Preventing the Emergence of Self-Determination as a Norm of Secession: An Assessment of the Kosovo ‘Unique Case’ Argument

When Kosovo declared independence, in February 2008, it was stated that the move was not an act of self-determination. Instead, the key states that supported the decision insisted that the case for statehood arose from a unique set of circumstances. Kosovo was not a precedent; it was a sui generis case in international politics. This essay considers the arguments underpinning this claim to exclusivity and argues that, taken either individually or collectively, the main justifications used to support Kosovo's ‘unique’ statehood—such as the abuse of human rights—in fact have serious consequences for other separatist conflicts elsewhere.     

Kosovo and the Framing of Non-Secessionist Self-Government Claims in Romania

This contribution focuses on the consequences of the international controversy over Kosovo's unilateral declaration of independence (UDI) for domestic debates over sub-state territorial restructuring. The main argument is that, in the absence of a clear distinction in international politics between secessionist and non-secessionist claims, state elites employ ‘Kosovo’ effectively for invoking the spectre of secessionist violence even in consistently non-secessionist and non-violent settings, delegitimising all culturally framed claims for territorial restructuring. This strategy leads to radicalised group claims and increased democratic fragility. The Romanian case highlights the imperative to take seriously non-secessionist claims as a separate category of study and international norm-setting.     

Kosovo,Self-Determination and the International Order

Yugoslavia's wars provide a rich example of the range of challenges posed to international stability and fundamental principles of international relations since 1989. Within this context, Kosovo's independence has now become a cause celebre of the use of the principle of self-determination in state-creation. In addition, the case of Kosovo is an important development in the practice of humanitarian intervention and by implication the evolution of the concept of the Responsibility to Protect. To better understand the effects of Kosovar claims to self-determination on international order, a clearer understanding is required of the factors shaping that order and how self-determination (as it emerges from the road to Kosovo's independence) relates to those factors. The issue of ‘self-determination after Kosovo’, is placed here into both the context of Yugoslavia's collapse and a number of broader key features which could be said to have played a dominant role in shaping international order post-1989.     

The South Caucasus after Kosovo: Renewed Independence Hopes?

The recognition of Kosovo did not go unnoticed in other aspiring states, but did it necessarily lead to renewed hopes for independence? Drawing on interviews with key actors, this essay analyses its effect in Nagorno-Karabakh. It finds that separatist demands are shaped by a complex interplay of external and internal forces, including international norms and practices. This explains the rather surprising finding that the Karabakh leaders in response to the recognitions of Kosovo, Abkhazia and South Ossetia gave up on recognition, at least temporarily, and instead started championing non-recognition as an attractive, sustainable status.     

Resisting an Oppressive Regime: The Case of Kosovo Liberation Army

Although no war faction escapes controversy, it is often said that the Kosovo Liberation Army (KLA) is one of the most successful guerrilla movements in recent history. This article suggests that KLA's success can be attributed to the symbiosis between national and international legitimacy. The guerrilla's mission should be understood in the context of persistent oppression of the Kosovo Albanians by Serbian governments. Whilst failure of peaceful resistance enabled KLA's national legitimation, its tactics and strategy acted as a force multiplier for its recognition and success. KLA's resilience in the face of vicious Serbian suppression of Kosovo Albanians raised international awareness and prompted NATO's support, an act that contributed to guerrillas’ endorsement at the international level.     

Taiwan's Quest for Independence: Progress on the Margins for Recognition of Statehood

This article describes many substantive transformations in politics, national self-identification, and economy Taiwan has undergone over the last decade and offers an alternative approach to expediting de jure state status. The transformations speak to significant progress ‘on the margins’ for attaining international recognition. The disjuncture between liberal democracies clinging to an antiquated ‘One-China’ foreign policy approach and the realties of the situation is widening. An alternative avenue to state recognition acknowledges advancements on the margins that justify Taiwan's recognition by others. At the same time, however, Taiwan must hold self-proclamation in abeyance until the breadth of recognition it receives becomes an irresistible force with which the PRC must reckon. The recent transformations coupled with mainland China's growing force projection capability indicate the time is ripe and appropriate to recognize Taiwan's statehood. The United States would be remiss in its avowed commitment and leadership responsibilities for democratic enlargement by not recognizing Taiwan.     

