Case studies / Comment
Kosovo: From International Province to State?
07/03/2007 By María Avello
Since 1999, Kosovo has been in a highly complex legal situation. Security Council Resolution 1244 established an international protectorate in Serbian territory under UN auspices, a status to be reviewed at an undetermined point in the future.
The outbreak of violence in March 2004, which caused the destruction of many Serbian
homes and orthodox places of worship, and brought about many deaths, coaxed the international community to search for a definitive solution to the problem.
The Ahtisaari plan reflects the difficulty in reaching a negotiated compromise between
the two antagonists. The plan delineates the necessary elements for the creation of
an independent Belgrade state.
Pristine agrees with the proposition but Belgrade rejects it. Europe and the United States favour a gradual process towards Kosovo’s independence, while Russia will not accept a solution that contradicts Serbian wishes.
Given this situation, it is highly likely that it will be in the hands of the UN Security Council to provide a definitive solution.
The European Union substitution of the United Nations at the forefront of the international community in Kosovo should help its stabilisation; however, for this to happen, a firm and consensual resolution on Kosovo’s status is imperative.
The EU will have to convince Russia and Serbia to accept the core elements of the Ahtisaari plan. Upon it depends its credibility as a regional leader, as well as the future stability of its frontiers.
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Keywords
EU Minorities Protectorate Serbia UN Western BalkansRelated publications
- Can Democratic Elections Solve a Civil War? The case of Serbia and Kosovo
- The Kosovo Quandary: on the International management of statehood
Bio author: María Avello
Law Degree by the Oviedo University, M.A in Human Rights by Complutense University (Madrid) and M.A in European Law and Politics by the Institute of High European Studies (Strasbourg). At present, she works as international consultant in the area of institutional development, european law and human rights for the European Union and other international organizations.



