25

Tuesday, 18.03.2008.

10:09

Tadić warns of "legal vacuum" in Kosovo

Boris Tadić has called all sides in Kosovo to abstain from violence, warning that “red lines should not be crossed.”

Izvor: B92

Tadiæ warns of "legal vacuum" in Kosovo IMAGE SOURCE
IMAGE DESCRIPTION

25 Komentari

Sortiraj po:

village-bey

pre 16 godina

Mathew my friend,
Congrats for the new baby I hope u are better than me at this nappy changing business. I did reply to you with a long post and I am still waiting for it to see the light of day. I too agree with Mike that we do not see enough of you nowadays.

Thank you for the reply Mike,
Although that might seem fairly reasonable right now I do not think that the current state of unrest would be reflective of overall relations in Kosova. Neither can this state of unrest be sustained for much longer. Your analysis is wholly built on a permanent state of civil disobedience but Belgrade is running out of options fast. Allow me to be cynical here and say that Prishtina doesn’t have to do anything in regard to the north. International community has undertaken a firm commitment on a viable and a united Kosovar state and I believe that should be sufficient for any state let alone little tiny Kosova.
This unrest was expected and authorities were highly prepared for it.
Time is on the side of the new state. More time passes easier will become for the Prishtina to establish some kind of loose authority over north and let’s face it no country in the world has complete authority over whole section of populations. Many European Muslims for example pledge alliances to the Islamic notion of Ummah rather than to the state that they live in. I can personally see something similar to that happening in north of Ibar where different layers of loyalty can overlap quite easily. It doesn’t have to be constitutionally recognized but full allowances made in law to accommodate it. You do not have to take an oath to flag and country to be a law abiding citizen. Time for violence has passed and there are no real justifications for it.

Matthew

pre 16 godina

Peter, partition would only be dangerous if forced upon the two sides. Any solution mutually agreed upon by both sides would be a positive precedent for how to handle issues in the future. I know from talking to moderate Serbs and Albanians here that its something the people could live with. Forced partition is just as dangerous as the UDI and only furthers the instability of the region. I hope to avoid a forced partition.

Mike,

I have a new baby, Noa Dusan (as well as my 2 year old, Vuk Danilo) and a new job where I’m working 70 hours a week. I read your posts everyday, but I’m just burnt out tired. My wife and kids hold Bosnian citizenship, so I do worry greatly about the future. I do plan to retire to the Balkans. As crazy as the region is sometimes, I’ve never felt more at home as I do in Serbian society. I learned so much about myself living in that society. BTW, where do you hang out in Belgrade? I hate to admit, I hung out at KST with all the rockers, even though I’m in my 30’s. I never really grew up….

Write me if you like, lazslow@hotmail.com, we generally go out there every year. I’d love to have a hladno pivo with you sometime.

Peter Sudyka

pre 16 godina

First off Adrian, I would like to apologize for my somewhat incoherent last reply to you, unfortunately I had consumed too much last night and what I wrote was probably somewhat of a lesser caliber than that of what I had written earlier.

Let me try again, hehe.

"
Re. Tibet. I never bought into this "conflict precedent" line of thinking. It's a shallow argument. The way I see it, every conflict is local (we're not talking about world wars here) and it's totally up to each actor in any given conflict - small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it."

I agree with you that every situation has its own unique history, but I am under the impression that with Kosovo been given the opportunity to secede from Serbia with Western backing, other scenarios worldwide might step up the intensity of their demands, and later actions. You say Tibet is not related, but tell me, when was the last time we saw such an intense protest as we see now? Is it coincidence? Maybe, maybe not.

"Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic?"

Well no, but I think that it's not the size of the situation that counts, it's the principle, the Kurds, Ossetians, Abkhazians, Tibetians, Palestinians and Chechens have all fought brutal wars and we essentially put down or left to de facto secede, all at the cost of thousands, if not hundreds of thousand of people, these situations are extremely fragile at the moment as they are, what people worry about is that Kosovo will add fuel to the fire, as it were.

"Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent."

I think Cyprus is more inclined towards their position out of respect for Serbia's territorial integrity rather than fear of precedent. Wasn't it their new president who said this a while back?

"In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise."

That's relative if you ask me, Tibet might be seen as precisely the sort of precedent Russia was talking about, I suppose it's up to interpretation. Also, let's see how things develop in the Caucasus and the Middle East over the coming months, it is still early, I would say.

village-bey

"You predictably still assume that Kosova is still under Serbian jurisdiction and for that, you state UN’s perceived bias towards Serbia as a well-established state."

Not at all, it is just that according to the UN (the authority in terms of sovereignty), Kosovo is still not a recognized, sovereign state, considering how the topic of legality is forever used by both sides here.

"Your argument is a bit misplaced here. Kosova is now an independent sovereignty de facto and sufficiently de jure. "

That's still relative, indeed a lot of major powers have recognized Kosovo, but I disagree that it is sufficiently de jure. A country is either de jure or de facto, at least as far as sovereignty is concerned.

"Belgrade has burned all the bridges with Prishtina and there is no reason for the Kosovar leadership to go out of their way to appear friendly to a belligerent feverish neighbour."

One cannot blame them, a de facto, unrecognized Kosovo would act the same way towards Serbia had the major powers not recognized them. It is in their interest to maintain a positive stance towards Serbia, not so much the other way around, I think.

"Now both your approaches change immediately."

How?

"You look at Prishtina for concession as the legal and responsible power to make athe first move. Despite this structural bias, you both do not give real reasons why a confederation is needed to pacify the Serbs."

I think we don't need to give a reason to pacify the Serbs, look what has been happening the past few weeks. Not only that, but things will always be on edge, like they are between Israel and Palestine (though indeed with less violence), unless another creative solution is implemented and enforced.

"If that is the real reason then there is no real hope for no one in this world. Albanian are under Serbian rule as there ethnic Greek under Albanian jurisdiction, as there 1000 other nationalities under different jurisdictions and vice versa."

So is Kosovo sui generis or is it like everywhere else?

"The whole point should be and I hope you both agree that any aggrieved party should be constitutionally protected against discrimination and the new state has given enough assurances about that."

I agree, but it is difficult to imagine that that will be enough for the Kosovo Serbs. Had Serbia offered the same to Kosovo during last year's negotiations, you think they would have accepted autonomy based on such offers?

"However, on the Bosnia model idea, I just have to disagree. That is clearly not a solution that can work in the long term, just look at Bosnia, its about to fall apart and there will most certainly be war there again if major hostilities break out in Europe sometime in the future. It didn’t work for Yugoslavia, its not working in Bosnia, why try it again in Kosovo.
"

It doesn't have to be exactly the same as Bosnia or Yugoslavia, some unique answer needs to be devised, but it is only possible with further negotiations, using Bosnia and Yugoslavia as examples of what to avoid and build on that. Besides, while Bosnia is under pressure now, it is largely because of Kosovo, who is to say it will really fall apart?

"Partition is the only solution. I only pray we all come to our senses and go back to the negotiating table. I’d rather not let the crazies do it at the point of a gun and drag the whole region down for another decade. Its going to be partition either way. "

If partition was legally introduced, then we can forget about peace and stability in the Balkans, hence my example earlier with regards to an idea of how to handle the current situation there.

Mike

pre 16 godina

"My point is - it's not up the Serbian and Kosovo's leaders to choose anything. They just need to listen and follow the instructions-rules or otherwise face consequences."

You may be right on this, dd. and it seems that Brussels is calling the shots for the whole of Kosovo over the last few weeks. They seem to be siding with the Albanians over the Serbs, but what is apparent is a determined effort to assert control over all of Kosovo. The trouble is that Mitrovica is becoming the predicted flashpoint and as long as it burns, there will never be the sought after peace in the region everyone wants.

Village-bey, again great thoughts and my responses to you coincide with dd's. You raise a good point: why should Pristina negotiate with Belgrade? Belgrade is, in your eyes, old news. I'm afraid I have to disagree with you. Kosovo's de facto and de jure independence is still not extended to the north. Yes the Serb enclaves are quiet, but that's more due to demographic minorities than any sense of cooperation (in other words, were Gracanica larger, you'd see the same unrest). By not negotiating we run the risk of ongoing conflicts that will only continue to destabilize the region. You also assume 1244 works only in your favor, but as we've seen over the last two weeks, 1244 has been so loosely interpreted, it is being used as a basis of legitimacy for both sides. Therefore, as far as the Serb districts are concerned, I see no other option but to return to the negotiating table.

You didn't provide any alternative solution to my two scenarios (negotiation or crackdown), but you did ask why Pristina should be conciliatory towards Belgrade. First, I think the negotiations should be between Belgrade and Brussels. As far as the north is concerned, Pristina is in my opinion a peripheral player. As I've said many times, Thaci has about as much control over North Mitrovica and Kostunica has over Pristina. The EU is the one calling the shots. Any attempts at implementing authority in the north will only result in more violence. Therefore, it's incredibly prudent to see where the battle lines have been drawn and erect a wall. Even if that wall is an internal administrative line, it gives the Serbs a more tangible understanding that while they may have to work with the EU, they do not, and should not take orders from Pristina.

Kosovo is going to continue to dominate the Serbian political scene until it is solved one way or the other. It's symbolic importance in the Serbian psyche cannot be overestimated as I'm sure you know, so why force them to live under an unwanted government, when one of the primary reasons for your independence was that very same rationale towards Belgrade? I think this is the weakest point of your reply in that you surmise Serbs will be protected under Kosovo's new institutions. You may think that, but the Serbs don't, in the same way Belgrade could have told you until they were blue in the face that Albanians would have enjoyed the widest form of political and regional autonomy in the world were they to remain in Serbia. If you never believed them, why should Serbs think differently?

Adrian, your suggestion of a land swap sounds rational, but I doubt the EU is going to go for it. Moreover, negotiating over northen Kosovo implies that Pristina has the authority to bargain with it, which as I replied to Village-bey, it doesn't. What we should consider, and here I agree with Peter and Matthew, is that if we're going to try to put out the fires in Kosovo, we should extend retardant to other potential areas namely Presevo and Macedonia. If K Serbs are given institutional protections in Kosovo, we should consider the same for Albanians in Presevo.

In any event, it was good to have a rational debate here, and Matthew, you're on this site far too infrequently. We need more input from you. I'm off to work. Let's hope the rest of the week is calm and stable.

Adrian Gashi

pre 16 godina

"Yes, but has this changed Cyprus's opinion towards the matter? Evidently not!"

Of course not. This only goes to show that Cyprus' pretensions that Kosova's status would somehow affect or be a precedent for Cyprus were bogus and that their objections were due to religious or strategic alliance with Serbia. Which everybody knew that was the case, and it would have been honest if they had said that, rather than play the victim.


"Are the average Kosovar, have you suffered more important than the average Tibetans?"

Peter, I don't like to assign a hierarchy of importance to the sufferings of different oppressed minorities. Any unbiased person that knows the history of Albanians under Milosevic, through hard facts not through propaganda, knows very well how much they have suffered. I can repeat a few numbers here, but I suspect it'll be pointless. After all it was the world media that labeled their expulsion as "an exodus of biblical proportions", and no amount of denying, twisting and revision of history can change that.
Tibetans have also suffered a lot under Chinese rule, and for a very long time, and now I fear they face extinction due to the great number of Chinese colonists being sent there to suffocate the local culture and people. My heart goes out for them.
I deeply respect the Tibetan people, their suffering and their struggle, as I respect the great Jewish suffering during the holocaust, or the Armenian during the Armenian genocide, or the Kurdish that with 20 million people spread out in 5 different countries clearly deserve a state of their own, as do the Palestinians and the Chechens. Believe me, I know of the Polish suffering too during the WWII, where you lost 6 million of your countrymen at the hands of the Nazis, and later at the hands of Stalin, I know because I have many Polish friends. I know also the Ukrainian suffering during the great famine, and that of many other nationalities at the infamous gulag.
But I don't take out a scale and say that we suffered more than you, or that my suffering is more important than yours, or that my people died more than your people therefore we deserve to sit higher on that morbid scale. I can't even fathom thinking along those lines, and I doubt that anyone whose heart has trembled with fear for his life will ever do that.

Matthew

pre 16 godina

Adrian,

You make some valid suggestions worthy of consideration, and I personally would trade Presevo for the North long before I’d agree to turn Kosovo into another Bosnia, as Mike and Peter suggest. However, it would be my hope to trade Presevo et all in exchange for some symbolic independence for our historic sites. Perhaps an agreement similar to what Italy signed with the Vatican.

Mike and Peter, you two above all here, have my greatest respect.

