| Boris Tadic’s crocodile tears in New York for Albanian Kosovo! |
| Publikuar më 04 shkurt, 2010 në orën 19:44 ( ) |
Prof. Dr. Mehdi Hyseni | English | |
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Apart from Serbia’s political desert wishes to return Kosovo under its age-long colonial rule (1912-1999) this is not possible because modern international law does not recognize any way of making this colonial compulsory relationship between Serbia and Kosovo as two different sovereign and independent national state in Balkans.
Serbian president Boris Tadic could address to the United Nation Security Council a million times like on January 22, 2010 intentionally to convince its members that Kosovo “belong to Serbia”, but the historical right is on Albanian side, Kosovo has never been legally Serbia’s territory, but only colonial plunder from 1912 to 1999.
This is truth, not Boris Tadic’s crocodile tears dropped in New York at the session of the United Nations Security Council on January 22, 2010, who alleges that: [b]“ Our principled position regarding our province's future status is set in stone. Serbia will never, under any circumstances, implicitly or explicitly, recognize unilateral declaration of independence. This is a constitutional imperative, as well as our moral, historical and-above all-democratic duty. On this fundamental point, our nation is united as one. Unilateral Declaration of Independece of Kosovo has has divided the world and the Balkans. It has brought into question the fundamental tenets of the contemporary international system, while setting back efforts to consolidate the region's democratic gains.”[1][/b]
Through this official allegation about Albanian Kosovo, the Serbia’s president Boris Tadic, said several historical, policial and democratic untruths. First, seeing in the historical context, Kosovo has never been legally Serbia’s territory, but only its colonial plunder, invaded and annexed by war, aggression, genocide and expulsion over million Albanians from Kosovo during 1912-1999.
To reject those Boris Tadic’s falls arguments, briefly, I remember to him these true historical arguments how Kosovo was become “Serbia’s territory” during past 100 years (1912-1999).
HISTORY AND INTERNATIONAL LAW, YES FULL INDEPENDENCE OF ALBANIAN KOSOVO!
Kosovo was colonial, not minority “new issue” (arise from 1990 when SFRY was destroyed by Slobodan Milosevic’s genocide and militarist Serbia) as Serbian government and Serbian Orthodox Church are trying to manipulate with it in the face of the international community. However, the historical truth is that Kosovo was under colonial rule of Serbia, respectively the Kingdom of Yugoslavia ( Serbs, Croats and Slovenians) /1918-1941/, the Socialist Federative Republic of Yugoslavia(1945-1990) , and the Federal Republic of Yugoslavia (Serbia and Montenegro) /1990-2006/. As a result of the colonial, genocide and annexation rule of Yugoslavia, respectively Serbia on Kosovo and the another indigenous territories of the Ethnic Albania (1912- 1999), Albanian people and Ethnic Albania separated in two parts in favour of the enlargement of the Serbia’s territory. This is the main cause why Kosovo had struggled through centuries/1878-1999/ to realize it’s the right of the self-determination and full independence from Serbia. In this context ought to act rightly, legally and democratically the main factors of the international community (USA, OUN, EU, NATO etc.) to resolve the final status of Albanian Kosovo. Regarding to this important universal and principle approach of Kosovo’s colonial problem, the author of this essay was obliged to make one thing absolutely clear: Without granting of the external self-determination to Kosovo, there’s no doubt that Balkans cooperation, security and peace will remain fragile and dangerous not only for the Balkans peoples, but also for European Union, and in the wide sense. Otherwise, every another approach (such is decentralization which theoretically and practically means disintegration of the integral native territory of Kosovo in favour of the Serbian colonist minority(8%) will be in the deepest contradiction with international law, and the UN charter. If the international community want to bring together different peoples with diversity history, culture and civilization in this case it must respect the right of the self-determination to all of them which still haven’t get their independence from their colonized regimes such as the drastic case of the Serbia with its colony of Albanian Kosovo. All of us should be aware that multiethnic, integrated and pluralist societies within Europe and all of the world too, can be create in the real sense, if we apply the same international norms and standards(not double, or different ones). Also, “The new world order can only be realized if all states, large and small, respect the United Charter.”[2]
