Janusz Bugajski and Heather Conley
Q1: What impact will the advisory opinion of the International Court Of Justice (ICJ) regarding Kosovo’s declaration of independence have on the country’s international standing?
Bugajski: The ICJ’s advisory opinion that Kosovo’s declaration of independence in February 2008 did not violate international law has been acclaimed in Kosova and criticized by Serbia. Paradoxically, it was Belgrade that actually asked for the Court’s ruling. ICJ statements carry no binding legal weight and individual states can interpret them as they wish. However, the verdict is likely to unblock new recognitions for Kosova, especially after the ICJ opinion is presented to the UN General Assembly in September, The government in Prishtina wants to expand the current total of 69 bilateral recognitions to over 100, thus demonstrating the country’s legitimacy and acceptance by the majority of UN members. This would provide a new impetus to Kosova’s regional cooperation and integration into international organizations.
Q2: Will Serbia continue to block Kosova’s international legitimacy?
Bugajski: The Serbian government will continue to campaign against Kosova’s membership of multi-national organizations but its obstruction would be significantly reduced if it lacked strong backing from Russia. Because Kosovo’s legitimacy and Balkan stability correspond with U.S. security interests, Washington can more effectively use its outreach policy toward Moscow to reverse Russia’s opposition to Kosovo’s entry into the UN. Without international institutional inclusion and economic integration, Kosovo and several neighboring states, including Serbia itself, could become trapped in a new spiral of conflict over territories and minorities. Settling Kosovo’s international position and stabilizing Balkan borders presents a valuable opportunity for President Medvedev to demonstrate his declared commitment to European security. The ICJ verdict will also reinvigorate disputes between proponents and opponents of national sovereignty for minority populations that have been subjected to mass repression by existing states. It will be intriguing to see which governments will turn to the ICJ for future rulings on separatist disputes.
Q3: What effect has the European Union’s policies towards the Western Balkans, and particularly on Kosova, had since Kosova declared independence in 2008? Has the EU’s Rule of Law mission (EULEX) had a significant impact in fighting corruption and improving reform in the country?
Conley: The EU is the future for the Western Balkans, and its political and economic engagement in the region has had a profound influence by encouraging reform and regional dialogue. The EU understands its role and value, and so do Balkan politicians. EU member states declared their support for the “European perspective” of all Western Balkans countries at the 2003 Thessaloniki Summit, and since then all states have become engaged in the accession process.Montenegro, Albania, and Serbia have submitted applications for EU entry but for Kosovo membership is a more difficult challenge.Five EU member states do not recognize Kosova’s independence so that the country is not allowed to formally begin the accession process.However, the EU has a larger presence in Kosova than in any other country in the region, specifically through its Rule of Law mission (EULEX).As the largest civilian mission launched under the Common Security and Defence Policy (CSDP), EULEX’s purpose is to assist Kosovar judicial authorities and law enforcement agencies to combat corruption and strengthen the judicial system and police capabilities.EULEX is helping to create and train a multiethnic Kosovar police force and has moderated ethnic tensions in the Serb-dominated north (Mitrovica).Corruption remains one of the most significant challenges and in April this year 16 officials representing EULEX were themselves caught up in a smuggling scandal. Recently, prosecutors have taken up several high level corruption cases, including those targeting high ranking ministry officials, as part of a new plan to curb corruption in government and industry alike.
While the EU supports enlargement and deeper integration in the Western Balkans and is actively engaged in Kosovo, it is also distracted by its own institutional consolidation through the Lisbon Treaty and its continued focus on the debt crisis and challenges to the Euro monetary zone. Thus, enthusiasm for the Western Balkan accession process has dropped and the enlargement rhetoric rings increasingly hollow for many Balkan politicians who question the sincerity of the EU’s commitment to continued enlargement.
Q4: How important is it for the United States to remain engaged in Kosova and how vital is it that the United States and the EU work together?
Conley: The U.S. played a pivotal role in Kosovo’s road to independence and continues to be seen by Kosovar politicians as an integral player in the country’s future.It must therefore remain engaged.The EU has taken the lead in guiding Kosovo to a stable future, as seen in the EULEX mission. But this will not be an easy task: monitoring ethnic tension in the north, negotiating border disputes between Kosova and Serbia, and undoing a decades-old system of corruption and paternalism, not to mention formulating its own cohesive policy toward Kosovo when five of its 27 member states have not recognized its independence may be too much for the EU to effectively manage.
The Union needs the U.S. to support its work and help design a broader strategy for regional stability and development. Even before the ICJ decision, Vice President Joe Biden, in his meeting with Kosova Prime Minister Hashim Thaci, reiterated that the U.S. full supported “an independent, democratic, whole, and multi-ethnic Kosovo” and that he “welcomed the progress that Kosovo’s government has made in carrying out essential reforms, including steps to strengthen the rule of law and successfully integrate minority communities.” It is important to note that these efforts would not have been possible without the EU and the U.S. working together.