However, on the Bosnia model idea, I just have to disagree. That is clearly not a solution that can work in the long term, just look at Bosnia, its about to fall apart and there will most certainly be war there again if major hostilities break out in Europe sometime in the future. It didn’t work for Yugoslavia, its not working in Bosnia, why try it again in Kosovo.

“The reason cited often is that the Serbs do not want be under Albanian rule (village-bey, 19 March 2008 01:13)”

Village-Bey, I always look forward to your comments and your witty humor. However, its obvious we Serbs feel that we have been abused by Albanians in the past just as Albanians (rightly so) feel that they have been abused by the Serbian authorities. Both sides have equally legitimate reasons for not wanting to be ruled by the other side. The average Serb from Kosovo statistically is just as likely as the average Albanian to have suffered over the last decade. Per Capita the numbers are roughly the same.

Partition is the only solution. I only pray we all come to our senses and go back to the negotiating table. I’d rather not let the crazies do it at the point of a gun and drag the whole region down for another decade. Its going to be partition either way.

Europe as a WHOLE needs a new way of handling minority rights that can be applied across the board in every country there. Wilson’s vision of the Right to Self Determination was a wonderful step forward from the days of Empire, but that was a long long time ago and needs to be revised in order to accommodate a growing planet.

village-bey

pre 16 godina

Peter, Mike,
A couple of points here,
You standpoints although well intended derive from the presumption of denying Kosova’s sovereignty. You predictably still assume that Kosova is still under Serbian jurisdiction and for that, you state UN’s perceived bias towards Serbia as a well-established state.
Surely, you cannot use that one again. Legally there both argument of opposing and supporting Kosova’s independence but you both must admit that we have moved on since February the 17th. Kosovars leadership upheld the 1244 resolution on their declaration of independence and strongly believed that its declaration is still within the spirit of that agreement. Nevertheless, that’s beside the point. Your argument is a bit misplaced here. Kosova is now an independent sovereignty de facto and sufficiently de jure.
You rightly argue for the need of an agreement and surely, that is the way forward. Albanians are not interested in dictating to Serbian people of Kosova, but and this a major but, the negotiations does need to go through Belgrade no more.
Belgrade has burned all the bridges with Prishtina and there is no reason for the Kosovar leadership to go out of their way to appear friendly to a belligerent feverish neighbour. I too think that maybe Belgrade is not ready to let go the nationalistic fever that so much enjoys and although disturbing that it is only an internal matter for Serbia.
On the other hand, Kosova has a firm promise of institutional democracy. It has received an EU law mission guaranteeing the establishment of a liberal state with all the trimmings. As such, agreements for specific different issues could be based some kind of a civil arrangement.
That brings us to north Mitrovica. Mike sees only two options and to recap they are either federalisation or enforcement. Now both your approaches change immediately. You look at Prishtina for concession as the legal and responsible power to make athe first move. Despite this structural bias, you both do not give real reasons why a confederation is needed to pacify the Serbs.
The reason cited often is that the Serbs do not want be under Albanian rule and that might only mean symbolic rule as we all know that Serbs will not be ruled by anyone but themselves. If that is the real reason then there is no real hope for no one in this world. Albanian are under Serbian rule as there ethnic Greek under Albanian jurisdiction, as there 1000 other nationalities under different jurisdictions and vice versa. If the argument is that UMP will stir up trouble in the north and the Serbs might yet again throw in the odd grenade, I say no one in this world can legislate for bad behaviour.
The whole point should be and I hope you both agree that any aggrieved party should be constitutionally protected against discrimination and the new state has given enough assurances about that.

Peter Sudyka

pre 16 godina

Adrian Gashi

"Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic?"

No Adrian, Kosovo is not the only such situation, it is also not the only world-renowned solution, but it exists as one of the major such examples worldwide today.

Remember, as a Pole I say this, even whose direct family suffered due to Stalinist terror in the 1940'a - 1950's.

"small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it."

Are the average Kosovar, have you suffered more important than the average Tibetans?

"Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent. In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise."

Yes, but has this changed Cyprus's opinion towards the matter? Evidently not!

Adrian Gashi

pre 16 godina

"And in present situation your whole country seem to be going down rather than up."
"My country? I don't understand what you mean here."

I meant Serbia, Peter, not Poland.


Re. Tibet. I never bought into this "conflict precedent" line of thinking. It's a shallow argument. The way I see it, every conflict is local (we're not talking about world wars here) and it's totally up to each actor in any given conflict - small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it. And each conflict, anywhere in the world, will at the end of the day be decided by the local actors, not by some event happening thousands of miles away. But, this is nothing new in this world of ours, it's always been like that.
Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic? And if not, all hell will break loose everywhere else? Sorry, but I don't buy that.
The riots in Tibet have different actors, with different reasons, history, interests, strength and will naturally have different outcome. It has nothing to do with Kosova. No matter how much I sympathize with people of Tibet, I doubt they will be able to have a state unless it is given to them by China. Simply, that is the state of the affairs there.
Same in other conflicts, from Palestine, Basque, Quebec etc. etc. This point was even highlighted today by Canada's FM.
Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent. In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise.

Canadian

pre 16 godina

Mr. Tadic why don't you just come out and Bow to the Albanians and show your true face so that real politicians in Serbia can get started on looking after Serbian interests. Mr. Tadic you are a BIG fake, I don't particularly like Mr. Nikolic but at least he is not a fake like you, with Nikolic you get what you see, unlike with you.

Peter Sudyka

pre 16 godina

Mike

"
The term "legal vacuum" is an appropriate term since all sides claim to be upholding UN Resoltuon 1244, but each side clearly has their own agenda to push."

I cannot put it any better, this is the root of all problems in Kosovo today.

"That's why I think it is absolutely critical for the US and the EU to cut a deal with Serbia and Russia now over the legal loopholes of Kosovo."

Me too, though unfortunately Serbia and Kosovo are too stuck to their guns to possibly consider moving from them, but I think I gave a viable alternative below. If not something like that, I am sure there is a way out!

"one is to give them RS status like Bosnia and make Kosovo a unified state with two regional governments: one Albanian based in Pristina, and one Serb based in Mitrovica. Each side governs their own day to day affairs, with the EU as executive director."

I like this as well, though then the Albanians in Macedonia and Serbia will demand the same (Presevo and Tetevo). On the other hand, why shouldn't they have it? They are the majority in these regions, let them have their de facto independence/de jure autonomy and we can have possible peace in the Balkans.

Adrian Gashi

"But Peter, an agreement was impossible while Serbia offered even less than what Kosova had under the 1974 status."

I know that, but also on the other hand, Kosovo demanded nothing short of independence. The two barriers set up by the two sides and the time limit as an anchor that from the start, prevented any real effort into the negotiations, let alone a consensus. Both sides should have been encouraged to sit and discuss until they got sick of it, until they realized they had to abandon their positions and finally realize they are discussing their own futures.

"The strategy of Serbia (and Russia by extension) was to stall the negotiations and prolong them indefinitively in hopes of inciting the revolt and riots of K-Albanians against UNMIK and the West, and damage both Albanians and the West."

Yes, but now we have the same situation, except with the Serbs not being happy with the decision. Which is the lesser of the two evils? Neither. One can also argue that the USA and EU only facilitated the discussions to try and appease Russia and Serbia in order to justify what many thought they would do already. It's a double-edged sword, but you are right with what you say. Still, what we have now is clearly not the best solution.

"You will not be able to get N Kosova, neither de facto, nor de jure, unless you are willing to trade Presheva Valley for it. "

I feel if they ever do this officially, as per mutual agreement and UNSC endorsement, it really will set a vicious precedent (not to say that what has happened now hasn't, look at Tibet). This is what I mean by thinking outside the box, I provided one example earlier, so did Mike, I think there are really many ways out of this that will ensure real stability rather than this black and white approach they have had up until now.

"And in present situation your whole country seem to be going down rather than up."

My country? I don't understand what you mean here.

"Albanians gave up their original demands and settled for EU supervision, limitations to their sovereignty and maximal rights for the Serbian minority, some of which (like veto powers in the Parliament) are insulting to say the least."

I can understand what you are saying here, though I am certain Serbia would have offered the same caliber of benefits to the Kosovo Albanians, had the negotiations gone further. I think this is not sufficient enough to ensure satisfaction to either side, you as an Albanian should know how much it means to be in your own country. This is why some de facto solution should be implemented within a de jure framework like is now.

"Now, if that is up for grabs, so would be Presheva Valley and many many other things."

Ah yes, the precedent discussion, the question is will it really begin if, for example, Presevo goes, or has it already began with Kosovo? It's really a subjective argument Adrian, look how now the UNSCR1244 is being interpreted by both sides. They use it to their own benefit, to suit their arguments, West say UNSC was violated by the Serbs with this court scenario, Serbs say it was violated when everyone recognized Kosovo individually. Who is right and who is wrong here, because at this stage of the game, I really cannot give an answer?

Adrian Gashi

pre 16 godina

Peter Sudyka: "The USA is wrong big time (once again) with the Kosovo issue, they should have continued to aid Europe and Russia in accommodating the two sides for as long as possible until they could reach some agreement."

But Peter, an agreement was impossible while Serbia offered even less than what Kosova had under the 1974 status. They didn't move from that position during the entire two years of the negotiations, despite the colorful names they gave to basically the same proposal. There was no indication they would move even in 10 or 100 years of negotiations.
The strategy of Serbia (and Russia by extension) was to stall the negotiations and prolong them indefinitively in hopes of inciting the revolt and riots of K-Albanians against UNMIK and the West, and damage both Albanians and the West. It was a game for them, not honest negotiations. Russia supported Ahtisaari up until the plan came up in the UNSC and then they changed their position. That is not honest negotiating either, rather than a cat and mouse game to show who has the biggest round ones.
I told the Serbian camp before and I will say it again: When Serbian Govt is serious about settling the issue, they'll know where to call. You will not be able to get N Kosova, neither de facto, nor de jure, unless you are willing to trade Presheva Valley for it. Kosova might not be able to get in the UN without BG approval, but neither you will be able to get in EU or get N Kosova without Prishtina's approval. And in present situation your whole country seem to be going down rather than up. Trading equally sized territories and populations, is only fair. In every negotiations there is give and take, not just take and take. Albanians gave up their original demands and settled for EU supervision, limitations to their sovereignty and maximal rights for the Serbian minority, some of which (like veto powers in the Parliament) are insulting to say the least. But they gave in knowing that the territorial integrity of Kosova would be preserved. Now, if that is up for grabs, so would be Presheva Valley and many many other things.

dd

pre 16 godina

Mike,
Very good post-comment. Just you haven't considered one small thing - It's already decided what will happen in Balkans couple decades ago - this is just execution phase with fine tuning.
My point is - it's not up the Serbian and Kosovo's leaders to choose anything. They just need to listen and follow the instructions-rules or otherwise face consequences.
Same rule applies for sequence of events in Slovenia, Croatia, Bosnia and later Kosovo.
They will get what they want.Because the Serbs have more proud and still beleive that by being right they can achieve something - it will take more time for project execution. Everybody else listen and have less pride and sells everything for lower price - and don't blame them = they got something or they at least feel better.
The conclusion is: In todays world - don't count on truth, justice and pride and sooner you accept that you will make better deal -everything mentioned above is for sale. Welcome to democracy and capitalism.

dd

Peter Sudyka

pre 16 godina

Here's an idea. Kosovo allows Serbia to govern the Serbs North of the Ibar, but within the recognized borders of the Kosovo province/state. That way Serbia has de facto control over its citizens in the North, Kosovo has de jure control over the whole country, Serbia does not detract from controlling its citizens in the North of the country, Kosovo does not detract from its sovereignty.

Call it a de facto partion if you will, at least there would be a chance that both sides would accept this. Why should Serbs be forced to live in Kosovo, same way as why should Albanians be forced to live in Serbia? This would not be a recognized partion, this would only be de facto, and perhaps the only way peace could finally be achieved!

Problem solved perhaps?

Mike

pre 16 godina

Excellent posts Peter. I completely agree with you. The situation in Kosovo is getting worse by the day and it's pulling Serbia towards a direction no one wants, but no one seems to be stopping.

The term "legal vacuum" is an appropriate term since all sides claim to be upholding UN Resoltuon 1244, but each side clearly has their own agenda to push. What's more the upcoming elections in Serbia will be directly influenced by actions on the ground in Kosovo Province. The worse it gets, the stronger the SRS-DSS coalition gets.

