 1992. independence declaration Macedonia’s of Macedonian Issue’ internationally recognized and became a member of member of a UN. and became the recognized internationally Macedonia 42 41 40 39 Macedonian Issue’ 38 Nikolaos Zahariadis, Ibid. p.438. Ibid, p.663. Ibid, p. 663. Nikolaos Zahariadis, The MacedoniaEC supported in of terms technical humanitarian and Nicoloas Zaharihadis has written an on haswritten article Zaharihadis Nicoloas Issue,’ Political Science Quarterly, vol.109, No.4, p. 664 Political Science Quarterly, vol. 109, No.4, p. 662. which gives some of the reasons why Greece objected to the ‘Nationalism and Small StateForeign Policy:The Greek Response to the ‘Nationalism and Small StateForeign Policy:The Greek Response to the 15 42 In1993,Macedonia was ‘the Greek ‘the 40 Response tothe 38 For instance, For 41 39 CEU eTD Collection population case (the of wouldKosovo) be not intoconsideration’taken effectively did Croatia their andnot or Bosniaand and territory Herzegovina) control in Serb entities (the of application baseatthe time have territorial did aclear not including Kosovo were not taken into the account. As he says that entities that ‘either have by notof thestatus entities thatdid republic while submitted other applications Yugoslavia,Yugoslav with applications ECwasthe the of republics, the dealing only per cent in of population favourthe voted ofindependencefrom Yugoslavia. independence wasexpressedasthe inwill majority the of Albanians,of which99.87 desireforfact that the demonstrates Montenegrins, numberand of Serbians in which Kosovo87 percentof overall participated, excludingpopulation of small the and Yugoslavia. within Yugoslavia, in then 1991Kosovoits declared independence from both Serbia July alsoindependence, on Kosovo its2, 1990, declared independence as a Republic namely their andCroatiadeclared whenSlovenia todisintegrate, started which was denied bytheinternational During community. the timeYugoslavia when Yugoslavia andthe in independencedeclaration ofKosovoof 90’s,the recognition of International Stability:theCase ofYugoslavia,’ 45 44 Vienna, 2003 pp.236-7. Institutes, Studies Security and Academies ofDefence PfP-Consortium with co-operation Viennain Management Conflict and Support Peace for Institute Academy Defence National Yugoslavia, in 1990 for Non-recognition Reasons the and ofKosovo Case 1.6 The 43 Ibid, p.237. Enver Hasani, Enver Furthermore, Hassani points out that during the time of timeduringbreak-up of of Hassani the the outthat Furthermore, points Enver Hasani in his book inhis Hasani Enver Self-Determination, Territorial Integrity and International Stability: the Case of 43 Theindependence referendum for held on September 26-30,1991, ‘Self-Determination, 16 talks about the disintegration of disintegration the talks about Territorial Integrity and 45 44 CEU eTD Collection have awakened historical claims in the whole region. whole in the claims historical awakened have becauseit bydoing so, redrawtheinternational would haveto borders which might Kosovo to become an independent state, and did not sustain secession of Kosovo change.’ almostarbitrary mightbe to subject boundaries administrative since acounty’s importantrelevantone forpurpose makingas of determination, the such particularly itbasis.this wasthe distinction wasrepublic/province obvious thatthe most Nor on forstatehood determining noprecedent innovating; ‘The was there ECwasclearly followingthe decision: of consequence EC in EC the particular. international very community, which suited well the be’ not would caseofKosovo, as wasthe whose independence those and recognized belegitimately would whose independence between ‘entities way,line created a was this In Commission. Badinter the to according for recognition eligible were republics New States in Yugoslavia’ establishmentthe of Kosovothe Liberation Army in 1998-99. control above Kosovo territory, because of the lack of coercive power, which led to styled’ Government and President of Kosovo, who were unable to exercise efficient ‘self- institutions, the was becauseof parallelAlbanian international the recognition 49 48 Press. New York, 2005, pp, 138-9. 47 46 Ibid, p, 139. Richard Caplan, p,139. Richard Caplan, ‘Europe and Recognitionthe of New States in Yugoslavia,’ Cambridge University Ibid, p. 257. Moreover Caplan argues that, the International Community did not want not did Community International the that, argues Caplan Moreover According to Caplan, the reason why the EC did not recognize Kosovo was a Similar to Hasani, Richard Caplan in his book, his in Caplan Richard Hasani, to Similar in to regard application rejection Kosovo’s Hasani,the of to According 48 in regard to non-recognitionin Kosovo only regardto arguesthat of 17 49 ‘Europe andtheRecognitionof 46 47 CEU eTD Collection recognition recognition of formerthe Yugoslav Republics, when andCroatiaSlovenia declared issue in ways, the interpreted especially of and non-recognition recognition different have Authors concept. andnon-recognition therecognition perceptions concerning not. in frontier disputes’ in frontier Court of Justice considered the ‘ the of Justice considered Court International asthe or independence… gaining of withdo cases to has that principle have taken into considerations two significant factors: significant two considerations into have taken political than purely legal. Yugoslav republics, which leftKosovo and Vojvodina out of its opinions, was rather former the of recognition regarding Commission Arbitration EC for the reason the independence, arguesthat Kosovo’s of Badinterthe Commission and non-recognition 52 51 UN administration andKosovarAdministrations,’ Logos-A, Skopje, 2003, p, 63. 50 ‘ with the borders of republics. Moreover, Badinter in the case of Kosovo could apply Vojvodina) and provinces (Kosovo of borders any difference without had recognized paid decisions noattention tothe Court of of and 1991,which Constitutional the 1990 utti possidetis Ibid, p, 62. Ibid, p, 61 Blerim Reka, ‘UNMIK as an international governance in post-warKosovo: NATO’sIntervention, of the boundaries of Republics and Provinces within the former of SFRY. former the within Provinces and of Republics boundaries of the Independence ofthe and republics provinces, which also reconfirmed the same status during the period 1990-91, regarding the constitutionality of the ofDeclaration consent; aswell asjustification of Decisions of Constitutionalthe Court of SFRY of the andRepublics Autonomous Provinces couldnot be changed without their the provisionsof theconstitution of of SFRY which guaranteed1974, thebordersthat From the literature review illustrated above, we can clearly see different canclearly above, we reviewillustrated literature the From Blerim Reka, in his book Blerim Reka, In other words, Reka claims that the Arbitration of the Badinter Commission ’, an international law Doctrine which is considered asa is‘general which law considered Doctrine ’, aninternational 52 in this becase wayKosovo’s perfectly applieditcould but was 50 According to Reka, the Badinter Commission should Commission Badinter the Reka, to According utti possidetis ‘UNMIK asaninternational‘UNMIK governance,’ 18 ’ doctrine as a rule of international law international as of a rule ’ doctrine 51 regarding CEU eTD Collection Ashgate Published, Ltd, England, 2007, p,154. complex whenpoliticstopic, appears. Thus, the international shiftcommunity’s from is recognition that proves avery recognition formerof Yugoslav republics the living under Yugoslav the and Serbia especially from repression 80’sthe to1999. history the of Kosovo under the former in Yugoslavia Kosovo Albanianswhich were more about thesis; wewill of discuss in be this chapter second the detailsgiven will Yugoslavia. More republics of the while Kosovo, other recognizing independence of Kosovo/Albanians,butneveritmentioned was recognize that to going the international against ofSerbian repression way, community was aware the followed with the creation of the state of emergency by SFRY Presidency. In this became a Serbian military camp, after the demonstration of students, of demonstration the after camp, military a Serbian became Kosovo Moreover, Milosevic. of launched regime by the cleansing, acampaign abolished but MilosevicAlbanians when into power came were facingethnic who were always the target of violence since the establishment of Yugoslavia. international community did not apply the same consideration for Kosovo Albanians, shiftfrom pro. Butbeing one to thing against bearinmind should the why then in when hostilities erupted had Yugoslav the international community territory, the position from beingproto independent against of Yugoslav Republics. Especially Yugoslavia. maintain integrity because they of and territorial to sovereignty independence wanted theirindependencefrom the world reaction SFRY, was againsttheir unilaterally 54 Current Problem,(Symposium heldin Tirana on April 15-16 1993), Tirana, 1993, p,97. Between the Two World Wars(1918-1941),’ text provided from Kosova The Issue- AHistoric and 53 Alexander Papkovic & PeterRadan, Territories other and Kosova from ofAlbanians Deportations Forced ‘The Shtylla, Zamir See: The fact that the international community its position changed towards The fact international community the that Especially from Especially from 1981 until 1999, notonly Kosovo autonomy the was of Due tosome political reasons, the international its community changed ‘Creating New States,’ 19 Theory and Practice of Secession, of Practice and Theory 54 which was 53 CEU eTD Collection instance (Serb in (Serb instance entities andBosniaHerzegovina), Croatia islimitedfor of self-determination rightSerbs outside the stated Serbia that to explicitly new states of recognition the on Guidelines the to according However, have did not of that entities recognition republics wasrejected. other status the decision recognitionYugoslav that only be granted will whileto republics, the establishmentrecognition non-recognition with republics whichresulted Yugoslav former the to of of the Arbitration of Badinter Commission who came over with Netherlands, 1993, p, 84. 55 towards Kosovo’s recognition. its position change can community international the that demonstrates republics, the international community changed its position from being against to pro Yugoslav British while Prime Minister stated recognizingKosovo in very 2008). The fact that the (as unsettled remains status Kosovo’s issue unless beclosed not would Yugoslavia of disintegration violentpredict the that to Rekafailed Caplan, and as Hasani, such Kosovo whotalked non-recognition of theauthors the about republics, especially reason why ECdidthe not recognize Kosovo in 1991. isinKosovo tookplacepopulation in the this This category. territory which and their control not did and claim territorial have not did that entities all to referred HURST HANNUM, ‘Documents on Autonomy and Minority Rights,’ Martinus Nijhoff, the Therefore, the authors who discussed about the recognition of recognition Yugoslav the discussed aboutthe of whoTherefore, the authors 20 55 in wordsitother CEU eTD Collection will of Kosovo Albanian delegates to join Serbia, namely the new state of socialist of state new the namely Serbia, join to delegates Albanian Kosovo of will Slobodan Milosevic came to power. According to Miranda Wickers, that it was the THE 20 Chapter 2: A HISTORICAL OVERVIEW OFKOSOVO IN England, 1998,p, 145. 59 PALGRAVE,New York, 2001,pp, 76-77. 58 57 Ashgate Published, Ltd, England, 2007, p.143. 56 established. Vojvodina and the Autonomous Territory of Kosovo and Metohija’ hisuntil in in whichfinallydeath 1980), ‘Autonomous two Provincesthe of Yugoslavia Tito’s as Marshall (known andre-established Yugoslavia, Ustasha regime massacres of thousands of people from different Yugoslav nationalities. 1918, which was destroyed by Axisthe powersin1941. and kingdoms,Croats independent namely of Slovenes state inDecember Serbs, the The former Yugoslavia,explicitly explains the secession of Kosovoknown from the former Yugoslavia and Serbia.as a South isstatus of Kosovo itprovide essential which overview ahistorical to past, the of Slavic land, was established from three1963 and 1974 of1946; Constitutions SFRY the within status 2.1 Kosovo’s SELF-DETERMINATION KOSOVOALBANIANS OF a pro-fascist Croat UstashaCroat Regime.’ a pro-fascist state apuppet of under Croatia created it and themselves among Yugoslavia,’ divided See Miranda Vickers ‘BetweenSerb and Albanian,’ A history of Kosovo, C.Hurst & Co Ltd., Revolution, and War Civil War, History, a Concise Yugoslavia : book Benson’s Leslie See: Ibid, p. 143. Secession, of Practice and Theory NewStates,’ ‘Creating Radar, &Peter Papkovic Alexandar At the end of the Second World War the Communist Partisans defeated the situation thecurrent accomplishand the In order study concerning to aserious TH 59 Both of these were abolished after Tito’s Bothof death, namely in Tito’s wereabolishedthese after 1989,when CENTURY ANDOF THERIGHTTO DENIAL 57 The Usasha regime carried out genocide and 21 56 The Axis Powers occupied 58 were CEU eTD Collection Vojvodina and Kosovo enjoyed the status of autonomous. Despite the factthat the Despite autonomous. of status enjoyed the Kosovo and Vojvodina while and Herzegovina, Bosnia and Slovenia, Macedonia Croatia, Montenegro, Yugoslavia with Resolution the inof July Prizren 1945. 63 administration and KosovarAdministrations,’ Logos-A, Skopje, 2003, p, 50. ‘UNMIK AsanInternational Governance in post-warKosovo: NATO’s Intervention,UN practice of similar cases in the world’s recognitionof federal units, the right to self-determination) 62 http://www.albanianhistory.net/texts19/AH1878_2.html Slavs, or Austrians or Greeks. We want to be Albanians.’ and do not want tobe Turks, so we oppose shall not ourall we are might as anyone who ‘Just would to like turn us into following the announcing Disraeli, Benjamin representative, British the to namely of Berlin, Congess the to amemorandum submitted ofPrizren League the self- June On13 for will determination. Albanian the ignored had which of Berlin, Congress of the Resolution and Stefano 1878 a commonpolitical platformof all Albanians delegates inPrizren against the Treaty of San 61 60 other nations of the country based on the Leninist doctrine.’ the and Serbs the between balance create ‘to and incorporation; through federation status the of Albanians inKosovo; toinvolveAlbania into aYugoslav communist Territory ‘Autonomous Augustresolve Kosovo andon 7 1945’were:of Metohija to According to Serbian historians, some of the that itkey was Albanian will to join Yugoslavia. For instance, Blerim Reka argues: reasons for establishing the with the first League of League of first Prizren with the unification with Albania self-determination and which1878 demands, back dates to Albania. If we onlylook attheKosovo Albanian history and theirmajor about dreams join interestingAlbanian whether Kosovo question the Yugoslaviawished to or Miranda Vickers, p, 145. comparative and doctrine legal international the to refers he Model Pact (By the Reka, Blerim See: 1878 The Resolution of the League of Prizren or Lidhja e Prizerenit in Albanian, Ibid, p.144. on 10 June Yugoslav republic that entered it by their own will. annexation, rather than a case of Pact Model, which perhaps to due deals more ofself-determination withof legitimacy acase the more former is ofKosova case the that vote to forced forwas itsfederalization inYugoslavia-Serbia it (in 1945),we Prizren, neverthelesswhereas consider pressure, military of circumstances in formally although population, majority its of will the with federation Yugoslav the enter not did Kosova ConsideringYugoslavia that wascomposed of six Serbia, republics, 61 and the second in1943,wecan doubt argumentthe 22 62 63 60 This indeed raises an CEU eTD Collection limited rights. Even though after the Second World War according to S. Juka: very with Serbia, minority within asanational considered Albanians were Kosovo states. nation considered were not they that fact the due to self-determination to states, except five Republics plus Bosnians, while Kosovo and Vojvodina had no right nation as and considered recognized were Macedonians and Montenegrins, Slovenes, Yugoslav federation. According tothe Constitution of Yugoslavia, only Serbs, Croats, this is not true due to the fact that Albanians always wanted to join Albania not the 66 65 because Albanians wanted tojoinbecause Albanianswanted federation, Yugoslav the was Constitution, Serbian the to according Vojvodina, compared to status lower Vojvodina and Autonomous Region of Kosovo and Metohija.’ Republic Province withinSerbia includes Autonomous of itsthe structure of units of Serbia, but the of explain in Republics andstatus two the detail wasunable position of the to Serbia only explanation ofindependent rightthe decision to making. the Constitution wasand hadasupreme court similar of that republic,’ which structure to with government that ‘The Peoples administrative units’. While Vojvodina was ‘proclaimed as an Autonomous Province Autonomous Regionany independentwithout making decision its ‘local of and asan categorized was Kosovo than Vojvodina; status lower had Metohija Yugoslavia, Kosovo was not even granted full autonomy. Moreover, Kosovo and of 1946constitution the republic,Kosovothe wasdeniedthe status to according of 64 Ibid, p,147. Ibid, p.147. Ibid, See: The 1946 constitution of Yugoslavia regarding the status of the two Autonomous Province Autonomous two of the status the regarding of Yugoslavia constitution 1946 The See: Ibid, with the right to self-determination, including secession…the Kosovars had fought the fought had Kosovars secession…the including self-determination, to right the with wasit agreed that AlbaniansYugoslavia the of be should to choose able their destiny and Regionaland of Vojvodina and Kosovo,p, 146 In regard toKosovo’s status, thejustification why Kosovo Albanians had 23 64 In other words, the Constitution of the of Constitution the words, other In 66 65 as I mentioned above mentioned I as CEU eTD Collection weekly Albanian weekly Newspaper,’ a bi- printing of encouraged the and Albanian-language schools, opened authorities withinstarted the newYugoslavia, namely under Titio’s regime. ‘Yugoslav of wasneverrepublic granted. AlbaniansMarshall rights achieved autonomybut broader andTito, status the broader inpeoplebut thefirstYugoslavia, ornew thesecond during led by SFR Yugoslavia most persecuted oneof the were Kosovo Albanians never had ended. Yugoslavia of 1963, in which the status of autonomy for Kosovo slightly changed; Kosovo was Yugoslavia and Albania. encourage ‘Yugoslavness’ relations between and nationsall Yugoslav based ‘brotherhood unity’in to on order a ‘national victory.’ In way this Communistthe Party Yugoslaviaof createdgood be in this motherchange educated tongue, wasconsidered to Albanians allowed their hadfirstinfor previous Considering not Yugoslavia school that the regimes time. 70 Yugoslavia. former of the areas 69 68 States, 1984, p, 49. United Press, Waldon essay)’ (an Documents ofHistorical Light in inYugoslavia Albanians The November 6, 1982 at the Graduate Centre of the City University of New York by, S. S Juka, ‘Kosova: 67 See Miranda Vickers, p, 156. The term ‘Yugoslavness’ referred to the nationality of all people of the republics and autonomous Ibid, p.152. in onKosova Conference International at the presented was which Kosova on study Seethe to realize that the Yugoslavs did not intend to keep their promise. their keep to intend not did Yugoslavs the that realize to Nazis and the Fascist hoping Kosovathat would become one with motherlandthe only The firststep forward regarding improvement of Kosovo Albanian rights But theAlbanian autonomy broader for aRepublic demands and within The second step forwardThe for step second KosovoAlbaniansthe Constitution Yugoslav was 70 69 patriotism, and which for Kosovo patriotism,wasabridge between and whichfor 68 asaresult of thousands Albanians children registered 24 67 CEU eTD Collection 1974 Constitution, Belgrade was no longer allowed to interfere in affairs. longer tointerfere Pristina’s no allowed was Belgrade 1974 Constitution, authority above the Autonomous Province of Vojvodina and Kosovo. According to Serbia’sin of resulted decline the which matters directly of andYugoslavia Serbia for Autonomousveto all Provinceshad adoption a two 1974Constitution,the of AfterAutonomous the Provinces. Republics two of and the enlargedbut powers the of Federation the powers the narrowed of Constitution new Reforms the Federation. the to some reforms broughtConstitution which thirdYugoslaviathe adopted giving them autonomy.broad Kosovo andintegrate itintoYugoslavia, by taking careful and gradual likesteps, and social changes. alone would not solve Kosovo’s problems,’ but he promised to them some political benotTito reasonwhyKosovo the aRepublic could granted status ‘republican was: Marshall unresolved,within during according remained regime Yugoslavia to Tito’s vicethe Presidentof Yugoslavia. Albanian Kosovo regardingdemands aRepublic Yugoslavia, Communists of League in the participating from namely life, political the policy of whoRankovic tocentralise attempted Serbiaby excluding Albaniansfrom in discriminatory the After Yugoslavia. vulnerable and poorest discriminated, most give them the right time, Kosovo andbecauseof greatdream wouldthe tobecome aRepublic,of which to self-determination and secession, aswell. in was established Pristina AlbaniansCourt Supreme the time this and Vojvodina, of were Province the to status similar given one of the 73 72 enjoyed by Vojvodina. Kosovo Metohijaand from ‘Regional Council’ to ‘Provincialthe Assembly,’ an upgrading to statusthe 71 Enver Hasani, p, 161. Ibid, p.164. Ibid, p,160, see The 1963 Constitution of SFRY, some small changes concerning the statute of The thirdforwardfinal for and step Kosovo Albanians was in 1974,when Because of the discrimination and pressure applied to Albanians from from toAlbanians to time Because andpressureapplied discrimination the of 72 In other words, Tito rather preferred to improve the economy of 73 71 25 CEU eTD Collection for public functions.’ were strictly party basis; and national nominations weremadequotas when applied public services; four-fifths of were availablethe reserved posts Albaniansfor on a history.Yugoslav instance,For became ‘bilingualism for a employmentincondition firsttime for the in Albaniansrights concerning actions and some positive made Moreover, this brought Constitution many in changes favourof Kosovo Albanians, 76 http://news.bbc.co.uk/2/hi/europe/country_profiles/3550401.stm 75 74 composed by 50%, of minoritiesSerbs andby 50% other such as Hungarians, Kosovo was by Albanianspopulated majority %, while, is Vojvodina’s 90 population in is whichKosovo Vojvodina to comparing in isbigger, also of terms population the size territory, ofthe of of interms difference the thefact Despite enjoyed1980. until Constitution 1974 gaveof Kosovo equal with status status the of Vojvodina, whichit the this respect, had autonomy. very In limited Kosovo Vojvodina, to compared butalso anautonomy of Republic as the it status Kosovo the status, notonly deny did Kosovo’s clearly Yugoslavia hadlaunchedsee towards adiscriminatory policy that Constitutions of SFRYlevelmanagement was grantedtothem. back If and we go previous two seethe 1946 and 1963 discussedhad remainedanAutonomous Province, autonomy broader though at self- in this part of the of from Republic. the status having prevented them chapter we can nation,not Albaniansbecomenationality but asa which were defined true; a as by Yugoslavia andwas given a status of self-government. Miranda, Vickers, p.178. See also: BBC News, Timeline: Kosovo, A chronology of key events, 12, May Ibid,2009, p. 180. But the dream Albaniansof tohave aRepublicwithin Yugoslavia did not 74 Therefore Kosovo wasrecognized province asanautonomous 26 76 In this way the status of Kosovo 75 CEU eTD Collection Slovaks, Rumanians 80 79 78 http://files.osa.ceu.hu/holdings/300/8/3/text/81-1-352.shtml 77 largestSerbs fear in Albanians would that become the population former the demonstrations. population in whichgrowth ledEurope, in thecountry large1981 to scaleAlbanian 30percent of and highesthigh approximately of with unemploymentrate the rule. Serbia’s which resulted inthe abolition 1974 autonomy,of and Kosovo annexation under of violence, to from peaceful evolved see how situation the to in in Kosovo order 1989 European Banks, USand the to economic debts reasons and to break updue to started Yugoslavia Yugoslavia under regime. After Tito’s in Marshall Tito’s death not1980, only of Republic Federal Socialist the namely War, World Second the after Yugoslavia, with the regime regime Milosevic by the Autonomy Kosovo’s change of Abolition and -1989) (1980 during Kosovo in 2.2 Events of the Communistfirst SFRY constitution of was1946 without doubts discriminatory. Party which established the new unity.’ and brotherhood self-management, liberation, national of notion the ‘went death Tito’s with Together spheres. social and political in economic, life, their of spheres Alexander Papkovic &PeterRadan, p, 144. Miranda Vickers, p, 194. Alexander Papkovic and Peter Radan, p, 144. See: Final Results of Yugoslavia’s 1971 Results, 9January, 1973. 79 Kosovo was one of the poorest provinces in the Federal Yugoslavia, with a improve could Kosovo Albanians started to It of situation the bearguedthat For this reason, it is necessarily to demonstrate demonstrate necessarily 1981 it between Foris thisevents the and reason, to 80 78 The high birth-rate The highbirth-rate of Kosovothe Albanianpopulation mademany but the situation of Kosovo Albanians started to worsens in all 77 etc. In this regard Kosovo’s status which status In wasgiven regardKosovo’s etc. this thewithin 27 CEU eTD Collection Yugoslavia, 85 84 http://devnet.anu.edu.au/online%20versions%20pdfs/53/19Gardiner53.pdf 83 82 81 University. cafeteria of at the Pristina to demonstrate about their poor conditions of living in the dormitories, and poor food demonstrations. jobs, Kosovarsleft expressfor only the demands theirchoiceto wasthrough their quitting were whom of most teachers, for salaries the raise to and schools hadsleep students inonebed. to two sometimes and dormitories enough not were there poor, extremely were Pristina of University atthe conditions student’s and the paidlowest the were teachers instance, and Forbecause conditions of pooreconomy for students the teachers Kosovo. of imprisoned, Albanian continuously groups secessionist large out carried scale army, which resulted inmany Albanian includingdeaths, here injured people and Kosovo. for moment political crucial established protest from and a students Serbia. In regard this Republic,’ the secession conditions in Universities,particular suddenly they were demanding‘Kosovo demandsthat Albanian the improvement studentswereabout of of their educational consideringin Kosovo, into violence see how situation escalated to the It is interesting Republic.’ and‘Kosovo Albania’ for a‘unified werecalling especially when people violence soon ofKosovo, they demonstrations parts spreadtoother to turned then and from capital the Pristina, inKosovo,of 20.000Albanianswhich inpart took the Alexander Papkovic and Peter Radan, p. 144. Miranda, Vickers, p.197. See: Andrew Gardiner, ‘Recognising victim mentality’: A Lesson from Kosovo, Miranda, p, Vickers,70, p, 197. Mirand, Vickers, p, 219. On 11 March 1981, Kosovar Albanian studentsof Pristina University Despite the fact of the use of force as a response by police and federal military federal and by police force asaresponse of of use the fact the Despite 81 which negatively affected the educational system theeducational system and whichworsened negatively affected 84 82 The large scale of the demonstration started Unable to fulfil people’ demands, to build to demands, people’ fulfil to Unable 28 83 started 85 CEU eTD Collection response to the Milosevic regime. Milosevic tothe response a as intervention in NATO resulted which autonomy of abolition the after years more six and autonomy of abolition the until years seven for continued Albanians Kosovo to addressed violence andrepression this respect, federation. In the dominated period, Serbia was post-Tito the biggest after Republics,and Yugoslav the was one of formerin redefining Republicsof Yugoslavia.’ the other Serb the position of a unique Serbia by reducing the autonomy Kosovaof and Vojvodina and ‘the creation a Serbia, namely, create Great to of was state emergency the announcing ‘defending constitutionalism of ‘defending constitutionalism Federation.’ of Yugoslav the under of name the being executed were Albanians discriminatory against actions 1 to stop Albanian secessionist riots a state of emergency by the SFRY Presidency on administrative means birthadministrative among high the Albanians.’rate ethnic surrounding Albanian houses were ‘demolished, and authoritiesthe limitto tried by usagethe Albanian muchvery was limitedof even inlife, public traditional walls discriminatory measures: Albanian language was abolished in secondary education, ethnic Albanians such in andas Montenegro Macedonia. Albanians onlyin not Kosovobutbeyond, namely inby inhabited theterritories tocarry discrimination violenceYugoslavia severalforms started of against andout demonstrations demanding ‘fullandformal for status republican Kosova.’ 90 89 Keg,’(Symposium held in Tiranaon April 15 – 16 1993, Tirana, p,162. 88 in on Tirana April 15 – 16 1993), Tirana 1996, p,147. PHENOMENON OF MILITARY-POLICE VIOLENCE IN KOSOVA 1981-1992, (Symposium held 87 86 st Ibid, p, 147. Pajazit Nushi, p,147. Powder Balkan The Kosova: Problem; Current and aHistorical Issue Kosova ‘The Biberaj, Elez THEPROBLEM,’ KOSOVA ISSUEAHISTORICAL ANDCURRENT ‘THE Nushi, Pajazit See, Blerim Reka, UNMIK, p.51. April April announced. 1981 was For instance, in in For instance, followingthe Macedonia the authorities Skopje undertook 87 The military and police forces of of forces Themilitary former police and the 29 89 The only pretext for The pretext only 88 All these 86 90 Inorder Serbia CEU eTD Collection secessionistmovement of Kosovo Serbs started a campaign of public protests and Army was through emigration to foreign countries without a definite status. Albanians wererefusinggo to Yugoslavto the Army, only the escape and theway to soldiers was the same for all of them ‘they committed suicide.’ committed ‘they forthem all of same wasthe soldiers theAlbanian of deaths for the courts from the explanations the while army, Serbia’s SFRY from werebeing killed, 1982-1991 66Albaniansoldiers were killed,namelyin sittingartificial courts Albaniansoldiers,’ Albaniansoldiersthe during the against werestaged ‘there instance, that Nushi Pajazitstates For Albanians. cleansing against ethnic and crimes commit to Serbia helping were which courts political deeply Albanians,in wordstheybecameAlbanians, weregivinghighlyunjust trials other to police forces. police and military the of hotels became buildings University Pristina and schools secondary which Albanians the republic were about Moreover, demandingKosovo. of all a response to the and studiesstudent’s conditions, Yugoslav authorities issued an order to close all universities as demonstration, pretty much for the well known reason 94 93 1996, p, 103. 1999, p, 3-4; see also another source Ukshin Hoti ‘Filozofia Politike Qeshtjes Shqiptare,’ Prishtinë, 92 91 activity.’ national their years, regarding sentenced toshort prison, and over 1.750 were sentenced to longer sentences, up to 15 Albanian population. andsentences of theday numberof day the physical was enlarging treatment to Ibid, p,152. Pajazit Nushi, p,184. Belrim Reka, p, 52, Source taken by: OSCE “Kosovo? Kosova as seen as told,” ODIHR, Ibid, p, 151. Warsav, In nationalism way,this became Serbian very strong, ‘in 1985 the anti- Despiteimproving theAlbanian students’ about demonstrations theirliving For instance, ‘according to official figures, 7.000 Kosovar Albanians were Albanians Kosovar instance,official figures, 7.000 For to ‘according 91 Furthermore,from Albanians against in Serbian Kosovo repression 92 30 The courts which were sentencing Kosovo sentencing were which courts The 93 For this reason all reason this For 94 CEU eTD Collection 2, 1990,‘114 Albanian deputies of Socialistthe Province Autonomous ofKosovo’s members, under the chairmanship and the President of Dr. Ibrahim Rugova. party of number with oneof biggest largest the the Democratic as League(LDK) Kosova the them among established; were regime Milosevic anti movements political in1991 Independence Kosova and 1990 in Republic’ ‘Kosova of the 2.3 Declaration status. federal Kosovo’s of loss in the resulted also which of Milosevic, by Kosova Yugoslavia, regimewas abolishedthe on March 23,1989theautonomy of did notfigure. Vojvodina and Kosovo of autonomy the which in announced, were Presidency SFRY for changesof February Constitutional year Proposal In 11, 1987,the on samethe should dare to beat you,’ April local1987, declared that livingSerbs in Kosovo will be safe by saying ‘no one of the Serbian Communist Party, Slobodan Milosevic came in Fushë Kosovo on 24 local Serbs and andjoin Montenegrins attempting Albania. to Party became Slobodan whoaccusedMilosevic, Albaniansof againstthe genocide over Kosovo.’ fromprotection violencethe by Albanianslater, and, the reestablishment of Serb rule demonstrations inBelgrade, capital the andSerbia,Yugoslavia of demanding 100 99 98 97 Keg,’(Symposium held in Tiranaon April 15 – 16 1993, Tirana, p,163. 96 95 Blerim Reka, p, 52. Esat Stavileci, p, 155. Blerim Reka, p, 52. Powder Balkan The Kosova: Problem; Current and Historical a Issue Kosova ‘The Biberaj, Elez Alexander Papkovic & PeterRadan, p, 144. Elez Biberaj, p, 165. After the abolition of the Kosovo’s autonomy in the end of 1989, the first the 1989, of end the in autonomy Kosovo’s the of abolition the After Only later,one year in main1986, the leader of rulingthe Serbian Communist 95 98 As a result of the Milosevic regime and Serbia’ domination of 97 in this way Serbian nationalism reached the culmination. the reached nationalism Serbian way in this 31 96 When leader a famous 99 100 On July CEU eTD Collection ‘Kachanic Constitution’. town Constitutionof Kachanic adopted of ‘RepublicofKosova’the known as a small in secretly deputies Albanian Kosovo dissolved was parliament Kosovo’s self-determination;even though September to expressingon 7,1990 their will with constitution the of 1974. Presidency inKosovo’sof inabolition whichresulted SFRY, of autonomy, granted renamed Kosovo-Metohija.’ Nationaland and‘Serbia’s Assembly dissolved, was Kosovo’s independence, government Assembly tookSFRY.’ administrative independence from Serbia, as Assembly Kosovo’s declared a full Republic the within and executive control of the province, provided by: The Academy of Sciences of the Republic of Albania, Institute of History, ‘The Truth of 104 103 102 Prishtina, July 3,1990 p, 3.) 1993, p, 329. ofHistory, Truth‘The Institute of Kosova,’ Encyclopaedia Publishing Albania, House, of Tirana,(taken from the Republic newspaper the ‘Rilindja’,of ofSciences Academy The by: provided Doc, Kosova. this use to is nomination ofKosova forpublic Assembly communication,the of Kosova, naming itself the organ Constitution new of of the socio-political community, proclamation the whichUntil is 5. approval of this amendments. of Serbiaof 1989, which annual decisionthe of Assembly the of Kosovo of March 23,1989, on of order Yugoslavia constitutional in the the Yugoslavwith Constitution relations inforce their andbase in the of Kosova amendments of power to the organs Constitution the ofand the SR assembly 4. In the meantime until the final juridical implementationof this Constitutional Declaration, the a nationality (national minority). of Yugoslavia, as well as the Serbs and others living inKosova, are considered a nationKosova,people where and the Albanians,not as the majority of the populationand one of the mostpolitical numerousposition people as a commonconstitutional-political position of all citizens and equal nationalities in3. This Assembly confirms Kosova asa political-constitution community full and its the new constitutional-with of Yugoslavia support of democratic Yugoslav and world opinion.Constitution the in act constitutional of this confirmation the for waiting is Assembly this groupings, national and human and people of the will the of respect democracy, 2. Proclaiming Kosova an equal entity in Yugoslavia on the basis of the principlesand of ofthis Assemblyauthentic as an Kosova of act people of ofthe stand political self-determination constitutional original the within proclaims and the frameworkexpresses declaration of This 1. Yugoslavia. Republics. of meaning the in Yugoslavia, in counterparts its with subject equal an andas (confederation) declares Kosova as an independent and equal entity within the framework of Yugoslav the federation Constitutional Declaration of Assemblythe of Kosova,on July 2, 1990 signed by 114 delegates 101 See: Constitutional Law on the Implementation of the Constitution of the Republic of Kosova, Doc, ofKosova, Republic of the Constitution of the Implementation the on Law Constitutional See: Ibid, p, 245. Miranda Vickers, p, 245. Independence: of Kosova’s Declaration of The document whole seethe p,53, Reka, Blerim Three days later as a response of Serbia towards the declaration of declaration the as aresponse towards of Serbia later Three days 101 104 102 Moreover, the Serbia’s decision by was sustained the 103 Butnothing couldAlbanians prevent from 32 CEU eTD Collection Kosovo was recognized only by the Republic of Albania, European the of while by Republic only the wasrecognized Kosovo secession neighbouringand unification with Albania.’ called referendum illegal, and the first towards unconstitutional Province’s step ‘the authorities independencefrom Serbia Kosovo declaredwhile its Yugoslavia, and Independent State,’ and Independent Kosovo’ in 1990 approved theResolution Kosova-of Assembly the a of Sovereign However,22 September on which 1991theparliament theproclaimed ‘Republic of Herzegovina and Macedonia, but also for Autonomous Province of Kosovo. Croatia’s independence had aspill over effect notonly for republics of and Bosnia was going toward secession Montenegro each republicof Yugoslavia except Slovenia independence, and Croatia’ from SFRY. In this regard, of declaration with resulted their which and Croatia heldin Slovenia referendum declaration of Slovenia and 108 107 106 105 July p,3,1990 3.) 1993, p,331. Kosova,’ EncyclopaediaPublishing House,Tirana, (takenfrom the newspaper ‘Rilindja’, Prishtina, ofKosovo’sfavour independence from Yugoslavia. Montenegrins) in which 99.87 percent of majoritythe Albanian in voted population 87.01 percent of overall Kosovo participatedpopulation of (excluding Serbiansand Yugoslavia.’ constitutional right of participation of theleague of sovereign state- republicsof people the will, of Kosova willdeclare direct the Republic of Kosovaand asovereign andindependent with state free the own their through which, in referendum, decided pan-popular a hold to rights, constitutional of its basis on the of Kosova, Republic of the Assembly the that the Security Council of the United Nations, the public opinion of the country and the world, governments, the parliamentarians and governments ofthe memberpermanentcountriesof ‘This Resolution informs other the Yugoslavia,of Republics European parliaments and both Serbia totheof text According from resolution: andthe Yugoslavia. Miranda Vickers, p, 252. Alexander Papkovic & PeterRadan, p, 152. Ibid, p, 335. See The Republic of Kosova –A Sovereign and Independent State, ibid, p, 335. Considering the situation created elsewhere in Yugoslavia, especially the especially elsewhereinYugoslavia, created situation the Considering Thus, from from Thus, September 26to30the inreferendum heldinKosovo, was which 106 105 this time Kosovo Albaniansdeclaredits independence 33 107 Therefore, on 19 October 1991 108 The independence of independence The CEU eTD Collection Albanians. Kosovo of the expressed will support recognize and to community international Republic Republicof whichrecognizedthe Albania the except internationally unrecognized of Kosovo as an Yugoslavia former the from (1991) independent ofindependence declaration ofKosovo’s 2.4 Non-Recognition and sovereign andand Macedonia. Herzegovina, in 1991, while did recognizeotherYugoslav of republics Slovenia, Croatia, Bosnia state, order toand see the reasons why the International Community did not recognizeit Kosovo calledfollowing section of the chapter, this non-recognition Kosovoof will be discussed in theCommunity didand United Stated recognizednot independence. Kosovo’s In the 110 House, Publishing Tirana, 1993,p, 340. Encyclopaedia of Kosova,’ Truth ‘The History, of Institute Albania, of Republic the of Sciences of Academy The 1991, October 22, of Albania Republic ofthe Assembly People’s the 109 recognize Slovenia and Croatia’s unilateral declaration of independence and that there independence that and of declaration unilateral and Croatia’s recognize Slovenia not would they that statements same the issued had CSCE and EC the U.S, the ‘unity independencebutpro integrity and territorial Yugoslavia.’of independence was formerdeclaration of the Yugoslav republics of against the SFRY went Yugoslavia through referendumsthe as of expression willthe of people. Inthis way, towards dissolution. from self independence Herzegovina, which and Macedonia, their proclaimed secessionist movements of Slovenia,The Croatia, followed by Kosovo then Bosnia andfirst reaction of the world towards the Richard Caplan, p,159. of Declaration State,’ Independent and aSovereign as Recognized is ofKosova Republic ‘The See: It could be argued that declaration of could independencewas in Kosovo’s It 1991 declaration of bearguedthat The process of disintegration of the former Yugoslavia started with events of 109 34 110 For instance, For CEU eTD Collection major dream of Greater Serbia of Greater major dream andfinalisewheninto Milosevic came centralised power Yugoslaviahis to in order Moreover, intention. becauseof Serbia’s Yugoslavia of concerning thedecomposition Republics between six never agreement bea would there peaceful nevertheless in which inSFRY, domination of aim Serbia’s of because also but crisis, economic because of the only disintegrate; not to started death sinceTito’s because Yugoslavia failed they not, course Of Yugoslavia? of integrity territorial the maintain to manage republics. all of consent shouldsustain beawayhowto integrity ‘territorial of is Yugoslavia,’ unless there 114 independence. Slovenian 113 112 111 conflicts. bloody with the whichresulted Federation Yugoslavia, of from the from seceding ingroups secessionist later Slovenia,in andKosovo, Croatia, andBosnia Macedonia the Autonomy of Kosovo and put it under Serbia’s rule, nothing could stop and Croatia which was committed by and committed which Croatia was Serbia. recognition stop theaggressive is warinSlovenia of only countries the these way to unilateral that they was, countries torecognizethought wanted these because andAustria Germany why reason the that Onecan argue Croatia. and Slovenia of recognizenew states the to EC andputpressureon Austriaposition their changed of in independence beginningasdiscussed review,Germany literature the and inthe declaration unilateral against the issuedstatements they be after maintained, could not Ibid, p, 255. and Croatian pro were Austria and Germany that argues Hasani Caplan, from Different 249, p, Ibid, Enver Hasani, p, 249. Hurst Hannum, p, 63. This raises a question whether or not the international community could community international the not or whether question a raises This Only Germany and Austria 111 112 , which never became true, even though he abolished he though even true, became never which , 113 realised that Yugoslavia’s territorial integrity territorial Yugoslavia’s that realised 35 114 CEU eTD Collection Republics, including here Kosovo, applicationsthe Guidelines thesubmission wastakenafter of of Yugoslav the tothesecond recognizedaccording internationally opinion of referendum Badinter. Commissionrecognition andHerzegovina holdingof the a Bosnia recommended While the by Macedonia. regarding because of nameof the contested Greece firstthe Yugoslav Republics Macedoniawhichwas two Croatia Slovenia, and isFederal Republics in Yugoslavia of of process the dissolution,’ 1993. With first the opinion, Commission Badinter ‘the concluded thatSocialist Commission, whichissued 15opinionsfrom starting 29 November1991to13August Badinter as known Yugoslavia on Conference Peace of the Commission Arbitration on the Recognition of New States in Eastern Europe and in the Soviet Union.’ position the recognition Republics,regarding Yugoslav of namelywithin ‘Guidelines December ECset 1991the forth the conditions for recognition a andcommon adopted EC changed its recognition opinion towards Yugoslav of inrepublics, which on 16 with existingthe authorities of SFRYin tofind order amediatedsolution. Slovenia, on Slovenia,27 on new states, ‘Letter to the Extraordinary EPC Meeting of Brussels,’ Dec, 10, 1991, Doc, provided by: 119 its to Creation Dissolution, Martinus its Nijhoff,From 1994, p,474. Documents Through Yugoslavia Trifunovska, Snezana by provided 118 London, 1999, p,159. 117 432. YugoslaviaThrough Documents From its Creation to its Dissolution, Martinus Nijhoff,1994, pp,431- EPC Ministrial meeting,Brussels, 16, December,1991, Doc,provided by Trifunovska,Snezana 116 115 See application of the Republic of Kosova submitted to the European Council for recognition of the recognition for Council European the to submitted ofKosova Republic of the application See Doc, , Yugoslavia, on Conference Peace of the Commission Arbitration of the 2 No. Opinion See: Thomas D. Grant, ‘The Recognition of States: Law and Practice in Debate and Evolution,’ Praeger, ECDeclarationConcerning Conditionsthe forRecognition of New States, Adopted at extraordinary Blerim Reka, p, 54. This decision in favour of recognition of the Yugoslav Republics within the inThis oftherecognition Yugoslav of favour decision The Recognition of Yugoslav Republics wasfinalisedby and legalizedthe Considering the idea of Germany and due to the escalation of the conflict in conflict the of escalation the due to and Germany idea of the Considering th August 1991 the ECestablished August1991the onYugoslavia,’ ‘PeaceConference 119 which application was rejected by the EC. The 36 117 and recognized 115 Thus, the 116 118 CEU eTD Collection for recognition according to the Badinter the to according for recognition wereeligible only its because application republics the for guidelinesandrejected the only for nations and reserved were not republics while nationalities.in Albania, homeland their of because SFRY within The EC did not regard recognized werenotKosovoAlbanians butasanational asanation, ‘nationality’ minority as a candidate as mentioned in beginning the of according chapter this to theconstitution of 1946, alsowas notbut fully Macedonia,autonomy. granted Slovenia Bosnia Moreover, or of Croatia, asRepublics havenot samestatus not the only did Kosovo seethat clearly backgo and of see in status the Kosovo firstthe constitution SFRY 1964,wecanof into consideration.’ taken effectively control their territory and population (the case of Kosovo) would not be did not or Herzegovina) Bosnia- and inCroatia Serb entities (the application timethat of base at haveclear territorial either a didnot ‘entities who that Hasani was Prof, to according consideration into taken not was application Kosovo’s why reason Press, New York, 2005, p,138. 