Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

2008 Kosovo declaration of independence

From Wikipedia, the free encyclopedia

Constitution andlaw

The2008 Kosovo declaration of independence, which proclaimed theRepublic of Kosovo to be an independent and sovereign state, was adopted at a meeting held on 17 February 2008 by 109 out of the 120 members of theAssembly of Kosovo, including thePrime Minister of Kosovo,Hashim Thaçi, and by thePresident of Kosovo,Fatmir Sejdiu (who was not a member of the Assembly).[1] It was the second declaration of independence byKosovo's Albanian-majority political institutions;the first was proclaimed on 7 September 1990.[2]

The legality of the declaration has been disputed.Serbia sought international validation and support for its stance that the declaration was illegal, and in October 2008 requestedan advisory opinion from theInternational Court of Justice.[3] The Court determined that the declaration did not violate international law.[4]

As a result of the ICJ decision, a joint Serbia–EU resolution was passed in theUnited Nations General Assembly which called for anEU-facilitated dialogue between Belgrade and Pristina to "promote cooperation, achieve progress on the path to the European Union and improve the lives of the people."[5] The dialogue resulted in the2013 Brussels deal between Belgrade and Pristina which abolished all of the Republic of Serbia's institutions in Kosovo. Dejan Pavićević is the official representative of Government of Serbia in Pristina.[6] Valdet Sadiku is the official representative of Kosovo to Serbia.[7]

History

[edit]
Map of the Republic of Kosovo
Main article:History of Kosovo

Background

[edit]

TheProvince of Kosovo took shape in 1945 as theAutonomous Region of Kosovo and Metohija withinSocialist Yugoslavia, as anautonomous region within thePeople's Republic of Serbia.[8] Initially a ceremonial entity, more power was devolved to Kosovan authorities with each constitutional reform. In 1968 it became theSocialist Autonomous Province of Kosovo and in 1974, a new Yugoslav constitution enabled the autonomous province to function with some elements of self-governance including an assembly, government and a right to its own constitution.[9][10] Increasing ethnic tension throughout Yugoslavia in the late 1980s amid rising nationalism among its nations eventually led to a decentralised state: this facilitated Serbian PresidentSlobodan Milošević's effective termination of the privileges awarded to the Kosovar assembly in 1974. The move attracted criticism from the leaderships of the other Yugoslav republics but no higher authority was in place to reverse the measure. In response to the action, the Kosovo Assembly voted on 2 July 1990 to declare Kosovoan independent state, and this received recognition from Albania.[11][12] Astate of emergency and harsh security rules were subsequently imposed against Kosovo's Albanians following mass protests. The Albanians established a "parallel state" to provide education and social services while boycotting or being excluded from Yugoslav institutions.

Kosovo from 1946 to 1992 (Source: CIA)

Kosovo remained largely quiet through theYugoslav wars. The severity of the Yugoslav government in Kosovo was internationally criticised. In 1996, theKosovo Liberation Army (KLA) began attacking federal security forces. The conflict escalated until Kosovo was on the verge of all-out war by the end of 1998. In January 1999,NATO warned that it would intervene militarily against Yugoslavia if it did not agree to the introduction of aninternational peacekeeping force and the establishment ofautonomous government in Kosovo. Subsequent peace talks failed and from 24 March to 11 June 1999, NATO carried outa bombing campaign against FR Yugoslavia including targets in Kosovo itself.[13] The war ended with Milošević agreeing to allow NATO peacekeepers into Kosovo and withdrawing all security forces so as to transfer governance to theUnited Nations.[13][14]

Build-up

[edit]
Further information:United Nations Interim Administration Mission in Kosovo,Constitutional status of Kosovo, andKosovo status process

A NATO-led Kosovo Force (KFOR) entered the province following theKosovo War, tasked with providing security to the UN Mission in Kosovo (UNMIK). Before and during the handover of power, an estimated 100,000 Serbs and other non-Albanians, mostlyRomani people, fled the province for fear of reprisals. In the case of the non-Albanians, the Romani in particular were regarded by many Albanians as having assisted federal forces during the war. Many left along with the withdrawing security forces, expressing fears that they would be targeted by returning Albanian refugees and KLA fighters who blamed them for wartime acts of violence. Thousands more were driven out by intimidation, attacks and a wave of crime after the war.

Large numbers of refugees from Kosovo still live in temporary camps and shelters in Serbia proper. In 2002, Serbia and Montenegro reported hosting 277,000 internally displaced people (the vast majority being Serbs and Roma from Kosovo), which included 201,641 persons displaced from Kosovo into Serbia proper, 29,451 displaced from Kosovo into Montenegro, and about 46,000 displaced within Kosovo itself, including 16,000 returning refugees unable to inhabit their original homes.[15][16]Some sources put the figure far lower. In 2004 the European Stability Initiative estimated the number of displaced people as being only 65,000, with 130,000 Serbs remaining in Kosovo, though this would leave a significant proportion of the pre-1999 ethnic Serb population unaccounted-for. The largest concentration of ethnic Serbs in Kosovo is in the north of the province above theIbar river, but an estimated two-thirds (75,000) of the Serbian population in Kosovo continue to live in the Albanian-dominated south of the province.[17]

In March 2004, there was a seriousinter-ethnic clash betweenKosovo Albanians andKosovo Serbs that led to 27 deaths and significant property destruction. The unrest was precipitated by misleading reports in the Kosovo Albanian media which falsely claimed[citation needed] that three Kosovo Albanian boys had drowned after being chased into theIbar River by a group of Kosovo Serbs.UNMIK peacekeepers andKFOR troops failed to contain a raging gun battle between Serbs and Albanians.[18] The Serbian Government called the eventsthe MarchPogrom.[19]

In 2005 theSwissFederal Councillor responsible for Foreign Affairs,Micheline Calmy-Rey, was the first official of a country to publicly express support for the independence of Kosovo.[20][21][22]

International negotiations began in 2006 to determine the final status of Kosovo, as envisaged underUN Security Council Resolution 1244 which ended theKosovo conflict of 1999. Serbia's continued sovereignty over Kosovo was recognised internationally. The vast majority of the province's population sought independence.