That's why I think it is absolutely critical for the US and the EU to cut a deal with Serbia and Russia now over the legal loopholes of Kosovo. There are only two solutions to pacify the Serb regions: one is to give them RS status like Bosnia and make Kosovo a unified state with two regional governments: one Albanian based in Pristina, and one Serb based in Mitrovica. Each side governs their own day to day affairs, with the EU as executive director. This gives the Serbs parts the institutional legitimacy to handle their own affairs apart from Pristina, and relieves the major headache the Serb parts are presenting for Pristina. This avoids outright partition, but it builds the necessary political fence to facilitate the "good neighborly relations" Thaci wants.

The other solution is to just go in with guns blasting and completely crush the Serb movement in the north. Such a move will only serve to prove that Kosovo is anything but democratic or multiethnic. This will also give SRS a major boost at the polls, and the international community can take heart at being primarily resonsible for scuttling Serbia's democratic government.

Why is cutting a deal important? Because if a deal is worked out with Tadic and the DS, they can go into this upcoming election, claiming that they negotiated and solved the Kosovo question. The election can then move on to focus on more pressing matters of everyday concern in Serbia Proper. Of course DSS and SRS will want to push for all of Kosovo, but they will only look like hardline nationalists if a realistic deal to hold onto current Serb enclaves is reached. and let's be honest: Pristina and Prizren are gone. Mitrovica and Gracania can still be negotiated over.

Again, the longer northern Kosovo festers, the more likely it will guarantee an SRS win in May. Brussels and Washington should really take heart in working with Tadic who WANTS to get Serbia into the EU. Solve the Kosovo Question now, pacify the region, and we can all look beyond this. Ignore it, and the problem will only worsen.

smile

pre 16 godina

tadic's words are very moving. to the digestive system.
anyway, i passed him the ball in the first half so he can score. i didn’t know that i was passing to a guy who already has a job, is employed elsewhere and not by this country and was just doing errands when he ran for president, because i was a. stupid, and b. because he lied and mislead.
now in the second half, he'll suffer a polls injury that will end his playing, political, lying, conniving, career.
and i swear this is the last time i comment on tadic. that's over :)

roko

pre 16 godina

Last week, Kosovo was a "artificial subject" for Mr. Tadic, now he detected a "legal vacuum" there. The president of Serbia sounds like a space man to me.

Concerning the protest of Mr. Jeremic: Does he really think, Russia will ever defend the provocation of (so-called) Serbian "justice workers" on an international level?

Why did Mr. Tadic let these people in K-Mitrovica cross the red line? Why does Mr. Jeremic defend these kind of people?

What a nation (including Russia) could support such nationalistic provocations on an international level?

Peter Sudyka

pre 16 godina

Besa

Well how do you then propose stability in Kosovo and control over the North? Force? There is no other way than by negotiation, the fact that Kosovo is still a part of Serbia as per the UN, means that even if many more countries recognize and begin diplomatic ties with Kosovo, they can still claim ownership over Kosovo state assets (and they still have influence over it, which cannot change unless NATO exercises force, which would just throw the Balkans back into war). There must be some way to console both Serbia and Kosovo to ensure proper stability, otherwise, how do you see a future in the Balkans with things as they are? All people will be able to do is to liken Kosovo to the West Bank, Northern Kosovo to the Gaza Strip and Serbia to Israel.

I do not sit here and say that Kosovo needs to conform to Serbia's demands, I am saying they must find some other way together to reach some kind of agreement. I am almost certain it's possible.

ZK UK

pre 16 godina

Also you say that Serbia was pushed aside. Well Albanians were also pushed aside a while ago. Give us a break ok! We simply don't want to be part of Serbia.
(Besa, 18 March 2008 14:54)
--
Then go and live in Albania. You have your own country you know?

If I don't like Britian, I'm not going to break a bit off and call it Serbia now, am I?

Besa

pre 16 godina

To conclude: I think it is time to go back to the negotiating table and restart serious talks, without a time limit, and let them realize themselves that without a mutual compromize that all we will have is another Israel/Palestine situation. Serbia and Kosovo will never see peace until they reach it themselves. Other countries have done it, so can you.
(Peter Sudyka, 18 March 2008 13:27)

-Well I don't agree Peter, sorry. Serbia is a stat and UN member therefore Serbia could "negotiate" for 100 years and it would accept Kosovos independence. Whereas what Kosovo needs is economic growth, wich it cannot get without a status.

Also you say that Serbia was pushed aside. Well Albanians were also pushed aside a while ago. Give us a break ok! We simply don't want to be part of Serbia.

all the best.

Canadian

pre 16 godina

Mr. Tadic you have failed your people. Your Warnings ring hollow! The May elections will reflect this by a win for the Radicals, and this time not by a narrow margin but by a landslide victory. Shame on you for letting Serbia down!

Peter Sudyka

pre 16 godina

Tadic uses a very good expression that encompasses this Kosovo issue perfectly:

Legal Vacuum

This is precisely what this is. What the IC has achieved with the Kosovo issue is a mess, and a big one at that.

Both sides of the IC can be blamed: Russia-camp can be blamed for stubborness at the UNSC and USA-camp can be blamed for acting rashly outside of international law.

At one stage I viewed Russia's argument as far-fetched and paranoid, but what is happening now in Tibet and Turkey certainly confirms Russia's fears, somewhat justifying their paranoia to an extent.

The USA, on the other hand, claimed that a solution needed to be implemented as soon as possible, considering recognition of the UDI as the "least worst solution".

Is it really? Should there have been a time limit for the negotiations last year? Of course not! How can you put a time limit on such things? With a time limit in place, Kosovo and Serbia could just keep refusing each others arguments until December the 10th and then they would act on their own interests, hardly interested in each others' perspectives.

The USA is wrong big time (once again) with the Kosovo issue, they should have continued to aid Europe and Russia in accomodating the two sides for as long as possible until they could reach some agreement. What was the hurry? What was the urgency? A long-term solution needed and still needs to be found to ensure true stability in Kosovo, with recognition of the UDI the IC has shot itself in the foot and now is struggling to clean up this nasty mess.

Situations like the embassy burnings, the border post demolitions and now this courthouse scenario show that the IC has not applied a solution that will guarantee stability in the Balkans. Now of course if they would have left Kosovo as a Serbian province, probably what we would have is more KLA terrorist attacks and more 2004-style pogroms of Serbs.

People need to think out of the box here. Serbia was pushed aside and the only compensation is signing the SAA? How can anyone possibly expect them to just accept the USA's solution? It would have been different were there a UNSC resolution, but there isn't, it's illegal, it has no legal basis whatsoever and Kosovo still does not have sovereingty, because no law bounds it, the only legal document that confirms any sovereignty issue is the one given by the United Nations!

To conclude: I think it is time to go back to the negotiating table and restart serious talks, without a time limit, and let them realize themselves that without a mutual compromize that all we will have is another Israel/Palestine situation. Serbia and Kosovo will never see peace until they reach it themselves. Other countries have done it, so can you.

Svabo

pre 16 godina

Yes Tadic. Lets take this to UN council and try to find a solution before it turns into another Palestine or Iraqi form of peace. What kind of Kosovoar peace is that going to be if they wind up living in constant prmanent fear that they and their children will get blown up while going to school or shopping in the market? No one wants that.


To the Kosovovars posting out here. We have to find a mutual agreement. You can't claim independence just because the US agrees with you and then go on an campaign insulting everyone that does not agree with you.

The important thing to remember here is that Serbia is a sovereign nation and has has to agree to your independence from her borders. So instead of brandishing your spiteful works, and insults and NATO backing weapons, why don't you try to create a peace committee and try to bring this to some negotiating table and try to negotiate a peaceful session.

Svabo, full blooded Serb!!!

mika

pre 16 godina

Very touching indeed Mr. Tadić, you show a lot of courage to defend aspirations of the country you represent, aspirations which brought war and suffering for millions of people in Ex-YU, aspirations of domination with life’s and property of all Serbian neighbors, aspirations that remind us of dark middle age with no respect for human rights, aspirations of segregations and violations with all written and unwritten laws made by human or by God, aspirations that made entire democratic world to feel ashamed for not acting properly to stop such a Serbia in time before happening of Vukovar, Srebrenica, aspirations that left entire generations of ex common state without any security in whatever this word means, aspirations that made impassable gap between Serbia and all of her neighbors. It’s an Albanian saying that: ‘’When you get burned once from the hot milk, you’ll be careful even with yogurt’’. We’ve been burned in every possible way Mr. Tadić, and there’s nothing in this world you can say, for us to start believing in your words. We made our choice, our roads are separated and we expect nothing good from you, maybe just a human act of returning the bones of 3000 missing Albanians. Like you, my dearest neighbors like to say: ‘’we will forgive, but we will never forget”, I can just add that we will not forgive and we will never forget.

Peter Sudyka

pre 16 godina

Tadic uses a very good expression that encompasses this Kosovo issue perfectly:

Legal Vacuum

This is precisely what this is. What the IC has achieved with the Kosovo issue is a mess, and a big one at that.

Both sides of the IC can be blamed: Russia-camp can be blamed for stubborness at the UNSC and USA-camp can be blamed for acting rashly outside of international law.

At one stage I viewed Russia's argument as far-fetched and paranoid, but what is happening now in Tibet and Turkey certainly confirms Russia's fears, somewhat justifying their paranoia to an extent.

The USA, on the other hand, claimed that a solution needed to be implemented as soon as possible, considering recognition of the UDI as the "least worst solution".

Is it really? Should there have been a time limit for the negotiations last year? Of course not! How can you put a time limit on such things? With a time limit in place, Kosovo and Serbia could just keep refusing each others arguments until December the 10th and then they would act on their own interests, hardly interested in each others' perspectives.

The USA is wrong big time (once again) with the Kosovo issue, they should have continued to aid Europe and Russia in accomodating the two sides for as long as possible until they could reach some agreement. What was the hurry? What was the urgency? A long-term solution needed and still needs to be found to ensure true stability in Kosovo, with recognition of the UDI the IC has shot itself in the foot and now is struggling to clean up this nasty mess.

Situations like the embassy burnings, the border post demolitions and now this courthouse scenario show that the IC has not applied a solution that will guarantee stability in the Balkans. Now of course if they would have left Kosovo as a Serbian province, probably what we would have is more KLA terrorist attacks and more 2004-style pogroms of Serbs.

People need to think out of the box here. Serbia was pushed aside and the only compensation is signing the SAA? How can anyone possibly expect them to just accept the USA's solution? It would have been different were there a UNSC resolution, but there isn't, it's illegal, it has no legal basis whatsoever and Kosovo still does not have sovereingty, because no law bounds it, the only legal document that confirms any sovereignty issue is the one given by the United Nations!

To conclude: I think it is time to go back to the negotiating table and restart serious talks, without a time limit, and let them realize themselves that without a mutual compromize that all we will have is another Israel/Palestine situation. Serbia and Kosovo will never see peace until they reach it themselves. Other countries have done it, so can you.

Svabo

pre 16 godina

Yes Tadic. Lets take this to UN council and try to find a solution before it turns into another Palestine or Iraqi form of peace. What kind of Kosovoar peace is that going to be if they wind up living in constant prmanent fear that they and their children will get blown up while going to school or shopping in the market? No one wants that.


To the Kosovovars posting out here. We have to find a mutual agreement. You can't claim independence just because the US agrees with you and then go on an campaign insulting everyone that does not agree with you.

The important thing to remember here is that Serbia is a sovereign nation and has has to agree to your independence from her borders. So instead of brandishing your spiteful works, and insults and NATO backing weapons, why don't you try to create a peace committee and try to bring this to some negotiating table and try to negotiate a peaceful session.

Svabo, full blooded Serb!!!

Canadian

pre 16 godina

Mr. Tadic you have failed your people. Your Warnings ring hollow! The May elections will reflect this by a win for the Radicals, and this time not by a narrow margin but by a landslide victory. Shame on you for letting Serbia down!

dd

pre 16 godina

Mike,
Very good post-comment. Just you haven't considered one small thing - It's already decided what will happen in Balkans couple decades ago - this is just execution phase with fine tuning.
My point is - it's not up the Serbian and Kosovo's leaders to choose anything. They just need to listen and follow the instructions-rules or otherwise face consequences.
Same rule applies for sequence of events in Slovenia, Croatia, Bosnia and later Kosovo.
They will get what they want.Because the Serbs have more proud and still beleive that by being right they can achieve something - it will take more time for project execution. Everybody else listen and have less pride and sells everything for lower price - and don't blame them = they got something or they at least feel better.
The conclusion is: In todays world - don't count on truth, justice and pride and sooner you accept that you will make better deal -everything mentioned above is for sale. Welcome to democracy and capitalism.

dd

ZK UK

pre 16 godina

Also you say that Serbia was pushed aside. Well Albanians were also pushed aside a while ago. Give us a break ok! We simply don't want to be part of Serbia.
(Besa, 18 March 2008 14:54)
--
Then go and live in Albania. You have your own country you know?