Russia and the Secession of Kosovo: Power,Norms and the Failure of Multilateralism

Theoretical debates about multilateralism positively juxtapose it to unilateralism or bilateralism, because it is seen as a natural ideational fit with the growth of global governance. The major schism on the concept is between normativists who emphasise shared values and the realists' concerns with strategic interactions and power asymmetries. The Kosovo crisis beginning in 1999 could be seen as the first major crisis of multilateralism in the international system after the end of the Cold War. It was a crisis about the role and interests of a hegemonic USA and a weakened Russia. As a case, Kosovo demonstrates the paradoxes and limitations of multilateralism in the field of international security, when there are different types and levels of multilateralism interacting. The US and EU leaderships saw Kosovo as essentially a regional problem which could be manipulated to rejuvenate and enhance Western multilateral cooperation in NATO. This view found support among an upper echelon of officials in the UN, surrounding Secretary-General Kofi Annan, which favoured a multilateral intervention in Kosovo as proof of commitment to the developing norm of ‘right to protect’. Russia, however, saw its multilateral engagement over Kosovo as a strategic interaction to counterbalance and compensate for its weakness vis-à-vis NATO. The multilateral interactions by these three parties appear to have deepened mistrust as the process failed to resolve the final status of Kosovo, leading to its unilateral declaration of independence in 2008. The case demonstrates the importance of shared interests for successful multilateral interactions.     

The Notion of Kosovo as a Precedent and the Impact of the Hungarian Minority Issue on Slovakia's Policy towards Kosovo's Independence

This essay examines the importance of the Hungarian minority issue and the role of precedent in Slovakia's policy towards Kosovo. It shows that the Slovak view was not only a product of its issues with the Hungarian minority but also a response both to the activities of representatives of Hungary and of the ethnic Hungarian party in Slovakia, the SMK. On the basis of Brubaker's concept of ‘triadic nexus’ it explains relations between Slovakia and Hungary based on the minority issue. It also highlights the role of collective rights as presented in the Ahtisaari plan in 2007 and their perception by Slovak officials.     

The horror of ‘horrorism’: laundering metropolitan killings

Abstract

Modern colonialism carries many names. But ‘horror’ is not one of them. How and why is this? Why does the slaughter of the ‘native’, the ‘Indian’ and the ‘slave’ not register as crime or horror? This essay explores these questions though a close reading of philosopher Adriana Cavarero’s Horrorism: Naming Contemporary Violence. Horrorism has become an increasingly influential source for critical international scholarship concerned with broadening the frames of violence beyond those offered by strategic and legalistic lenses. Its focus on the dismemberment of the body and discovery of a new form of ontological violence offer a fruitful avenue of inquiry for theorising the wounding and violation wrought by practices of terror and counter-terror. This essay cautions against such a supposition. A close reading of the key claims and conditions of possibility of horrorism reveals it to be constituted through the erasure of colonial violence. Tracing the lineaments of this erasure shows that horrorism functions not as a sign of newness but of Western revanchism in a time of crisis. However, this does not make horrorism redundant, for it offers valuable insights for understanding the pervasive failure to consider the horrors perpetrated by the West against non-Western others.     

Discourse in Bosnia and Macedonia on the Independence of Kosovo: When and What is a Precedent?

Bosnia and Macedonia declared independence from Yugoslavia in 1991 and 1992, and subsequent referenda legitimised these declarations, but unitary state actors did not emerge. Rather, Bosnia and Macedonia each contain groups with divisive views regarding the nature of the state in which they live. Kosovo is regularly invoked as an example in their contentious discussions. In this essay, I present a framework for understanding this discursive contention in which Kosovo provides the focus for disputes between extremists and moderates of different groups. Within the two states, groups differ over the recognition of Kosovo's declaration of independence and the question of whether this might constitute a precedent. A political, rather than simply a legal, view on these discussions helps us to better understand not only these dynamics, but similar contestations unfolding elsewhere.     

