The ICJ decision that set Kosovo on the path to independence

A Kosovo Albanian boy with a traditional hat plays drum in downtown Pristina on February 17, 2020, on the day of 12th anniversary of Kosovo's declaration of independence. (AFP/File Photo)
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Updated 22 July 2020
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The ICJ decision that set Kosovo on the path to independence

  • Ten years ago on this day, the World Court delivered its advisory opinion on Kosovo’s independence declaration
  • The case of Serbia v Kosovo was the first the court had faced regarding a unilateral declaration of independence

ABU DHABI: On Wednesday, Kosovo marks the 10th anniversary of the landmark advisory opinion of The Hague-based International Court of Justice (ICJ) that the nation’s 2008 declaration of independence did not violate international law.

Kosovo’s riveting story, however, began a decade earlier. After politicians unsuccessfully waged a years-long peaceful struggle for greater autonomy or independence, the Kosovo Liberation Army launched an armed uprising against Serbian rule in the mainly Muslim Yugoslav province in March 1998.

This galvanized a disproportionate response from the Serb political establishment, which did not discriminate between ethnic Albanian Kosovar fighters and civilians, sending thousands of refugees into neighboring Albania and North Macedonia.

In response to the escalating violence by Yugoslav President Slobodan Milosevic’s forces, the North Atlantic Treaty Organization (NATO) began airstrikes on March 24, 1999, against Serbian military targets.

That 11-week campaign caused many civilian deaths and massive infrastructure destruction but was viewed as a just war by Kosovar Albanians and much of the global commentariat.

After Yugoslavia accepted a peace proposal in June 1999, Javier Solana, the NATO secretary-general, ordered an end to the bombings. The UN Security Council adopted Resolution 1244, creating the UN-NATO joint interim mission in Kosovo, or UNMIK. The cessation of violence brought hope to Kosovars at a time of great despair, paving the way for a new reality and prompting a return of refugees.

After nine years under UN control, Kosovo declared independence through its Assembly on Feb. 17, 2008. Rejecting the declaration as illegal, Serbia sought the ICJ’s validation of its stance. The case of Kosovo became the first the court faced regarding a unilateral declaration of independence.

The ICJ delivered its advisory opinion on July 22, 2010, following several rounds of public hearings and written statements, including a three-part statement by UN Secretary-General Ban Ki-moon.

Opinion

This section contains relevant reference points, placed in (Opinion field)

The ICJ concluded that “the adoption of declaration of independence of 17 February 2008 did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework adopted on behalf of UNMIK by the Special Representative of the Secretary-General,” and that “consequently the adoption of that declaration did not violate any applicable rule of international law.”

Although non-binding, the precedent-setting ICJ opinion provided key momentum to Kosovo’s foreign policy, resulting in 116 countries recognizing its independence over time.

The US, several EU member states and the Gulf countries recognized Kosovo’s independence early on. Saudi Arabia was among 35 states that submitted statements supporting Kosovo and later opened an embassy in Pristina. Russia, China and five EU member states, including Spain and Greece, do not recognize Kosovo.

Despite socio-economic setbacks and territorial disputes, Kosovo has made significant progress on the foreign-policy front. In 2013, Kosovo and Serbia entered into a dialogue under the Brussels Agreement, resulting in a series of negotiated settlements, including on border disputes, minority issues and car-license plates, among others. The ones implemented have improved lives on both sides.

While Kosovo is not a member of the UN or Interpol, it enjoys full membership of the European Bank for Reconstruction and Development, the International Monetary Fund and the World Bank, which celebrated its 20th anniversary in the country last year. Kosovo also concluded its year-long chairmanship of the South-East European Cooperation Process.

Despite its tumultuous history, Kosovo enjoys good relations and close cooperation with its first neighbors, North Macedonia, Albania and Montenegro, according to Lulzim Mjeku, Kosovo’s ambassador to the Kingdom of Saudi Arabia.

Domestically, Kosovo has responded well to major challenges such as structural and youth unemployment. With an annual economic growth of more than 4 percent, it has partly succeeded in meeting the young population’s growing demand for education and jobs.

INNUMBERS

Kosovo War

- 13,000 Kosovar Albanian civilians killed by Serb forces.

- 20,000 Women raped.

- 3,000 Persons who went missing.

- 1 million People who fled ethnic cleansing campaign.

- 40% Infrastructure of Kosovo destroyed.

The steady economic progress, however, has been impeded by the COVID-19 pandemic. New cases have risen significantly since the beginning of June, totaling more than 5,000 confirmed incidences and more than 100 reported deaths as of mid-July.