If I don't like Britian, I'm not going to break a bit off and call it Serbia now, am I?

Mike

pre 16 godina

Excellent posts Peter. I completely agree with you. The situation in Kosovo is getting worse by the day and it's pulling Serbia towards a direction no one wants, but no one seems to be stopping.

The term "legal vacuum" is an appropriate term since all sides claim to be upholding UN Resoltuon 1244, but each side clearly has their own agenda to push. What's more the upcoming elections in Serbia will be directly influenced by actions on the ground in Kosovo Province. The worse it gets, the stronger the SRS-DSS coalition gets.

That's why I think it is absolutely critical for the US and the EU to cut a deal with Serbia and Russia now over the legal loopholes of Kosovo. There are only two solutions to pacify the Serb regions: one is to give them RS status like Bosnia and make Kosovo a unified state with two regional governments: one Albanian based in Pristina, and one Serb based in Mitrovica. Each side governs their own day to day affairs, with the EU as executive director. This gives the Serbs parts the institutional legitimacy to handle their own affairs apart from Pristina, and relieves the major headache the Serb parts are presenting for Pristina. This avoids outright partition, but it builds the necessary political fence to facilitate the "good neighborly relations" Thaci wants.

The other solution is to just go in with guns blasting and completely crush the Serb movement in the north. Such a move will only serve to prove that Kosovo is anything but democratic or multiethnic. This will also give SRS a major boost at the polls, and the international community can take heart at being primarily resonsible for scuttling Serbia's democratic government.

Why is cutting a deal important? Because if a deal is worked out with Tadic and the DS, they can go into this upcoming election, claiming that they negotiated and solved the Kosovo question. The election can then move on to focus on more pressing matters of everyday concern in Serbia Proper. Of course DSS and SRS will want to push for all of Kosovo, but they will only look like hardline nationalists if a realistic deal to hold onto current Serb enclaves is reached. and let's be honest: Pristina and Prizren are gone. Mitrovica and Gracania can still be negotiated over.

Again, the longer northern Kosovo festers, the more likely it will guarantee an SRS win in May. Brussels and Washington should really take heart in working with Tadic who WANTS to get Serbia into the EU. Solve the Kosovo Question now, pacify the region, and we can all look beyond this. Ignore it, and the problem will only worsen.

mika

pre 16 godina

Very touching indeed Mr. Tadić, you show a lot of courage to defend aspirations of the country you represent, aspirations which brought war and suffering for millions of people in Ex-YU, aspirations of domination with life’s and property of all Serbian neighbors, aspirations that remind us of dark middle age with no respect for human rights, aspirations of segregations and violations with all written and unwritten laws made by human or by God, aspirations that made entire democratic world to feel ashamed for not acting properly to stop such a Serbia in time before happening of Vukovar, Srebrenica, aspirations that left entire generations of ex common state without any security in whatever this word means, aspirations that made impassable gap between Serbia and all of her neighbors. It’s an Albanian saying that: ‘’When you get burned once from the hot milk, you’ll be careful even with yogurt’’. We’ve been burned in every possible way Mr. Tadić, and there’s nothing in this world you can say, for us to start believing in your words. We made our choice, our roads are separated and we expect nothing good from you, maybe just a human act of returning the bones of 3000 missing Albanians. Like you, my dearest neighbors like to say: ‘’we will forgive, but we will never forget”, I can just add that we will not forgive and we will never forget.

smile

pre 16 godina

tadic's words are very moving. to the digestive system.
anyway, i passed him the ball in the first half so he can score. i didn’t know that i was passing to a guy who already has a job, is employed elsewhere and not by this country and was just doing errands when he ran for president, because i was a. stupid, and b. because he lied and mislead.
now in the second half, he'll suffer a polls injury that will end his playing, political, lying, conniving, career.
and i swear this is the last time i comment on tadic. that's over :)

Peter Sudyka

pre 16 godina

Here's an idea. Kosovo allows Serbia to govern the Serbs North of the Ibar, but within the recognized borders of the Kosovo province/state. That way Serbia has de facto control over its citizens in the North, Kosovo has de jure control over the whole country, Serbia does not detract from controlling its citizens in the North of the country, Kosovo does not detract from its sovereignty.

Call it a de facto partion if you will, at least there would be a chance that both sides would accept this. Why should Serbs be forced to live in Kosovo, same way as why should Albanians be forced to live in Serbia? This would not be a recognized partion, this would only be de facto, and perhaps the only way peace could finally be achieved!

Problem solved perhaps?

Peter Sudyka

pre 16 godina

Besa

Well how do you then propose stability in Kosovo and control over the North? Force? There is no other way than by negotiation, the fact that Kosovo is still a part of Serbia as per the UN, means that even if many more countries recognize and begin diplomatic ties with Kosovo, they can still claim ownership over Kosovo state assets (and they still have influence over it, which cannot change unless NATO exercises force, which would just throw the Balkans back into war). There must be some way to console both Serbia and Kosovo to ensure proper stability, otherwise, how do you see a future in the Balkans with things as they are? All people will be able to do is to liken Kosovo to the West Bank, Northern Kosovo to the Gaza Strip and Serbia to Israel.

I do not sit here and say that Kosovo needs to conform to Serbia's demands, I am saying they must find some other way together to reach some kind of agreement. I am almost certain it's possible.

Adrian Gashi

pre 16 godina

Peter Sudyka: "The USA is wrong big time (once again) with the Kosovo issue, they should have continued to aid Europe and Russia in accommodating the two sides for as long as possible until they could reach some agreement."

But Peter, an agreement was impossible while Serbia offered even less than what Kosova had under the 1974 status. They didn't move from that position during the entire two years of the negotiations, despite the colorful names they gave to basically the same proposal. There was no indication they would move even in 10 or 100 years of negotiations.
The strategy of Serbia (and Russia by extension) was to stall the negotiations and prolong them indefinitively in hopes of inciting the revolt and riots of K-Albanians against UNMIK and the West, and damage both Albanians and the West. It was a game for them, not honest negotiations. Russia supported Ahtisaari up until the plan came up in the UNSC and then they changed their position. That is not honest negotiating either, rather than a cat and mouse game to show who has the biggest round ones.
I told the Serbian camp before and I will say it again: When Serbian Govt is serious about settling the issue, they'll know where to call. You will not be able to get N Kosova, neither de facto, nor de jure, unless you are willing to trade Presheva Valley for it. Kosova might not be able to get in the UN without BG approval, but neither you will be able to get in EU or get N Kosova without Prishtina's approval. And in present situation your whole country seem to be going down rather than up. Trading equally sized territories and populations, is only fair. In every negotiations there is give and take, not just take and take. Albanians gave up their original demands and settled for EU supervision, limitations to their sovereignty and maximal rights for the Serbian minority, some of which (like veto powers in the Parliament) are insulting to say the least. But they gave in knowing that the territorial integrity of Kosova would be preserved. Now, if that is up for grabs, so would be Presheva Valley and many many other things.

Peter Sudyka

pre 16 godina

First off Adrian, I would like to apologize for my somewhat incoherent last reply to you, unfortunately I had consumed too much last night and what I wrote was probably somewhat of a lesser caliber than that of what I had written earlier.

Let me try again, hehe.

"
Re. Tibet. I never bought into this "conflict precedent" line of thinking. It's a shallow argument. The way I see it, every conflict is local (we're not talking about world wars here) and it's totally up to each actor in any given conflict - small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it."

I agree with you that every situation has its own unique history, but I am under the impression that with Kosovo been given the opportunity to secede from Serbia with Western backing, other scenarios worldwide might step up the intensity of their demands, and later actions. You say Tibet is not related, but tell me, when was the last time we saw such an intense protest as we see now? Is it coincidence? Maybe, maybe not.

"Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic?"

Well no, but I think that it's not the size of the situation that counts, it's the principle, the Kurds, Ossetians, Abkhazians, Tibetians, Palestinians and Chechens have all fought brutal wars and we essentially put down or left to de facto secede, all at the cost of thousands, if not hundreds of thousand of people, these situations are extremely fragile at the moment as they are, what people worry about is that Kosovo will add fuel to the fire, as it were.

"Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent."

I think Cyprus is more inclined towards their position out of respect for Serbia's territorial integrity rather than fear of precedent. Wasn't it their new president who said this a while back?

"In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise."

That's relative if you ask me, Tibet might be seen as precisely the sort of precedent Russia was talking about, I suppose it's up to interpretation. Also, let's see how things develop in the Caucasus and the Middle East over the coming months, it is still early, I would say.

village-bey

"You predictably still assume that Kosova is still under Serbian jurisdiction and for that, you state UN’s perceived bias towards Serbia as a well-established state."

Not at all, it is just that according to the UN (the authority in terms of sovereignty), Kosovo is still not a recognized, sovereign state, considering how the topic of legality is forever used by both sides here.

"Your argument is a bit misplaced here. Kosova is now an independent sovereignty de facto and sufficiently de jure. "

That's still relative, indeed a lot of major powers have recognized Kosovo, but I disagree that it is sufficiently de jure. A country is either de jure or de facto, at least as far as sovereignty is concerned.

"Belgrade has burned all the bridges with Prishtina and there is no reason for the Kosovar leadership to go out of their way to appear friendly to a belligerent feverish neighbour."

One cannot blame them, a de facto, unrecognized Kosovo would act the same way towards Serbia had the major powers not recognized them. It is in their interest to maintain a positive stance towards Serbia, not so much the other way around, I think.

"Now both your approaches change immediately."

How?

"You look at Prishtina for concession as the legal and responsible power to make athe first move. Despite this structural bias, you both do not give real reasons why a confederation is needed to pacify the Serbs."

I think we don't need to give a reason to pacify the Serbs, look what has been happening the past few weeks. Not only that, but things will always be on edge, like they are between Israel and Palestine (though indeed with less violence), unless another creative solution is implemented and enforced.

"If that is the real reason then there is no real hope for no one in this world. Albanian are under Serbian rule as there ethnic Greek under Albanian jurisdiction, as there 1000 other nationalities under different jurisdictions and vice versa."

So is Kosovo sui generis or is it like everywhere else?

"The whole point should be and I hope you both agree that any aggrieved party should be constitutionally protected against discrimination and the new state has given enough assurances about that."

I agree, but it is difficult to imagine that that will be enough for the Kosovo Serbs. Had Serbia offered the same to Kosovo during last year's negotiations, you think they would have accepted autonomy based on such offers?

"However, on the Bosnia model idea, I just have to disagree. That is clearly not a solution that can work in the long term, just look at Bosnia, its about to fall apart and there will most certainly be war there again if major hostilities break out in Europe sometime in the future. It didn’t work for Yugoslavia, its not working in Bosnia, why try it again in Kosovo.
"

It doesn't have to be exactly the same as Bosnia or Yugoslavia, some unique answer needs to be devised, but it is only possible with further negotiations, using Bosnia and Yugoslavia as examples of what to avoid and build on that. Besides, while Bosnia is under pressure now, it is largely because of Kosovo, who is to say it will really fall apart?

"Partition is the only solution. I only pray we all come to our senses and go back to the negotiating table. I’d rather not let the crazies do it at the point of a gun and drag the whole region down for another decade. Its going to be partition either way. "

If partition was legally introduced, then we can forget about peace and stability in the Balkans, hence my example earlier with regards to an idea of how to handle the current situation there.

Mike

pre 16 godina

"My point is - it's not up the Serbian and Kosovo's leaders to choose anything. They just need to listen and follow the instructions-rules or otherwise face consequences."

You may be right on this, dd. and it seems that Brussels is calling the shots for the whole of Kosovo over the last few weeks. They seem to be siding with the Albanians over the Serbs, but what is apparent is a determined effort to assert control over all of Kosovo. The trouble is that Mitrovica is becoming the predicted flashpoint and as long as it burns, there will never be the sought after peace in the region everyone wants.

Village-bey, again great thoughts and my responses to you coincide with dd's. You raise a good point: why should Pristina negotiate with Belgrade? Belgrade is, in your eyes, old news. I'm afraid I have to disagree with you. Kosovo's de facto and de jure independence is still not extended to the north. Yes the Serb enclaves are quiet, but that's more due to demographic minorities than any sense of cooperation (in other words, were Gracanica larger, you'd see the same unrest). By not negotiating we run the risk of ongoing conflicts that will only continue to destabilize the region. You also assume 1244 works only in your favor, but as we've seen over the last two weeks, 1244 has been so loosely interpreted, it is being used as a basis of legitimacy for both sides. Therefore, as far as the Serb districts are concerned, I see no other option but to return to the negotiating table.

