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Afflnnation of Statehood and Territorial Integrity of Croatia (2)

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Afflnnation of Statehood and Territorial Integrity of Croatia (2) JANUARY~~~~~~~ - MARCH~~~---1999------------------------------------------------------27 Afflnnation of Statehood and Territorial Integrity of Croatia (2) Hrvoje Kacic The Diplomatic Recognition of Croatia 1992 must be seen as the keystone to the recognition of Croatia. The subsequent recognition by other states The disintegration or collapse of Yugoslavia was only a logical consequence of the European was well underway. With the August 27, 1991 resolu- Twelve's consensus-based decision. tion by the European Twelve (with the agreement of The United States, it should be noted, had al- all the republics and the federal government of the ready announced officially that it would stand by any former Yugoslavia who were participating in the con- decision by the European Community with regard to ference), Yugoslavia de [acto became a state under recognizing Croatia - and thus on the fate of international trusteeship. Yugoslavia thereby achieved Yugoslavia's unity - no matter what that decision a unique distinction in the history of international re- might be. Actually, the United States decided to rec- lations, since normally the states that are emerging as ognize Croatia only on April 7, 1992, that is after con- independent entities are placed under the tutorship of siderable delay, and just one day before Croatia, international organizations, while in the case of Yu- Slovenia, and Bosnia-Herzegovina were to be accepted goslavia it was the latter's passing away which was as full-fledged members in the United Nations. occurring when Yugoslavia became under an interna- As noted already, with the establishment of the tional protectorate. This situation was confirmed by Conference on Yugoslavia under the aegis of the Eu- United Nations Security Council Resolution 713. ropean Community, it was understood that the final In tandem with this, Croatia's international le- result of the Conference would be to grant diplomatic gal identity was also devel- recognition to those repub- oping apace, beginning on The article gives a historical lics of the former SFRY June 25, 1991. By the very overview of the political which desired it. The course act of passing its Declaration developments leading to the of events, however, was to of Independence that day, break-up of Yuqoslavla and, proceed in a different and Croatia achieved its deJacto subsequently, affirmation of the unplanned manner, due to recognition, followed Croatian state and its territorial the onslaught by the quickly by political recogni- integrity. The initial international Yugoslav Army (that is by tion when the European situation was not in favour of Serbia and Montencgro) Community sent its delega- Croatian independence since the against Croatia, which invol- tion on June 28, 1991 to international community intended ved the use of tanks, aircraft, Zagreb to meet with the lead- warships, and surface-to- to preserve the common Yugoslav ers of Croatia and Slovenia. surface missiles, despite the state. After the Croatian (and Final diplomatic recognition repeated cease-fires on was only of a declamatory Siovenian) declaration of which the European Com- nature. independence (1991) the EC and munity insisted as expressed The mutual recogni- UN began to see the impossibility through its mission in tion between Croatia and of a Yugoslav state, a fact soon Croatia. Slovenia as soon as they had highlighted by the aggressive The world, and espe- proclaimed their indepen- Belgrade's military intervention. cially Europe, was shocked dence marked the beginning Further, particular role of Germany by the brutality of the aggres- of this process of diplomatic and diplomatic recognition of sion against Croatia, and recognition. Soon thereafter, Croatian state are discussed Germany now took the lead Latvia, the Ukraine, and including an overview of the in promoting the position that recognizing Croatia Lithuania were to recognize developments concerning the Croatia, to be followed by could reduce the level ofvio- final recognition of Croatian Iceland. Nevertheless, the lence of those attacks and territorial integrity. diplomatic recognition ex- put a stop to the aggression. tended by the European In addition to the factors al- Community on January 15, Key words: Croatia, Yugoslavia ready mentioned which en- 28 CROATIAN INTERNATIONAL RELATIONS REVIEYi abled Germany - along with Austria and the Vatican Croatia already met those criteria and following small - to take a positive stand before others did on recog- adjustments the only question that remained was when nizing Croatia, there were also other even more im- diplomatic recognition would follow. portant factors: Lord Carrington, however, was strongly op- l.The world was impressed by the willingness posed to an early recognition, and firmly believed that of the Croatians, and especially of the younger gen- at that moment conditions were not ripe yet and that eration, to take up arms and to stand up to a militarily the necessary preconditions for the recognition of much stronger adversary. Slovenia and Croatia had not been met yet i.e. in De- 2.The world was shocked by the brutality with cember 1991. In other words, he still adhered to the which the aggressor attacked and destroyed Croatia's European Community's earlier position that recogni- cities and villages, killing and expelling the civilian tion for Slovenia and Croatia should be coordinated population, and plundering. with the outcome of the Conference on Yugoslavia. 