Kosovo’s parliament elected a new government in early June after Prime Minister Albin Kurti’s administration collapsed in late March following a no-confidence vote prompted by its mishandling of the pandemic.

The new prime minister, Avdullah Hoti, has promised to reach a deal on continuing the Brussels-backed dialogue with Serbia.

Over the past decade, Kosovo has made steady progress in relations with countries in the Middle East. Starting in August, Kosovo and Saudi Arabia will jointly implement an agreement on avoidance of double taxation. Last year, Kosovo welcomed some 8,000 Saudi tourists.

Aiding Kosovo’s fight against COVID-19, the Muslim World League has sent valuable humanitarian assistance. The Kosovo embassy in Riyadh was able to organize a repatriation flight for 183 of its nationals living in Saudi Arabia.

Although some analysts believe that Kosovo has not adequately used the international momentum created by the ICJ decision, the country has made steady progress on key areas, while facing significant work ahead, especially on full normalization of relations with Serbia.

More broadly, Kosovo has set bold objectives, including membership of the UN, EU and NATO, with renewed commitment to continue exercising a responsible foreign policy regionally and globally.

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Twitter: @eminaosmandzik


Greece to deport nine European nationals over pro-Palestinian protest

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Greece to deport nine European nationals over pro-Palestinian protest

\The protesters have denied any wrongdoing
The Greek protesters were released pending trial on May 28 but the nine foreign nationals remained in custody pending an administrative decision on their deportation

ATHENS: Nine protesters from Germany, Britain, France, Italy and Spain, arrested during a pro-Palestinian demonstration at the University of Athens School of Law last week are set to be deported from Greece, their lawyers said on Monday.
Police last week detained a total of 28 Greek and foreign protesters occupying the building, on charges including disrupting the operation of a public entity and assistance in damaging foreign property, according to court documents.
The protesters have denied any wrongdoing.
Evidence included leaflets, Palestinian flags, two smoke flares, gas masks, helmets, paint cans and banner poles, along with a statement uploaded on a website in Greek and English urging others to join the protest, according to the documents.
The Greek protesters were released pending trial on May 28 but the nine foreign nationals — one man and eight women, aged 22 to 33 — remained in custody pending an administrative decision on their deportation.
The foreigners’ lawyers said in a statement that deportation orders had been issued, which would prevent the defendants attending their own trial.
Lawyers Ioanna Sioupouli and Anny Paparoussou said that their clients who live and work in Greece planned to appeal.
Lawyer Vassilis Papadopoulos, representing a 33-year-old Spaniard, called the decision “arbitrary and illegal.”
Pro-Palestinian supporters have staged several protests in Greece since Israel’s war with Hamas began in Gaza in October.
Greece in 2019 scrapped legislation that prohibited police from entering universities, as the conservative government said it was used as a cover for lawlessness.
The Academic Sanctuary Law, a legacy of the crackdown on a 1973 student revolt by the military junta of the time, was designed to protect protesting students and freedom of ideas. Critics decried its abolition as a clampdown on democracy.

Nine protesters from Germany, Britain, France, Italy and Spain, arrested during a pro-Palestinian demonstration at the University of Athens School of Law last week are set to be deported from Greece, their lawyers said on Monday. (X/@YousefAlsweisi)

World Water Forum opens in Bali to address resource shortage, management 

Updated 17 min 57 sec ago
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World Water Forum opens in Bali to address resource shortage, management 

  • Saudi Environment Minister Abdulrahman Al-Fadhli leads Kingdom’s delegation in Bali
  • Saudi Arabia is set to host the next edition of World Water Forum in Riyadh in 2027

JAKARTA: The 10th World Water Forum, a gathering aimed at fostering international collaboration in global water management, opened on Indonesia’s island of Bali on Monday.

The World Water Forum will run until May 25, as hundreds of international participants join the conference to address global water and sanitation challenges. 

The 10th edition held under the theme “Water for Shared Prosperity” saw several heads of state and ministers in attendance, including Tajikistan Prime Minister Qohir Rasulzoda, Sri Lankan President Ranil Wickremesinghe, Fiji President Wiliame Katonivere, and Saudi Minister of Environment Water and Agriculture Abdulrahman Al-Fadhli. 

President Joko Widodo called attention to the “central role” of water for human civilizations as he opened the forum on Monday. 

“Water scarcity can also trigger war and become the source of disasters. Too much water or too little water both can turn into problems for the world,” Widodo said in his opening speech. 

“The 10th World Water Forum is very strategic to revitalize real collective action and commitment to realize an integrated management of water resources … Water isn’t merely a natural product, but a product of collaboration that unites us and therefore we must have collaborative efforts to preserve it.” 