121 120 Encyclopaedia Publishing House, Tirana, 1993,p, 341. The Academy of Sciences of the Republic of Albania, Institute of History, ‘The Truth of Kosova,’ which ended ethniccleansing by genocide and Milosevic committed The regime. occupation of Milosevic regime until 1999,in which resulted with NATO intervention a leftmilitary Kosovo an only under butcreated precedentand decision unjust the Yugoslav independencerecognize Republics, butdeniedKosovo the wasnot of to allformer of independence the recognized BadinterCommission the The factthat one of the main justifications of the EC regarding not recognition of Kosovo. Richard Caplan, ‘Europe and Recognitionthe of New States in Yugoslavia,’ Cambridge University Enver Hasani, pp, 257-258. But was there any other reason for non-recognition of Kosovoin 1991? If we 120 121 37 in which Kosovo was not the case this is this case the not was Kosovo in which CEU eTD Collection 123 reason why was unjust decision is that the 1 122 clear that Yugoslavia clear exist not could that anymore, did notapply one of international the law doctrines such as ‘ but could Kosova in of case Badinter Prof, Reka, to EC.According the to application republics startingfrom through went until submission its referendum of the last chapter last chapter of formerthe Yugoslavia anopen issue, which returned international the the left it one, a final not was 1991, in taken community international the of decision inbeapply.which caseKosovonot for which the applied could of did Badinter The rules and norms international also were there that consider we nevertheless doubts, EC,namelythe instruments Badinter any legal Commission without went through solution. peaceful to avoid the bloody conflictin Kosovo because Milosevic regime accepted no failed perfectly violenceinevitable and then was eruption of realise thatthe failed to in international Butthe enlarge conflictcommunity former the Yugoslav territory. the to want not did Community International the words other In Croatia. and Slovenia in hadin already erupted considering theconflicts that time that Serbia andKosovo, Community did not want to recognize Kosovo was to avoid the conflictbetween disputes.’ Justice ofinternationallaw consideredthe frontier arule doctrine utipossedetis in as that has gaining independence…theto dowith the caseof InternationalCourtof declared: of Haguecourt Judges inadecision The Blerim Reka, p, 62. The 1 The st Furthermore, Kosovo went along the same path as all other Yugoslav Therefore, the recognition of new states of by Republics of Yugoslav former newthe the recognition Therefore, states of International whythe reasonbehind the that canargue one In thisregard, Opinionof the Badinter Commision, 123 38 st Opinion of Badinter, it made it perfectly Badinter, of Opinion 122 part of which was Kosovo as well. ‘the principleis a general principle Uti possidetis’ in which CEU eTD Collection answering the Kosovo question.answering theKosovo Community came back to finalise its mission,by responding to the Milosevic rule and Kosovo. of status unsolved last backcommunity former in the Yugoslav territory, namely infinalise Kosovo and the In the third and last chapter of this thesis we will see that the International 39 CEU eTD Collection after the genocide in Recak thegenocide after 1999 inKosovo Intervention -NATO resort last 3.1 The after international the hadcommunity denied recognizingthe existence ofits entity. years seventeen can andbe recognized of astate created how newbrings a pattern the international community to recognize it. Therefore, the recognition of Kosovo persuaded which ground the on circumstances and reasons political the traces chapter denied while recognizingKosovo former recognizingthe Yugoslav Therepublics. community international the but from SFRY the its independence declared Kosovo reasons for change the intheposition since international the of 1991when community main the identifies it recognition; to non-recognition from shift community’s international the explains explicitly It recognition. international received has Kosovo why reasons and how Kosovo declareditsindependence from Serbia, and why Republic of internationallyRepublic butunder of Yugoslavia, namelythe protection, under Federal the within Kosovo’ for autonomy substantial the on agreement an ‘reach was to Accords Rambouillet the aim majorof the Moreover, in Kosovo. war the toreach which between an which aimed SerbsandAlbanians endagreement would 1999) France (February-March chateau, inRambouillet Conference International Group organized an Contact the 1999, inJanuary forces military Serbian policeand 1074716.html January 1999, 124 See: The Independent News by Paul Wood, ‘Recak Massacre: Serbs fire on grieving villagers’, 18 In order to end the Serbian repression against ethnic Albanians,especially ethnic against endrepression Serbian the to In order the demonstrate will It independence. to path Kosovo’s examines chapter This CHAPTER 3: RECOGNITION OF 3:RECOGNITION CHAPTER KOSOVO http://www.independent.co.uk/news/racak-massacre-serbs-fire-on-grieving-villagers- 124 in which 45 Albanian civilians were massacred by 40 CEU eTD Collection of 50,000 NATO troops, known as toleave Kosovo, forces wereordered military Serbian Kosovo Force (KFOR) after the Agreement’ inYugoslavia ‘Military andSerbia,knownasthe which Technical UNSC adopted of Republic Federal and the between NATO by an agreement endedreaching without anylosslife ‘incombatfrom of operations its side’. own ofUNMIK establishment the and 1244 Resolution Council Security The UN 3.2 Republic 78days. of Yugoslavia which lasted military ledby began Federal air againstthe US, powers the bombing an campaign of Force AlliedNATO, western in March 1999, the the24 wakeof Albanians, of disaster. humanitarian the end to resort last the was NATO of Intervention Humanitarian Therefore, force. use of of response in strong a resulted sign agreement the to refusal forces inKosovo. replace Serbia’s whichwereto NATOin Kosovo, of presence international the refused Milosevic reached, because not was chateau concerningfor place thepolitical Kosovo which settlement in took Rambouilletthe presence of presence of NATO troops. 129 Crisis,’ European Journal of Communication, SAGA, 2000, 15,p, 346. 128 e%3D2%26spage%3D211 d%3Dvendor%3Adatabase%26issn%3D0020%2D5850%26date%3D1999%26volume%3D75%26issu wiley%2Ecom%2Fresolve%2Fopenurl%3Fgenre%3Darticle%26svc%2Eformat%3Dtext%2Fpdf%26si http://ejscontent.ebsco.com/ContentServer.aspx?target=http%3A%2F%2Fwww3%2Einterscience%2E 127 126 g/default.asp?content_id=3560 125 See NATO’s role in Kosovo, DayyaKishan Thussu, ‘Legitimizing Humanitarian Intervention? : CNN, NATO and Kosovo onKosovo, Conference Rambouillet The Weller, Mark Alexander Papkov and Peter Radan, p, 63. 23/2/1999, Accords, Rambouillet Group, Contact See: After 78days ofbombing campaign,NATO defeated Milosevicthe regime ethniccleansing the from halt out carrying to Milosevic’s dictatorship In order 125 http://www.nato.int/cps/en/natolive/topics_48818.htm The agreement proposed by the international mediators international the by proposed agreement The 41 127 http://www.ohr.int/other-doc/contact- 129 which resulted in the entry the in resulted which 128 NATObombing 126 Milosevic’s CEU eTD Collection autonomy as foreseen by resolution 1244 was never decided in Security the Council. why in thequestion paper andnever asto substantial In respect, this arises practice. UNMIK administration, Kosovo. of autonomy guaranteeing Self-Governed the from a legalat aimed which presence military pointinternational the rejected they ofautonomy, view was part of Serbia,negotiations process. While Serbsbut also agreed that Kosovoonly Albaniansof end by the should be agreement giventhe onsigned had and community international the by convinced was delegation Albanian the in which Conference, Rambouillet the in foreseen be decided was autonomy UN.The wasto ‘substantial same on the autonomy’ inKosovo.” inhabitants all for life democratic ensure self-governing institutions conditions normal to for apeaceful and of administration development the provisional andoverseeing establishing while Council Security by bedecided the to Yugoslavia, of Republic Federal within autonomy the of Kosovocanenjoy substantial theinternational peopleof which the under civil presence UN.stipulated the “establishment of an interim Theadministration for Kosovo as a part of the interim administration was to provide transitional but also but freedom Kosovoin Albanians,Kosovo of the thusbecame not only a UN protectorate the withdrawal of the Serbian police and military forces and NATO from of Kosovo directlyintervention the resultedTherefore, Milosevic. and Yugoslavia of failure great were considered as the victorious for Kosovo Albanians, while for Kosovo Serbs as a Resolutionthe 1244 on June Kosovo 10, 1999.NATOpeacekeepers whoentered http://news.bbc.co.uk/2/hi/europe/682877.stm 131 130 See: BBC News, Rambouillet talks designed to fail, 19 March2000, See: UN Security ResolutionCouncil 1244, Annex 2, point 5. As we can seefrom UNSCthe final Resolution Kosovo’s 1244, namely, status The passedResolution which Council immediately UN Security 1244 de facto an independent state, without any interference from Serbia. 130 42 131 In other words, Kosovo after CEU eTD Collection the 2009 Nobel Prize Winner) to lead the negotiations process on the future status of future status on the lead process negotiations the Winner)to 2009Nobel Prize the and Finland of President former (the Ahtissari Marti Envoy, Special his as appointed andfor status final duedetermining openinggreen light the Kosovo’s discussions to Plan Ahtisaari Marti and of Kosovo status 3.3 Final it. recognize decided to independencedeclared why its community and international the Kosovo why reason the section following the in see will we Kosovo, independent forSlobodan only Albanians Kosovo Milosevic, the acceptable solution was an regime and by of in the genocide exercised the its Kosovo, exercise authority governments.’ administration in‘no role and left for resolution the theYugoslav 1999; Serbia its its UNMIK once authority Serbia neveron Kosovo exercised established though UN resolution 1244 recognized Serbia’s sovereignty and territorial integrity, fields. judicial and executive legislative, in powers unlimited of NATO troops, presence security international asthe as well General, Secretary the of Representative aSpecial by led Kosovo presence civil international the namely 1999, in administration becameUNMIK an wasinternational designed in the post conflict area. protectorate With the establishment of UNMIKof the UN with 133 practice,’ Cambridge University Press,2007, p, 80. 132 Ibid, p, 80. Ray Murphy,‘UN peacekeeping in Lebanon, Somalia and Kosovo: operational and legal issues in On November 10,2005,the former Secretary Kofi General,Annan, gave the Taking into consideration that the UN protectorate left no room for Serbia to In order to answer this question, we have to analyse the role and the way 133 43 132 Moreover, even CEU eTD Collection things recommended: Envoy of the Secretarywhich Kosovo independencegranted only asthe solution. In reportof the Specialthe GeneralKosovo, on Kosovo’scame up with a Comprehensive future andKosovo, todetermine diplomatin Albaniansof order Atissary,thefinal of status status,Proposal for theAhtissari Kosovo Status Settlementamong other 2007 atthelast he meeting concluded: Albanians which lasted 14months. Atahigh level meeting in Vienna on March 10, and Serbs between process negotiation the with began 2006 Ahtissari Marti Kosovo, Kosovo in the context of inof 1244. Kosovo resolution context the addressed tothe President of Security the Council,’ S/2007/168, 26March2007, p, 2. 