The ICJ decision that set Kosovo on the path to independence

A Kosovo Albanian boy with a traditional hat plays drum in downtown Pristina on February 17, 2020, on the day of 12th anniversary of Kosovo's declaration of independence. (AFP/File Photo)
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Updated 22 July 2020
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The ICJ decision that set Kosovo on the path to independence

  • Ten years ago on this day, the World Court delivered its advisory opinion on Kosovo’s independence declaration
  • The case of Serbia v Kosovo was the first the court had faced regarding a unilateral declaration of independence

ABU DHABI: On Wednesday, Kosovo marks the 10th anniversary of the landmark advisory opinion of The Hague-based International Court of Justice (ICJ) that the nation’s 2008 declaration of independence did not violate international law.

Kosovo’s riveting story, however, began a decade earlier. After politicians unsuccessfully waged a years-long peaceful struggle for greater autonomy or independence, the Kosovo Liberation Army launched an armed uprising against Serbian rule in the mainly Muslim Yugoslav province in March 1998.

This galvanized a disproportionate response from the Serb political establishment, which did not discriminate between ethnic Albanian Kosovar fighters and civilians, sending thousands of refugees into neighboring Albania and North Macedonia.

In response to the escalating violence by Yugoslav President Slobodan Milosevic’s forces, the North Atlantic Treaty Organization (NATO) began airstrikes on March 24, 1999, against Serbian military targets.

That 11-week campaign caused many civilian deaths and massive infrastructure destruction but was viewed as a just war by Kosovar Albanians and much of the global commentariat.

After Yugoslavia accepted a peace proposal in June 1999, Javier Solana, the NATO secretary-general, ordered an end to the bombings. The UN Security Council adopted Resolution 1244, creating the UN-NATO joint interim mission in Kosovo, or UNMIK. The cessation of violence brought hope to Kosovars at a time of great despair, paving the way for a new reality and prompting a return of refugees.

After nine years under UN control, Kosovo declared independence through its Assembly on Feb. 17, 2008. Rejecting the declaration as illegal, Serbia sought the ICJ’s validation of its stance. The case of Kosovo became the first the court faced regarding a unilateral declaration of independence.

The ICJ delivered its advisory opinion on July 22, 2010, following several rounds of public hearings and written statements, including a three-part statement by UN Secretary-General Ban Ki-moon.

Opinion

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The ICJ concluded that “the adoption of declaration of independence of 17 February 2008 did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework adopted on behalf of UNMIK by the Special Representative of the Secretary-General,” and that “consequently the adoption of that declaration did not violate any applicable rule of international law.”

Although non-binding, the precedent-setting ICJ opinion provided key momentum to Kosovo’s foreign policy, resulting in 116 countries recognizing its independence over time.

The US, several EU member states and the Gulf countries recognized Kosovo’s independence early on. Saudi Arabia was among 35 states that submitted statements supporting Kosovo and later opened an embassy in Pristina. Russia, China and five EU member states, including Spain and Greece, do not recognize Kosovo.

Despite socio-economic setbacks and territorial disputes, Kosovo has made significant progress on the foreign-policy front. In 2013, Kosovo and Serbia entered into a dialogue under the Brussels Agreement, resulting in a series of negotiated settlements, including on border disputes, minority issues and car-license plates, among others. The ones implemented have improved lives on both sides.

While Kosovo is not a member of the UN or Interpol, it enjoys full membership of the European Bank for Reconstruction and Development, the International Monetary Fund and the World Bank, which celebrated its 20th anniversary in the country last year. Kosovo also concluded its year-long chairmanship of the South-East European Cooperation Process.

Despite its tumultuous history, Kosovo enjoys good relations and close cooperation with its first neighbors, North Macedonia, Albania and Montenegro, according to Lulzim Mjeku, Kosovo’s ambassador to the Kingdom of Saudi Arabia.

Domestically, Kosovo has responded well to major challenges such as structural and youth unemployment. With an annual economic growth of more than 4 percent, it has partly succeeded in meeting the young population’s growing demand for education and jobs.

INNUMBERS

Kosovo War

- 13,000 Kosovar Albanian civilians killed by Serb forces.

