Kosovo
Kosovo in 2011
United States views on international law (based on the document “Digest of U.S. Practice in International Law”): The Security Council continued to meet in 2011 to consider reports on the United Nations Administration in Kosovo (“UNMIK”) and hear briefings by the Secretary-General’s Special Representative and head of UNMIK. Ambassador Rosemary A. DiCarlo, U.S. Deputy Permanent Representative to the United Nations, delivered a statement at the Security Council’s meeting on November 29, 2011, excerpted below, urging continued international cooperation in Kosovo through support for KFOR (NATO’s forces in Kosovo), EULEX (the EU’s Rule of Law Mission in Kosovo), and the EU-sponsored Dialogue, among other activities of the international community. The full text of the statement is available at (internet link) usun.state.gov/briefing/statements/2011/177855.htm.
Developments
… [T]he most recent Secretary General’s report on UNMIK highlights the challenges to long-term peace and security in Kosovo and the Balkan region. But the report also highlights the successes Kosovo and the region have made, including the September 2nd agreement by Belgrade and Pristina to recognize each other’s customs stamps, as well as ongoing cooperation on cultural heritage projects. Despite recent violence caused by the acts of a few extremists, the United States remains optimistic that Kosovo and Serbia can eventually resolve their differences, and that Kosovo will continue to develop the successful institutions of a democratic nation.
…[W]e echo the Secretary-General’s call for KFOR to continue its efforts to ensure freedom of movement throughout Kosovo. This Council has affirmed that Kosovo is a single customs space. This is fully in accordance with Security Council Resolution 1244 and was a key point in the Secretary General’s November 2008 report on UNMIK, a report that the Council welcomed in its presidential statement of November 26, 2008. Kosovo therefore has the right to control its borders and uphold rule of law in full cooperation with the international community. It cannot be considered unilateral action for Kosovo to enforce its customs controls. Moreover, Kosovo also coordinated its activities with the international community, including KFOR and EULEX.
… We call on all actors, including the Serbian government, to cooperate fully with KFOR and EULEX in the immediate removal of the remaining roadblocks, in ensuring proper controls at the borders, and in supporting rule of law through cooperation in the arrests of key criminal suspects. UNMIK can best facilitate these goals by clearly supporting the presence of Kosovo customs officials at the border gates and emphasizing that Kosovo is a single customs space.
We remain deeply concerned by the violence in northern Kosovo during recent months, including: the murder of a Kosovo Police officer on July 26th; attacks on nine KFOR soldiers on September 27th; injuries to 21 KFOR soldiers on November 23rd to 24th; and on November 25th injuries to over 25 KFOR officers, including two wounded by gunfire while attempting to remove roadblocks that obstruct freedom of movement. It is a serious matter that these incidents occurred while Serbian security structures remain illegally deployed in these areas. Members of this Council should be unequivocal in condemning the violence perpetrated against KFOR and in supporting the mission. Just as any attack on United Nations peacekeepers is unacceptable, so is any attack on KFOR. My government underscores that KFOR’s actions have been and continue to be in complete accordance with its mandate under United Nations Security Council Resolution 1244. We commend KFOR for using minimal force, in self-defense, to de-escalate the situation and we believe that Serbia’s request to the Secretary-General for a special investigation into the events of September 27th is unwarranted.
Details
My final point … is that the United States fully supports Ambassador Clint Williamson in his new role as lead prosecutor for the international Special Investigative Task Force. The taskforce will continue EULEX’s investigation into the allegations set forth in the report of the Council of Europe Special Rapporteur Dick Marty. EULEX’s mandate—as enshrined in Kosovo’s constitution and laws and the EU Joint Action—explicitly provides for EULEX to investigate and prosecute serious crimes, such as those alleged in the Marty report, and to do so independently. Further, neighboring states, including Serbia, have offered the task force their full cooperation. We believe there is, therefore, no need for the Council to interfere with EULEX’s ongoing investigations.
Serbia and Kosovo: Eu-facilitated Dialogue in 2013
United States views on international law [1] in relation to Serbia and Kosovo: Eu-facilitated Dialogue: In an April 19, 2013 press statement, Secretary Kerry congratulated Serbia and Kosovo on reaching agreement in the European Union-facilitated Dialogue led by EU High Representative Catherine Ashton.* The statement, available at (Secretary of State website) state.gov/secretary/remarks/2013/04/207782.htm, explains:
This agreement on principles for normalization of relations required compromise and political courage from both sides, and I applaud the governments of Kosovo and Serbia for making the hard decisions that will move them closer to their goals of European integration. I encourage both countries now to implement expeditiously and fully all Dialogue agreements reached to date, so that all of those living in Kosovo and Serbia can continue to build a more peaceful and prosperous future.
