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Serbia v Kosovo v EU

Posted on the 23 April 2013 by Charlescrawford @charlescrawford

Here's my Commentator piece on that important Serbia/Kosovo/EU deal.

Thus:

Kosovo did better on symbolism than substance. It won agreement that Serbian officials in the municipalities concerned would henceforth be paid by Pristina, not Belgrade, and come under Pristina’s overall legal and political authority. And by the very fact of Belgrade and Pristina signing an ‘international’ agreement, the Kosovo Albanians can now assert that de facto Belgrade has recognised Kosovo.

But to get this, Pristina conceded substantive autonomy to the ethnic Serbian communities in most major policy areas (health, education and especially police – in the Balkans control over the police is all). And it gave Serbia the chance to press on with its EU membership without recognising Kosovo.

Serbia in turn did better on substance than symbolism. Northern Kosovo and other Serbs in Kosovo have been promised far-reaching devolved powers that need never be ceded and allow them to work very closely with Serbia. Nothing real has been conceded on Serbia’s bottom-line issue of principle, namely Kosovo’s independence. And Serbia can get on with its EU integration processes without Kosovo-inspired blackmail.

Yes, the Albanians’ argument that Serbia has de facto recognised Kosovo is vexing. But Belgrade still has the diplomatic firepower to hold the line in the key capitals that matter (Moscow and Beijing) to stop Kosovo joining the United Nations except on Belgrade’s terms. 

Brussels ended up with some substance (the prospect of easing wasteful tensions in that part of the Balkans, and getting the impossible Balkanites bogged down in EU accession bureaucracy) and some symbolism (a much needed diplomatic triumph amidst all that Eurozone misery and a show of leadership for the EU method).

Of course, this is just one way of looking at it. Back in real life plenty of people in the Northern Kosovo Serb community are feeling well and truly sold out, suggesting that Serbia lost heavily on both Symbolism and Substance. But NB it may be the case that Serbia qua the current Serbia leadership did a relatively good job in the negotiation but Serbs in general and Kosovo Serbs in particular did much less well.

So, goes the argument, Serbia surely has effectively renounced its claim to control that last part of Kosovo it (sort of) controlled. That must mean that Serbia has given up on Kosovo finally? And does that not mean that Kosovo 'therefore' is now accepted by Belgrade as independent?

Maybe. But in international law and politics a lot turns on what people say, as well as what they do.

Belgrade will find plenty of sympathetic ears out there in the world community of nations when it complains that it had 'no choice' but to go along with this bullying EU-led push, and that whatever happens it will not recognize Kosovo's 'illegal' secession. Note President Nikolic's carefully chosen words describing the deal: “the only possible way to guarantee to Serbia that Kosovo will never be a state accepted in the United Nations”.

This is Serbia's bottom line, and as diplomatic bottom lines go it is quite a good one Even if Kosovo is a state 'accepted' by many countries, Kosovowill(he asserts) never be recognised as a full member of the international community without Belgrade's consent. Unless Russia and China agree, Kosovo can not enter the United Nations as a normal country just as all the former Yugo-republics have done.

This in turn means that Kosovo is highly unlikely ever to get accepted in world sporting bodies and most international organisations. It will have a sui generis twilight-zone status, recognised by roughly half the countries in the world but not the other half, including some of the biggest heavy-hitters in the 'non-Western' camp. Palestine, now recognised as a state by over 130 countries, is in a similar ambiguous position but with most of the states that have recognised Kosovo on the other side of that argument.

Meanwhile Kosovo is hoping that Serbia's concessions this time round will help persuade the likes of China/Russia/India/Brazil that Serbia is giving up the fight - why should they be holding out against recognising Kosovo, when Serbia's core position is eroding and (arguably) negotiable?

My guess is that Kosovo will not get much further down the international recognition road as a result of this agreement. Why? Because those large countries holding out against recognising Kosovo can't care less about the Kosovo/Serbia problem itself. They are making their stand against the idea that international borders can be changed by Western powerplay (where does that end?), and because it is never a bad idea to oppose on principle what 'the West' wants. Apart from anything else, the more you oppose it the more likely you are to get something in return for eventually changing position!

Anyway, soon the fun over local symbolism begins. It is one thing agreeing that Pristina henceforth will have ultimate responsibility for what happens in northern Kosovo and a growing grip on people there by paying salaries to public sector employees. It is quite another to expect that those Serb employees put up a picture of the Kosovo president in their offices or wear Kosovo insignia or otherwise doff their caps to symbols of Kosovo authority and legitimacy.

All that will drag wearily on. And on.

The point is that unless and until there is a deal involving Belgrade on Kosovo's independence the whole idea of Serbia and Kosovo joining the EU edges towards either complete stalemate or a new outcome of unfathomable diplomatic ingenuity. Back to Commentator:

Well into the future the European Union will have to decide whether to admit Serbia without recognising Kosovo and/or to admit Kosovo that is not a state recognised by the international community as a whole: A Euro-style Mexican stand-off.

This week Brussels, Belgrade and Pristina joined forces to kick decision-day well down the road. They all know that that fateful moment will come. But they’ll double-cross that bridge when they finally reach it. Oh, and who knows what the European Union itself will look like then?

That last one is a good question.


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