Letters from Tokyo
Kosovo and the Crisis of Ignoring International Law and Global Opinions
By Lee Jay Walker
Tokyo Correspondent
Kosovo obtained part independence when America and many European nations gave
the go ahead for the creation of this new nation. However, it is clear that
things are not plain sailing because many other nations did not support this
elitist adventure, therefore, the wider international community was ignored. So
today we have a situation where some nations support this new state (47 nations
currently support this nation), however, the majority of nations in Africa,
Asia, and South America, have not given their consent. Also, the Russian
Federation, Spain, and some other European nations, refuse to accept this
American led adventure. So what does the future hold for Kosovo and
international law?
Firstly, the current status of limbo is a shock to America and many European
nations because they believed that the majority of other nations would follow
suit, however, at the moment this isn`t happening. Therefore, the influence of
the Russian Federation, China, India, and other nations who are against the
independence of Kosovo, is much deeper than America imagined. Also, many
nations are aghast by the elitism of this new venture and of course many
nations worry that the same may happen to them.
Another negative side effect is the fact that Abkhazia and South Ossetia in
Georgia have clear justifications to claim the same rights, with regards to the
American model of bypassing international law and the United Nations. So if
America can violate international law so easily, then America should expect
other nations to follow suit. Therefore, many other would be nations in other
parts of the world also claim to have the same natural rights. Of course the
United States, the United Kingdom, and others, are claiming that Kosovo is
unique, but this is not based on reality because you have too many conflicts
all over the world. So a "can of worms" is the real cause and effect of this
naive policy.
Nations which are against this American led venture have stated clearly that
they are very unhappy with the blatant attitude of elitist Western nations. The
Foreign Minister of Argentina, Jorge Taiana, stated "if we were to recognise
Kosovo, which has declared its independence unilaterally, without an agreement
with Serbia, we would set a dangerous precedent that would seriously threaten
our chances of a political settlement in the case of the Falkland Islands."
The newly elected President of Cyprus, Dimitris Christofias, was even more
outspoken because he stated "The one thing that Kosovo and Cyprus have in
common, as far as the situation in these regions is concerned, is that in both
cases, the basic principles of international law and legality, as well as UN
decisions, are constantly being violated." A similar comment was made by Miguel
Angel Moratinos, the Spanish Foreign Minister, because he made it clear that
"the Government of Spain will not recognise the unilateral act proclaimed by
the assembly of Kosovo [...] We will not recognise because we consider [...]
this does not respect international law."
Therefore, this issue is very important and complex and it is not about denying
either the majority Kosovo Albanians independence or supporting minorities like
the Serbians, Roma, and other minorities in Kosovo. It is about a deeper issue
and this applies to international law. So if America and her supporters can
justify Kosovo then what about creating new independent nations for the
Abkhazians and South Ossetians in Georgia, Palestinians, Karen in Myanmar,
Tamils in Sri Lanka, West Papuans in Indonesia, Basques in Spain, Balochis in
Pakistan, and the list can go on and on; so do these ethnic groups deserve
independence?
This is the problem because you can not seriously claim that Kosovo is special
or unique. After all, you have countless conflicts in the world and many ethnic
groups face terrible persecution. Therefore, many other ethnic groups are
aghast by events and Yasser Abed Rabbo, a Palestinian politician, stated
"Kosovo is not better than us. We deserve independence even before Kosovo, and
we ask for the backing of the United States and the European Union for our
independence. If things are not going in the direction of continuous and
serious negotiations, then we should take the step and announce our
independence unilaterally."
Also, the international community, on a whole, is saying that this colonial
attitude is really not warrented and of course major institutions, like the
United Nations, have been violated and the same applies to international law.
So we have a genuine dilemma over this issue and again if the United Nations
and international law can be violated, then why have either? Sadly, nations
like the United States believe that they are above the international community
because they also bypassed international law when they attacked Iraq and bombed
the former Yugoslavia.
You also have problems within Kosovo itself and major divisions still exist.
This especially applies to northern Kosovo because the Serbian community is
relatively sizeable throughout this region. Therefore, you still have major
flashpoints and Serbians, the Roma, and other minorities, feel isolated or
abandoned. Also, the international community must still guard and protect
Serbians, the Roma, and other minorities, throughout the whole of Kosovo. This
in itself is evidence that the institutions of Kosovo are weak.
Therefore, the longer this situation remains in limbo the worse it will get
because we have already seen convulsions in Georgia based on the Kosovo model.
Whereby nations can now clearly state that America, the United Kingdom, France,
and others, violated international law, therefore, other nations can follow
suit and support their own self interests. So what does the future hold for
Kosovo, countless other conflicts throughout the world, the United Nations, and
international law?
Lee Jay Walker Dip BA MA
http://journals.aol.com/leejaywalker/uk/
http://theseoultimes.com/ST/?url=/ST/db/read.php?idx=7364&PHPSESSID=427d3e996468f1e01b149e5641fa17e3