Since the 2008 declaration

[edit]
Countries recognizing Kosovo by the end of 2008

The 2008 declaration was a product of failed negotiations concerning the adoption of theAhtisaari plan, which broke down in the fall of 2007. The plan, prepared by theUNSpecial Envoy and formerPresident of Finland,Martti Ahtisaari, stipulated a sort of supervised independence for Kosovo, without expressly using the word "independence" among its proposals.[23] Under the plan, Kosovo would gain self-governance under the supervision of theEuropean Union, and become obligated to expressly protect its minorities' rights by means of aconstitution and a representative government.[24] Kosovo would be accorded its own national symbols such as a flag and acoat of arms, and be obligated to carry out border demarcation with theRepublic of North Macedonia.[24] The Albanian negotiators supported the Ahtisaari plan essentially in whole, and the plan gained the backing of theEuropean Union and of theUnited States.[25] However,Serbia andRussia rejected it outright, and no progress was possible on theUnited Nations front.

Faced with no progress on negotiations in sight, the Kosovars decided to unilaterally proclaim theRepublic of Kosovo, obligating themselves in the process to follow the Ahtisaari plan's provisions in full.[23] As of mid-April 2008, this was largely the case, with the new Republic adopting a constitution written by local and international scholars protecting minority rights and providing for a representative government with guaranteed ethnic representation, which law took effect on 15 June 2008. It also adopted some of its national symbols already, including the flag and coat of arms, while work continues on defining the anthem. It also engaged, albeit with a delay, in the border demarcation talks withNorth Macedonia, initially insisting on being recognised first but dropping this condition later on.

The 2008 Kosovo declaration of independence elicited mixed reaction internationally and a polarised one domestically, the latter along the division ofKosovo Serbs vs. theKosovo Albanians. Accordingly, effective control in Kosovo has also fractured along these lines.

After 13 years of international oversight, Kosovo's authorities formally obtained full unsupervised control of the region (less onlyNorth Kosovo) on 10 September 2012 when Western powers terminated their oversight. The International Steering Group, in its final meeting with the authorities in Pristina, declared that the Comprehensive Proposal for the Kosovo Status Settlement, known as the Ahtisaari plan after its Finnish UN creator, had been substantially implemented.[26] Nonetheless, as of November 2015,United Nations Interim Administration Mission in Kosovo still functions, albeit at a greatly reduced capacity.

Political background

[edit]
Main article:Kosovo status process
Ethnic composition of Kosovo as of 2005

After the end of theKosovo War in 1999, theUnited Nations Security Council adoptedResolution 1244 to provide a framework for Kosovo's interim status. It placed Kosovo under transitional UN administration, demanded a withdrawal of Serbian security forces from Kosovo and envisioned an eventual UN-facilitated political process to resolve the status of Kosovo.

In February 2007,Martti Ahtisaari delivered a draft status settlement proposal to leaders inBelgrade andPristina, the basis for a draft UN Security Council Resolution which proposed 'supervised independence' for the province. By early July 2007 a draft resolution, backed by theUnited States and theEuropean Union members of theSecurity Council, had been rewritten four times to try to accommodate Russian concerns that such a resolution would undermine the principle of state sovereignty. However, it had still not found agreement.[27] Russia, which holds a veto in the Security Council as one offive permanent members, stated that it would not support any resolution which was not acceptable to both Serbia and the Kosovo Albanians.[28] While most observers had, at the beginning of the talks, anticipated independence as the most likely outcome, others suggested that a rapid resolution might not be preferable.[29]

The talks finally broke down, late 2007 with the two sides remaining far apart, with the minimum demands of each side being more than the other was willing to accept.

At the turn of 2008, the media started reporting that the Kosovo Albanians were determined to proclaim independence.[citation needed] This came at the time when the tenth anniversary of the Kosovo War was looming (with the five-year anniversary being marked byviolent unrest); the U.S. PresidentGeorge W. Bush was in his last year in power and not able to seek re-election; and two nations which had previously seceded from Yugoslavia were in important political positions (Sloveniapresiding over the EU and Croatia an elected member of theUN Security Council). The proclamation was widely reported to have been postponed until after the2008 Serbian presidential election, held on 20 January and 3 February, given that Kosovo was an important topic of the election campaign.

Adoption and terms of the declaration of independence

[edit]

The text of the declaration of independence is shown in the Albanian language with an English translation below:

"Ne, udhëheqësit e popullit tonë, të zgjedhur në mënyrë demokratike, nëpërmjet kësaj Deklarate shpallim Kosovën shtet të pavarur dhe sovran. Kjo shpallje pasqyron vullnetin e popullit tonë dhe është në pajtueshmëri të plotë me rekomandimet e të Dërguarit Special të Kombeve të Bashkuara, Martti Ahtisaari, dhe Propozimin e tij Gjithëpërfshirës për Zgjidhjen e Statusit të Kosovës."

"We, the democratically elected leaders of our people, hereby declare Kosovo to be an independent and sovereign state. This declaration reflects the will of our people and it is in full accordance with the recommendations of UN Special Envoy Martti Ahtisaari and his Comprehensive Proposal for the Kosovo Status Settlement. We declare Kosovo to be a democratic, secular and multi-ethnic republic, guided by the principles of non-discrimination and equal protection under the law."