You didn't provide any alternative solution to my two scenarios (negotiation or crackdown), but you did ask why Pristina should be conciliatory towards Belgrade. First, I think the negotiations should be between Belgrade and Brussels. As far as the north is concerned, Pristina is in my opinion a peripheral player. As I've said many times, Thaci has about as much control over North Mitrovica and Kostunica has over Pristina. The EU is the one calling the shots. Any attempts at implementing authority in the north will only result in more violence. Therefore, it's incredibly prudent to see where the battle lines have been drawn and erect a wall. Even if that wall is an internal administrative line, it gives the Serbs a more tangible understanding that while they may have to work with the EU, they do not, and should not take orders from Pristina.

Kosovo is going to continue to dominate the Serbian political scene until it is solved one way or the other. It's symbolic importance in the Serbian psyche cannot be overestimated as I'm sure you know, so why force them to live under an unwanted government, when one of the primary reasons for your independence was that very same rationale towards Belgrade? I think this is the weakest point of your reply in that you surmise Serbs will be protected under Kosovo's new institutions. You may think that, but the Serbs don't, in the same way Belgrade could have told you until they were blue in the face that Albanians would have enjoyed the widest form of political and regional autonomy in the world were they to remain in Serbia. If you never believed them, why should Serbs think differently?

Adrian, your suggestion of a land swap sounds rational, but I doubt the EU is going to go for it. Moreover, negotiating over northen Kosovo implies that Pristina has the authority to bargain with it, which as I replied to Village-bey, it doesn't. What we should consider, and here I agree with Peter and Matthew, is that if we're going to try to put out the fires in Kosovo, we should extend retardant to other potential areas namely Presevo and Macedonia. If K Serbs are given institutional protections in Kosovo, we should consider the same for Albanians in Presevo.

In any event, it was good to have a rational debate here, and Matthew, you're on this site far too infrequently. We need more input from you. I'm off to work. Let's hope the rest of the week is calm and stable.

Peter Sudyka

pre 16 godina

Mike

"
The term "legal vacuum" is an appropriate term since all sides claim to be upholding UN Resoltuon 1244, but each side clearly has their own agenda to push."

I cannot put it any better, this is the root of all problems in Kosovo today.

"That's why I think it is absolutely critical for the US and the EU to cut a deal with Serbia and Russia now over the legal loopholes of Kosovo."

Me too, though unfortunately Serbia and Kosovo are too stuck to their guns to possibly consider moving from them, but I think I gave a viable alternative below. If not something like that, I am sure there is a way out!

"one is to give them RS status like Bosnia and make Kosovo a unified state with two regional governments: one Albanian based in Pristina, and one Serb based in Mitrovica. Each side governs their own day to day affairs, with the EU as executive director."

I like this as well, though then the Albanians in Macedonia and Serbia will demand the same (Presevo and Tetevo). On the other hand, why shouldn't they have it? They are the majority in these regions, let them have their de facto independence/de jure autonomy and we can have possible peace in the Balkans.

Adrian Gashi

"But Peter, an agreement was impossible while Serbia offered even less than what Kosova had under the 1974 status."

I know that, but also on the other hand, Kosovo demanded nothing short of independence. The two barriers set up by the two sides and the time limit as an anchor that from the start, prevented any real effort into the negotiations, let alone a consensus. Both sides should have been encouraged to sit and discuss until they got sick of it, until they realized they had to abandon their positions and finally realize they are discussing their own futures.

"The strategy of Serbia (and Russia by extension) was to stall the negotiations and prolong them indefinitively in hopes of inciting the revolt and riots of K-Albanians against UNMIK and the West, and damage both Albanians and the West."

Yes, but now we have the same situation, except with the Serbs not being happy with the decision. Which is the lesser of the two evils? Neither. One can also argue that the USA and EU only facilitated the discussions to try and appease Russia and Serbia in order to justify what many thought they would do already. It's a double-edged sword, but you are right with what you say. Still, what we have now is clearly not the best solution.

"You will not be able to get N Kosova, neither de facto, nor de jure, unless you are willing to trade Presheva Valley for it. "

I feel if they ever do this officially, as per mutual agreement and UNSC endorsement, it really will set a vicious precedent (not to say that what has happened now hasn't, look at Tibet). This is what I mean by thinking outside the box, I provided one example earlier, so did Mike, I think there are really many ways out of this that will ensure real stability rather than this black and white approach they have had up until now.

"And in present situation your whole country seem to be going down rather than up."

My country? I don't understand what you mean here.

"Albanians gave up their original demands and settled for EU supervision, limitations to their sovereignty and maximal rights for the Serbian minority, some of which (like veto powers in the Parliament) are insulting to say the least."

I can understand what you are saying here, though I am certain Serbia would have offered the same caliber of benefits to the Kosovo Albanians, had the negotiations gone further. I think this is not sufficient enough to ensure satisfaction to either side, you as an Albanian should know how much it means to be in your own country. This is why some de facto solution should be implemented within a de jure framework like is now.

"Now, if that is up for grabs, so would be Presheva Valley and many many other things."

Ah yes, the precedent discussion, the question is will it really begin if, for example, Presevo goes, or has it already began with Kosovo? It's really a subjective argument Adrian, look how now the UNSCR1244 is being interpreted by both sides. They use it to their own benefit, to suit their arguments, West say UNSC was violated by the Serbs with this court scenario, Serbs say it was violated when everyone recognized Kosovo individually. Who is right and who is wrong here, because at this stage of the game, I really cannot give an answer?

Matthew

pre 16 godina

Adrian,

You make some valid suggestions worthy of consideration, and I personally would trade Presevo for the North long before I’d agree to turn Kosovo into another Bosnia, as Mike and Peter suggest. However, it would be my hope to trade Presevo et all in exchange for some symbolic independence for our historic sites. Perhaps an agreement similar to what Italy signed with the Vatican.

Mike and Peter, you two above all here, have my greatest respect.

However, on the Bosnia model idea, I just have to disagree. That is clearly not a solution that can work in the long term, just look at Bosnia, its about to fall apart and there will most certainly be war there again if major hostilities break out in Europe sometime in the future. It didn’t work for Yugoslavia, its not working in Bosnia, why try it again in Kosovo.

“The reason cited often is that the Serbs do not want be under Albanian rule (village-bey, 19 March 2008 01:13)”

Village-Bey, I always look forward to your comments and your witty humor. However, its obvious we Serbs feel that we have been abused by Albanians in the past just as Albanians (rightly so) feel that they have been abused by the Serbian authorities. Both sides have equally legitimate reasons for not wanting to be ruled by the other side. The average Serb from Kosovo statistically is just as likely as the average Albanian to have suffered over the last decade. Per Capita the numbers are roughly the same.

Partition is the only solution. I only pray we all come to our senses and go back to the negotiating table. I’d rather not let the crazies do it at the point of a gun and drag the whole region down for another decade. Its going to be partition either way.

Europe as a WHOLE needs a new way of handling minority rights that can be applied across the board in every country there. Wilson’s vision of the Right to Self Determination was a wonderful step forward from the days of Empire, but that was a long long time ago and needs to be revised in order to accommodate a growing planet.

Besa

pre 16 godina

To conclude: I think it is time to go back to the negotiating table and restart serious talks, without a time limit, and let them realize themselves that without a mutual compromize that all we will have is another Israel/Palestine situation. Serbia and Kosovo will never see peace until they reach it themselves. Other countries have done it, so can you.
(Peter Sudyka, 18 March 2008 13:27)

-Well I don't agree Peter, sorry. Serbia is a stat and UN member therefore Serbia could "negotiate" for 100 years and it would accept Kosovos independence. Whereas what Kosovo needs is economic growth, wich it cannot get without a status.

Also you say that Serbia was pushed aside. Well Albanians were also pushed aside a while ago. Give us a break ok! We simply don't want to be part of Serbia.

all the best.

Canadian

pre 16 godina

Mr. Tadic why don't you just come out and Bow to the Albanians and show your true face so that real politicians in Serbia can get started on looking after Serbian interests. Mr. Tadic you are a BIG fake, I don't particularly like Mr. Nikolic but at least he is not a fake like you, with Nikolic you get what you see, unlike with you.

Matthew

pre 16 godina

Peter, partition would only be dangerous if forced upon the two sides. Any solution mutually agreed upon by both sides would be a positive precedent for how to handle issues in the future. I know from talking to moderate Serbs and Albanians here that its something the people could live with. Forced partition is just as dangerous as the UDI and only furthers the instability of the region. I hope to avoid a forced partition.

Mike,

I have a new baby, Noa Dusan (as well as my 2 year old, Vuk Danilo) and a new job where I’m working 70 hours a week. I read your posts everyday, but I’m just burnt out tired. My wife and kids hold Bosnian citizenship, so I do worry greatly about the future. I do plan to retire to the Balkans. As crazy as the region is sometimes, I’ve never felt more at home as I do in Serbian society. I learned so much about myself living in that society. BTW, where do you hang out in Belgrade? I hate to admit, I hung out at KST with all the rockers, even though I’m in my 30’s. I never really grew up….

Write me if you like, lazslow@hotmail.com, we generally go out there every year. I’d love to have a hladno pivo with you sometime.

village-bey

pre 16 godina

Peter, Mike,
A couple of points here,
You standpoints although well intended derive from the presumption of denying Kosova’s sovereignty. You predictably still assume that Kosova is still under Serbian jurisdiction and for that, you state UN’s perceived bias towards Serbia as a well-established state.
Surely, you cannot use that one again. Legally there both argument of opposing and supporting Kosova’s independence but you both must admit that we have moved on since February the 17th. Kosovars leadership upheld the 1244 resolution on their declaration of independence and strongly believed that its declaration is still within the spirit of that agreement. Nevertheless, that’s beside the point. Your argument is a bit misplaced here. Kosova is now an independent sovereignty de facto and sufficiently de jure.
You rightly argue for the need of an agreement and surely, that is the way forward. Albanians are not interested in dictating to Serbian people of Kosova, but and this a major but, the negotiations does need to go through Belgrade no more.
Belgrade has burned all the bridges with Prishtina and there is no reason for the Kosovar leadership to go out of their way to appear friendly to a belligerent feverish neighbour. I too think that maybe Belgrade is not ready to let go the nationalistic fever that so much enjoys and although disturbing that it is only an internal matter for Serbia.
On the other hand, Kosova has a firm promise of institutional democracy. It has received an EU law mission guaranteeing the establishment of a liberal state with all the trimmings. As such, agreements for specific different issues could be based some kind of a civil arrangement.
That brings us to north Mitrovica. Mike sees only two options and to recap they are either federalisation or enforcement. Now both your approaches change immediately. You look at Prishtina for concession as the legal and responsible power to make athe first move. Despite this structural bias, you both do not give real reasons why a confederation is needed to pacify the Serbs.
The reason cited often is that the Serbs do not want be under Albanian rule and that might only mean symbolic rule as we all know that Serbs will not be ruled by anyone but themselves. If that is the real reason then there is no real hope for no one in this world. Albanian are under Serbian rule as there ethnic Greek under Albanian jurisdiction, as there 1000 other nationalities under different jurisdictions and vice versa. If the argument is that UMP will stir up trouble in the north and the Serbs might yet again throw in the odd grenade, I say no one in this world can legislate for bad behaviour.
The whole point should be and I hope you both agree that any aggrieved party should be constitutionally protected against discrimination and the new state has given enough assurances about that.

village-bey

pre 16 godina

Mathew my friend,
Congrats for the new baby I hope u are better than me at this nappy changing business. I did reply to you with a long post and I am still waiting for it to see the light of day. I too agree with Mike that we do not see enough of you nowadays.

Thank you for the reply Mike,
Although that might seem fairly reasonable right now I do not think that the current state of unrest would be reflective of overall relations in Kosova. Neither can this state of unrest be sustained for much longer. Your analysis is wholly built on a permanent state of civil disobedience but Belgrade is running out of options fast. Allow me to be cynical here and say that Prishtina doesn’t have to do anything in regard to the north. International community has undertaken a firm commitment on a viable and a united Kosovar state and I believe that should be sufficient for any state let alone little tiny Kosova.
This unrest was expected and authorities were highly prepared for it.
Time is on the side of the new state. More time passes easier will become for the Prishtina to establish some kind of loose authority over north and let’s face it no country in the world has complete authority over whole section of populations. Many European Muslims for example pledge alliances to the Islamic notion of Ummah rather than to the state that they live in. I can personally see something similar to that happening in north of Ibar where different layers of loyalty can overlap quite easily. It doesn’t have to be constitutionally recognized but full allowances made in law to accommodate it. You do not have to take an oath to flag and country to be a law abiding citizen. Time for violence has passed and there are no real justifications for it.