136 Kosovo, UNOSEK/PR/19,March 10 2007, 135 http://www.un.org/News/Press/docs/2005/sga955.doc.htm 134 See: United Nations Security Council ‘Letter dated 26 March 2007 from the Secretary General Secretary the from 2007 26March dated ‘Letter Council Security Nations United See: for process status future on the oftalks months 14 concludes meeting High-level Vienna See: See: United Nations Secretary General, SG/A/ 955; BIO/3714, 15/11/2005, a peaceful and dignified existence. sustainable and stable, and in all which communities and their members can live provides foundationsthe for a future independent Kosovo isviable,that status Settlement, which sets forth these international by supervisorythe international structures, community. My Comprehensive Proposal for the Kosovo’sviable for option Kosovo is independence, tobe supervised for an initial period the negotiationsKosovo’s recent history, the realities of Kosovowith today andof consideration careful Upon taking status. resolveKosovo’s to intohas come The time accountthe parties, I have come to the conclusion that the only that. Itisthat. myfirm potential the conclusion that negotiations is of exhausted. achieve agreement.Noamount such of negotiationan willchange additional respective positions onKosovo’s status donotcontain any to common ground parties’ the that doubt nomehas with Butit left agreement. negotiated positions”, stated previously much“I a hadadding: andvery their this that hoped, process preferred, leadto would from away move to parties the from will Belgrade and Pristina… has engagedparties both in of 17 rounds talksmissionsdirect and 26 expert to I regret to say thatduring whichmy team, strongsupport from with internationalthe community, at the end of the day,Today’s meeting has concluded thenegotiations held over thelast 14months, there was no Having failed to reach an agreement with with betweenSerbs reach diplomatic means failed to an Havingagreement http://www.unosek.org/unosek/en/press.html 136 134 44 In order todetermine the future status of 135 CEU eTD Collection Ahtissari’s plan that has violated Serbia’s sovereignty and territorial integrity and integrity territorial and sovereignty Serbia’s violated has that plan Ahtissari’s plan.’ the Ahtissari to alternative is best solutionthe for solving theKosovo’s finaland status ‘there isno viable the byclaiming Ahtissari recommendedsupported proposal diplomat that proposal of havealso Union and European the United States the moreover authorities; Pristina’s never played any authority over Kosovo, he says by adding: UN established itsin in administration with Kosovo 1999 1244,Serbiaresolution has since the arguesthat Ahtissari authority. Serbian the back underget accept to never regime on Milosevic. Thus it was created a new reality in Kosovo, Albanians would resulted with bombingNATOas dictatorship in1999, a response Yugoslavia to crimesbrutal in committed againstcivilians, andethnicrepression which cleansing its through Belgrade, in which Kosovo in war the Moreover, autonomy. Kosovo’s and the discrimination against majority Albanians the including abolition here of hostility for along period of especially from time, Milosevic’s inrepression the 1990s Serbs and theirAlbanians, Kosovo relationship the between Ahtissari, wasdueto This, to according was unsustainable. international continuedadministration why a viable not option, or Serbia was into why reintegration independence, and http://usinfo.state.gov 138 137 See: Vince Crawley, United States Supports UN Report Endorsing Independent Kosovo, Ibid, p, 3. notional such autonomy may be –is simply not tenable. opposition.Autonomy Kosovo within of borders of the–however Serbia violent provoking without authority its regain not could Belgrade Kosovo. Kosovo would not be acceptable to the overwhelming This is majority a reality one cannot deny; itof is irreversible.the people A return of of Serbian rule over The proposal of the Special Envoy entirely hasendorsed by Ahtissari The been of Special the Envoy proposal Diplomat Ahtissari insightfully explains why Kosovo should be granted be should Kosovo why explains insightfully Ahtissari Diplomat 138 Belgrade respondedwith rejection and accusing 45 137 CEU eTD Collection human rights protection, with a special attention to minority rights and their members their and rights minority to attention special a with protection, rights human institutions’; Constitution, bein which with multi-ethnicwill accordance society; judicial and executive legislative, its through law of rule ‘with accordance willfuture beits multi-ethnic society itself will which govern democratically in Kosovo’s multi-ethnic democracy- following: wereas plan Ahtissari the of principles state. and entity new a building for instruments necessary articles as well as 12 annexes which explicitly elaborate upon them, it provided all the internationally was admitted because itprovided the generalprinciples setforth by 15 was it why reason main the but community, international by the admitted in independence Security thereisthe Council Serbianconsent. unless Kosovo’s any on veto resolution thewill by that plan opposed threatening be adopted Council to who Kiaddresseditto thePresident Security of the General Moon Secretary Ban Ahtissari which recommends Kosovo’s independence, wasstrongly by supported the nothingmore than ‘substantial foreseenautonomy,’ by 1244Resolution.the Albanians accepted nothingless independencethan while Serbsclaimgive to Kosovo couldagreement after bereachedAhtissari’s independence planfor especially Kosovo Russia known as troika EU and US, had the until December, process negotiation has the Group extended Contact taken the leading role of Kostunica). Mr. (saysSerbia Minister Prime the the UNcharter violates after Ahtissari’s proposal, but no http://www.unosek.org/docref/Comprehensive_proposal-english.pdf 141 addressed to the President of Securitythe Council,’ S/2007/168, 26March2007. 140 http://news.bbc.co.uk/2/hi/europe/6519565.stm 139 UN Security Council, S/2007/168/Add.8, 26 March2007, General Secretary the from 2007 26March dated ‘Letter Council Security Nations United See: See: BBC NEWS, ‘UN Debates Kosovo’s independence,’3 April 2007, What we have to bear in mind is that not merely the Ahtissari plan was plan Ahtissari the merely not is that in mind bear to have we What Envoy Special of the Proposal Comprehensive fact the that the Despite 140 , Ahtissaty plan could notbe passed in the SC because Russia 46 141 For instance, key the For 139 The CEU eTD Collection Serbia that ‘the right to self-determination is limited to the protection of the Guidelines onRecognition,Serbs made Badinter the cleartooutside Commission in CroatiaBosnia,and AlbaniansinKosovo. Moreover, and accordingthe to territory; and did not control their territory and population,for instance the Serb entity claimno tothe had legalas a status norepublic, entities thathad reason the that Commission, rejected Kosovo’s independence and excludedfrom itits decision, with Badinter versus plan 3.4 Ahtissari change their position,face the reality and recognize Kosovo. should community international the that reasons the explains insightfully which independence Kosovo’s legitimizing document, forward straight best the was plan Ahtissari the nevertheless in Kosovo, changed been have things many chapter this Yugoslav butrecognizedrepublics, itin 2008.Aswe have seenfrom beginningthe of community recognize not did Kosovo’s independence in 1991 while recognizing of Ahtissari itsplan and general principles. Kosovo’s independence on 17 February 2008 by Assembly the Kosovo was a resultof independent country. Kosovosupervise as mission and support an and inorderto NATOpresence ESDP Representative, Civilian an International by composed presence international Kosovo;people security and Justicedecentralisation; of Kosovo’s system; sector the as a crucial principle of the plan, which aims to protect and promote the rights of all Seventeen years ago, the EC, namely the Arbitration of Badinter the of Arbitration the EC,namely the years ago, Seventeen international the why thesis, this of question important most the raises This of declaration unilateral the recognizing for justification the Therefore, 47 CEU eTD Collection internationally recognized human rights,’ human recognized internationally 143 142 according to the 1244 resolution the final status to be decidedwas ‘substantial 1244resolution statusto the according final the to objection settlewas to thefinal of andlegal political EvenKosovo. status though main the in which Kosovo in administration UN the established intervention, NATO’s after namely community, international the that fact the Firstly, status. final Kosovo’s plan. Ahtissari’s supported then namelycommunity, Kosovo’s independence whichin in EC, the 1991rejected 2007 territorial integrity Kosovo, eitherover in 1991 orafter 1999; why international the independence while the International Community Serbia’s recognized sovereignty and independent.In this way, arises questions the Ahtissari why recommended Kosovo’s Marti Kosovo tobecomeSerbia’s province but Ahtissari an recommended KosovoUN resolution between it1991- 2008according1244 same, to was the population and were therefore noteligible for recognition. If we compare the status of the territory. It referred also to entities that did not control their territories and thathadnolegalwas mentionedabove,entities status of to republic,hadnoclaim the only viable and ‘is practical option, safeguard thebest risk.’ the against is the independence supervision with UNSCthat the which to recommends Proposal Albanianthe entity from a differentperspective, he and introduces Comprehensivethe back anddeal Federal inagain the with Yugoslavia Republic of 1999. go to had community international the why reason is the This rights. their protect to but also failedto recognize Kosovo inpeople notonly province, Badinter refused the UNSC, S/2007/168/Add.8, 26 March 2007, p, 4. Hurst Hunnum, ‘Documents on Autonomy Minorityand Rights,’ p, 84. Two things into should in betaken consideration settlementof regard to in 1991,which fornon-recognizing reason If weanalyse Kosovo Badinter’s issueKosovo Badinterviews in 1991,Ahtissari and As to the 2007 opposed 142 48 while for Kosovo Albanians as a majority 143 CEU eTD Collection unclosed issue is one of reasonsthe why independence of Kosovo should be granted. Kosovo have claimedto Serbia’sEuropean future.’ almostunderstand in Serbia butwe believe thatSerbia iscommitted toandwe are committed the same, thestatus issue. last unresolved is the been and we that sensitiveThere are issues violent break-upwant‘I Yugoslavia. toclosethechapter that hasfollowed thebreak-up of Kosovo has of Yugoslavia2008, said reasonwhy the Britain Kosovo is:recognized as an Prime Minister, Brain one day after Kosovo declared its independence on 18 February According British the inevitable. to andinternational independence recognition was Kosovo’s unresolvedbreakfinalise chapter, Yugoslavia’s the to upof the Yugoslavia. In this regard, in order to close the unresolved status issue Kosovoof and and return finalise dissolution of community to the obliged international the Yugoslavia which Kosovo’sbecause aclosed wasnot issue of unsettled status, Milosevic’s regime took away the autonomy of Kosovo. The dissolution of did notrecognize Kosovoin itleft1991; unsolved Kosovo’s status because peaceand the inwould region of bethreatened. stability Kosovo the also but unsolved been have would Kosovo of status the only not course of Ahtissari, if notacceptsuch international the by a solution community would proposed in community Kosovo it settle and itsrecognized Kosovo’s 2008, duty to was status, international the why reasons the words other In independence. Kosovo grant to was status Kosovo’s the settling for option only the nevertheless Kosovo, in war the after especially on ground, the created circumstances political due tothe but autonomy’ http://www.number10.gov.uk/Page14594 144 See: PM News, UK to recognise independent Kosovo – PM, 18 February 2008, The second interpretation or reason is the fact as the international community international as the is fact the reason or interpretation The second 144 As many other countries which formally recognized which countries Asmany other 49 CEU eTD Collection principals set forth by Ahtissari. resulted innon-recognition Kosovo by a partof of world,the and the plan denied and plan’ Ahtissari the endorsing a resolution adopting on blocked been ‘had Council Security the considering that Therefore, consent. were Serbian there unless independence Council, declaredthey Russia any would veto resolution which Kosovowould grant independence Security the Kosovoof resolution whichthe through would grant proposal theSettlement endorse Council Security the Ahtissari recommended when instance, For hasrecognition. we will politics effect on anegative of see that Kosovo the legal system. with is in of Kosovo accordance Recognition that believed which powerful countries point of view, a part of the world recognized Kosovo, the most democratic and independence asa independence Kosovo’s recommended which plan Ahtissari the welcomed EU and US the and General Secretary UN the Moreover, instruments. legal through went Kosovo Security General by whichwasappointed Kosovo;authority andAhtissari’sthe plan,adiplomat over of the established leftexerciseno room administration for UNMIK which Serbiato any Security Albanians;of 1244,which MilosevicUN resolution Kosovo theadoption against Council. Fromstopped which thisNATO of intervention humanitarian the from starting point instruments, legal the ofethnic view,is with inaccordance Kosovo of recognition the canbearguedthat effects.It legal recognitioncleansing of and interesting. a also butsignificantly andcomplicated only concept, a difficult genocideis not non-recognition, aswell as recognition of concept thatthe see we canclearly carriedliterature, law international by the explained concept general the from non-recognition out by the Serbian effects regime political and legal the and Kosovo of 3.5 Recognition of 147 146 145 UN Doc. S/PV 5829, p, 10. UNSC Doc. S/2007/168, 26 March 2007, p, 5. UNSC Doc. S/2007/168, 26 March 2007, p, 2. 