The declaration of independence was made by members of theKosovo Assembly as well as by thePresident of Kosovo meeting inPristina, the capital of Kosovo, on 17 February 2008. It was approved by a unanimous quorum, numbering 109 members. Eleven deputies representing the Serbian national minority boycotted the proceedings. All nine other ethnic minority representatives were part of thequorum.[30] The terms of the declaration state that Kosovo's independence is limited to the principles outlined by theAhtisaari plan. It prohibits Kosovo from joining any other country, provides for only a limited military capability, states that Kosovo will be under international supervision and provides for the protection of minority ethnic communities.[31] The original papyrus version of the declaration signed that day is in the Albanian language.[32] The Albanian text of the declaration is the sole authentic text.[32]

International disputes

[edit]

Legality of the declaration

[edit]
Kosovo passport stamps cancelled by Serbian passport control police to demonstrate its non-recognition of Kosovo's secession.

On 18 February 2008 theNational Assembly of the Republic of Serbia declared Kosovo's declaration of independence as null and void per the suggestion of theGovernment of the Republic of Serbia, after the Constitutional Court of the Republic of Serbia deemed the act illegal arguing it was not in coordination with the UN Charter, the Constitution of Serbia, the Helsinki Final Act,UN Security Council Resolution 1244 (including the previous resolutions) and the Badinter Commission.[33]

According to writerNoel Malcolm, the 1903 constitution was still in force at the time that Serbia annexed Kosovo[34][35][36] during theFirst Balkan War. He elaborates that this constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, he argues, Kosovo should not have become part of theKingdom of Serbia. It was initially ruled by decree.[37][38][page needed]

TheContact Group had issued in 2005 the Guiding Principles upon which the final status of Kosovo shall be decided.[39]

Precedent or special case

[edit]
Main article:Kosovo independence precedent

Recognition of Kosovo's independence is controversial. A number of countries fear that it is a precedent, affecting other contested territories in Europe and non-European parts of the former Soviet Union, such asAbkhazia andSouth Ossetia.[40][41]

The text of Kosovo's declaration of independence addressed this issue by stating "...Observing that Kosovo is a special case arising from Yugoslavia's non-consensual breakup and is not a precedent for any other situation, Recalling the years of strife and violence in Kosovo, that disturbed the conscience of "all civilized people"..." However, Ted Galen Carpenter of theCato Institute stated the view of Kosovo beingsui generis and setting no precedent is "extraordinarily naïve".[40]

United Nations involvement

[edit]
See also:International Court of Justice advisory opinion on Kosovo's declaration of independence

The newly proclaimed republic has not been seated at theUnited Nations, as it is generally believed that any application for UN membership would be vetoed by Russia.[42] Russia vowed to oppose Kosovo's independence with a "plan of retaliation".[42][43] Serbia has likewise proactively declared the annulment of Kosovo's independence and vowed to oppose Kosovo's independence with a package of measures intended to discourage the international recognition of the republic.[44]

On 8 October 2008, the UN General Assembly voted to refer Kosovo's independence declaration to theInternational Court of Justice; 77 countries voted in favour, 6 against and 74 abstained. The ICJ was asked to give an advisory opinion on the legality of Kosovo's declaration of independence from Serbia in February.[45] The court delivered its advisory opinion on22 July 2010; by a vote of 10 to 4, it declared that "the declaration of independence of the 17th of February 2008 did not violate generalinternational law because international law contains no 'prohibition on declarations of independence'."[46]

Reactions to the declaration of independence

[edit]
Main article:International recognition of Kosovo
Map of states that haverecognised Kosovo independence
  Kosovo
  States that formally recognise Kosovo
  States that do not recognise Kosovo
  States that recognized Kosovo and later withdrew that recognition

Reactions in Kosovo

[edit]

Kosovo Albanians

[edit]
[icon]
This sectionneeds expansion. You can help byadding to it.(December 2009)
TheNewborn monument unveiled at the celebration of the 2008 Kosovo declaration of independence proclaimed earlier that day, 17 February 2008, in the capital,Pristina.

Ethnic Albanians in Kosovo greeted the news with celebration.[47][48][49]

Kosovo Serbs

[edit]
Main article:2008 unrest in Kosovo

The bishop of theSerbian Orthodox Church in Kosovo,Artemije Radosavljević, reacted in anger, stating that Kosovo's independence was a "temporary state of occupation", and that "Serbia should buy state of the art weapons from Russia and other countries and call on Russia to send volunteers and establish a military presence in Serbia."[50]

InNorth Kosovo, a UN building housing a courthouse and jail was attacked by a hand grenade, causing slight damage but no casualties. An unexploded grenade was found across the street, near a hotel that houses EU officials.[51]

An explosive device was detonated inMitrovica, damaging two vehicles. No casualties or injuries were reported.[52]

Serb protestors in Kosovo set fire to two border crossings on Kosovo's northern border. Both crossings are staffed by Kosovar andUNMIK police. No injuries were reported in the attacks, but the police withdrew untilKFOR soldiers arrived.[53]

A Japanese journalist wearing a UN uniform was beaten by Serbs in northern Mitrovica.[54]

Hundreds of Serbs protested in the Kosovo town ofMitrovica on 22 February, which was somewhat peaceful aside from some stone-throwing and a little fighting.[55]

On 14 March 2008 Serb protesters forcibly occupied the UN courthouse in the northern part of Kosovska Mitrovica. On 17 March, UNMIK peacekeepers and KFOR troops entered the courthouse to end the occupation. In the following clashes with several hundred protesters, one Ukrainian UNMIK police officer was killed, over 50 persons on each side were wounded and one UNMIK and one KFOR vehicle were torched. The UNMIK police withdrew from northern Mitrovica leaving KFOR troops to maintain order.[56][57]

TheCommunity Assembly of Kosovo and Metohija first met on 28 June 2008, to coordinate Serb responses to the new government.

