An independence of Kosovo was broken the Volkerrecht several times. Nevertheless, the separation is distinguished
The signs stand on storm in Kosovo. For eight and a half years after the Sudserbian province was made under UN administration, the conflict threatens around that "Amer" break open. On the 10th. December will reimburse the so-called Kosovo Troika (European Union, USA and Russia) to the UN Security Council and the Multinational Contact Group report on its mediation mission between Kosovo and the National Government in Belgrade – and admit its failure. This opens a follow-up conflict after the Balkan rates of the nineties in the field of possible (uncertainty in Kosovo). Especially since the provincial government in Pristina has announced a cleavage of Serbia by the end of the year (clear vote for an independent mafiastan).
At the end of November, the Chief of the UN Administration of Kosovo (UNMIK), Joachim Rucker, demanded a quick clarification of the art status. In no case can the Kosovo on the 11th. December "fall into a hole", said Rucker after his return from a Kosovo conference, which had been aligned by the Easter Rich Government in Baden near Vienna. The meeting to participate in the high-ranking representative from Serbia and Kosovo, made the well-known positions again clearly: Belgrade will no longer be more than the autonomy of the province of the province, Pristina will no less than the independence demand. The attempt to come to a diplomatic solution at the last minute is failed.
Conflict is prescribed
The negotiations involving the UN could enter the annals as a chronicle of a confidential war. At least the participants are aware of. NATO General Secretar Jaap de Hoop Scheffer Krandied during the conference in Austria without reason, the covenant becomes "Do not tolerate violence". The exercise was probably primarily addressed to the Serbian side. Because all NATO countries involved are a unilateral independence of Kosovo benevolent. The US has already begotten to recognize a Kosovar state.
Against this background, the representatives of the Troika on 3. December – a week before the presentation of your report in the New York Uno headquarters – travel to the region again to tailor the results to the two sides. At 19. December then the World Security Council will again advise the Kosovo. A change in Resolution 1244 from June 1999 will not take place. Because the United States accept a cleavage of the province, Russia defends the position of Serbia.
Moscow can call on the consensus previous. With Resolution 1244, not only the framework conditions for the UNMIK mission had been set, it also stated that Kosovo must remain part of the Serbian nation. Will be broken with this pramisse, not only the UN administration will be your mandate, but also the "Kosovo protection troupe" KFOR, at which 2800 German soldiers are involved.
Strictly speaking – that is called, as the applicable Volkerrecht – had to "Shelter" to arrest separatists in case of spin-off. In the medium term, the international militarprasence in a break of resolution 1244 were legitimized no longer legitimated. A dilemma that runs behind the scenes in these days behind the scenes.
Also in Berlin: In the sightseeing committee of the Bundestag, the topic has been treated repeatedly in recent weeks. The Federal Government remarkably avoided to position itself. It is considered an open secret that the leading EU states – including Germany – just wait for the recognition of an independent Kosovo by Washington to make this decision to own.
Only Greece, Cyprus and Slovakia show the US line critical. Athens prematured that in the case of a market-irreleviated cleavage of the province of Kosovo of Serbia, the Turkish Republic of Northern Cyprus could follow the example of Pristinas. This concerns share many, especially in the Caucasian room: Armenia is located in a conflict with the neighboring official Azerbaijan around the region Bergarabach and Georgia fears the definitive cleavage of Abkhazia.
Not only the Federal Government is clear that a recognition of Kosovo is not legitimitable to legitimize goods. Helpless effects the argument that the attractive of the Amselfeld is called Serbia only mentioned in the Praambel of UN Resolution 1244, and this is not legally binding. In addition, and this dilemma is currently involved in Berlin, the KSCE final file was injured, signed in Helsinki 1975 and which is binding until today. In it, Member States had explained their obligatory collection, "that their limits, (only) can be changed in accordance with the VolkerRecht, by peaceful means and by agreement". The question of border policy was further carried out at that time in its own paragraph:
In an internal advice in Berlin, the Special Representative for Security Policy in the Aerial Office, Eberhard Pohl, after the Kosovo conference in Austria, should explain the failure of Troika a few days ago. This ingress is at least in addition to daring the federal government openly pronounced.
Apparently, in Berlin, one searches feverish after a possibility to do Washington with his Balkan policy without having to admit the multiple break of Volkerrecht. At present, three Volker’s lawyers are commissioned by the Federal Government with a conference of the situation. You will not find a solution. Not only for Berlin is the time to position itself.
Iii. Inviolability of the boundaries
The participating States consider each other all their boundaries as well as the boundaries of all states in Europe as inviolable and are therefore no attack on these limits now and in the future.
Accordingly, they will also contain any requirement or action to be more apparent to part or the entire territory of any participating state.
IV. Territorial integrity of states
The participating states will pay attention to the territorial integrity of each participation state.
Accordingly, each with the objectives and principles of the United Nations’s objectives and principles of the Charter of the United Nations will contain incompatible action against the territorial integration, political independence or unity of each participating state, in particular any such action that represents an threat or use of violence.
The participating states will also take away from making the territory of each other subscriber state to the subject of a military occupation or other direct or indirect violence measures under infringement of marketing or the subject of appropriation by such measures or their threats. No such cast or appropriation will be recognized as justice.
From the KSCE Final Act of Helsinki