Loic Fauchon, president of the World Water Council, also called for global action. 

“This 10th World Water Forum should mark the turning point towards concrete action,” he said. 

The World Water Forum is held every three years and organized by the World Water Council and a host country. 

This year, the multi-day event will also see Saudi Arabia participate in a special session focusing on its role as the next host of the international conference under the theme “Action for a Better Tomorrow.”

The Kingdom will host the 11th World Water Forum in 2027 in Riyadh. 


Pentagon vows to keep weapons moving to Ukraine as Kyiv faces a renewed assault by Russia

Updated 26 min 37 sec ago
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Pentagon vows to keep weapons moving to Ukraine as Kyiv faces a renewed assault by Russia

  • Defense Secretary Lloyd Austin is committing to keep US weapons moving to Ukraine as Kyiv faces one of its toughest moments against a renewed assault by Russia

WASHINGTON: Defense Secretary Lloyd Austin committed Monday to keeping US weapons moving to Ukraine as Kyiv faces one of its toughest moments against a renewed assault by Russia.
Austin and as many as 50 defense leaders from Europe and around the world were meeting Monday to coordinate more military aid to Ukraine, as Kyiv tries to hold off a Russian offensive in the northeast while launching its own massive assault on the Russia-occupied Crimean Peninsula.
“We’re meeting in a moment of challenge,” Austin said, noting that Russia’s new onslaught of Kharkiv showed why the continued commitment by the countries was vital to keep coming. Austin vowed to keep US weapons moving “week after week.”
The US announced no new aid packages Monday, even as Ukrainian forces continue to complain that weapons are just trickling into the country after being stalled for months due to congressional gridlock over funding. Pentagon officials have said that weapons pre-positioned in Europe began moving into Ukraine soon after the aid funding was approved.
It’s unclear how much of that has reached some of the front lines, where Russian troops have intensified their assault.
Russian President Vladimir Putin said on Friday during a visit to China that Moscow’s offensive in Ukraine’s northeastern Kharkiv region aims to create a buffer zone but that there are no plans to capture the city.
Ukrainian troops have been fighting to halt Russian advances in the Kharkiv region, while also increasing their offensive attacks in Crimea, including on military infrastructure sites on the Black Sea coast and in the Russian-occupied city of Sevastopol.
Ukraine has also struggled to get enough troops to the front lines, as the war drags on into its third year and fighting takes its toll. In an effort to increase troop numbers, President Volodymyr Zelensky signed two laws, allowing prisoners to join the army and increasing fines for draft dodgers fivefold. The controversial mobilization law goes into effect on Saturday.
In the three weeks since President Joe Biden signed the $95 billion foreign aid package, the US has sent $1.4 billion in weapons pulled from Pentagon stockpiles and announced it was providing $6 billion in funding through the Ukraine Security Assistance Initiative. USAI pays for longer-term contracts with the defense industry and means that the weapons could take many months or years to arrive.
In recent packages the US has agreed to send High Mobility Artillery Rocket Systems (HIMARS) and rockets for them, as well as munitions for Patriot and National Advanced Surface-to-Air Missile Systems, artillery, anti-aircraft and anti-tank munitions, and an array of armored vehicles, such as Bradley and Mine Resistant Ambush Protected vehicles.
The US is also providing additional coastal and riverine patrol boats, trailers, demolition munitions, high-speed anti-radiation missiles, protective gear, spare parts and other weapons and equipment.
The State Department has also approved a proposed emergency sale of High Mobility Artillery Rocket Systems (HIMARS) to Ukraine for an estimated $30 million. State said Ukraine has asked to buy three of the rocket systems, which would be funded by the government of Germany.
The US has now provided about $50.6 billion in military assistance to Ukraine since Russia invaded in February 2022.


Bollywood celebrities head to polls as India’s giant election reaches Mumbai

Updated 32 min 45 sec ago
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Bollywood celebrities head to polls as India’s giant election reaches Mumbai

NEW DELHI: A-list actors in India called on voters to cast their ballots on Monday, as the country’s massive general election reaches Bollywood capital Mumbai, entering its fifth phase. 

More than 968 million people are eligible to vote in India, as the world’s largest electoral exercise began on April 19 in a seven-phase election spread out over over six weeks, with ballots set to be counted on June 4. 

Voter numbers have slumped compared to previous polls, with the first four phases of the election held on April 19, April 26, May 7 and May 13 seeing a turnout of 66.95 percent, 66.7 percent, 65.7 percent and 69.1 percent, respectively. 