Serbian reaction

[edit]
Main articles:Serbia's reaction to the 2008 Kosovo declaration of independence and2008 Serbian protests

Official reaction by theGovernment of Serbia included instituting pre-emptively on 12 February 2008 an Action Plan, which stipulated, among other things, recalling the Serbian ambassadors for consultations in protest from any state recognising Kosovo,[58] issuing arrest warrants for Kosovo leaders for high treason,[59] and even dissolving the government on grounds of lack of consensus to deal with Kosovo, with new elections scheduled for 11 May 2008,[60][61] as well as a rogue minister proposing partitioningKosovo along ethnic lines,[62] which initiative was shortly thereafter disavowed by the full Government, as well as the President.[63] Late in March the government disclosed its intent to litigate the issue at theInternational Court of Justice and seek support at theUnited Nations General Assembly in September 2008.[64]

ThePrime Minister of Serbia,Vojislav Koštunica, has blamed the United States for being "ready to violate the international order for its own military interests" and stated that "Today, this policy of force thinks that it has triumphed by establishing a false state. [...] As long as the Serb people exist, Kosovo will be Serbia."[65]Slobodan Samardžić, the Serb minister for Kosovo, stated that, "A new country is being established by breach of international law [...] It's better to call it a fake country."[66] However, the Serbian government says they will not respond with violence.[67]

On 17 February, about 2,000 Serbs protested at the United States Embassy in Belgrade, with some throwing stones andfirecrackers at the building before being driven back by riot police.[48] Protestors also broke windows of the embassy ofSlovenia, the state that controlled the EU presidency.[68] InBelgrade andNovi Sad,McDonald's restaurants were damaged by protestors.[69] The Serbian division ofU.S. Steel, based inSmederevo, had a false bomb threat called in.[70]

The Crown Council ofHouse of Karadjordjevic, a former royal family of Serbia and Yugoslavia, rejected Kosovo's declaration of independence, saying that: "Europe had diminished its own morale, embarrassed its own history and shown that it carries within its organism the virus of its own downfall", and that "it is a defeat of the idea of democracy... a defeat of the universally accepted rules of international law", and that a "part of the project ofMussolini andHitler has finally been accomplished, in the territory of Serbia".[71]

On 21 February, there werelarge demonstrations by Serbs in Belgrade. There were more than 500,000 protesters. Most protesters were non-violent, but small groups attacked the United States and Croatian embassies. A group broke into The United States embassy, set it on fire, and attempted to throw furniture through the windows. The embassy was empty, except for security personnel. No embassy staff were injured, but a corpse was found; embassy spokeswoman Rian Harris stated that the embassy believes it to be an attacker.[72] Police took 45 minutes to arrive at the scene, and the fire was only then put out. US ambassador to the UNZalmay Khalilzad was "outraged", and requested the UN Security Council immediately issue a statement "expressing the council's outrage, condemning the attack, and also reminding the Serb government of its responsibility to protect diplomatic facilities." The damage to the Croatian embassy was less serious.[72]

The Turkish and British embassies were also attacked, but police were able to prevent damage. The interior of a McDonald's was damaged. A local clinic admitted 30 injured, half of whom were police; most wounds were minor.[72]

The Security Council responded to these incidents by issuing a unanimous statement that, "The members of the Security Council condemn in the strongest terms the mob attacks against embassies in Belgrade, which have resulted in damage to embassy premises and have endangered diplomatic personnel," noting that the1961 Vienna Convention requires host states to protect embassies.[73]

On 22 February, theUnited Statesembassy in Serbia ordered the temporaryevacuation of all non-essential personnel, after the protests and attacks on the embassy. Rian Harris, a U.S. embassy spokeswoman, explained the evacuation toAFP saying that "Dependents are being temporarily ordered to depart Belgrade. We do not have confidence that Serbian authorities can provide security for our staff members."[55]

Reactions in the former Yugoslavia

[edit]

On 23 February, 44 protesters were arrested afterburning the Serbian flag, in the main square ofZagreb (Croatia), following Serb protesters attacking the Croatian embassy inBelgrade,Serbia.[74]

Hundreds ofBosnian Serb demonstrators broke away from a peaceful rally inBanja Luka on 26 February 2008 and headed for theUnited States Embassy's office there, clashing with police along the way.[74]

In Montenegro, protests were held inPodgorica on 19 February. Protesters waved flags of theSerb People's Party and theSerbian Radical Party. Serb parties led by theSerb List are calling for a protest on 22 February to protest the independence bid.[75]

International reaction

[edit]
Main article:International recognition of Kosovo

Unlike the1990 Kosovo declaration of independence, which onlyAlbania recognised,[76] Kosovo's second declaration of independence has received 111diplomatic recognitions. However, many states have also showed their opposition to Kosovo's declaration of independence, most notablyIndia,China andRussia. Serbia announced before the declaration that it would withdraw its ambassador from any state which recognised independent Kosovo.[77] Serbia, however, maintains embassies in many countries which recognise Kosovo, including Albania, Canada, Croatia, France, Germany, Hungary, Italy, Japan, the Netherlands, Norway, South Korea, Turkey, the UAE, the UK, and the US.[78]

Reaction within the European Union

[edit]
Celebration of the declaration of independence of Kosovo inVienna,Austria

On 18 February 2008 the EU presidency announced after a day of intense talks between foreign ministers that member countries were free to decide individually whether to recognise Kosovo's independence. The majority of EU member states have recognised Kosovo, but Cyprus, Greece, Romania, Slovakia and Spain have not.[79] Some Spanish people (scholars or from the Spanish Government or opposition parties) challenged the comparison made by the Basque Government that way of Kosovo's independence could be a path for theindependence of the Basque Country andCatalonia.[80]