- 20,000 Women raped.

- 3,000 Persons who went missing.

- 1 million People who fled ethnic cleansing campaign.

- 40% Infrastructure of Kosovo destroyed.

The steady economic progress, however, has been impeded by the COVID-19 pandemic. New cases have risen significantly since the beginning of June, totaling more than 5,000 confirmed incidences and more than 100 reported deaths as of mid-July.

Kosovo’s parliament elected a new government in early June after Prime Minister Albin Kurti’s administration collapsed in late March following a no-confidence vote prompted by its mishandling of the pandemic.

The new prime minister, Avdullah Hoti, has promised to reach a deal on continuing the Brussels-backed dialogue with Serbia.

Over the past decade, Kosovo has made steady progress in relations with countries in the Middle East. Starting in August, Kosovo and Saudi Arabia will jointly implement an agreement on avoidance of double taxation. Last year, Kosovo welcomed some 8,000 Saudi tourists.

Aiding Kosovo’s fight against COVID-19, the Muslim World League has sent valuable humanitarian assistance. The Kosovo embassy in Riyadh was able to organize a repatriation flight for 183 of its nationals living in Saudi Arabia.

Although some analysts believe that Kosovo has not adequately used the international momentum created by the ICJ decision, the country has made steady progress on key areas, while facing significant work ahead, especially on full normalization of relations with Serbia.

More broadly, Kosovo has set bold objectives, including membership of the UN, EU and NATO, with renewed commitment to continue exercising a responsible foreign policy regionally and globally.

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Twitter: @eminaosmandzik


Sri Lanka’s left-leaning president swears in new Cabinet after election victory

Updated 38 min 31 sec ago
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Sri Lanka’s left-leaning president swears in new Cabinet after election victory

  • Harini Amarasuriya, first woman to head Sri Lankan government, reappointed as PM
  • National People’s Power alliance won two-thirds majority in the 225-member parliament

COLOMBO: Sri Lanka’s new left-leaning president swore in on Monday a 22-member Cabinet after his party coalition secured a landslide victory in a snap parliamentary vote last week.

The alliance of President Anura Kumara Dissanayake, the National People’s Power, secured 159 seats in the 225-member assembly, giving the new leader a mandate to fulfill his campaign promises of sweeping reforms, including to fight poverty and corruption.

The crisis-hit island nation is still struggling to emerge from the worst economic crisis in its history, after declaring bankruptcy and defaulting on its external debt in 2022.

Dissanayake reappointed Harini Amarasuriya as prime minister and lawmaker Vijitha Herath to helm the foreign affairs, foreign employment and tourism ministries, while the president himself retained the posts of defense and finance minister.

“This power we gained is accountable. To whom? On one hand, it is accountable to the public, and on the other hand, to the movement,” Dissanayake told the new Cabinet after the swearing-in ceremony, referring to his alliance’s aim to create a people-centered national movement.

“We had a lot of good aims. We worked to gain power for that. We struggled a lot … The huge the victory we achieved, the heavier our responsibility,” he said. “Let’s work together to achieve the results our people deserve.”

When Dissanayake won the presidential vote in September, the NPP coalition only had three seats in parliament, prompting him to dissolve it and call for a snap election that took place on Thursday, a year ahead of schedule.

His new, fully-formed Cabinet will govern Sri Lanka after austerity measures imposed by former President Ranil Wickremesinghe — part of a bailout deal with the International Monetary Fund — led to price hikes in food and fuel and caused hardship to millions of Sri Lankans.

During his campaign, Dissanayake said he planned to renegotiate the targets set in the IMF deal to alleviate the burden placed on ordinary people. A team from the fund is in Colombo this week to review the reform program.

More than half of former lawmakers chose not to run for re-election. No contenders were seen from the powerful Rajapaksa family, including former President Mahinda Rajapaksa and his brother Gotabaya, also a former president, who was ousted in 2022 and largely blamed for the crisis.

Thursday’s election saw the United People’s Power of Sajith Premadasa retain its role from the previous parliament as the largest opposition party, winning 40 seats.

Sri Lanka People’s Front, the party loyal to the Rajapaksa family, secured only three seats in the new parliament.