At first, I must confess that as all of the Albanian people inside the Ethnic Albania, and in diaspora too, I also as an inalienable part of one, appraise at high level with respect and devotion all of up to now attempts (political, diplomatic, economical, humanitarian and military) of the United States of America, managed and governed by the state administration of the ex-president Bill Clinton and the ex- president George W. Bush in revival, life-saving and universal protection ( moral, humanitarian, democratic, legal etc.) of Albanian people and Kosovo. But, being that this is very important historical moment as well as the last chance to resolve properly the final status Kosovo according to the external self-determination, particularly the United States and the United Nations need to take into account historical right and International Law, not heterogeneous geopolitics, economics and military interests of the Europe which morally and legally is responsible for its unimproved historical and political mistakes toward Albania and Albanians which did twice through The Congress of Berlin (June 13 - July 13, 1878 and The London Conference of Ambassadors 1913, dividing them in two parts, and annexed them to Serbia, Greece and Montenegro. The historical background 1878-1999 /briefly/
These indisputable historical facts prove that origins of the conflict between Serbian and Albanians aren’t of the new date from Tito’s Yugoslavia (1945-1989), respectively from Slobodan Milosevic Yugoslavia (Serbia+ Montenegro, 1989-2000), but is very old since 1878; 1912-1913 as we mentioned above. However, by then up to now Albanians never stopped their attempts and struggles against Serbian colonial rule and genocide in order to release themselves and bring back their indigenous territories of the ethnic Albania. This our conclusion in favour of the historical and the self- determination of the Albanians and Kosovo witness and follows arguments :
(I) Albanian Kosovo has been inhabited by the Illyrians, who are the ancestors of the present day Albanians who constitute over 90% of its inhabitants, and henceforth must be rightly called Albanian Kosovo.
(II) Also, in 1878, Kosovo was part of natural Albania because of this fact in the same year (as a counter-replay to anti- Albanian resolutions, adopted by the Congress of Berlin) was founded the Albanian League of Prizren (1878) in sign of the revolt against the Ottomans, but for a short time it was destroyed by the military intervention of Russia and the Ottomans, which led the Great Powers’ Congress of Berlin in 1878 to enable Serbia and Montenegro to steal Albanian lands and to genocide the Albanians for the second time. That was the Russian intervention in favour of the Serbia and Montenegro which destroyed peaceful coexistence in the Balkans and is still destroying it.
(III) Albanian Kosovo was a legal part of the independent of Albania (November 28, 1912). But it was invaded by military Serbia which committed genocide against its indigenous people. The injustice done by severing Albanian Kosovo from its motherland was crowned in the London Conference of Ambassadors (December 1912- August 1913).(IV) In 1918 Albanian Kosovo was inclusive in the Kingdom of Serbs, Croats and Slovenes by force and genocide, but it was flagrant act of colonialism, dividing Albanian territories, and giving rise to the Albanian right to the decolonization of Albanian Kosovo. During 1918-1919 Albanian Kosovo’s struggle for independence was crushed through genocide crimes committed for the fourth time by the Serbs against its indigenous people, including the importation of Serbian colonists in Kosovo, respectively in Ethnic Albania. According to articles 20 and 22.4 of the Covenant of the League of Nations, the severance of Albanian Kosovo from Ethnic(natural) Albania is declared null and void and its independence from the colonizing Power is provisionally recognized. In violation of the Covenant of the League of Nations, Albanian Kosovo was colonized in the period 1918-1941 by the Kingdom of Yugoslavia and was officially declared and treated as a colony, through implanting Serbian colonists, expelling hundreds of thousands of the