Shortly before Kosovo's declaration of independence, theEuropean Union approved deployment of a non-military 2,000-member Rule of Law mission, "EULEX", to develop further Kosovo's police and justice sector. All twenty-seven members of the EU approved the EULEX mandate, including the minority of EU countries that have still not recognised Kosovo's independence. Serbia has claimed that this is an occupation and that the EU's move is illegal.[81]

Outside the EU

[edit]
People celebrating Kosovo's declaration of independence inLausanne,Switzerland, with their car holding theSwiss,Albanian, andAmerican flags

United States presidentGeorge W. Bush welcomed the declaration of independence as well as its proclamation of friendship with Serbia, stating: "We have strongly supported theAhtisaari plan [implying Kosovo's independence]. We are heartened by the fact that the Kosovo government has clearly proclaimed its willingness and its desire to support Serbian rights in Kosovo. We also believe it's in Serbia's interests to be aligned with Europe and the Serbian people can know that they have a friend in America."[82]

Russia reacted with condemnation, stating they "expect the UN mission and NATO-led forces in Kosovo to take immediate action to carry out their mandate [...] including the annulling of the decisions of Pristina's self-governing organs and the taking of tough administrative measures against them."[82]

InTirana, the capital ofAlbania, 'Kosovo Day' was held as a celebration,[83] and a square in central Tirana was named for this occasion.[84]

TurkishPrime MinisterTayyip Erdoğan phonedPrime MinisterHashim Thaçi, commenting on the declaration of independence, and that it "will bring toBalkans peace and stability".[85]

TheRepublic of China's (commonly known as Taiwan; non-UN member) Foreign Ministry stated "We congratulate the Kosovo people on their winning independence and hope they enjoy the fruits of democracy and freedom. [...] Democracy andself-determination are the rights endorsed by the United Nations. The Republic of China always supports sovereign countries' seeking democracy, sovereignty and independence through peaceful means."[86] Taiwan's political rival, thePeople's Republic of China, responded quickly, saying that "Taiwan, as a part of China, has no right and qualification at all to make the so-called recognition".[87]

AmongstSoutheast Asian countries where Muslim separatist movements were active in at least three states,Indonesia, with the world's largest Muslim population, deferred recognition of an independent Kosovo,[88] while thePhilippines declared it will not oppose, nor support Kosovo's independence.[89][90] Both countries face pressures from Muslim separatist movements within their territories, notablyAceh and southernMindanao respectively.Vietnam expressed opposition,[91] whileSingapore reported that it was still studying the situation.[92]Malaysia, which headed theOrganisation of the Islamic Conference at the time, formally recognized Kosovo's sovereignty three days after its independence.[93]

Hashim Thaçi and then U.S. Vice PresidentJoe Biden with the Declaration of Independence of Kosovo.

AustralianPrime MinisterKevin Rudd backed Kosovan independence on the morning of 18 February, saying "This would appear to be the right course of action. That's why, diplomatically, we would extend recognition at the earliest opportunity."[94]New Zealand's FormerPrime MinisterHelen Clark said that New Zealand would neither recognise nor not recognise an independent Kosovo.[95] Pro-Independence rallies were held by ethnic Albanians in Canada in the days leading up to the declaration.[96]

On 9 November 2009 New Zealand formally recognised Kosovo's independence.

The President ofNorthern Cyprus (a state not recognised by the UN),Mehmet Ali Talat, saluted the independence of Kosovo and hopes that the state is respected and assisted, in staunch opposition to the position of theRepublic of Cyprus.[97]

United Nations

[edit]

Following a request fromRussia, theUnited Nations Security Council held an emergency session in the afternoon of 17 February 2008.[81] TheUnited Nations Secretary-General,Ban Ki-moon, issued a statement that avoided taking sides and urged all parties "to refrain from any actions of statements that could endanger peace, incite violence or jeopardize security in Kosovo or the region."[98] Speaking on behalf of six countries—Belgium,Croatia,France,Germany,Italy and theUnited States—the Belgian ambassador expressed regret "that the Security Council cannot agree on the way forward, but this impasse has been clear for many months. Today's events... represent the conclusion of a status process that has exhausted all avenues in pursuit of a negotiated outcome."[99]

ICJ ruling

[edit]
Main article:Advisory opinion on Kosovo's declaration of independence

On 22 July 2010, theInternational Court of Justiceruled that the declaration did not violate international law, holding that the authors were acting in their capacity as representatives of the people of Kosovo outside the framework of the interim administration (theAssembly of Kosovo and theProvisional Institutions of Self-Government), and were therefore not bound by theConstitutional Framework (promulgated byUNMIK) or byUNSCR1244 that is addressed only toUnited Nations Member States andorgans of the United Nations.[1] Prior to the announcement Hashim Thaçi said there would be no "winners or losers" and that "I expect this to be a correct decision, according to the will of Kosovo's citizens. Kosovo will respect the advisory opinion." For his part, Boris Tadić, the Serbian president, warned that "If the International Court of Justice sets a new principle, it would trigger a process that would create several new countries and destabilise numerous regions in the world."[100]

See also

[edit]