Adrian Gashi

pre 16 godina

"And in present situation your whole country seem to be going down rather than up."
"My country? I don't understand what you mean here."

I meant Serbia, Peter, not Poland.


Re. Tibet. I never bought into this "conflict precedent" line of thinking. It's a shallow argument. The way I see it, every conflict is local (we're not talking about world wars here) and it's totally up to each actor in any given conflict - small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it. And each conflict, anywhere in the world, will at the end of the day be decided by the local actors, not by some event happening thousands of miles away. But, this is nothing new in this world of ours, it's always been like that.
Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic? And if not, all hell will break loose everywhere else? Sorry, but I don't buy that.
The riots in Tibet have different actors, with different reasons, history, interests, strength and will naturally have different outcome. It has nothing to do with Kosova. No matter how much I sympathize with people of Tibet, I doubt they will be able to have a state unless it is given to them by China. Simply, that is the state of the affairs there.
Same in other conflicts, from Palestine, Basque, Quebec etc. etc. This point was even highlighted today by Canada's FM.
Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent. In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise.

Peter Sudyka

pre 16 godina

Adrian Gashi

"Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic?"

No Adrian, Kosovo is not the only such situation, it is also not the only world-renowned solution, but it exists as one of the major such examples worldwide today.

Remember, as a Pole I say this, even whose direct family suffered due to Stalinist terror in the 1940'a - 1950's.

"small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it."

Are the average Kosovar, have you suffered more important than the average Tibetans?

"Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent. In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise."

Yes, but has this changed Cyprus's opinion towards the matter? Evidently not!

roko

pre 16 godina

Last week, Kosovo was a "artificial subject" for Mr. Tadic, now he detected a "legal vacuum" there. The president of Serbia sounds like a space man to me.

Concerning the protest of Mr. Jeremic: Does he really think, Russia will ever defend the provocation of (so-called) Serbian "justice workers" on an international level?

Why did Mr. Tadic let these people in K-Mitrovica cross the red line? Why does Mr. Jeremic defend these kind of people?

What a nation (including Russia) could support such nationalistic provocations on an international level?

Adrian Gashi

pre 16 godina

"Yes, but has this changed Cyprus's opinion towards the matter? Evidently not!"

Of course not. This only goes to show that Cyprus' pretensions that Kosova's status would somehow affect or be a precedent for Cyprus were bogus and that their objections were due to religious or strategic alliance with Serbia. Which everybody knew that was the case, and it would have been honest if they had said that, rather than play the victim.


"Are the average Kosovar, have you suffered more important than the average Tibetans?"

Peter, I don't like to assign a hierarchy of importance to the sufferings of different oppressed minorities. Any unbiased person that knows the history of Albanians under Milosevic, through hard facts not through propaganda, knows very well how much they have suffered. I can repeat a few numbers here, but I suspect it'll be pointless. After all it was the world media that labeled their expulsion as "an exodus of biblical proportions", and no amount of denying, twisting and revision of history can change that.
Tibetans have also suffered a lot under Chinese rule, and for a very long time, and now I fear they face extinction due to the great number of Chinese colonists being sent there to suffocate the local culture and people. My heart goes out for them.
I deeply respect the Tibetan people, their suffering and their struggle, as I respect the great Jewish suffering during the holocaust, or the Armenian during the Armenian genocide, or the Kurdish that with 20 million people spread out in 5 different countries clearly deserve a state of their own, as do the Palestinians and the Chechens. Believe me, I know of the Polish suffering too during the WWII, where you lost 6 million of your countrymen at the hands of the Nazis, and later at the hands of Stalin, I know because I have many Polish friends. I know also the Ukrainian suffering during the great famine, and that of many other nationalities at the infamous gulag.
But I don't take out a scale and say that we suffered more than you, or that my suffering is more important than yours, or that my people died more than your people therefore we deserve to sit higher on that morbid scale. I can't even fathom thinking along those lines, and I doubt that anyone whose heart has trembled with fear for his life will ever do that.

mika

pre 16 godina

Very touching indeed Mr. Tadić, you show a lot of courage to defend aspirations of the country you represent, aspirations which brought war and suffering for millions of people in Ex-YU, aspirations of domination with life’s and property of all Serbian neighbors, aspirations that remind us of dark middle age with no respect for human rights, aspirations of segregations and violations with all written and unwritten laws made by human or by God, aspirations that made entire democratic world to feel ashamed for not acting properly to stop such a Serbia in time before happening of Vukovar, Srebrenica, aspirations that left entire generations of ex common state without any security in whatever this word means, aspirations that made impassable gap between Serbia and all of her neighbors. It’s an Albanian saying that: ‘’When you get burned once from the hot milk, you’ll be careful even with yogurt’’. We’ve been burned in every possible way Mr. Tadić, and there’s nothing in this world you can say, for us to start believing in your words. We made our choice, our roads are separated and we expect nothing good from you, maybe just a human act of returning the bones of 3000 missing Albanians. Like you, my dearest neighbors like to say: ‘’we will forgive, but we will never forget”, I can just add that we will not forgive and we will never forget.

Besa

pre 16 godina

To conclude: I think it is time to go back to the negotiating table and restart serious talks, without a time limit, and let them realize themselves that without a mutual compromize that all we will have is another Israel/Palestine situation. Serbia and Kosovo will never see peace until they reach it themselves. Other countries have done it, so can you.
(Peter Sudyka, 18 March 2008 13:27)

-Well I don't agree Peter, sorry. Serbia is a stat and UN member therefore Serbia could "negotiate" for 100 years and it would accept Kosovos independence. Whereas what Kosovo needs is economic growth, wich it cannot get without a status.

Also you say that Serbia was pushed aside. Well Albanians were also pushed aside a while ago. Give us a break ok! We simply don't want to be part of Serbia.

all the best.

roko

pre 16 godina

Last week, Kosovo was a "artificial subject" for Mr. Tadic, now he detected a "legal vacuum" there. The president of Serbia sounds like a space man to me.

Concerning the protest of Mr. Jeremic: Does he really think, Russia will ever defend the provocation of (so-called) Serbian "justice workers" on an international level?

Why did Mr. Tadic let these people in K-Mitrovica cross the red line? Why does Mr. Jeremic defend these kind of people?

What a nation (including Russia) could support such nationalistic provocations on an international level?

Adrian Gashi

pre 16 godina

Peter Sudyka: "The USA is wrong big time (once again) with the Kosovo issue, they should have continued to aid Europe and Russia in accommodating the two sides for as long as possible until they could reach some agreement."

But Peter, an agreement was impossible while Serbia offered even less than what Kosova had under the 1974 status. They didn't move from that position during the entire two years of the negotiations, despite the colorful names they gave to basically the same proposal. There was no indication they would move even in 10 or 100 years of negotiations.
The strategy of Serbia (and Russia by extension) was to stall the negotiations and prolong them indefinitively in hopes of inciting the revolt and riots of K-Albanians against UNMIK and the West, and damage both Albanians and the West. It was a game for them, not honest negotiations. Russia supported Ahtisaari up until the plan came up in the UNSC and then they changed their position. That is not honest negotiating either, rather than a cat and mouse game to show who has the biggest round ones.
I told the Serbian camp before and I will say it again: When Serbian Govt is serious about settling the issue, they'll know where to call. You will not be able to get N Kosova, neither de facto, nor de jure, unless you are willing to trade Presheva Valley for it. Kosova might not be able to get in the UN without BG approval, but neither you will be able to get in EU or get N Kosova without Prishtina's approval. And in present situation your whole country seem to be going down rather than up. Trading equally sized territories and populations, is only fair. In every negotiations there is give and take, not just take and take. Albanians gave up their original demands and settled for EU supervision, limitations to their sovereignty and maximal rights for the Serbian minority, some of which (like veto powers in the Parliament) are insulting to say the least. But they gave in knowing that the territorial integrity of Kosova would be preserved. Now, if that is up for grabs, so would be Presheva Valley and many many other things.

Peter Sudyka

pre 16 godina

Here's an idea. Kosovo allows Serbia to govern the Serbs North of the Ibar, but within the recognized borders of the Kosovo province/state. That way Serbia has de facto control over its citizens in the North, Kosovo has de jure control over the whole country, Serbia does not detract from controlling its citizens in the North of the country, Kosovo does not detract from its sovereignty.

Call it a de facto partion if you will, at least there would be a chance that both sides would accept this. Why should Serbs be forced to live in Kosovo, same way as why should Albanians be forced to live in Serbia? This would not be a recognized partion, this would only be de facto, and perhaps the only way peace could finally be achieved!

Problem solved perhaps?

Svabo

pre 16 godina

Yes Tadic. Lets take this to UN council and try to find a solution before it turns into another Palestine or Iraqi form of peace. What kind of Kosovoar peace is that going to be if they wind up living in constant prmanent fear that they and their children will get blown up while going to school or shopping in the market? No one wants that.


To the Kosovovars posting out here. We have to find a mutual agreement. You can't claim independence just because the US agrees with you and then go on an campaign insulting everyone that does not agree with you.

The important thing to remember here is that Serbia is a sovereign nation and has has to agree to your independence from her borders. So instead of brandishing your spiteful works, and insults and NATO backing weapons, why don't you try to create a peace committee and try to bring this to some negotiating table and try to negotiate a peaceful session.

Svabo, full blooded Serb!!!

Canadian

pre 16 godina

Mr. Tadic you have failed your people. Your Warnings ring hollow! The May elections will reflect this by a win for the Radicals, and this time not by a narrow margin but by a landslide victory. Shame on you for letting Serbia down!

Peter Sudyka

pre 16 godina

Tadic uses a very good expression that encompasses this Kosovo issue perfectly:

Legal Vacuum

This is precisely what this is. What the IC has achieved with the Kosovo issue is a mess, and a big one at that.

Both sides of the IC can be blamed: Russia-camp can be blamed for stubborness at the UNSC and USA-camp can be blamed for acting rashly outside of international law.

At one stage I viewed Russia's argument as far-fetched and paranoid, but what is happening now in Tibet and Turkey certainly confirms Russia's fears, somewhat justifying their paranoia to an extent.

The USA, on the other hand, claimed that a solution needed to be implemented as soon as possible, considering recognition of the UDI as the "least worst solution".

Is it really? Should there have been a time limit for the negotiations last year? Of course not! How can you put a time limit on such things? With a time limit in place, Kosovo and Serbia could just keep refusing each others arguments until December the 10th and then they would act on their own interests, hardly interested in each others' perspectives.

The USA is wrong big time (once again) with the Kosovo issue, they should have continued to aid Europe and Russia in accomodating the two sides for as long as possible until they could reach some agreement. What was the hurry? What was the urgency? A long-term solution needed and still needs to be found to ensure true stability in Kosovo, with recognition of the UDI the IC has shot itself in the foot and now is struggling to clean up this nasty mess.

Situations like the embassy burnings, the border post demolitions and now this courthouse scenario show that the IC has not applied a solution that will guarantee stability in the Balkans. Now of course if they would have left Kosovo as a Serbian province, probably what we would have is more KLA terrorist attacks and more 2004-style pogroms of Serbs.

People need to think out of the box here. Serbia was pushed aside and the only compensation is signing the SAA? How can anyone possibly expect them to just accept the USA's solution? It would have been different were there a UNSC resolution, but there isn't, it's illegal, it has no legal basis whatsoever and Kosovo still does not have sovereingty, because no law bounds it, the only legal document that confirms any sovereignty issue is the one given by the United Nations!

To conclude: I think it is time to go back to the negotiating table and restart serious talks, without a time limit, and let them realize themselves that without a mutual compromize that all we will have is another Israel/Palestine situation. Serbia and Kosovo will never see peace until they reach it themselves. Other countries have done it, so can you.

ZK UK

pre 16 godina

Also you say that Serbia was pushed aside. Well Albanians were also pushed aside a while ago. Give us a break ok! We simply don't want to be part of Serbia.
(Besa, 18 March 2008 14:54)
--
Then go and live in Albania. You have your own country you know?

If I don't like Britian, I'm not going to break a bit off and call it Serbia now, am I?

Peter Sudyka

pre 16 godina

Besa

Well how do you then propose stability in Kosovo and control over the North? Force? There is no other way than by negotiation, the fact that Kosovo is still a part of Serbia as per the UN, means that even if many more countries recognize and begin diplomatic ties with Kosovo, they can still claim ownership over Kosovo state assets (and they still have influence over it, which cannot change unless NATO exercises force, which would just throw the Balkans back into war). There must be some way to console both Serbia and Kosovo to ensure proper stability, otherwise, how do you see a future in the Balkans with things as they are? All people will be able to do is to liken Kosovo to the West Bank, Northern Kosovo to the Gaza Strip and Serbia to Israel.