147 If we see the recognition concept from the political point of view, in the case However, the recognition of Kosovo is the best explained by the political and political by isthebestexplained Kosovo the recognition of the However, From aboveKosovo’s issue illustration the onrecognition concerningand because of Russia, Kosovo has not been collectively recognized, which sui generis case under international law. international under case 50 145 Therefore, from legala 146 CEU eTD Collection countries which decided to recognize countriesdid into which account decided to Kosovo so because they took for instance astate, recognize notto or decide whether makes states particular reasons forpolitical points of view depends choosingon a state legal between and political so doing. from legal and both of a state as well non-recognition recognition that can conclude Therefore, republics demonstration case,we recognition Yugoslav the the of andof Kosovo the the casecleansing in Kosovo, Serbiaof lost its control overKosovo Kosovo. Therefore, from the illustrates that something in Kosovo.’ of majority be people the overwhelmingof not Kosovo acceptable wouldto over rule of Serbian ‘Areturn said, Ahtissari Asdiplomat Kosovo. over integrity and territorial itsin Serbialost sovereignty after the war Kosovo, created situation the and circumstances the but Kosovo with same The bemaintained. not could integrity recognition of republicsthe was because Yugoslavia’s sovereignty and territorial taken pro decision the Yugoslavia, in former the on ground the created circumstances the Considering recognition. after erupted violence ethnic because the was different caseof Bosniathe Bosnia except But Herzegovina. and didnot, Yugoslav republics AlbaniansKosovo more suffered and faced ethnic cleansing while former the Yugoslav republics; the only differencedeciding recognize to theYugoslav republics. is that Badinter of Commission Arbitration in the resulted which of disintegration, process Kosovo was not a integrity Yugoslaviaof not be could maintained. Itrealized thatYugoslaviarepublic wasin the territorial and sovereignty the that claiming by andposition its changed and thatCroatia, and in Slovakia escalated whenhostilities its position, changed Community international international of reaction the first the and republics, within Yugoslav the wasnoconsent there because wasmore problematic republics Yugoslav the of Czechoslovakia, recognition communitywithin consent was there because tothe UN admitted wereeasily which Czechoslovakia, the was and USSR of the the recognition review concerning in literature have the seen USSRagainst Kosovo’sas case wellis differentrecognition from otheras cases in forterms of recognition Czechoslovakia. of states.of As we Slovakia and Croatia. Apart from The the USSR and 148 UNSC Doc. S/2007/168, 26 March 2007, p, 2. Recognition of Kosovo is more or less similar to the recognition of former of the totherecognition less similar is more or Kosovo of Recognition that argue can One say recognition? Kosovo caseof about the does Then what 148 As mentioned above, after the regime of Milosevic carried out ethnic out carried Milosevic of regime the after above, mentioned As 51 CEU eTD Collection such as Russia ,did notbecause of theirfriendship with Serbia. Kosovo, recognize not whichdid while countries ground, the on created reality the 52 CEU eTD Collection majority of EU members. EU of majority UNSCthe recommended who plan, makeAhtissari’s with true became state independent an for Kosovo theAlbaniandream respect, From state. this make anindependent Kosovo decided to an independentthe Serbian authority over Kosovo; the UN left Serbian authority out of Kosovo, and from any interference without state, protectorate Nations United anew the life under started then Kosovo Kosovo. in freedom and peace brought and a war the ended which plan NATO, supportedgenocide,inand ethniccleansing, resulted humanitarian intervention which the of by everin Slobodan Europe. Milosevic out crimescarried against Albanian civilians, the US and the which internationally remained unrecognized. institution and declaration Kosovoof independence in1991,anindependent state Milosevic towardsinmoreoverabolished itexplains1989, the by enlarged repression regime of the was 1974 of Kosovoconstitution the with Albanians Kosovo to given was Albanians which autonomy whichpower the enjoyed Kosovo Whenwhich cameto Milosevic until of people 1989. the resulted in Constitution full whichgrantedKosovo level theautonomy on self-governing, of the creation offormerfrom Yugoslavia, firstthe constitution Yugoslaviaof in 1974 1946, tothe the parallelunder the Kosovo of status the explained It Yugoslavia. of Republic Federal Socialist of recognition andrecognizedKosovo. Yugoslav the republics rejected community international the how way the examined it Moreover, elements. oflegal andpolitical composed asacomplex literature concept law international the recognized itin 2008. reason international recognizeinwhy the community not did Kosovo but1991, explainin non-recognition and theKosovo aimof wasto thesis this 1991. The of Macedonia andHerzegovina, Bosnia Croatia, of Slovenia, formerYugoslav republics the of recognition tothe waspaid attention more while andCzechoslovakia, USSR, the of recognition the explained briefly has It aspects. political to legal from namely perspectives, relations international and law international of assumptions different Conclusion The war in Kosovo in 1999 showed the largest scale of human rights violation rights human of scale largest the showed in 1999 Kosovo in war The Moreover, thesishistorical the ofKosovo background under the provided the by explained is explicitly which concept, recognition the with dealt thesis The by recognition, explained of the general hasconcept traced This thesis 53 CEU eTD Collection room for further research. room leaves inways which interpreted Kosovo canbe different of especially recognition and non-recognition Therefore issue. ongoing and current is a Kosovo of recognition last unsolved issueis resolved butalso the break-up of Yugoslavia isfinalised. only from the in2008,not Serbia Kosovo whichseceded independence of With the Yugoslavia which was not a closed issue because of the unsolved status of Kosovo. recognizingKosovo in 1991 torecognition in is2008 because of break-upthe of Further research is desirable, especially in the form isin especially research theFurther interviews since desirable, of non- from shifted community international the why reason the Thus, 54 CEU eTD Collection Reka Blerim, ‘UNMIK as an international governance in post-war Kosovo: NATO’s Intervention, UN administrationKosovo: and KosovarAdministrations,’ Logos-A, Skopje, 2003, post-war in governance international an as ‘UNMIK Blerim, Reka issues legal in practice,’ and Cambridge University Press, 2007 operational Kosovo: and Somalia Lebanon, in peacekeeping ‘UN Murphy, Ray Truth of Kosova,’ Encyclopaedia Publishing 1993,House, Tirana, Prifti KristaqThe Academy of Sciencesof the ofRepublic Albania, Institute of History, ‘The Ashgate Published, Ltd, England, 2007. Papkovic Alexander &Peter Radan, ‘Creating New States,’ Theory and Practice of Secession, (Symposium held in Tirana onApril 15 –161993), Tirana 1996,p,147. VIOLENCE INKOSOVA1981-1992, OFMILITARY-POLICE PHENOMENON THE PROBLEM,’ AND CURRENT A HISTORICAL KOSOVA ISSUE ‘THE Nushi Pajazit, Routledge, New Law’, York, Seventh edition 1997. International to Introduction ‘Modern AKEHURST’S, Peter, Malanczuk and Security Studies Institutes, Vienna, Academies 2003 ofDefence with:PfP-Consortium co-operation Viennain Management Conflict and Support Peace for Institute Academy Defence National Case the Yugoslavia,’ of Stability: International and Integrity Territorial ‘Self-Determination, Enver, Hasani Netherlands, 1993, Hannum ‘DocumentsHurst, on Autonomy and Martinus Minority Rights,’ Nijhoff, the Publishing Group, Oxford, 2006. Determination in the Twenty-First Century, Lexington Books, the Rowman & Littlefield Hannum Hurst &Babbit F. Eileen, ‘Negotiating Self-determination,’ Chapter 3:Self- Praeger,London, p, 1999, 159. Grant D. Thomas,‘The Recognition of States: Law and Practice in Debate and Evolution,’ Netherlands, 2003. Dahlitz Julie, Secession and International Law, Conflict Avoidance, ASSER T.M.C. PRESS, University Press. NewYork, 2005, Richard,Caplan ‘Europe and the Recognition of New States inYugoslavia,’ Cambridge instrument ofethnic conflict regulation: the European Community,’ 2002. RichardCaplan ‘Nations andNationalism,’‘ConditionalChapter: an recognition as Powder Keg,’(Symposium held in Tirana onApril 15 –161993, p,Tirana, 162. Biberaj Elez, ‘ TheNew York, 2001,pp, 76-77. KosovaBenson Issue Leslie Yugoslavia a Concisea History,Historical War, Civil War and Revolution, PALGRAVE, andBooks Current Problem; Kosova:Bibliography The Balkan 55 CEU eTD Collection http://devnet.anu.edu.au/online%20versions%20pdfs/53/19Gardiner53.pdf Andrew Gardiner,‘Recognising victim mentality’: A Lesson from Kosovo, p,70, Journals Ltd., Co & England, 1998,p, 145.Hurst C. of Kosovo, A history Albanian,’ and Serb ‘Between Miranda Vickers Martinus Nijhoff, 1994. Trifunovska‘Yugoslavia Snezana, ThroughDocuments From its its Creation to Dissolution,’ International Entities, International Law, Little Brown, Boston, 1991. Trimble‘Recognition Carter, of states and governments,’ States and Other Major Wars(1918-1941),Tirana, 1993 DeportationsAlbaniansof Forced Kosovafrom otherTerritories and Between the World The Two Problem,’ Current and A Historic Issue- Kosova ‘The Zamir, Shtylla The study on Kosova which was presented at the International Conference on Kosova in November Kosova on Conference 6, International the 1982 at presented was atwhich the Kosova on study GraduateThe Centre of the City University of New YorkThe Decision of the Constitutional of Court SFRY (SLLSFR), no.by, 37-900and (no. 86-91). S. S Juka, its to Creation its Dissolution,Martinus Nijhoff, 1994,p,474. From Documents Through Yugoslavia Trifunovska, Snezana by provided Opinion ofNo. 2 theArbitration Commission of the Peace onConference Yugoslavia, ,Doc, ‘The Truth of Kosova,’ EncyclopaediaPublishing House, Tirana, 1993. Doc, provided by: AcademyThe of Sciencesof the ofAlbania,Republic Institute of History, Constitutional Law on the Implementation of the Constitution of the Republic of Kosova, Sharply Divided on Issue, 5839th Meeting, New York, 2008. in Meets Emergency Council Session FollowingKosovo’s Declaration of Independence,’With Members ‘Security Council, Security Nations United of the session Emergency Truth of Kosova,’ Encyclopaedia Publishing 1993.House, Tirana, provided by: AcademyThe ofSciencesof theRepublic ofAlbania, Institute of History,‘The the new states,Application of the Republic of Kosova submitted to the European Council for recognition‘Letter of to the ExtraordinaryDocuments EPC Meeting of Brussels,’ Dec, 10, 1991, Doc, the Macedonian Issue’ Political Science Quarterly,109, No vol. Nikolaos Zahariadis,1999. 