indigenous Albanian people, economic and mental persecution, terror, and liquidation; that is genocide. Turkey took part in that genocide operation be expelling over 300.000 Albanian from Albanian Kosovo to Istanbul, according to the Gentlemen Agreement with Yugoslavia in 1938. Being that that Albanian Kosovo it’s not a legal property of Serbia and Serbs, Albanian people shouldn’t agree with imposition of the “conditional independence “ of Kosovo because one has never been Serbia’s territory, but Ethnic Albania’s integral natural, historical and geopolitical part. This is the main reason why Albanians shouldn’t give up from their historical and legitimate right of Kosovo. While, Serbian minority of 8% doesn’t have any legal right to call upon that Kosovo is part of Serbia, because one is colonial remnant in Kosovo from 1912 when Serbia by genocide and military force colonized and annexed Kosovo. This our conclusion proves and Serbian historian Dubravka Stojanovic (Professor at Philosophic Faculty of Belgrade University): “For Serbia the First Balkan War was the greatest historical moment, but for Albanians the same war was the biggest trauma because of the Great Powers of Europe adopted their unjust resolution of dividing of Albania in two parts, and Kosovo annexed to Serbia”[3]. Also, as a professor Dubravka Stojanovic was written: “ In 1912, Serbia, very fast, militarily entered and occupied territory of Kosovo, Novi Pazar and a part of Macedonia”.[4] These historical based facts, expounded by Dubravka Stojanovic that Kosovo was colonized by Serbia, also, are interlaced accurately by Prof. Dr .Robert Jackson : “Kosovo had long been part of the Ottoman Empire when it was conquered by Serbia in 1912. That right of conquest was confirmed by the League of the Nations at the end of the First World War by the inclusion of Kosovo in the new state of Yugoslavia.”[5]
It’s important to stress the fact that, and during the Second World War the status of Albanians of Kosovo was remained unchanged, even though “in January 2, 1944 was hold the meeting of the National Liberation Movement about Kosovo political status which as known as the Bujan Conference. In this conference was adopted the Bujan Resolution, which defined Albanian Kosovo as a sovereign entity and a part of Albania and expressed its aim remain part of the Albanian state after the end of the Second World War. But the partisan army led by Tito crushed its indigenous people by committing all possible means of genocide against them.” (Noel Malcolm, Kosovo a Short History, Harper Perennial, New York, 1999, p.307-308
After the end of the war in Yugoslavia (1945) in violation, and contrary to the purposes and principles of the United Nations Charter, according to the Yugoslavia’s Federal Constitution of 1946, Albanian Kosovo and its indigenous Albanian people were annexed by force of the Yugoslavia. According to the international law, this is an act of colonialism because of the fact it was against the will of Albanian people. In the same outlaw manner in 1989 (after Slobodan Milosevic took power in SRFY), Albanian Kosovo was again illegally and by force annexed by the Republic of Serbia, which matter breaks any structural connection between the two entities, and constitutes the obstruction of Albanian Kosovo’s exercise of its independence, statehood and sovereignty. This annexation was by force, and the commission of all forms of total obstruction of the internal self-determination which Albanian Kosovo had according to the constitution of the SFRY in the 1974. As a consequence all of these mentioned Serbia’s condemnable acts according to the Article 2 (4) of the United Nations Charter, and the international law, in July2, 1990, Kosovo’s parliament adopted the Declaration of independence of Albanian Kosovo; (2) the Constitution of September 7, 1990 (known as Kacanik’s Constitution) declaring Albanian Kosovo a republic ; (3) the Declaration of September 22,1991 as a sovereign independent state with the right of constitutional participation in the league of sovereign republic-states of Yugoslavia;(4) the Declaration of October 19, 1991 of Albanian Kosovo as a sovereign independent republic on the basis of the Referendum held from September 26 through 30, 1991 in the presence of international observers, with 87,01% of the electorate voting, from which 99,87% voted in favour of independence from the SFRY. This Referendum was according to the contemporary international law, and the UN Charter as well as to these resolutions, adopted by the Assembly of the United Nations: (i) Res.637(VII) Dec.16,1952.Right of Peoples and Nations to Self- Determination, (ii) Res.1514(XV) Dec.1960 on granting independence to dependent peoples; (iii) Res.2160 (XXI) Nov.30,1966. Forcible action depriving people of right to self-determination; (iv) Res. 2200(XXI) Dec.16,1966. International Covenant on Economic, Social and Cultural Rights, Art.1; International Covenant on Civil and Political Rights, Art.1.; (v) Res.