3.Initially, Germany sought to gain the support Great Britain's Foreign Minister, Douglas Hurd, was of the rest of the European Community through infor- somewhat less adamant, but he was also convinced mal contacts at a time when consultations among the that recognition was still premature. Allied to European Community's foreign ministers were espe- Genscher on this question were Denmark's Foreign cially intensive in preparation for the Maastricht Con- Minister Ellernann-Jensen and Belgium's Eyskens. ference. To be clear, the Maastricht Conference held France's Foreign Minister Roland Dumas did not take on December 9-10, 1991, turned out to be a major an openly opposing stand, but emphasized instead the disappointment for Croatian public opinion, since the need to understand Germany's position. At that meet- Croatian issue was not even mentioned on the ing, Italy's de Michelis, who up to then routinely had conference's official agenda. However, what the con- taken a favourable stand toward Belgrade, warned ference did establish was in fact that the member states (possibly influence by Cossiga and by Andreotti's re- should adopt a common position on matters of defence thinking) that the European Community's credibility and foreign policy. This was to be a decisive factor in was being undermined by the Serbs' ignoring of its the European Community meeting held a week later positions and warnings. De Michelis took the posi- in Brussels. tion that an end had to be put to this situation, and that this could be accomplished by granting recognition to Croatia and Slovenia. In particular, de Michelis The European Community Makes A Decision stressed that all the European Community members had to agree unanimously on a decision on recogni- Despite the request which de Cuellar and Baker tion. Van den Broek (as the President of the European sent in writing to Genscher and the one Bush sent to Community's Council of Ministers - a position which Kohl on December 15, 1991 for Germany not to rush rotated every six months) - also accepted this posi- unilaterally into recognizing Croatia and Slovenia - a tion, as he was especially irritated by Belgrade's du- request intended to moderate Germany's known in- plicity. Specifically, the Serbian-dominated Yugoslav tention to do so - these demarches by the Secretary Army on several occasions had signed cease-fire General of the United Nations and by the President of agreements and had promised not to shell civilian tar- the United States did not have any effect, since gets. Contrary to the commitments already undertaken Genscher was able to deflect such warnings and ap- the Yugoslav Army continued its attacks and seizure proaches skilfully. of territory undeterred. The attacks on Vukovar, Slunj, At Genscher's initiative, a discussion of a "list Drnis, Zadar, Karlovac, Osijek, and Dubrovnik re- of conditions" for the recognition of new states - or vealed the true nature of the Yugoslav Army's out-of- more exactly a declaration of procedures for the rec- control leadership and had a profound impact on Van ognition of new states in Eastern Europe and the So- den Broek's views. viet Union - was placed on the agenda of the Confer- Thanks to the principles announced in ence on Yugoslavia. The draft of this document had Maastricht mandating a united approach on foreign been worked out already by France and Germany, and policy matters for members of the European Commu- contained the criteria which individual countries nity a consensus was achieved on December 17, 1991 would have to fulfil in order to meet the precondi- on diplomatic recognition of Croatia and Slovenia. It tions for diplomatic recognition. The foreign minis- is natural and to be expected that differences could ters quickly reached agreement on these criteria, based arise in the assessments and positions of twelve inde- on the text of the above-mentioned declaration, a de- pendent countries, especially when the focus of such cision which followed naturally from the reports of differences was only on the appropriate moment to the Arbitration Commission of the European provide Croatia and Slovenia with protection and the Community's Conference on Yugoslavia. Slovenia and satisfaction of a diplomatic recognition from such a JANUARY - MARCH 1999 29 respected group of countries. Indeed, it would be more included countries on all continents. With that, surprising if such differences did not exist, especially Croatia's legal existence as a state was confirmed ir- given the different experience, level of knowledge, revocably and for all times.
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