UN Rule of Law should serve to the Justice

Re: to James Ker-Lindsay. United Nations authority: after Kosovo

“There is a real danger, however, that such moves have come too late. …”

I really AGREE with this statement but the reference time and the way how it is handled are really wrong. Mr. Lindsay doesn’t treat the problem in its compl exity and furthermore doesn’t treat all western efforts to prevent such imposed solution.

The preventive UN politics, excited by western members to avoid genocide and humanitarian collapse in disrupting Yugoslavia had started years ago. Unfortunately, key members of the Security Council, backing Serbian politics of genocide, underground or openly, sabotaged efforts for a peaceful solution. The truth is that Yugoslavian wars never had a strong and effective response from UN.

The Declaration of Independence from Serbia wasn’t result of a prompt decision. As well it is not as a result of the disruption of FRY. It has a long story of genocide and aims for freedom where the closest reference date connected directly with actual situation is The London Conference of Great Powers in 1912 where forcibly from the territory of Albania where left out more than half of it.

The repair of the situation should take into account the JUSTICE. A law which doesn’t serve to the justice will be problematic, and this is valid for UN too. Serbia and it’s supporting countries had many possibilities to fix it’s problems on the matter but rather asking for a peaceful solution it chose to abandon this efforts.

Finally the Kosovo case is a closed issue. This is a good start for UN to adopt new laws which will not take into account the interest of great powers and their supporters. The  UN Rule of Law should serve to the Justice and not to the interest of any Power just because it is a power. Developed democracies started a Justice process which should converted in Law. This solution will avoid the genocide will attack again and will support the peaceful solution of many problems around the globe.

It is merely wrong to held western democratic society responsible for ineffectiveness of UN. There is no solution escaping from facing issues and Bosnian case is a good example.

Kosova Independence

 Serbian politics is trying to represent the conflict between Rep. of Kosova and Rep. of Serbia as a tribal conflict. The aim is to justify their strong opposition to the Kosova recognition under the ground that this recognition would be a precedent for other disputed regions. Kosova never is been REALLY part of Serbia. Under Socialist Federative Republic of Yugoslavia (SFRY) it had the status of autonomous and constitutive region. The SFRY does not exist anymore this is the reason why it can't be a such precedent. Furthermore the resolution 1244 refers to Federative republic of Yugoslavia and not to Serbia. If you see the story of Serbian Republic (parliament for example), you never will find any Kosovar representative neither before or today.

The idea to put Kosova and Serbia together is the craziest thing can be imagined. Any scenarios who consider Kosova under Serbian occupation mean a big trouble not only for Kosova and Serbia but for the whole region. Last one who didn't just thought but tried to realize that was Slobodan Milosevic. Everybody knows very well what consequences and outcome it had.

But in the other side, leaving Kosova alone without a status could have meant mean: I cite Tim Judah in "KOSOVO: What Everyone Needs to Know" ......to become a black hole, or perhaps one should say revert to being a black hole, as during the wars of the 1990s, then what will this mean? A free trade zone for organized crime, traffickers, terrorists, and so on, not to mention the possibility of a return to conflict... . This is one more reason why Democratic Society, specially EU countries should keep going to help Rep. of Kosova to advance it's status. It should make it a very important key of it's agenda. I don't believe that anything of important relevance can arise from any bilateral (Serb-Kosovar) irrational discussion. To Serbia should be very clear that the status of Kosova is "one way" road and nothing can reverse it.

Until now Kosova has the recognition from 62 countries and expecting very soon the recognition from 15 countries (some sources say can go up to 30 countries) who already have declared their decision. Serbia has realized only to slow down further recognitions but not to stop them. On the other side, countries who have recognized the independence of Rep. of Kosova represent 60% of UNSC, 81.5% of EU members, 85.7% of NATO members, 70.2% of Council of Europe etc... . So numbers have the importance given by the quality who rests behind those. I don't think that for the moment it is important the speed of new recognitions as long as they still going on. The most important thing for the Rep. of Kosova is to reinforce the state institutions and to realize standards for it's citizens and the country it want to be. Further recognitions should be not only as a political and legal influence but as well as a standards consequence.

Regarding to Serbian big painful efforts to stop the recognition, no one can tell them what to do or not. To me it's sound a big political waste because even if it thinks to get anything as compensation for Kosova recognition, let say kosovar territory in north of Iber or reconfigured borders, I don't think it can get anything from Kosovar part. If there is any option for border change (this is my personal opinion), the only option is joining Albania. Albanians are one people with two states and two governments. The truth is that two governments for 6 million people are a big weight to hold. I don't see any reason why one people should keep two states two governments and considering that both of them for a long time have payed the costs, one of a long time of communist self-isolation and the other one of a long time of occupation.

According to many sources, (anyone can find them easily), in Rep. of Kosova, the ethnic composition is as follows: 92% Albanians, 8% minorities (among them 5% Serbs). With this composition, any normal person can not find any justifiable reason why Kosova should be considered with the status of a multinational state and furthermore, missing the legal and national grounds, why to be forced to be with Serbia. If Serbs are really claiming Kosova, this can be an other argument to sustain that Mrs. Sabrina p. Ramet is definitely right with her study.

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