(XXV) Nov.30,1970. Emphasizing importance of universal realization of self-determination and condemning denial especially to people of southern Africa and Palestine; (vi) Res.33/44 Dec.13,1978. Decolonization; (vii) Res.34/103 Dec 14,1979. Hegemonism, and so on. Ahtisaari’s plan must be in compliance with international law, and historical right of Albanians to Kosovo & ;nbs p; All of the international actors (USA, UN, EU, NATO, Contact Group) involved in settlement of Kosovo’s status, morally and legally are obliged to take into account valid and objective arguments according to historical and juridical rights of both parts (Serbian and Albanian) in conflict. Really, in this context is prepared and the United Nation plan on Kosovo which in February 2, 2007 was delivered and presented by its envoy, Marti Ahtisaari to Serbian authorities in Belgrade and Albanian government in Pristina. However, Marti Ahtisaari’s plan about Kosovo, official Belgrade at the same day rejects by motivation that one imply independence of Kosovo. Meanwhile, Albanian part accepted it with reluctance and pleasure hoping that the UN special envoy Martti Ahtisaari will get in consideration its additional proposals to be completed his plan before submitted it to the Security Council of the United Nations. Like the Albanian part in Pristina as well as mentioned relevant parts of international community (particularly USA) who invested, and really interested to resolve of Kosovo’s issue needn’t hurried with approving of Martti Ahtisaari’s plane because one "omitted" the external self-determination of Kosovo. This is a main reason why Martti Ahtisaari’s Plan couldn’t be presented to the UN Security Council before being completed with this important and unavoidable legal clause which is in conformity to " the Declaration Granting Independence to Colonial Countries and Peoples and Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the UN"(See: GA Resolution 1514(XV),14 December 1960; and GA Resolution 2625(XXV),24 October 1970). These are the main rational and legal reasons why Kosovo must be granted with full-external independence, not only with internal independence such as Martti Ahtisaari’s Plan expected as a first reasonable step. Indeed, Kosovo’s government isn’t in situation to refuse Martti Ahtisaari’s proposed plan, like did Serbia, but morally, historically and legally is obliged to give its additional suggests and proposals which concern to the settlement of the final political status of Kosovo in compliance to recognize the full right of the self-determination of 2 millions Albanian people who are the "hostages" of the colonial Great Serbia from 1912/1913 to June 10, 1999. In this context, Martti Ahtisaari’s plan must take in consideration and these important historical and juridical reasons and arguments who are directly connected to the granting of full independence of Kosovo. First, historically, Kosovo has never been legal part of Serbian territory, but only genocidal and colonial plunder disjoined from the historical, geopolitical and integral territory of the ethnic natural Albania by the European Great Powers (19113). Second, Kosovo belongs to the civilization (history, culture and language etc.) of the Western Europe because Albanians are Illyrians descendants, not at all Slaves or Muslims as Serbian quasi-history, politics and propaganda of the Serbian State and Orthodox Church try to sophisticate their history for centuries in the face of the world in order to hide their centennial colonial genocides committed on Albanians and ethnic Albania (1846-1999). On the contrary of the Serbian invented myth about Kosovo battle 1389, which symbolize ancient history and right of Serbia and Serbs to Kosovo, "Serbia does not have a continuous history on Kosovo. For several hundred years, Kosovo was not part of Serbia, because there was no Serbia to be part of: during most of long Ottoman period, Serbia did not exist as an entity at all. Kosovo was annexed de facto by Serbia within living memory, in 1912; de jure it wasn’t annexed by the Serbian kingdom at all"[6]..
