We marked the 10th Anniversary of the advisory opinion of the International Court of Justice that the Court has clarified whether or not Kosovo’s Independence declared on 17 February 2008 is in accordance with the international law. On 22 July 2010, the court ruled that the declaration of independence was not in violation of international law. This definitely can`t be considered as an ultimate seal but was an additional and very important confirmation from the international credible judicial institution for the independence and statehood of the Republic of Kosovo.
Objective and real seal of the Independence of the Republic of Kosovo is the legitimacy, decisiveness, and struggle of the Kosovars for their freedom and price paid for this goal. Continuous repression, violent policies with the aim to change the demographic composition of the region, ethnic discrimination, removal of constitutional rights, unfair trials, unfair layoffs, deprivation of the right to education, use of violence and many other inhuman practices ended with the struggle for the freedom and the liberation of the Kosovars during the process of dissolution of former Yugoslavia caused by the hegemonic aspirations of Serbia to have control over all federal units of the former state. As it is known, these aspirations caused wars in Slovenia, Croatia, Bosnia and Herzegovina, and Kosovo.It's been around 21 years since the marking of Kosovo's liberalization process with international support, around 12 and a half years since its declaration of independence, and 10 years since the recommendation of the International Court of Justice. In fact a decade is a very small amount of time for the history of States.
It takes long time for a new State to find the wide international acceptance of its sovereignty and to include itself in the international system as an equal international legal personality.
As a post-conflict country Kosovo has become an international legal personality which has all the characteristics of the State with its institutions and foreign representatives in the international system. So what is the wide acceptance of sovereignty then?
Yes, we need to open a separate paragraph on this issue. All regional disputes in the world require different approaches. It is generally accepted that the example of Kosovo is unique or "sui generis" in legal terms. During the former Yugoslavian period, Kosovo had its own parliament, its own executive and judicial body until the removal of constitutional rights. Then there were unprecedented human rights violations against Albanian majority. After the dissolution of Yugoslavia, Kosovo was recognized as an independent state by four of the emerging nations from the former Yugoslavia. It was also recognized as an independent and sovereign state by most regional countries and 116 countries of the world. Generally speaking, there is an obvious international consensus on the independence of Kosovo. So, why the international wide sovereignty acceptance isn’t enough effective to achieve United Nations membership, yet?
In the international system starting from the super-powers to regional powers and even States that are considered fragile and fail to achieve internal consolidation maintain their self-interest and try to benefit/exploit from certain situations. Therefore, they might not conclude some issues and look at the events as "where are we in this business?" and "what is our benefit from this"?
It is also necessary to take third parties' attempts to act as a deterrent into account. In fact, this situation has understandable sides. The most effective way to overcome this situation is to continue demonstrating the seriousness of being a functional State with all its institutions as an international personality. And to expose its dedication to democracy, its human rights quality, its dedication to developing a friendly and peaceful relationship with the rest of the world, and having one of the most libertarian constitutions in the world. Being a factor of stability and peace is enough to remove all obstacles.Kosovo's Independence is sealed by its people and signed by each country with which Kosovo is developing more and more relations. Kosovo, which gained its freedom by paying the price, will remain open to friendships which require only sincere will and mutual understanding of the parties.
The author is the Ambassador of
Republic of Kosovo to The People’s
Republic of Bangladesh