I do not sit here and say that Kosovo needs to conform to Serbia's demands, I am saying they must find some other way together to reach some kind of agreement. I am almost certain it's possible.

smile

pre 16 godina

tadic's words are very moving. to the digestive system.
anyway, i passed him the ball in the first half so he can score. i didn’t know that i was passing to a guy who already has a job, is employed elsewhere and not by this country and was just doing errands when he ran for president, because i was a. stupid, and b. because he lied and mislead.
now in the second half, he'll suffer a polls injury that will end his playing, political, lying, conniving, career.
and i swear this is the last time i comment on tadic. that's over :)

Mike

pre 16 godina

Excellent posts Peter. I completely agree with you. The situation in Kosovo is getting worse by the day and it's pulling Serbia towards a direction no one wants, but no one seems to be stopping.

The term "legal vacuum" is an appropriate term since all sides claim to be upholding UN Resoltuon 1244, but each side clearly has their own agenda to push. What's more the upcoming elections in Serbia will be directly influenced by actions on the ground in Kosovo Province. The worse it gets, the stronger the SRS-DSS coalition gets.

That's why I think it is absolutely critical for the US and the EU to cut a deal with Serbia and Russia now over the legal loopholes of Kosovo. There are only two solutions to pacify the Serb regions: one is to give them RS status like Bosnia and make Kosovo a unified state with two regional governments: one Albanian based in Pristina, and one Serb based in Mitrovica. Each side governs their own day to day affairs, with the EU as executive director. This gives the Serbs parts the institutional legitimacy to handle their own affairs apart from Pristina, and relieves the major headache the Serb parts are presenting for Pristina. This avoids outright partition, but it builds the necessary political fence to facilitate the "good neighborly relations" Thaci wants.

The other solution is to just go in with guns blasting and completely crush the Serb movement in the north. Such a move will only serve to prove that Kosovo is anything but democratic or multiethnic. This will also give SRS a major boost at the polls, and the international community can take heart at being primarily resonsible for scuttling Serbia's democratic government.

Why is cutting a deal important? Because if a deal is worked out with Tadic and the DS, they can go into this upcoming election, claiming that they negotiated and solved the Kosovo question. The election can then move on to focus on more pressing matters of everyday concern in Serbia Proper. Of course DSS and SRS will want to push for all of Kosovo, but they will only look like hardline nationalists if a realistic deal to hold onto current Serb enclaves is reached. and let's be honest: Pristina and Prizren are gone. Mitrovica and Gracania can still be negotiated over.

Again, the longer northern Kosovo festers, the more likely it will guarantee an SRS win in May. Brussels and Washington should really take heart in working with Tadic who WANTS to get Serbia into the EU. Solve the Kosovo Question now, pacify the region, and we can all look beyond this. Ignore it, and the problem will only worsen.

dd

pre 16 godina

Mike,
Very good post-comment. Just you haven't considered one small thing - It's already decided what will happen in Balkans couple decades ago - this is just execution phase with fine tuning.
My point is - it's not up the Serbian and Kosovo's leaders to choose anything. They just need to listen and follow the instructions-rules or otherwise face consequences.
Same rule applies for sequence of events in Slovenia, Croatia, Bosnia and later Kosovo.
They will get what they want.Because the Serbs have more proud and still beleive that by being right they can achieve something - it will take more time for project execution. Everybody else listen and have less pride and sells everything for lower price - and don't blame them = they got something or they at least feel better.
The conclusion is: In todays world - don't count on truth, justice and pride and sooner you accept that you will make better deal -everything mentioned above is for sale. Welcome to democracy and capitalism.

dd

Peter Sudyka

pre 16 godina

Mike

"
The term "legal vacuum" is an appropriate term since all sides claim to be upholding UN Resoltuon 1244, but each side clearly has their own agenda to push."

I cannot put it any better, this is the root of all problems in Kosovo today.

"That's why I think it is absolutely critical for the US and the EU to cut a deal with Serbia and Russia now over the legal loopholes of Kosovo."

Me too, though unfortunately Serbia and Kosovo are too stuck to their guns to possibly consider moving from them, but I think I gave a viable alternative below. If not something like that, I am sure there is a way out!

"one is to give them RS status like Bosnia and make Kosovo a unified state with two regional governments: one Albanian based in Pristina, and one Serb based in Mitrovica. Each side governs their own day to day affairs, with the EU as executive director."

I like this as well, though then the Albanians in Macedonia and Serbia will demand the same (Presevo and Tetevo). On the other hand, why shouldn't they have it? They are the majority in these regions, let them have their de facto independence/de jure autonomy and we can have possible peace in the Balkans.

Adrian Gashi

"But Peter, an agreement was impossible while Serbia offered even less than what Kosova had under the 1974 status."

I know that, but also on the other hand, Kosovo demanded nothing short of independence. The two barriers set up by the two sides and the time limit as an anchor that from the start, prevented any real effort into the negotiations, let alone a consensus. Both sides should have been encouraged to sit and discuss until they got sick of it, until they realized they had to abandon their positions and finally realize they are discussing their own futures.

"The strategy of Serbia (and Russia by extension) was to stall the negotiations and prolong them indefinitively in hopes of inciting the revolt and riots of K-Albanians against UNMIK and the West, and damage both Albanians and the West."

Yes, but now we have the same situation, except with the Serbs not being happy with the decision. Which is the lesser of the two evils? Neither. One can also argue that the USA and EU only facilitated the discussions to try and appease Russia and Serbia in order to justify what many thought they would do already. It's a double-edged sword, but you are right with what you say. Still, what we have now is clearly not the best solution.

"You will not be able to get N Kosova, neither de facto, nor de jure, unless you are willing to trade Presheva Valley for it. "

I feel if they ever do this officially, as per mutual agreement and UNSC endorsement, it really will set a vicious precedent (not to say that what has happened now hasn't, look at Tibet). This is what I mean by thinking outside the box, I provided one example earlier, so did Mike, I think there are really many ways out of this that will ensure real stability rather than this black and white approach they have had up until now.

"And in present situation your whole country seem to be going down rather than up."

My country? I don't understand what you mean here.

"Albanians gave up their original demands and settled for EU supervision, limitations to their sovereignty and maximal rights for the Serbian minority, some of which (like veto powers in the Parliament) are insulting to say the least."

I can understand what you are saying here, though I am certain Serbia would have offered the same caliber of benefits to the Kosovo Albanians, had the negotiations gone further. I think this is not sufficient enough to ensure satisfaction to either side, you as an Albanian should know how much it means to be in your own country. This is why some de facto solution should be implemented within a de jure framework like is now.

"Now, if that is up for grabs, so would be Presheva Valley and many many other things."

Ah yes, the precedent discussion, the question is will it really begin if, for example, Presevo goes, or has it already began with Kosovo? It's really a subjective argument Adrian, look how now the UNSCR1244 is being interpreted by both sides. They use it to their own benefit, to suit their arguments, West say UNSC was violated by the Serbs with this court scenario, Serbs say it was violated when everyone recognized Kosovo individually. Who is right and who is wrong here, because at this stage of the game, I really cannot give an answer?

Canadian

pre 16 godina

Mr. Tadic why don't you just come out and Bow to the Albanians and show your true face so that real politicians in Serbia can get started on looking after Serbian interests. Mr. Tadic you are a BIG fake, I don't particularly like Mr. Nikolic but at least he is not a fake like you, with Nikolic you get what you see, unlike with you.

Adrian Gashi

pre 16 godina

"And in present situation your whole country seem to be going down rather than up."
"My country? I don't understand what you mean here."

I meant Serbia, Peter, not Poland.


Re. Tibet. I never bought into this "conflict precedent" line of thinking. It's a shallow argument. The way I see it, every conflict is local (we're not talking about world wars here) and it's totally up to each actor in any given conflict - small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it. And each conflict, anywhere in the world, will at the end of the day be decided by the local actors, not by some event happening thousands of miles away. But, this is nothing new in this world of ours, it's always been like that.
Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic? And if not, all hell will break loose everywhere else? Sorry, but I don't buy that.
The riots in Tibet have different actors, with different reasons, history, interests, strength and will naturally have different outcome. It has nothing to do with Kosova. No matter how much I sympathize with people of Tibet, I doubt they will be able to have a state unless it is given to them by China. Simply, that is the state of the affairs there.
Same in other conflicts, from Palestine, Basque, Quebec etc. etc. This point was even highlighted today by Canada's FM.
Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent. In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise.

Peter Sudyka

pre 16 godina

Adrian Gashi

"Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic?"

No Adrian, Kosovo is not the only such situation, it is also not the only world-renowned solution, but it exists as one of the major such examples worldwide today.

Remember, as a Pole I say this, even whose direct family suffered due to Stalinist terror in the 1940'a - 1950's.

"small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it."

Are the average Kosovar, have you suffered more important than the average Tibetans?

"Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent. In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise."

Yes, but has this changed Cyprus's opinion towards the matter? Evidently not!

village-bey

pre 16 godina

Peter, Mike,
A couple of points here,
You standpoints although well intended derive from the presumption of denying Kosova’s sovereignty. You predictably still assume that Kosova is still under Serbian jurisdiction and for that, you state UN’s perceived bias towards Serbia as a well-established state.
Surely, you cannot use that one again. Legally there both argument of opposing and supporting Kosova’s independence but you both must admit that we have moved on since February the 17th. Kosovars leadership upheld the 1244 resolution on their declaration of independence and strongly believed that its declaration is still within the spirit of that agreement. Nevertheless, that’s beside the point. Your argument is a bit misplaced here. Kosova is now an independent sovereignty de facto and sufficiently de jure.
You rightly argue for the need of an agreement and surely, that is the way forward. Albanians are not interested in dictating to Serbian people of Kosova, but and this a major but, the negotiations does need to go through Belgrade no more.
Belgrade has burned all the bridges with Prishtina and there is no reason for the Kosovar leadership to go out of their way to appear friendly to a belligerent feverish neighbour. I too think that maybe Belgrade is not ready to let go the nationalistic fever that so much enjoys and although disturbing that it is only an internal matter for Serbia.
On the other hand, Kosova has a firm promise of institutional democracy. It has received an EU law mission guaranteeing the establishment of a liberal state with all the trimmings. As such, agreements for specific different issues could be based some kind of a civil arrangement.
That brings us to north Mitrovica. Mike sees only two options and to recap they are either federalisation or enforcement. Now both your approaches change immediately. You look at Prishtina for concession as the legal and responsible power to make athe first move. Despite this structural bias, you both do not give real reasons why a confederation is needed to pacify the Serbs.
The reason cited often is that the Serbs do not want be under Albanian rule and that might only mean symbolic rule as we all know that Serbs will not be ruled by anyone but themselves. If that is the real reason then there is no real hope for no one in this world. Albanian are under Serbian rule as there ethnic Greek under Albanian jurisdiction, as there 1000 other nationalities under different jurisdictions and vice versa. If the argument is that UMP will stir up trouble in the north and the Serbs might yet again throw in the odd grenade, I say no one in this world can legislate for bad behaviour.
The whole point should be and I hope you both agree that any aggrieved party should be constitutionally protected against discrimination and the new state has given enough assurances about that.

Matthew

pre 16 godina

Adrian,

You make some valid suggestions worthy of consideration, and I personally would trade Presevo for the North long before I’d agree to turn Kosovo into another Bosnia, as Mike and Peter suggest. However, it would be my hope to trade Presevo et all in exchange for some symbolic independence for our historic sites. Perhaps an agreement similar to what Italy signed with the Vatican.

Mike and Peter, you two above all here, have my greatest respect.

However, on the Bosnia model idea, I just have to disagree. That is clearly not a solution that can work in the long term, just look at Bosnia, its about to fall apart and there will most certainly be war there again if major hostilities break out in Europe sometime in the future. It didn’t work for Yugoslavia, its not working in Bosnia, why try it again in Kosovo.

“The reason cited often is that the Serbs do not want be under Albanian rule (village-bey, 19 March 2008 01:13)”

Village-Bey, I always look forward to your comments and your witty humor. However, its obvious we Serbs feel that we have been abused by Albanians in the past just as Albanians (rightly so) feel that they have been abused by the Serbian authorities. Both sides have equally legitimate reasons for not wanting to be ruled by the other side. The average Serb from Kosovo statistically is just as likely as the average Albanian to have suffered over the last decade. Per Capita the numbers are roughly the same.

Partition is the only solution. I only pray we all come to our senses and go back to the negotiating table. I’d rather not let the crazies do it at the point of a gun and drag the whole region down for another decade. Its going to be partition either way.