2, 75- Affairs, International onKosovo, Conference Rambouillet The Weller, Mark ‘NationalismDevelopments: Public Internationaland Law, Recognition of SmallStates Part 2, Vol. 42, No.2, 1993. Lowe A.V. andState Warbrick Collin, ‘The international and ComparativeForeign Law Quarterly,’ Current Policy:to the International Community,’ Volume 9, NumberThe 3,1998. Greek ResponseHillgruberChristian, ‘European Journal ofInternational Law,’ The Admission of New States to 56 CEU eTD Collection http://bjoerna.dk/kosova/UN-SC-Res-1244.htm United Nations Security Council Resolution 1244 onKosovo, on adopted 10th June 1999. News and Newspapers addressed to the Presidentof the Security Council,’ S/2007/168, 26 March 2007, United datedNations Security Council ‘LetterMarch 2007 fromthe General 26 Secretary http://www.unmikonline.org/press/reports/N9917289.pdf UN Security ResolutionCouncil 1244,S/RES/1244, 10June 1999, 1993. Tirana, House, Publishing Encyclopaedia Sciencesof the Republic ofAlbania, Institute of History, ‘The ofTruth Kosova,’ the People’s Assembly of the Republic of Albania 22,October 1991,The Academy of The Republic of Kosova isRecognized as aSovereign and Independent Declaration State, of Waldon Press,essay)’ United (an States, 1984. Documents Historical of Light in Yugoslavia in Albanians The ‘Kosova: Kosovo,UNOSEK/PR/19, March 10 2007, Vienna High-level meeting concludes 14months oftalks on processthe future status for http://www.un.org/News/Press/docs/2005/sga955.doc.htm United Nations Secretary General,955; BIO/3714, SG/A/ 15/11/2005, http://news.bbc.co.uk/2/hi/europe/682877.stm BBC News, Rambouilletdesigned talks to fail, 19March 2000, Kosovo, in role NATO’s Kosovo and NATO Crisis,’: CNN, European Journal Intervention? of Communication, Humanitarian SAGA, 2000, 15, p, 346.‘Legitimizing Thussu, Kishan Dayya g/default.asp?content_id=3560 Contact Group, RambouilletAccords, 23/2/1999, villagers-1074716.html January 1999, The Independent News by Wood,Paul ‘Recak Massacre: Serbs fire on grieving villagers’, 18 http://www.albanianhistory.net/texts19/AH1878_2.html The ofResolution the League of Prizren or Lidhjae inAlbanian,Prizerenit on 10 June 1878 5/nb-01 http://www.setimes.com/cocoon/setimes/xhtml/en_GB/features/setimes/newsbriefs/2009/04/0 Albania officially Croatia join NATO, 05.04.2009. http://www.assemblykosova.org/?krye=news&newsid=1635&lang=en Kosovo Declaration of Independence by the Assembly of Kosovo, Sunday, 17.02.2008, http://www.independent.co.uk/news/racak-massacre-serbs-fire-on-grieving- http://www.nato.int/cps/en/natolive/topics_48818.htm http://www.unosek.org/unosek/en/press.html 57 http://www.ohr.int/other-do c/contact- CEU eTD Collection http://www.number10.gov.uk/Page14594 recogniseKosovo –PM,18February PM News,2008, independent to UK http://news.bbc.co.uk/2/hi/europe/6519565.stm BBC NEWS,‘UN Kosovo’s Debates independence,’3April 2007, http://usinfo.state.gov Vince United Crawley, UNStates Supports Report EndorsingIndependent Kosovo, 58 CEU eTD Collection No. Country Kosovo. date of recognition and the Status of reciprocal diplomatic relations with Table their democracy index,1 Countries whichformally recognized Kosovo, Appendix: 2. 1. 10. 9. 8. 7. 6. 5. 4. 3. Afghanistan Kingdom States United United Turkey France Albania 8.04 Costa Rica Latvia Senegal 9.09 Australia 5.69 8.07 5.91 3.02 7.23 5.37 8.15 8.22 Index regime Hybrid democracy Full regime Hybrid democracy Full ian regime Authoritar democracy Flawed regime Hybrid democracy Full democracy Full democracy Full aeoy Date Category of 59 2008 February 18 2008 February 18 2008 February 18 2008 February 19 2008 February 18 recognition 2008 February 20 2008 February 19 2008 February 18 2008 February 18 2008 February 18 in Ankara Embassy of Kosovo in Pristina Embassy of Turkey in Tirana Embassy of Kosovo February 2008 in Pristina from 19 Embassy of Albania diplomatic relations Status of reciprocal government Kosovan Latvia andthe Embassy inVienna subordinate tothe Australia Kosovo, to Ambassador of 2008 May established on21 Diplomatic relations in London Embassy of Kosovo March 2008 Pristina from 5 British Embassy in in Washington, D.C. Embassy of Kosovo States in Pristina Embassy of United in Paris Embassy of Kosovo in Pristina Embassy of France CEU eTD Collection 12. 11. 20. 19. 18. 17. 16. 15. 14. 13. Luxembourg Switzerland Belgium Peru Denmark Italy Estonia 8.82 Germany Austria Poland 9.15 8.16 6.31 9.10 9.52 7.98 7.68 8.49 7.30 democracy Full democracy Full democracy Flawed democracy Full democracy Full democracy Full democracy Flawed democracy Full democracy Full democracy Flawed 60 2008 February 21 2008 February 21 2008 February 20 2008 February 28 2008 February 27 2008 February 26 2008 February 24 2008 February 22 2008 February 21 2008 February 21 in Rome in Embassy of Kosovo 2008 May Pristina from 15 Embassy of Italy in residing inBrussels to Kosovo, Estonia Ambassador of April 2008 in Tallinn on24 diplomatic relations established government Kosovan Estoniaand the in Berlin Embassy of Kosovo 2008 from 27February Germany inPristina Embassy of Embassy of Kosovo March 2008 in Pristina from 20 Embassy of Austria Bern in Embassy of Kosovo March 2008 Pristina from 28 Switzerland in Embassy of Brussels in Embassy of Kosovo Belgium in Pristina Liaison Office of Pristin Luxembourg in Liaison Office of from 6March 2008 Embassy inVienna subordinate tothe Denmark toKosovo, Ambassador of on 10June2008 diplomatic relations established [44] CEU eTD Collection 22. 21. 31. 30. 29. 28. 27. 26. 25. 24. 23. Netherlands Ireland Japan Finland Slovenia Iceland Sweden Croatia Hungary Monaco Canada 9.01 8.25 9.25 7.96 9.65 9.53 9.88 7.04 7.44 N/A 9.07 democracy Full democracy Full democracy Full democracy Full democracy Full democracy Full democracy Full democracy Flawed democracy Flawed N/A democracy Full 61 2008 19March 4March 2008 4March 2008 2008 February 29 2008 19March 2008 19March 2008 18March 2008 18March 7March 2008 5March 2008 5March 2008 November 2008 fromBudapest 11 Embassy in subordinate tothe Ireland toKosovo, Ambassador of Embassy of Kosovo November 2008 in Pristina from 6 Embassy ofCroatia Hungary inPristina Embassy of Embassy inZagreb subordinate tothe to Canada Kosovo, Ambassador of in Tokyo, to open. Embassy of Kosovo Japan inPristina Liaison Office of February 2009 established 25 Diplomatic relations open in The Hague, to Embassy of Kosovo June 2008 Pristina from 27 Netherlands in Embassy of the open in Stockholm, to Embassy of Kosovo Embassy inSkopje subordinate tothe Sweden inPristina, Liaison Office of in Vienna in Pristina Embassy of Finland open in Ljubljana, to Embassy of Kosovo 2008 May in Pristina from 15 Embassy of Slovenia CEU eTD Collection 36. 35. 34. 33. 32. 49. 48. 47. 46. 45. 44. 43. 42. 41. 40. 39. 38. 37. Montenegro Liechtenstein Leone Republic Marino Faso Islands Korea Bulgaria Colombia Sierra Liberia Czech San 7.36 Lithuania Burkina Nauru Marshall Norway South Portugal Samoa Malta Belize 7.02 6.43 6.54 5.25 N/A 9.68 N/A 8.05 N/A 8.39 N/A 4.11 8.19 N/A 3.60 N/A 8.01 democracy Flawed democracy Flawed democracy Flawed regime Hybrid democracy Flawed N/A democracy Full N/A democracy Full N/A democracy Full N/A regime Hybrid democracy Full N/A ian regime Authoritar N/A democracy Full 62 30 May 2008 30May 23April 2008 2008 25March 2008 15September 2008 7August 13June 2008 2008 11May 24April 2008 17April 2008 6 May 2008 6May 2008 28March 2008 28March 2008 20March 2008 9October 2008 7October 2008 21August 2008 6August 2008 21May Swiss embassy Swiss by the represented are interests Liechtenstein's September September 2008. established on1 with Kosovo Diplomatic relations in Pristina Embassy of Norway Bulgaria inPristina Embassy of open in Podgorica, to Embassy of Kosovo in Lisbon, to open Embassy of Kosovo relationsKosovo Republic– Czech see: For details in Prague, open. to Embassy of Kosovo July 2008 Pristina from 16 in Republic Czech Embassy of the in Zagreb, open. to CEU eTD Collection Wikipedia). index of the countries which recognized Kosovoistaken from (Democracy Index taken from (International Recognition of Wikipedia)Kosovo andthe democracy is The sources countriesrecognized whichformally Kosovo, Note: concerningthe Non UNmember state 61. 53. 52. 51. 50. 60. 59. 58. 57. 56. 55. 54. Macedonia Arabia Micronesia of States Arab Emirates (Taiwan) China Republic of Republic of Bahrain Comoros Saudi Gambia Palau Maldives Panama Federated Malaysia United 3.38 3.58 4.19 N/A N/A 7.35 6.36 6.21 1.90 N/A 2.60 N/A N/A ian regime Authoritar ian regime Authoritar regime Hybrid N/A N/A democracy Flawed democracy Flawed democracy Flawed ian regime Authoritar N/A ian regime Authoritar 63 19 May 2009 19May 2009 14May 7April 2009 6March 2009 2009 February 19 20April 2009 2008 5December 2008 14October 2009 16January 2008 30October 2008 9October 2008 February 18 16, 2009 established onApril Diplomatic relations Pristina Saudi Arabia in Liaison office of in Riyadh,toopen. Embassy of Kosovo open in Abu Dhabi, to Embassy of Kosovo Malaysia inPristina Liaison Office of in Skopje, to open. Embassy of Kosovo Pristina. in Macedonia Liaison Office of Republic of China from People's courting recognition reciprocated, hasnot Kosovo with 23 states. diplomatic relations Has official CEU eTD Collection No. index. democracy Table 2Countries which havenotrecognized Kosovo, andtheranking oftheir 7. 5. 4. 3. 2. 1. 25. 24. 23. 22. 21. 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. Country Jamaica Trinidad andTobago Timor-Leste Slovakia Brazil Botswana Israel Cyprus India Cape Verde Taiwan Chile South Africa Mauritius Uruguay Greece Spain NewZealand Sri Lanka Argentina Mexico Thailand Ukraine Romania 64 Index 7.21 7.21 7.22 7.33 7.38 7.47 7.48 7.70 7.80 7.81 7.82 7.89 7.91 8.04 8.08 8.13 8.45 9.19 6.61 6.63 6.78 6.81 6.94 7.06 Category democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed Full democracy Full democracy Full democracy Full democracy Full democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed CEU eTD Collection 31. 30. 29. 28. 27. 26. 55. 54. 53. 52. 51. 50. 49. 48. 47. 46. 45. 44. 43. 42. 41. 40. 39. 38. 37. 36. 35. 34. 33. 32. Suriname Mongolia Singapore Benin Guatemala Nicaragua Philippines Guyana Bolivia Honduras Dominican Republic Lesotho Indonesia El Salvador Paraguay Namibia Serbia Moldova Papua New Guinea Venezuela Ghana Mozambique Bangladesh Madagascar Lebanon Ecuador 5.70 Bosnia and Herzegovina Palestinian Authority HongKong Mali 65 6.58 6.60 5.89 6.06 6.07 6.07 6.12 6.12 6.15 6.18 6.20 6.29 6.34 6.40 6.40 6.48 6.49 6.50 6.54 5.34 5.35 5.49 5.52 5.57 5.62 5.64 5.83 5.85 5.87 democracy Flawed democracy Flawed Hybrid regime democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed democracy Flawed Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime democracy Hybrid regime CEU eTD Collection 68. 67. 66. 65. 64. 63. 62. 61. 60. 59. 58. 57. 56. 89. 88. 87. 86. 85. 84. 83. 82. 81. 80. 79. 78. 77. 76. 75. 74. 73. 72. 71. 70. 69. Nepal Uganda Fiji Malawi Zambia Tanzania Kazakhstan Cameroon Cuba Nigeria Rwanda Morocco Egypt Mauritania Jordan Iraq Kyrgyzstan Bhutan Haiti Pakistan Russia Armenia Burundi Ethiopia Georgia Kenya Cambodia Algeria Belarus Angola Kuwait Niger 66 5.03 5.11 5.13 5.25 5.28 3.45 3.46 3.52 3.53 3.71 3.88 3.89 3.91 3.93 4.00 4.05 4.05 4.09 4.19 4.30 4.46 4.48 4.51 4.52 4.62 4.79 4.87 3.32 3.34 3.35 3.39 3.41 Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime Hybrid regime regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian CEU eTD Collection 96. 95. 94. 93. 92. 91. 90. 114. 113. 112. 111. 110. 109. 108. 107. 106. 105. 104. 103. 12. 101. 100. 99. 98. 97. the Congo Azerbaijan Côted'Ivoire Democratic Republic of Eritrea Djibouti Togo Tajikistan Vietnam Zimbabwe Sudan Iran Qatar Republic of the Congo Yemen Tunisia Oman Gabon Swaziland China Guinea-Bissau Libya Guinea Laos Syria Equatorial Guinea 67 3.19 3.27 2.31 2.37 2.43 2.45 2.53 2.53 2.81 2.83 2.92 2.94 2.95 2.96 2.98 3.00 3.04 3.04 1.99 2.00 2.09 2.10 2.18 2.19 2.28 regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian CEU eTD Collection Index Wikipedia). index of the countries whichdidnot recognize is Kosovo taken from (Democracy taken from (International Recognition of Wikipedia)Kosovo andthe democracy Note: Thesources concerning thecountries which did not recognize Kosovo,is 120. 119. 118. 117. 116. 115. North Korea North Myanmar Central African Republic Chad Turkmenistan Uzbekistan 68 0.86 1.77 1.86 1.52 1.72 1.74 regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime Authoritarian regime