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As easy as Kosovo

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  • Kosovo also sets a dangerous precedent in international law. A unilateral declaration of independence has been recognised without an appropriate form of institutional mediation; every unsavoury separatist is gloating. Milosevic represented barbarism of the highest order and that history has a profound bearing on Kosovo’s claims. But it should be a matter of some regret that a democratic post-Milosevic government was not given opportunity to find a workable and just solution. Indeed, there is more than ample evidence that the way in which the major powers like the US framed the issue, there was little prospect of any accommodation between the Serbs and Kosovars. For it appears that any solution short of independence was ruled out right from the start. The assurance that the US and major European powers would back independence surely would have altered the structure of internal negotiations.

    Europe may think it is expiating guilt over its mishandling of Bosnia. Some even suggest that it might win brownie points by being seen to facilitate the creation of a small Muslim majority state. How this turns out remains to be seen. But the truth is that US and European support for Kosovo’s independence in this form is nothing but unprincipled and opportunistic. It is unprincipled because there is no way of distinguishing the Kosovo case from dozens other cases that could be subject to similar treatment. When Europe and the US try and assure countries struggling with the challenge of accommodating multi-ethnicity that this is simply a one-off case, what do they mean? Since when has a “one-off” instance become a principle of international law? All that it can possibly mean is that we, the US and three powers in Europe, decide what case is fitting for recognition — world opinion, international law or a prudent analysis of consequences be damned. In some ways the Kosovo crisis is yet another reminder of how the major powers have broken the back of the global governance system, and ad hoc power is filling the vacuum.

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