UN climate chief to nations at COP29: ‘cut the theatrics’

Updated 5 sec ago
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UN climate chief to nations at COP29: ‘cut the theatrics’

  • As the UN climate talks limp into a second week in Azerbaijan, the world is no closer to a finance deal for poorer countries that will determine the success or failure of COP29
Baku: The UN’s climate chief on Monday told countries at the deadlocked COP29 summit to “cut the theatrics,” as pressure mounts on G20 leaders to deliver a breakthrough.
As the UN climate talks limp into a second week in Azerbaijan, the world is no closer to a finance deal for poorer countries that will determine the success or failure of COP29.
UN climate boss Simon Stiell said that “bluffing, brinkmanship and premeditated playbooks burn up precious time and run down the goodwill needed.”
“Let’s cut the theatrics and get down to business,” he told delegates assembled in a cavernous football stadium in Azerbaijan’s capital Baku.
COP29 president Mukhtar Babayev, a former oil executive turned ecology minister, urged countries to “refocus and pick up the pace.”
Government ministers at the negotiating table have until Friday to break the impasse over how to raise $1 trillion a year for developing countries to cope with global warming.
With the clock ticking, pressure is mounting on G20 leaders to throw their weight behind the stalled process in Baku when they meet in Brazil for their annual summit on Monday and Tuesday.
“A successful outcome at COP29 is still within reach, but it will require leadership and compromise, namely from the G20 countries,” UN Secretary-General Antonio Guterres said Sunday in Rio de Janeiro, where he is attending the G20 summit of the world’s biggest economies.
“The spotlight is naturally on the G20. They account for 80 percent of global emissions,” Guterres said, calling on the group to “lead by example.”
In a sign that a solution could emerge from Rio, the head of the Brazilian delegation to COP29, Andre Aranha Correa do Lago, left Baku to prepare for the G20.
Besides the finance impasse, a fight is also brewing at COP29 over whether countries should recommit to last year’s landmark pledge to move the world away from fossil fuels.
Saudi Arabia has been accused of obstructing efforts to address this and other measures to reduce record-high emissions of planet-heating greenhouse gases.
The main task at COP29 is negotiating a new deal to provide developing countries enough money to cut emissions and build resilience against worsening climate shocks.
Rei Josiah Echano, disaster chief in the typhoon-hit Philippines province of Northern Samar, called for talks to be “radically fast-tracked” to help those in dire need.
Developing countries excluding China will need $1 trillion a year in outside assistance by the end of the decade, according to independent economists commissioned by the United Nations.
Stiell said it was “easy to become slightly anaesthetised” by the numbers.
“But let’s never allow ourselves to forget: these figures are the difference between safety and life-wrecking disasters for billions of people,” he said.
“It certainly keeps me up at night.”
Climate-vulnerable nations want developed nations to commit at COP29 to substantially raising their existing pledge of $100 billion a year.
But donors say they cannot raise the money alone and the private sector must also be involved.
The United States and European Union also want wealthy emerging economies not obligated to pay climate finance — most notably China — to share the burden.
The EU is the biggest contributor to international climate finance but faces political and budget pressure, and could be left exposed should the United States refuse to pay up under Donald Trump.
The conference opened in the shadow of Trump’s re-election in the United States, and efforts to shore up support for the global climate fight took another knock when Argentina’s delegation withdrew from the summit.
A meeting between Chinese and European officials was seen as a glimmer of hope in an otherwise gloomy first week.
Azerbaijan lacks diplomatic experience at a time when COP observers say crucial leadership is needed to steer what some see as the most complex climate negotiations in years.
Azerbaijan’s president, Ilham Aliyev, was accused of making matters harder by defending fossil fuels and attacking France over its colonial record, sparking a diplomatic incident.
Critics have questioned the suitability of Azerbaijan to host the premier climate talks.
The Council of Europe, the EU’s top human rights body, called on Monday for the release of political prisoners in Azerbaijan in a letter to Aliyev.

