Abstract
As a hotly contested territory, we cannot help but to refer to the viewpoints of both Albanians and Serbs surrounding Kosovo’s claims to statehood. Discussions concerning the ‘ownership’ over Kosovo throughout centuries have mainly been fashioned by historical narratives which rely on specific references to the legal status of the territory at various time periods. Yet, it remains unclear whether these narratives have a role in shaping Kosovo’s current claim to statehood, or in answering legal questions surrounding Kosovo’s claims to statehood. Today, however, these narratives tend to crystallize the position of both Albanians and Serbs over Kosovo’s independence, a State recognized by 116 countries, but opposed by Serbia and its traditional allies.
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Notes
- 1.
Warbrick (2008), p. 675.
- 2.
To some extent similar patterns are manifested throughout Europe, see Brubaker (1996), p. 55 et seq. According to Vickers ‘The actual name ‘Kosovo’ is of Turkish-Albanian origin and was used to designate the Kosovo vilayet which, before the Balkan War of 1912, covered the territory of Sandjak, Gornje Polimlje, Kosovo and Metohija, as well as northern Macedonia up to Veles, and eastern Macedonia up to the Bregalnica catchment.’ Vickers (1998) Introduction, pp. xiv, xv.
- 3.
- 4.
These narratives, except used in popular parlance, are also part of the official standings of both Albanians and Serbs with regard of the Kosovo issue. This is best explained by referring to the submissions of the Government of Serbia and Government of Kosovo in the International Court of Justice Advisory proceedings. See Written Comments of the Republic of Serbia, pp. 51–72.
- 5.
See Written Comments of the Republic of Serbia, pp. 51–72; Written Comments of the Republic of Kosovo, pp. 39–51.
- 6.
Judah (2008), p. 18.
- 7.
- 8.
For more on the Slav arrival in the Balkan Peninsula and the Serb origin see: Forbes (1915 [2015]) in Forbes et al., pp. 12–23.
- 9.
Jelavich (1983b), p. 4.
- 10.
Jelavich (1983b), p. 25. Moreover, Vickers determines that: ‘In Kosovo, especially in its eastern part, most Albanians were gradually assimilated into the Eastern Orthodox faith by numerous methods, including the baptism of infants with Serbian names and the conducting of all religious ceremonies such as marriages in the Serbian language. In Montenegro entire tribes such as the Kuc, Bjellopavliq, Palabardha, Piprraj and Vasovic were assimilated; those who resisted assimilation retreated into the hills of what is now northern Albania.’ See Vickers (1998), p. 8.
- 11.
See for more Vickers (1998).
- 12.
Judah (2008), pp. 21–23.
- 13.
It is contended that the origins of Balkan nationalism can be traced back in the late eighteenth and early nineteenth centuries, a process that according to Kitromilides is a ‘mental construction of nations’, which he refers to as ‘imagined communities’, See Kitromilides (1989), p. 149 et seq. In similar vein see Kitromilides (1996), pp. 163–191.
- 14.
See for more Judah (2008), pp. 21–23.
- 15.
See Vickers (1998), p. 6.
- 16.
For more see Judah (2008), p. 21.
- 17.
For more on the orthodox Christians and see Cunningham and Theokritoff (2008), pp. 1–18.
- 18.
See Vickers (1998), p. 8.
- 19.
Moreover Vickers determines that: ‘Up till 1180, when the Emperor Manuel Comneni died, Kosovo had been governed by Byzantium. The castle of Zvecan near Mitrovica that guarded the great mining centre of Trepca, played a major role in the twelfth century struggle of Byzantium against the Serbs. The original homeland of the Serbs was in the mountainous area around Raska, near the present-day region of Novi Pazar.’ See Vickers (1998), p. 6.
- 20.
Forbes et al. disclose that: ‘In the interior of the Serb territory, during the eleventh and twelfth centuries, three political centers came into prominence and shaped themselves into larger territorial units. These were: (1) Raška, which had been Slav’s centre and is considered the birth-place of the Serbian state (this district, with the town Ras as its centre, included the south-western part of the modern kingdom of Serbia and what was the Turkish sandjak or province of Novi-Pazar); (2) Zeta, on the coast (the modern Montenegro); and (3) Bosnia, so called after the river Bosna, which runs through it.’ See Forbes et al. (1915), p. 87.
- 21.
