<http://www.nytimes.com/>  <http://www.nytimes.com/> Description: The New York 
Times <http://www.nytimes.com/> 

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July 27, 2010


Leave Serbia and Kosovo Alone


By MISHA GLENNY


The International Court of Justice’s ruling last week that Kosovo did not 
violate international law with its unilateral declaration of independence from 
Serbia in 2008 should send an important message to Moscow and Washington: Stop 
meddling. This particular battle needs to be resolved by Belgrade and Pristina 
themselves — with a little help from the European Union. Russia and the United 
States must stand back and stop muddying the waters. 

A close reading of the judgment shows that the court ruled on a very narrow 
issue. Stripped of its legalese, the ruling says it’s O.K. under international 
law to “say” that you want independence. But it adds that because Kosovo is 
“sub-sovereign” — not a proper nation state — it is not subject to the law of 
nations. 

What the court did not say is whether Kosovo’s secession from Serbia or its 
recognition by various countries is in fact legal. But perception is everything 
and the perception that the court ruled in Kosovo’s favor is likely to trigger 
a further round of states willing to recognize its independence. Sixty-nine 
countries, including the United States and most E.U. states, have already done 
so. To qualify for membership in the United Nations and other vital 
international organizations, Kosovo needs the approval of two-thirds of the 
General Assembly, or at least 100 countries. 

Many opponents argue that lending legitimacy to Kosovo’s unilateral declaration 
of independence would bolster secessionist movements the world over. But the 
court’s ruling is far from a legal carte blanche. Kosovo and Serbia are in a 
special situation, and both have a particular incentive for resolving their 
differences — the prospect of E.U. membership. If they can resolve their 
problems the door to Brussels will swing open. 

Catherine Ashton, the E.U.’s foreign minister, was quick to recognize this. 
“The E.U. is ready,” she said in a statement on the ruling, “to facilitate a 
process of dialogue between Pristina and Belgrade. This dialogue would be to 
promote cooperation, achieve progress on the path to Europe and improve the 
lives of the people.” 

Ms. Ashton is too skilled a diplomat to say it, but the implication of her 
statement should be clear to both Belgrade and Pristina. Kosovo must cease 
looking to secure its future by getting close to Washington, as Prime Minister 
Hashim Thaci appeared to be trying to do last week. And Belgrade must stop 
clinging to Russian objections to Kosovo’s independence. Serbia’s foreign 
minister, Vuk Jeremic, sometimes gives the impression that this is indeed 
Belgrade’s central policy. 

The European Union needs to set the agenda on Kosovo and the Balkans, a region 
whose members have already been guaranteed eventual membership. If the Union 
fails in its own backyard, then it can bid farewell to any idea of exerting its 
influence elsewhere. 

Along with the active dialogue that Ms. Ashton promises, Brussels needs to do 
two things. First, it should improve the system of incentives offered to the 
Balkan countries that are still outside the Euopean Union. Second, Brussels 
should act to silence those forces in Washington and Moscow that clearly do not 
want a compromise solution to tensions in northern Mitrovica — the primary 
Serbian enclave in Kosovo — and the other problems dogging Pristina. 

Meanwhile, the Serbian electorate should be asking why the government in 
Belgrade shot itself in the foot by bringing such a narrow issue to the 
international court with the overconfident assumption that the court’s ruling 
would be in Serbia’s favor. Who should be held accountable for this miserably 
failed strategy? 

Serbs and Kosovo Albanians alike also would like to know how their leaders 
intend to accelerate moves toward E.U. membership and entrenching the rule of 
law. Kosovo’s government needs to pay particular attention to this latter goal, 
especially as the chief of the Central Bank in Pristina was arrested on Friday 
by the E.U. legal administration in the territory for money laundering, bribe 
taking and other forms of financial malfeasance. 

Kosovo’s government will doubtless feel buoyed by the international court’s 
ruling, but this will not magically resolve the enormous challenges it faces. 

Serbia and Kosovo find themselves confronted by the prisoner’s dilemma. Either 
they cooperate in their quest for E.U. membership or they remain outsiders, 
with disastrous consequences for themselves, the region and E.U. diplomacy. 

Given their enmity, the idea of Belgrade and Pristina actually cooperating may 
appear far-fetched. But we can all take heart from the exceptionally fruitful 
regional and bilateral ties that have developed in the Balkans over the past 
five years. Just 10 years ago, Serbia and Croatia regarded each other as bitter 
enemies. Though they still face outstanding issues arising from the wars of the 
1990s, they have shown a tremendous willingness to work together on the most 
pressing regional questions, like the struggle against organized crime. 

Whether contact between Serbia and Kosovo comes via the organs of regional 
cooperation; whether it is established through discreet back-channels; or 
whether the European Union fashions an Oslo-style peace process does not matter 
greatly. 

But the two must start talking. Not just about unilateral declarations but 
about things that ultimately will matter much more to their citizens. 

Misha Glenny is the author of “The Balkans: 1804 to 1999.”

 

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