Europe as a WHOLE needs a new way of handling minority rights that can be applied across the board in every country there. Wilson’s vision of the Right to Self Determination was a wonderful step forward from the days of Empire, but that was a long long time ago and needs to be revised in order to accommodate a growing planet.

Adrian Gashi

pre 16 godina

"Yes, but has this changed Cyprus's opinion towards the matter? Evidently not!"

Of course not. This only goes to show that Cyprus' pretensions that Kosova's status would somehow affect or be a precedent for Cyprus were bogus and that their objections were due to religious or strategic alliance with Serbia. Which everybody knew that was the case, and it would have been honest if they had said that, rather than play the victim.


"Are the average Kosovar, have you suffered more important than the average Tibetans?"

Peter, I don't like to assign a hierarchy of importance to the sufferings of different oppressed minorities. Any unbiased person that knows the history of Albanians under Milosevic, through hard facts not through propaganda, knows very well how much they have suffered. I can repeat a few numbers here, but I suspect it'll be pointless. After all it was the world media that labeled their expulsion as "an exodus of biblical proportions", and no amount of denying, twisting and revision of history can change that.
Tibetans have also suffered a lot under Chinese rule, and for a very long time, and now I fear they face extinction due to the great number of Chinese colonists being sent there to suffocate the local culture and people. My heart goes out for them.
I deeply respect the Tibetan people, their suffering and their struggle, as I respect the great Jewish suffering during the holocaust, or the Armenian during the Armenian genocide, or the Kurdish that with 20 million people spread out in 5 different countries clearly deserve a state of their own, as do the Palestinians and the Chechens. Believe me, I know of the Polish suffering too during the WWII, where you lost 6 million of your countrymen at the hands of the Nazis, and later at the hands of Stalin, I know because I have many Polish friends. I know also the Ukrainian suffering during the great famine, and that of many other nationalities at the infamous gulag.
But I don't take out a scale and say that we suffered more than you, or that my suffering is more important than yours, or that my people died more than your people therefore we deserve to sit higher on that morbid scale. I can't even fathom thinking along those lines, and I doubt that anyone whose heart has trembled with fear for his life will ever do that.

Mike

pre 16 godina

"My point is - it's not up the Serbian and Kosovo's leaders to choose anything. They just need to listen and follow the instructions-rules or otherwise face consequences."

You may be right on this, dd. and it seems that Brussels is calling the shots for the whole of Kosovo over the last few weeks. They seem to be siding with the Albanians over the Serbs, but what is apparent is a determined effort to assert control over all of Kosovo. The trouble is that Mitrovica is becoming the predicted flashpoint and as long as it burns, there will never be the sought after peace in the region everyone wants.

Village-bey, again great thoughts and my responses to you coincide with dd's. You raise a good point: why should Pristina negotiate with Belgrade? Belgrade is, in your eyes, old news. I'm afraid I have to disagree with you. Kosovo's de facto and de jure independence is still not extended to the north. Yes the Serb enclaves are quiet, but that's more due to demographic minorities than any sense of cooperation (in other words, were Gracanica larger, you'd see the same unrest). By not negotiating we run the risk of ongoing conflicts that will only continue to destabilize the region. You also assume 1244 works only in your favor, but as we've seen over the last two weeks, 1244 has been so loosely interpreted, it is being used as a basis of legitimacy for both sides. Therefore, as far as the Serb districts are concerned, I see no other option but to return to the negotiating table.

You didn't provide any alternative solution to my two scenarios (negotiation or crackdown), but you did ask why Pristina should be conciliatory towards Belgrade. First, I think the negotiations should be between Belgrade and Brussels. As far as the north is concerned, Pristina is in my opinion a peripheral player. As I've said many times, Thaci has about as much control over North Mitrovica and Kostunica has over Pristina. The EU is the one calling the shots. Any attempts at implementing authority in the north will only result in more violence. Therefore, it's incredibly prudent to see where the battle lines have been drawn and erect a wall. Even if that wall is an internal administrative line, it gives the Serbs a more tangible understanding that while they may have to work with the EU, they do not, and should not take orders from Pristina.

Kosovo is going to continue to dominate the Serbian political scene until it is solved one way or the other. It's symbolic importance in the Serbian psyche cannot be overestimated as I'm sure you know, so why force them to live under an unwanted government, when one of the primary reasons for your independence was that very same rationale towards Belgrade? I think this is the weakest point of your reply in that you surmise Serbs will be protected under Kosovo's new institutions. You may think that, but the Serbs don't, in the same way Belgrade could have told you until they were blue in the face that Albanians would have enjoyed the widest form of political and regional autonomy in the world were they to remain in Serbia. If you never believed them, why should Serbs think differently?

Adrian, your suggestion of a land swap sounds rational, but I doubt the EU is going to go for it. Moreover, negotiating over northen Kosovo implies that Pristina has the authority to bargain with it, which as I replied to Village-bey, it doesn't. What we should consider, and here I agree with Peter and Matthew, is that if we're going to try to put out the fires in Kosovo, we should extend retardant to other potential areas namely Presevo and Macedonia. If K Serbs are given institutional protections in Kosovo, we should consider the same for Albanians in Presevo.

In any event, it was good to have a rational debate here, and Matthew, you're on this site far too infrequently. We need more input from you. I'm off to work. Let's hope the rest of the week is calm and stable.

Peter Sudyka

pre 16 godina

First off Adrian, I would like to apologize for my somewhat incoherent last reply to you, unfortunately I had consumed too much last night and what I wrote was probably somewhat of a lesser caliber than that of what I had written earlier.

Let me try again, hehe.

"
Re. Tibet. I never bought into this "conflict precedent" line of thinking. It's a shallow argument. The way I see it, every conflict is local (we're not talking about world wars here) and it's totally up to each actor in any given conflict - small parties or superpowers - to interpret each event according to their interests at any given time, and decide what is a precedent and what not, and exactly how much importance to assign to it."

I agree with you that every situation has its own unique history, but I am under the impression that with Kosovo been given the opportunity to secede from Serbia with Western backing, other scenarios worldwide might step up the intensity of their demands, and later actions. You say Tibet is not related, but tell me, when was the last time we saw such an intense protest as we see now? Is it coincidence? Maybe, maybe not.

"Do you mean to tell me that Kosova is the center of this planet, that it is THE crucial point of the globe, the Achilles heel, that if we somehow fix it just right, it will automatically fix all the other conflicts in the world as if by magic?"

Well no, but I think that it's not the size of the situation that counts, it's the principle, the Kurds, Ossetians, Abkhazians, Tibetians, Palestinians and Chechens have all fought brutal wars and we essentially put down or left to de facto secede, all at the cost of thousands, if not hundreds of thousand of people, these situations are extremely fragile at the moment as they are, what people worry about is that Kosovo will add fuel to the fire, as it were.

"Cyprus was making a lot of noise, of how Kosova was going to be a precedent there. But after a change in leadership, it now seems that the island is going towards reunification and not division. Again not a precedent."

I think Cyprus is more inclined towards their position out of respect for Serbia's territorial integrity rather than fear of precedent. Wasn't it their new president who said this a while back?

"In fact, this first month of Kosova's independence showed exactly that Kosova was not a precedent for anything or anyone, nothing happened to follow this "precedent" despite being advertised otherwise."

That's relative if you ask me, Tibet might be seen as precisely the sort of precedent Russia was talking about, I suppose it's up to interpretation. Also, let's see how things develop in the Caucasus and the Middle East over the coming months, it is still early, I would say.

village-bey

"You predictably still assume that Kosova is still under Serbian jurisdiction and for that, you state UN’s perceived bias towards Serbia as a well-established state."

Not at all, it is just that according to the UN (the authority in terms of sovereignty), Kosovo is still not a recognized, sovereign state, considering how the topic of legality is forever used by both sides here.

"Your argument is a bit misplaced here. Kosova is now an independent sovereignty de facto and sufficiently de jure. "

That's still relative, indeed a lot of major powers have recognized Kosovo, but I disagree that it is sufficiently de jure. A country is either de jure or de facto, at least as far as sovereignty is concerned.

"Belgrade has burned all the bridges with Prishtina and there is no reason for the Kosovar leadership to go out of their way to appear friendly to a belligerent feverish neighbour."

One cannot blame them, a de facto, unrecognized Kosovo would act the same way towards Serbia had the major powers not recognized them. It is in their interest to maintain a positive stance towards Serbia, not so much the other way around, I think.

"Now both your approaches change immediately."

How?

"You look at Prishtina for concession as the legal and responsible power to make athe first move. Despite this structural bias, you both do not give real reasons why a confederation is needed to pacify the Serbs."

I think we don't need to give a reason to pacify the Serbs, look what has been happening the past few weeks. Not only that, but things will always be on edge, like they are between Israel and Palestine (though indeed with less violence), unless another creative solution is implemented and enforced.

"If that is the real reason then there is no real hope for no one in this world. Albanian are under Serbian rule as there ethnic Greek under Albanian jurisdiction, as there 1000 other nationalities under different jurisdictions and vice versa."

So is Kosovo sui generis or is it like everywhere else?

"The whole point should be and I hope you both agree that any aggrieved party should be constitutionally protected against discrimination and the new state has given enough assurances about that."

I agree, but it is difficult to imagine that that will be enough for the Kosovo Serbs. Had Serbia offered the same to Kosovo during last year's negotiations, you think they would have accepted autonomy based on such offers?

"However, on the Bosnia model idea, I just have to disagree. That is clearly not a solution that can work in the long term, just look at Bosnia, its about to fall apart and there will most certainly be war there again if major hostilities break out in Europe sometime in the future. It didn’t work for Yugoslavia, its not working in Bosnia, why try it again in Kosovo.
"

It doesn't have to be exactly the same as Bosnia or Yugoslavia, some unique answer needs to be devised, but it is only possible with further negotiations, using Bosnia and Yugoslavia as examples of what to avoid and build on that. Besides, while Bosnia is under pressure now, it is largely because of Kosovo, who is to say it will really fall apart?

"Partition is the only solution. I only pray we all come to our senses and go back to the negotiating table. I’d rather not let the crazies do it at the point of a gun and drag the whole region down for another decade. Its going to be partition either way. "

If partition was legally introduced, then we can forget about peace and stability in the Balkans, hence my example earlier with regards to an idea of how to handle the current situation there.

Matthew

pre 16 godina

Peter, partition would only be dangerous if forced upon the two sides. Any solution mutually agreed upon by both sides would be a positive precedent for how to handle issues in the future. I know from talking to moderate Serbs and Albanians here that its something the people could live with. Forced partition is just as dangerous as the UDI and only furthers the instability of the region. I hope to avoid a forced partition.

Mike,

I have a new baby, Noa Dusan (as well as my 2 year old, Vuk Danilo) and a new job where I’m working 70 hours a week. I read your posts everyday, but I’m just burnt out tired. My wife and kids hold Bosnian citizenship, so I do worry greatly about the future. I do plan to retire to the Balkans. As crazy as the region is sometimes, I’ve never felt more at home as I do in Serbian society. I learned so much about myself living in that society. BTW, where do you hang out in Belgrade? I hate to admit, I hung out at KST with all the rockers, even though I’m in my 30’s. I never really grew up….

Write me if you like, lazslow@hotmail.com, we generally go out there every year. I’d love to have a hladno pivo with you sometime.

village-bey

pre 16 godina

Mathew my friend,
Congrats for the new baby I hope u are better than me at this nappy changing business. I did reply to you with a long post and I am still waiting for it to see the light of day. I too agree with Mike that we do not see enough of you nowadays.

Thank you for the reply Mike,
Although that might seem fairly reasonable right now I do not think that the current state of unrest would be reflective of overall relations in Kosova. Neither can this state of unrest be sustained for much longer. Your analysis is wholly built on a permanent state of civil disobedience but Belgrade is running out of options fast. Allow me to be cynical here and say that Prishtina doesn’t have to do anything in regard to the north. International community has undertaken a firm commitment on a viable and a united Kosovar state and I believe that should be sufficient for any state let alone little tiny Kosova.
This unrest was expected and authorities were highly prepared for it.
Time is on the side of the new state. More time passes easier will become for the Prishtina to establish some kind of loose authority over north and let’s face it no country in the world has complete authority over whole section of populations. Many European Muslims for example pledge alliances to the Islamic notion of Ummah rather than to the state that they live in. I can personally see something similar to that happening in north of Ibar where different layers of loyalty can overlap quite easily. It doesn’t have to be constitutionally recognized but full allowances made in law to accommodate it. You do not have to take an oath to flag and country to be a law abiding citizen. Time for violence has passed and there are no real justifications for it.