Also, Serbia and Serbs haven’t their religious and culture "cradle" in Kosovo because "the seat of the Serbian Orthodox Church was not founded in Kosovo; it merely moved there after its original foundation in central Serbia was burnt down. Nor does the Patriarchate have any continuous history as an institution in Kosovo…, but in Rascia(Serbia), an area beyond Kosovo’s north- western border, and most of the important early medieval Serbian monasteries and churches were built outside Kosovo itself."[7] There’s no dilemma that historically Kosovo was Albanian territory, not Serbian as has written with incontestable arguments Prof. Dr. Noel Malcolm in his mentioned excellent and realistic book about Kosovo.
Indeed, that Kosovo has never been Serbian land, but Albanian which in 1371 has been part of the Albanian feudal state of the Balsha’s which was defeated by the Ottomans in 1389. Third, Kosovo isn’t Serbian minority problem (as official Belgrade and Serbian Orthodox Church are manipulating with 8% of Serbs in Kosovo under the pretext that they are victims of the Albanian majority of 90%. This is falls argument which Serbia, and Serbian Orthodox Church are using to blame Albanians, instead to blame themselves for all their colonial aggressions and genocides toward Kosovo- Albania and Albanians ), but ancient colonial problem which must be resolved in accordance with International Positive Law and the United Nations Chart. Fourth, in order to reach definitely political compromise between Serbs and Albanians, Martti Ahtisaari’s plan must include the necessary international juridical clause of the external self- determination which theoretically and practically means full independence of Kosovo, not internal which directly and indirectly Belgrade want to be implied to Kosovo by international community because it will be only "legal way" to keep still its colonial plunder like 100 years ago (1878-2007). Basically, Martti Ahtisaari’s plan about final status of Kosovo should be accepted by Pristina’s government and Albanian political parties, only if it contains the full external independence of Kosovo, otherwise won’t be changed the status quo of Kosovo, event though Martti Ahtisaari’s plan expect conditional independence of Kosovo under international oversee i.e. the European Union (EU) which (politically) could consider as a first "equilibrate" and "fair" step by the international community, it won’t be a good guaranty in the service of international legality for peace and justice for all. As the United States as well as the United Nations, European Union, NATO etc. should bear in mind the fact that only way to reach historical compromise between disputed parts, and lasting peace and stability in Balkans is immediately recognition of the external self-determination of Kosovo as a independent, sovereign, democratic and multiethnic state within which will include and respect the rule of law and all human rights to the all ethnic and religious minorities.
On the contrary of these above mentioned historical, political and juridical facts and arguments in favour of Albanian Kosovo’s independence, the Serbia’s government, the Serbian Orthodox Church and the Serbia’s president Boris Tadic and his companions want to debate still about Kosovo’s political status, but it’s nor more possible because Kosovo became independent and sovereign state on Febrary 17, 2008, it’s not more any kind of colony of Serbia and Serbs, such 100 years ago. By colonial and genocide Serbia for ever!!!
By Mehdi Hyseni, Ph.D.
[1] www.b92.com,22.01.2010.
[2] (Robert Jackson, The Global Covenant-Human Conduct in a World States, Oxford University Press, New York, 2000, p.3) .
[3] RSE, October 22, 2002.
[4] (THB1NL (3 February, 2007 - 15:54)
[5] Robert Jackson, The Global Covenant- Human Conduct in a World of States, Oxford University, New York, 2000, p.278.
[6] See excellent book, Introduction : Kosovo a Short History by Noel Malcolm New York, 1999, p.xxxv).
[7] Noel Malcom, Ibid, p.xxx.
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