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The United States will remain deeply committed to seeing the people of Serbia, Kosovo, and the entire region realize their aspirations of integration into a Europe free, whole, and at peace.
Some Aspects of Serbia and Kosovo: Eu-facilitated Dialogue
On November 5, 2013, the State Department issued a press statement commending the Republic of Kosovo for elections held November 3rd. The press statement is available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/11/217213.htm, and includes the following:
We applaud the commitment of both the Governments of Kosovo and Serbia to encourage voter participation and enable the people of Kosovo to democratically choose their leaders. The successful conduct of these elections is an important aspect of the implementation of the EU-facilitated Dialogue agreement to normalize relations between Kosovo and Serbia. We urge all parties to ensure the next phase of the election process is conducted in a peaceful, free and fair manner.
Developments
On November 19, 2013, Ambassador Rosemary A. DiCarlo, Deputy U.S. Permanent Representative to the United Nations, delivered remarks at a Security Council Debate on UNMIK, in which she addressed the recent elections in Kosovo, the agreement on normalizing relations with Serbia, and progress on EU integration. Ambassador DiCarlo’s remarks are available at (link resource) usun.state.gov/briefing/statements/217752.htm and include the following:
First, the United States congratulates Kosovo, the OSCE, and all the individuals and organizations that contributed to the success of the November 3rd municipal elections and applauds Kosovo and Serbia for their efforts to encourage voter participation. …These elections have demonstrated that Kosovo is capable of conducting future elections that are consistent with international standards and its European aspirations. We now look forward to the peaceful conduct of the run-off polls on December 1st.
Details
Second, the United States supports the normalization of relations between Kosovo and Serbia, which is crucial for stability and reconciliation in the region. We are pleased by the progress both countries have made in the EUfacilitated dialogue. The municipal elections in Kosovo are just one, albeit highly vital, element of the April 19th agreement. We look to the Governments of Kosovo and Serbia to move forward with full implementation of all aspects of the April 19th agreement and all previous agreements, including integrated border management. We commend both governments for concluding additional agreements in recent weeks, particularly regarding telecommunications and energy. The Prime Ministers and EU High Representative Ashton deserve our praise and continued support for their efforts, and we also thank EULEX and NATO for their support for implementing the Dialogue agreements.
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Finally, Mr. President, the United States views the elections and the progress of the dialogue as positive steps on Kosovo and Serbia’s respective paths towards EU membership. We strongly support Serbia’s commitment to joining the European Union and, with full implementation of the April 19th agreement, look forward to the European Council’s vote on starting accession talks with Serbia. We also welcome the October 28th start of negotiations between the European Union and Kosovo on a Stabilization and Association Agreement. This milestone demonstrates the progress Kosovo has made both on internal reforms and towards normalization of relations with Serbia. So does Kosovo’s growing number of recognitions, which now represent a majority of UN Member States. The United States stands ready to support Kosovo’s efforts to implement the reforms necessary to achieve its Euro-Atlantic integration goals, including strengthening the rule of law and the fight against crime and corruption, the protection of minority rights, and the development of a strong market-based economy.
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* Editor’s note: The April agreement is called an “Agreement on Principles of Normalization,” and is often referred to as a “normalization” agreement. However, the April 2013 agreement does not require Serbia to recognize Kosovo as an independent state or to establish diplomatic relations.
Kosovo
In relation to the international law practice and Kosovo in this world legal Encyclopedia, please see the following section:
Foreign Relations
About this subject:
Alien Tort Claims Act and Torture Victim Protection Act
. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Kiobel v. Royal Dutch Petroleum
Resources
See Also
- International Conflict Resolution
- International Conflict Avoidance
- Peacekeeping
- Kosovo
Resources
Notes
- Serbia and Kosovo: Eu-facilitated Dialogue in the Digest of United States Practice in International Law
Hierarchical Display of Kosovo
Geography > Europe > Central and Eastern Europe
International Relations > International security > International issue > Kosovo question
Kosovo
Concept of Kosovo
See the dictionary definition of Kosovo.
Characteristics of Kosovo
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Resources
Translation of Kosovo
Thesaurus of Kosovo
Geography > Europe > Central and Eastern Europe > Kosovo
International Relations > International security > International issue > Kosovo question > Kosovo
See also
- Kosovo and Metohija
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