References

[edit]
  1. ^ab"Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo"(PDF).International Court of Justice. p. 29. Archived fromthe original(PDF) on 21 August 2010. Retrieved19 August 2012.
  2. ^Howard Clark (August 2000).Civil Resistance in Kosovo. Pluto Press. p. 73.ISBN 978-0-7453-1569-0.
  3. ^"Serbian president visits Kosovo".BBC News. 17 April 2009. Retrieved22 April 2010.
  4. ^"Press Release: Accordance with international law of the unilateral declaration of independence in respect of Kosovo: Advisory Opinion"(PDF). International Court of Justice. 22 July 2010. Archived fromthe original(PDF) on 7 August 2010. Retrieved4 August 2010.
  5. ^"UNGA Resolution 64/298"(PDF). Archived fromthe original(PDF) on 19 February 2018. Retrieved31 October 2015.
  6. ^"EU brokers historic Kosovo deal, door opens to Serbia accession".Reuters. 19 April 2013. Retrieved19 May 2014.
  7. ^"Kosovo Replaces Liaison Officer to Serbia".
  8. ^Kreiger, Heike (2001).The Kosovo Conflict and International Law: An Analytical Documentation 1974-1999. Cambridge University Press. p. 20.ISBN 9780521800716.
  9. ^Haug, Hilde Katrine (2012).Creating a Socialist Yugoslavia: Tito, Communist Leadership and the National Question. Bloomsbury Publishing. p. 230.ISBN 9780857721211.
  10. ^Parliamentary Assembly Documents 2001 Ordinary Session (Second Part) , Volume VI. Council of Europe. 2001. p. 99.ISBN 9789287146557.
  11. ^Mehmeti, Leandrit I.; Radeljic, Branislav, eds. (2017).Kosovo and Serbia: Contested Options and Shared Consequences. University of Pittsburgh Press.ISBN 9780822981572.
  12. ^Ginsburg, Tom; Bisarya, Sumit, eds. (2022).Constitution Makers on Constitution Making: New Cases. Cambridge University Press. p. 84.ISBN 9781108905046.
  13. ^abAertsen, Ivo; Arsovka, Jana; Rohne, Holger C.; Valiñas, Marta; Vanspauwen, Kris, eds. (2013).Restoring Justice after Large-scale Violent Conflicts. Routledge. pp. 84–85.ISBN 9781134006236.
  14. ^Balkans security : current and projected factors affecting regional stability : briefing report to the Chairman, Committee on Armed Services, House of Representatives. United States, Committee on Armed Services, General Accounting Office, Congress, National Security and International Affairs Division, House. 2000. p. 59.ISBN 9781428970304.
  15. ^"USCR: Country Information: Yugoslavia".www.refugees.org. Archived fromthe original on 29 October 2004.
  16. ^"Error!"(PDF).www.unhcr.ch. Archived fromthe original(PDF) on 13 June 2011.
  17. ^"The Lausanne Principle: Multiethnicity, Territory and the Future of Kosovo's Serbs". Berlin/Pristina: Esiweb.org. 7 June 2004.Archived from the original on 6 December 2008. Retrieved25 October 2008.
  18. ^"Fourteen dead as ethnic violence sweeps Kosovo".theguardian.com. 18 March 2004. Retrieved17 March 2018.
  19. ^The Government of the Republic of Serbia."The March Pogrom (2004)". Retrieved9 December 2019.
  20. ^"Le Kosovo honore Micheline Calmy-Rey".Le Temps (in French). Geneva. 2 August 2017. Retrieved23 January 2022.
  21. ^"Calmy-Rey defends Swiss position on Kosovo". Berne: Swissinfo. 29 July 2005. Retrieved23 January 2022.
  22. ^"Micheline Calmy-Rey". Madrid: Club of Madrid. Retrieved23 January 2022.
  23. ^ab"Summary of the Comprehensive Proposal for the Kosovo Status Settlement".2001-2009.state.gov. 22 February 2008. Retrieved20 September 2018.
  24. ^ab"Letter dated 26 March 2007 from the Secretary-General addressed to the President of the Security Council, Addendum, Comprehensive Proposal for the Kosovo Status Settlement, Annex IX, International Civilian Representative"(PDF). 26 March 2007. Archived from the original on 15 October 2009.
  25. ^McCormack, Sean (2 February 2007)."Presentation of Kosovo Status Proposal to the Parties".2001-2009.state.gov. Retrieved20 September 2018.
  26. ^"Era of Supervised Independence Ends in Kosovo".www.balkaninsight.com. 11 September 2012.
  27. ^"Russia reportedly rejects fourth draft resolution on Kosovo status". SETimes.com. Retrieved9 August 2008.
  28. ^"UN Security Council remains divided on Kosovo". SETimes.com. Retrieved9 August 2008.
  29. ^"A long reconciliation process is required". Financial Times. Retrieved9 August 2008.
  30. ^"Transcript: NGA SEANCA PLENARE E JASHTËZAKONSHME SOLEMNE E KUVENDIT TË KOSOVËS ME RASTIN E SHPALLJES SË PAVARËSISË, TË MBAJTUR MË 17 SHKURT 2008"(PDF).Legjislatura III (in Albanian).Pristina: Republika e Kosovës Kuvendi – Republika Kosova Skupština – Republic of Kosovo Assembly. 17 February 2008. Archived fromthe original(PDF) on 28 October 2008. Retrieved12 October 2008.
  31. ^"Kosovo MPs proclaim independence", BBC News Online, 17 February 2008
  32. ^abDeclaration of Vice-President Tomka, Judge of the International Court of Justice, concerning the Opinion given by the ICJ concerning the Kosovo declaration of independence
  33. ^"Decision of the National Assembly of the Republic of Serbia regarding the Confirmation of the Decision of the Government of the Republic of Serbia regarding the Abolition of Illegal Acts of the Provisional Institutions of Self-Government in Kosovo and Metohia in regards to the unilateral Declaration of Independence". Archived fromthe original on 28 November 2010.
  34. ^World and Its Peoples, Marshall Cavendish, 2010, p 1985
