Two positive letters in today's Independent. If the first writer is correct
that could prove embarrassing!

 

http://comment.independent.co.uk/letters/article3244679.ece 

 

Independence for Kosovo defies UN 

 

Sir: With all the talk of "coordinated" declarations and "conditional"
independence (Birth of a nation: but will Kosovo spark another Balkan
crisis?", 11 December), has no one thought to ask the UN what action it will
take should independence be declared? 

 

The UN Mission in Kosovo has struck down a series of independence
declarations by the ethnic Albanian-dominated Assembly since 1999. It is
legally compelled to do so, as instructed by legal advisors at UN
headquarters in New York. It will be legally compelled to do so again, with
or without a unified EU policy position. 

 

As long as UN Security Council Resolution 1244 remains in force, any
declaration of independence by the Assembly of Kosovo will be declared
immediately invalid. That might spoil the party in Pristina. Worse, any
individual or state then taking action on the territory of Kosovo outside of
a UN mandate will become liable in international and domestic courts for the
actions of soldiers and administrators: privatisation administrators will be
sued for financial damages; peacekeepers will be unable to use force, except
in self-defence. 

 

How then will the EU prevent an escalation of violence? Will the German and
Italian governments, and others, give KFOR troops the necessary freedom to
act, or will those troops be put in the same position as Dutch peacekeepers
at Srebrenica? Little wonder that EU member states remain undecided,
whatever the ministerial pronouncements. 

 

The only reason that independence "'must"' happen now is the implicit threat
of ethnic Albanian violence against both exposed Serbian enclaves and
international representatives. It is that ethnic violence, which we saw the
beginnings of in March 2004, which caused the sensible policy of Standards
before Status to be shelved. In the absence of any legal ability to either
declare or recognise independence, the international community needs to get
back to the job of policing the status quo. 

 

James Dancer 

 

Nottingham (The writer was Second secretary (political and economic) at the
british Embassy in Belgrade, 2001-2003) 

 

Sir: The Foreign Secretary says yes to independence for Kosovo. Why stop
there? How about independence for the Hungarian majority areas of Vojvodina?
The Serbian majority areas of Bosnia? The Hungarian majority areas of
Slovakia? Beyond the Balkans, the list is endless. 

 

After the Balkan Wars of 1912-13, it was through the British Foreign
Secretary that sovereignty of the Kingdoms of Serbia and Montenegro over
Kosovo was acknowledged. In 1914 Austria-Hungary invaded Serbia and Russia
mobilised in support of Serbia. The ensuing Great War cost the lives of
millions. 

 

Now, less than 100 years later, the British Foreign Secretary wants to see
the break-up of Serbia. So be it. Actually, Italian-controlled Fascist
Albania began the process in 1941 by expelling the then majority Serbs and
bringing in Albanians from Albania. Later, it was easy for Tito's regime to
break the power of Serbia by giving autonomy to Kosovo. 

 

But if independence is to be granted, it is essential it is achieved by
supporting fully the rights of the new minorities that will be created. For
this it is certain that additional support will be needed from UNMIK. In
this endeavour Britain will once again have to do its share. Unless this
matter is handled properly, the clamour for independence from other
"majorities" will become deafening. 

 

Francis Hay 

 

Banstead, Surrey 

 

 

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