Ethnonational identity,security and the implosion of Yugoslavia: the case of Montenegro and the relationship with Serbia

For 60 years, the international community has limited the right of territories to gain independence without the permission of the “parent state.” Such limits were, however, challenged when Kosovo unilaterally declared independence from Serbia, in February 2008. As a result, Belgrade referred the matter to the International Court of Justice (ICJ). On 22 July 2010, it came back with its long-awaited decision. Taking a narrow view of the question, the majority argued that, in general, declarations of independence, as mere statements, do not violate international law unless stated otherwise by the Security Council. Thus, Kosovo's declaration of independence cannot be considered as being wholly “unique” – as those states that supported its statehood have claimed. On the key questions of whether Kosovo's secession is legal, or if it is even a state, they chose to avoid controversy. On these points, the international community is no clearer now than it was before the case.     

War,Violence and the Making of the Stalinist State: A Tillyian Analysis

Abstract

Defining the state as ‘organised violence’, based on the emergence of the modern European national state system, Charles Tilly identified four essential war-driven, state-building activities: ‘war-making’; ‘state-making’; ‘protection’ of elite ‘clients’; and ‘extraction’ of resources. Drawing on Tilly's primary categories of analysis, this essay considers the ways in which war, or the threat of war, real or imagined, shaped the Soviet state, particularly in its Stalinist manifestation. This essay argues that Tilly's warfare-state paradigm, judiciously deployed, brings into high relief facets of Soviet state-making that few other paradigms do.     

Review

Abstract

What structured the fundamental nature of Indian security for the first 50 years of the country's independence? This article draws out four normative parameters that have been tempered and normalised during this period through India's international interaction along with her internal political developments. Using notions of ‘security identity’, the article unpacks these normative parameters in order to investigate holistically the interaction between both domestic and foreign influences in India's international relations. As such, the article finds a relative consistency to how security has been conceived of in India—displaying sustained threats to its territorial integrity, a continued democratic tradition, ongoing fears of communal violence plus an engrained desire for a greater global role. In turn, it has been the interface between internal and external factors that has structured, and continues to structure, Indian security.     

Compliance and non-compliance as sources of recognition: Slovakia and NATO

This article argues that there is a difference in what constitutes the sources of recognition prior to countries' membership in the Euro-Atlantic community represented by NATO and after countries become its members. While prior to membership, countries are recognized for their compliance with NATO standards and policies, upon membership countries get the opportunity to promote specific interests legitimately and may seek recognition via non-compliance with NATO mainstream.The paper explores this dynamic of recognition on the issue of Kosovo independence where Slovakia went from supporting NATO in its effort to protect civilians in Kosovo in the late 1990s to non-recognition of Kosovo in defiance of the majority of NATO member states less than a decade later. The crucial point proposed here is that there was a shift in how recognition by NATO worked prior to Slovakia's membership and upon membership in these frameworks. While prior to membership recognition was achieved by compliance and identification with NATO standpoints, policies and actions, upon membership, recognition is achieved by differentiation from these patterns. More generally, the study shows that NATO membership is a powerful source of conditionality in relation to future members and a powerful source of legitimacy in relation to current members' actions. While this has been discussed in the literature, the point here is that recognition in its various forms is an important driving force in these conditionality processes.     

Ending the impasse in Kosovo: partition,decentralization, or consociationalism?

This paper argues that current Western-backed approaches to conflict resolution in Kosovo have failed to alter Serbia's policy toward the region and have contributed to the exacerbation of political tensions between Belgrade and Brussels, while deepening ethnic cleavages between Serb and Albanian communities. While there is no possibility of Kosovo returning to Serbia's control, there is an equal unlikelihood that Serbian-populated regions of Kosovo, especially the north, will submit to Pristina's authority. Most importantly, there is little hope that Kosovo can gain full international recognition and membership in international organizations without a compromise settlement with Serbia. While territorial partition has long been a suggested option, I conclude that the best possible solution for Kosovo, given the positions of all parties involved, is a process of significant decentralization beyond the internationally supported measures in the Ahtisaari Plan. A model of consociational power sharing is one in which Serbian and Albanian municipalities are granted high levels of autonomy similar to arrangements made for Bosnia. While this solution may not be ideal and further weakens central authority, I argue that consociationalism reduces the problems of ethnic conflict, encourages local self-government, and preserves the overall territorial integrity of Kosovo.     