  35. ^Balkan Worlds, Traian Stoianovich, M.E. Sharpe, Sep 1, 1994, p 303,304
  36. ^Central and South-Eastern Europe 2004, Europa Publications Psychology Press, 2003 – Political Science
  37. ^Malcolm, Noel (1999).Kosovo: A Short History. Harper Perennial.ISBN 978-0-06-097775-7.
  38. ^Perić,La question constitutionelle en Serbie, Paris 1914
  39. ^"Guiding principles of the Contact Group for a settlement of the status of Kosovo"(PDF). www.unosek.org. 30 January 2006. Archived from the original on 9 October 2009. Retrieved28 April 2010.
  40. ^abGalen Carpenter, Ted (22 February 2008)."Kosovo Independence Grenade".Cato Institute. Archived from the original on 10 September 2008. Retrieved9 September 2008.{{cite web}}: CS1 maint: bot: original URL status unknown (link) Archived byWebCite at .
  41. ^Friedman, George (20 February 2008)."Kosovar Independence and the Russian Reaction".Stratfor.Archived from the original on 7 March 2010. Retrieved10 September 2008.
  42. ^ab"Russia's options limited for Kosovo retaliation",San Diego Union-Tribune, 15 February 2008
  43. ^"Kosovo independence to open Pandora's box: Russia". MUNICH: International The News. 12 February 2008. Archived fromthe original on 6 December 2008. Retrieved25 October 2008.
  44. ^"The Associated Press: Serbian President Vows Fight Over Kosovo". 2008. Archived fromthe original on 26 February 2008. Retrieved22 February 2008.
  45. ^"Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo (Request for Advisory Opinion)". Icj-cij.org. Archived fromthe original on 8 February 2014. Retrieved28 April 2010.
  46. ^Tanner, Adam; Stevenson, Reed (22 July 2010)."Kosovo independence declaration deemed legal".Reuters.Archived from the original on 29 July 2010. Retrieved3 August 2010.
  47. ^"Kosovo Declares Independence, Seeks U.S., EU Backing". Bloomberg. 17 February 2008. Retrieved17 February 2008.
  48. ^ab"Kosovo declares independence". International Herald Tribune Europe. 17 February 2008.Archived from the original on 17 February 2008. Retrieved17 February 2008.
  49. ^"Divided EU meets to debate Kosovo".BBC News. 17 February 2008.Archived from the original on 19 February 2008. Retrieved17 February 2008.
  50. ^"Serb church urges state of war over Kosovo". Reuters AlertNet. 17 February 2008. Retrieved26 February 2008.
  51. ^"Explosion rocks UN building hours after Kosovo declares independence". International Herald Tribune. 17 February 2008.Archived from the original on 17 February 2008. Retrieved17 February 2008.
  52. ^"BLAST IN THE COURTYARD OF THE DISTRICT COURT IN NORTHERN MITROVICA". Kosova Press. 17 February 2008. Archived fromthe original on 26 February 2008. Retrieved25 October 2008.
  53. ^"Kosovo Serbs burn border points".BBC News. 19 February 2008. Retrieved19 February 2008.
  54. ^"Serbs try to claim a piece of Kosovo". Christian Science Monitor. 21 February 2008.Archived from the original on 27 February 2008. Retrieved21 February 2008.
  55. ^ab"US to evacuate staff from Serbia".BBC News. 22 February 2008.Archived from the original on 25 February 2008. Retrieved22 February 2008.
  56. ^Radovanovic, Radul (17 March 2008)."Peacekeepers battle Serbs in Kosovo". Yahoo News. Associated Press. Archived fromthe original on 22 March 2008. Retrieved18 March 2008.
  57. ^"UN officer dies after Kosovo riot".BBC News. 18 March 2008.Archived from the original on 19 March 2008. Retrieved18 March 2008.
  58. ^"PROTEST CONVEYED TO FRANCE, BRITAIN, COSTA RICA, AUSTRALIA, ALBANIA". Archived fromthe original on 8 April 2008. Retrieved8 April 2008.The economic team for Kosovo and Metohija and the South of Serbia, 20 February 2008. Retrieved 2008-03-25.
  59. ^"Podnesena krivična prijava protiv Tačija, Sejdijua i Krasnićija". Trebinjedanas.com. Retrieved28 April 2010.
  60. ^PM Dissolves Serbia's Government, AFP, 8 March 2008.[dead link]
  61. ^Divisions over Kosovo cripple Serb government, The Daily Telegraph, 8 March 2008,
  62. ^Serbia proposes dividing Kosovo along ethnic lines, International Herald Tribune, 25 March 2005.
  63. ^"Serb Ministers Deny Kosovo Partition Talks". Balkaninsight.com. Archived fromthe original on 12 January 2009. Retrieved28 April 2010.
  64. ^"Serbia to go to ICJ over Kosovo". B92. 26 March 2008. Archived fromthe original on 7 June 2011. Retrieved28 April 2010.
  65. ^"Serbia condemns breakaway Kosovo as "false state"". Reuters. 17 February 2008.Archived from the original on 26 February 2008. Retrieved17 February 2008.
  66. ^"Jubilation and hatred over Kosovo". The Daily Telegraph. 17 February 2008. Archived fromthe original on 29 February 2008. Retrieved17 February 2008.
  67. ^U.S. recognizes independent Kosovo, CNN, 18 February 2008Archived February 18, 2008, at theWayback Machine
  68. ^"Kosovo declares independence from Serbia; Russia protests, warning it will stir conflict". Charleston Daily Mail. 17 February 2008. Archived fromthe original on 26 February 2008. Retrieved17 February 2008.
  69. ^Lekic, Slobodan (17 February 2008)."Serbian president rejects Kosovo independence declaration". Adelaide Now. Archived fromthe original on 9 December 2012. Retrieved17 February 2008.
  70. ^"B92 – Vesti – Neredi u gradovima Srbije – Internet, Radio i TV stanica; najnovije vesti iz Srbije". 2008. Archived fromthe original on 26 February 2008. Retrieved22 February 2008.