In India’s financial capital Mumbai, located in Maharashtra state, Bollywood stars were among the voters queuing since early morning to cast their ballots on Monday, as millions vote in the fifth phase of the election, where 49 seats are up for grabs across six states and two federally administered territories. 

“I came here at 7 o’clock in the morning when the polling booth opened,” actor Akshay Kumar told reporters after casting his vote. 

“I want my India to be developed and strong. I voted, keeping that in mind. (Indians) should vote according to what they think is best for them.” 

Actor Rajkummar Rao said that voting was a “big responsibility” for the nation. 

“It’s very, very important. If, through us, people can get influenced, it’s the best we can do to make people aware of the importance of voting. It’s our moral responsibility toward the nation. I appeal to all of you to come out and vote,” he said. 

Bollywood superstar Shah Rukh Khan had also urged Indians to use their right to vote over the weekend, taking to X — where he has more than 44 million followers — to make the public call. 

“As responsible Indian citizens we must exercise our right to vote this Monday in Maharashtra. Let’s carry out our duty as Indians and vote keeping our country’s best interests in mind,” Khan said. 

This election sees Prime Minister Narendra Modi chasing a rare third straight five-year term in power, targeting 400 out of the 543 parliamentary seats for the National Democratic Alliance led by his Hindu nationalist Bharatiya Janata Party, which has been in power since 2014. 

Analysts say Maharashtra will likely be a swing state as it sends the second-highest number of representatives to the lower house of parliament after Uttar Pradesh, which sends 80 lawmakers. It may affect the BJP’s initial strong projections in the polls. 

“There are many social issues that are going to be crucial in the state. For instance there is an agrarian distress, the issue of  reservation for the local Maratha community, the general issues like price rise and unemployment that are going against the  establishment,” said Shailendra R Kharat, political science professor at Pune University. 

Though the BJP swept 42 seats in the state in the 2019 elections, Kharat said he expects the ruling party alliance to get only 30 at most. 

Ashok Wankhede, a political analyst based in Maharashtra, said the BJP has not been able “to carry the trust” of the people.

“Maharashtra is the state where the BJP-led alliance is losing the most. This is going to be a major swing state,” he told Arab News. 

“To talk about 400 seats is a war cry. The fight in this election is open and it’s not going to be easy for the BJP to form the government. The last four phases of the election have not been very promising for the BJP.”


Russian jailed for 25 years over army office arson bid

Updated 55 min 6 sec ago
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Russian jailed for 25 years over army office arson bid

  • Rights groups have called jail term against Ilya Baburin a record sentence, and stressed that the arson never happened
  • Prosecutors accused Baburin of seeking to help the Azov battalion

MOSCOW: A Russian court on Monday sentenced a man to 25 years in jail for planning to set fire to a Siberian military enlistment office in 2022, the year Moscow launched its military operation in Ukraine.
Rights groups have called jail term against Ilya Baburin a record sentence, and stressed that the arson never happened.
Russia saw a wave of arson attacks on army offices however after the Kremlin announced an unpopular military mobilization drive in September 2022.
A military court in Novosibirsk handed down the sentence. Prosecutors accused Baburin of seeking to help the Azov battalion, a branch of the Ukrainian military branded a terror organization in Russia.
Baburin “created a plan to set the military commissariat in Novosibirsk on fire,” prosecutors said.
They said he recruited somebody to throw a Molotov cocktail at the army office but the unnamed person instead reported him to the FSB security service.
Baburin was acting on Ukrainian orders and that he had “established contact” with members of the Azov battalion, prosecutors said.
TASS news agency published footage of Baburin in court, wearing a tracksuit and smiling inside a glass cage for defendants.
“I did not set anything on fire,” Baburin said in court, according to the independent Dozhd TV channel.
He accused the FSB of trying to “gain points” during Moscow’s Ukraine campaign and of “investigating absurd crimes.”
Baburin, who was arrested in September 2022, was found guilty of a string of offenses, including “terrorism” and “treason.”
His lawyer Vasily Dubkov argued in court this month that “nobody was harmed,” according to a transcript of a statement delivered in court and published by the Perviy Otdel rights group.
“Baburin does not look like a spy giving out state secrets and did not have or hand out state secrets,” Dubkov said.
Separately, a military court in Saint Petersburg on Monday sentenced a cadet to eight years in prison for attempting to set railway infrastructure on fire last year.
The court said Timur Kursanov was undergoing military service at an army institute and had taken orders from an unnamed person online who wanted to “involve him in arson acts in exchange for money aimed at destroying transport infrastructure.”
The court said he was arrested during a failed attempt to set fire to a railway intersection in Saint Petersburg in May last year.