The Bifurcation of the Two Worlds: assessing the gap between internationals and locals in state-building processes

Studies increasingly highlight the limits of state building conducted ‘from the top-down’. Building on the literature and using a Rosenauian concept in a novel way, this article posits that international interventions create a ‘bifurcation of the two worlds’. Departing from a study of Kosovo and Timor-Leste, the article posits that the massive arrival of staff involved in international governance will create a social gap between the international and the local ‘worlds’, which will in turn become a target of narratives of resistance by local actors. This bifurcation is exemplified by the ‘white car syndrome’, a concept representing the horde of white UN vehicles accompanying major interventions and developed in this contribution. Thus, the article attempts to shed new light on the legitimacy crises that Kosovo and Timor-Leste experienced at the beginning of the current century, while demonstrating and increasing the linkages between development studies and peace studies.     

The quest for legitimacy in independent Kosovo: the unfulfilled promise of diversity and minority rights

When Kosovo declared its independence in 2008, it did so not as a nation-state, but as a “state of communities,” self-defining as multiethnic, diverse, and committed to extensive rights for minorities. In this paper, this choice is understood as a response to a dual legitimation problem. Kosovo experienced both an external legitimation challenge, regarding its contested statehood internationally, and an internal one, vis-à-vis its Serb minority. The focus on diversity and minority rights was expected to confer legitimacy on the state both externally and internally. International state-builders and the domestic political elite in post-conflict Kosovo both pursued this strategy. However, it inadvertently created an additional internal legitimation challenge, this time from within Kosovo’s majority Albanian population. This dynamic is illustrated by the opposition movement “Lëvizja Vetëvendosje” (Self-Determination Movement), which rejects the framing of Kosovo as first and foremost a multiethnic state. The movement’s counter-narrative represents an additional internal legitimation challenge to the new state. This paper thus finds that internationally endorsed “diversity management” through minority rights did not deliver as a panacea for the legitimacy dilemmas of the post-conflict polity. On the contrary, the “state of communities” continues to be contested by both majority and minority groups in Kosovo.     

A tale of two independence movements: how do citizens encounter issues of international law and democratic theory?

Foreign policy events, including secessionism and independence movements, become objectified for most citizens through media coverage. Accordingly, I look at the coverage of Kosovo’s and Scotland’s bids for independence in the two top national newspapers, The New York Times and The Washington Post. Scholarship in international law, democratic theory, and comparative politics might have valuable insights on independence processes, but it is the media frames inspired by these strands of theoretical literature that shape public opinion and/or reflect policy-makers’ preferences (and biases) in the foreign policy arena. I find that print media can engage in theoretically sophisticated coverage of secessionist movements, which often echoes scholarly insights derived from the relevant academic literature. The two European case studies show consistent application of tropes and frames that one would find in the academic publications on the subject. Yet these cases also illustrate profound differences in media framing not reducible to objective legal and political differences between the two events. US foreign policy considerations also appear to play a role in explaining variance in media frames.     

When Enlargement Meets Common Foreign and Security Policy: Serbia's Europeanisation,Visa Liberalisation and the Kosovo Policy

During the process of visa liberalisation Serbia made significant and unexpected adjustments in its Kosovo policy, which demonstrate the European Union's leverage. Serbia's compliance on Kosovo cannot be explained either by rational institutionalism, which accounts for domestic change based on cost–benefit calculations, or sociological institutionalism, which predicts domestic adaptation based on convergence of norms and identities. Applying discursive institutionalism, this empirical study of Serbia's Europeanisation identifies discursive denial as a strategy of the Serbian elite in pursuing costly policy implementation. It contributes a novel perspective on ‘shallow’ Europeanisation by highlighting a lack of discursive reinforcement of adopted rules.     

The EU's Response to the International Court of Justice's Judgment on Kosovo's Declaration of Independence

In this essay an evaluation of the content and determinants of the EU's response to the ICJ is provided. Two core questions are addressed: firstly, did the ICJ's judgment alter EU policy towards Kosovo and Serbia and, secondly, was EU policy towards Kosovo and Serbia effective? It is argued that the EU's response to the ICJ's judgment in 2010 has been consistent and effective, but that the underlying determinants of the policy have not changed since 2008. It is argued that the EU's response to the ICJ's judgment in 2010 has been consistent and effective and that the ICJ judgment has had a catalytic effect on the EU's influence over Serbia and the Serbia–Kosovo relationship. Overall, EU policy has been effective, despite being periodically ad hoc.