  71. ^"Saopstenje za stampu". 2008. Archived fromthe original on 28 February 2008. Retrieved22 February 2008.
  72. ^abc"Belgrade's US Embassy set on fire". Associated Press/Yahoo News. 21 February 2008. Retrieved9 August 2008.
  73. ^Worsnip, Patrick (21 February 2008)."U.N. council condemns Belgrade embassy attacks". Reuters.Archived from the original on 25 February 2008. Retrieved21 February 2008.
  74. ^abRadosavljevic, Zoran (22 February 2008)."Croatia arrests 44 anti-Serb protesters". Reuters.Archived from the original on 25 February 2008. Retrieved22 February 2008.
  75. ^"BalkanInsight.com – Montenegro Students Protest". 2008. Archived fromthe original on 26 February 2008. Retrieved22 February 2008.
  76. ^Clark (2000), p. 92
  77. ^O'malley, Sandra (19 February 2008)."Serbia tipped to recall ambassador".The Sydney Morning Herald. Archived fromthe original on 29 April 2008. Retrieved9 August 2008.
  78. ^"Ambasade Republike Srbije" [Embassies of the Republic of Serbia]. Republic of Serbia, Ministry of Foreign Affairs. Archived fromthe original on 1 November 2018. Retrieved9 January 2015.
  79. ^"EU splits on Kosovo recognition".BBC News. 18 February 2008.Archived from the original on 19 February 2008. Retrieved19 February 2008.
  80. ^International Law Teacher from Catalonia argues that Catalonia or Basque Country and Kosovo cases are different. (22/07)
    Spanish Foreign Minister says Spain will not recognize Kosovo's independence, not even mentioning comparison to Basque Country or Catalonia (23/07)
    Basque Country politician (EB) states Court decision forces Spanish Government to recognize autodetemination rights (23/07)
    Previously in 2008:Basque Government spokeswoman says Kosovo is an example to be followed (17/022008)
    Spanish opposition politician denies that cases can be compared (18/02/2008).
  81. ^ab"UN Security Council to meet on Kosovo – diplomat UPDATE".Forbes. AFX News Limited. 17 February 2008. Archived fromthe original on 26 February 2008. Retrieved17 February 2008.
  82. ^abIn quotes: Kosovo reaction, BBC News Online, 17 February 2008;https://web.archive.org/web/20080306100251/http://www.whitehouse.gov/news/releases/2008/02/20080217.html
  83. ^"Tirana celebrates "Kosovo Day"".B92. Archived fromthe original on 19 February 2008. Retrieved9 August 2008.
  84. ^"V E N D I M Nr. 13, datë 11.04.2008 PËR EMERTIMIN SHESHIT "PAVARESIA E KOSOVES""(PDF).Tirana Municipality.
  85. ^Ankara'dan Kosova'ya jestArchived 2008-05-25 at theWayback Machine, Zaman Newspaper, 18 February 2008 (inTurkish language)
  86. ^"Taiwan congratulates Kosovo on independence". 17 February 2008. Archived fromthe original on 7 March 2012. Retrieved17 February 2008.
  87. ^"Spokesman: Taiwan has no right to "recognize" Kosovo's independence". EnglishXinhua. 2008. Archived fromthe original on 19 February 2008. Retrieved22 February 2008.
  88. ^"The Jakarta Post – Malaysia's Islamic opposition drops theocracy from platform". 2008. Archived fromthe original on 26 February 2008. Retrieved22 February 2008.
  89. ^"RP: Seek negotiated settlement to Kosovo independence row".Philippine Daily Inquirer. 19 February 2008. Archived fromthe original on 10 December 2008. Retrieved19 February 2008.
  90. ^"RP prefers negotiated settlement to Kosovo's independence declaration".Philippine Star. 19 February 2008. Archived fromthe original on 26 February 2008. Retrieved19 February 2008.
  91. ^"Vietnam Says Against Kosovo Independence". Limun.hr. 17 February 2008. Retrieved28 February 2008.
  92. ^"S'pore studying Kosovo's declaration of independence from Serbia".Channel NewsAsia. 18 February 2008. Archived fromthe original on 19 February 2008. Retrieved18 February 2008.[dead link]
  93. ^"Press Release: KENYATAAN AKHBAR PERISYTIHARAN KEMERDEKAAN KOSOVO" (in Malay). Ministry of Foreign Affairs, Malaysia. 20 February 2008. Retrieved21 February 2008.
  94. ^"Rudd backs independent Kosovo". 18 February 2008. Archived fromthe original on 6 December 2008. Retrieved18 February 2008.
  95. ^"NZ on fence over Kosovo independence". 18 February 2008. Archived fromthe original on 26 February 2008. Retrieved19 February 2008.
  96. ^"PRO-INDEPENDENCE RALLIES IN CANADA". Kosova press. Archived fromthe original on 26 February 2008. Retrieved9 August 2008.
  97. ^"The New Anatolian". 2008. Archived fromthe original on 26 February 2008. Retrieved22 February 2008.
  98. ^Bilefsky, Dan (18 February 2008)."Kosovo Declares Its Independence From Serbia – New York Times".The New York Times.Archived from the original on 10 November 2012. Retrieved22 February 2008.
  99. ^Borger, Julian (18 February 2008)."Albanian celebrations leave Serbs defiant".The Guardian. London.Archived from the original on 20 February 2008. Retrieved22 February 2008.
  100. ^"ICJ rules on Kosovo statehood – Europe". Al Jazeera English.Archived from the original on 23 July 2010. Retrieved24 July 2010.

Further reading

[edit]

External links

[edit]
Portals:
2008 Kosovo declaration of independence at Wikipedia'ssister projects:
Retrieved from "https://en.wikipedia.org/w/index.php?title=2008_Kosovo_declaration_of_independence&oldid=1321041797"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2025 Movatter.jp