Militants kill five Nigerian troops in raid on base

Updated 31 min 11 sec ago
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Militants kill five Nigerian troops in raid on base

  • Fighters from the Islamic State West Africa Province storm military base
  • Militant groups have been waging a 15-year-old insurrection for an Islamic Caliphate

KANO, Nigeria: Attackers from a Daesh-affiliated militant group killed five Nigerian soldiers and wounded 10 more in a raid on a military base near the Niger border, two officers said Monday.
Fighters from the Islamic State West Africa Province (ISWAP) stormed the base in Kareto village, Borno state in a dawn attack Saturday and triggered a gunbattle, the military officers said.
Northern Nigeria has been plagued by a bloody Islamist insurgency since 2009, and security cooperation on the border has broken down since the July 2023 military coup in Niger.
“We lost five soldiers in the battle with 10 other injured,” one senior military officer said, speaking on condition of anonymity as he was not authorized to speak to the media.
“Four of our men are still missing and search and rescue is under way to locate them,” he added.
The gunmen captured four trucks fitted with anti-aircraft guns and burnt five other vehicles, including a mine-resistant military truck, according to a second officer who gave the same toll.
In a statement issued Sunday, ISWAP claimed to have “killed and wounded” more than 20 troops in a suicide car bomb attack during the raid, according to SITE Intelligence, which monitors online militant activity.
The group claimed to have torched the base and burnt 14 vehicles.
Kareto, 153 kilometers (95 miles) north of the Borno state capital Maiduguri, houses the Nigerian army’s 149 Battalion, which is deployed to fight ISWAP and its rival fellow militant group Boko Haram.
The base has been repeatedly targeted by both groups.
Militant groups have been waging a 15-year-old insurrection for an Islamic Caliphate that has killed more than 40,000 people and displaced around two million more.


Ukraine brings back long rolling power cuts after major Russian strike

Updated 55 min 32 sec ago
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Ukraine brings back long rolling power cuts after major Russian strike

  • Russia unleashed its largest missile attack on Ukraine in almost three months
  • Temporary power cuts across the country were announced on Sunday

KYIV: Ukrainians in the Black Sea port city of Odesa on Monday morning had been without power for 24 hours and further cuts were planned across the country after a massive Russian missile strike over the weekend damaged energy infrastructure.
Russia unleashed its largest missile attack on Ukraine in almost three months on Sunday, killing seven people and further hobbling an already damaged energy system.
“The situation is most difficult in Odesa and Odesa district. Unfortunately, it is not yet technically possible to supply power to the critical infrastructure in the Kyivskyi and Primorskyi districts of the city,” power distributor DTEK wrote on the Telegram messenger.
As of Monday morning some 400,000 homes had power restored while 321,000 consumers remained without service, DTEK said.
Odesa regional governor Oleh Kiper said the water supply and heating was being gradually restored across the city with 445 shelters offering necessary services to residents.
Russia has attacked the Odesa region for months, hitting port and energy infrastructure.
Attacks in the autumn of 2022 left the region without electricity for several days and also triggered curbs on energy use in the winter of 2023.
Temporary power cuts across the country were announced on Sunday between 6 a.m. and 10 p.m. by national grid operator Ukrenergo which said workers were repairing the damage as quickly as possible.
Engineers restored power to almost 150,000 consumers following yesterday’s attack, the energy ministry said in a statement on the Telegram messaging app.
Authorities said most regions would face blackouts on Monday of up to eight hours, including the capital Kyiv.
Power cuts of six hours were expected in the central Ukrainian region of Cherkasy and cuts of four to six hours in Sumy in northern Ukraine.
No cuts were planned in five western regions.


EU needs to keep up dialogue with Israel, Dutch foreign minister says on Borrell proposal

Updated 18 November 2024
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EU needs to keep up dialogue with Israel, Dutch foreign minister says on Borrell proposal

  • Disagreeing with the EU’s top diplomat who proposed to pause the dialogue with the country

PARIS: The European Union needs to continue its diplomatic dialogue with Israel amid tensions in the Middle East, Dutch foreign Caspar Veldkamp said on Monday, disagreeing with the EU’s top diplomat who proposed to pause the dialogue with the country.
European Union foreign policy chief Josep Borrell last week proposed that the bloc suspend its political dialogue with Israel, citing possible human rights violations in the war in Gaza, according to four diplomats and a letter seen by Reuters.