Forbes et al. argue that: ‘During Stephen Dusan’s reign the political centre of Serbia, which had for many years gradually tended to shift southwards towards Macedonia, was at Skopje (Uskub in Turkish), which he made his capital’. See Forbes et al. (1915), pp. 94–95.
- 22.
See Vickers (1998), p. 9.
- 23.
Vickers (1998), p. 11.
- 24.
- 25.
For more see Miranda (1998).
- 26.
For more see Judah (2008). To better grasp the means how Kosovo was becoming an issue of the Serbs national consciousness Vickers acknowledges that: ‘Decasyllabic epics chanted by bards and easily memorised by generations of listeners were instrumental in preserving the Serbian national identity; the heart of the national consciousness being the Kosovo myth and its covenant. By transforming the national defeat into a metaphor for survival, the poems about Kosovo served a double function, providing a rationalisation of the past that was a salve to wounded pride and at the same time containing a radical programme for the future. The Tsar’s curse on all those who do not fight for Kosovo would serve as a reminder to Serbs for all time’ [emphasis added]. See, Vickers (1998), p. 16.
- 27.
‘On the 500th anniversary of the battle, in 1889, Cedomil Mijatović, Serbia’s foreign minister, said that: an inexhaustible source of national pride was discovered on [sic] Kosovo. More important than language and stronger than the Church, this pride unites all Serbs in a single nation. … The glory of the Kosovo heroes shone like a radiant star in the dark night of almost five hundred years. … There was never a war for freedom—and when was there no war?—in which the spirit of Kosovo heroes did not participate. The new history of Serbia begins with Kosovo—a history of valiant efforts, long suffering, endless wars, and unquenchable glory. … We bless Kosovo because the memory of the Kosovo heroes upheld us, encouraged us, taught us and guided us. [emphasis added]’. Extracted from Judah (2008), p. 23.
- 28.
Vicker affirms that: ‘For Serbs to renounce Kosovo would be to deny their national and spiritual heritage.’ Vickers (1998) at XII.
- 29.
The creation of the modern Serb state along the lines of the old Serb kingdom was one of the aims of the Serbs after the independence. For more see White (1996), pp. 39–52.
- 30.
The creation of the modern Serb state along the lines of the old Serb kingdom was one of the aims of the Serbs after the independence. See White (1996), pp. 39–52.
- 31.
Jelavich (1983b), pp. 26, 27.
- 32.
Jelavich (1983b), p. 27.
- 33.
Banac (1984), p. 23.
- 34.
Banac (1984), p. 23.
- 35.
See for more: Brennan (1995) and Keal (2003). Of course, the right to invoke the claim to self-determination would particularly have an impact on the dismemberment of the concerned state, or at least provide means to grow nationalism within that state. According to Falk the latter seems to refer that international law in part favors ‘…claims of self-determination made by indigenous people based on a “first people” entitlement rationale’. See Falk (1988), p. 18. In addition see Brennan (1995) and Keal (2003).
- 36.
Calic (2000), p. 23.
- 37.
Falk (1988), p. 18.
- 38.
Jelavich (1983b), p. 363.
- 39.
Ibid.
- 40.
See for more Jelavich (1983b), p. 361.
- 41.
- 42.
Vickers (1998), p. 44.
- 43.
Mertus confirms that “Kosovo is integral to both group’s competing national identities: the national awakening of Albanians occurred at the League of Prizren in 1878, but Kosovo also contains places of significance to modern Serbian national identity….” Mertus (1999), pp. 10 and 11.
- 44.
Vidmar (2009), p. 784.
- 45.
Ibid.
- 46.
Carnegie Endowment for International Peace (1914), p. 151.
- 47.
Albania declared independence in 1913, and was recognized as an independent state at the Conference of London in 1913. Hall (2000), p. 137.
- 48.
Jelavich (1983a), p. 298.
- 49.
Jelavich (1983a), p. 317.
- 50.
Ibid.
- 51.
Constitution of Yugoslavia, 1946, art. 2. http://www.worldstatesmen.org/Yugoslavia_1946.txt.
- 52.
Lapenna (1969), p. 469.
- 53.
Vickers (1998), pp. 146 and 147.
- 54.
The Constitution of the Federal People’s Republic of Yugoslavia reproduced in Trifunovska Snežana (ed) (1994) ‘Yugoslavia through Documents, from Its Creation to Its Dissolution’. Dordrecht: Martinus Nijhoff Publishers, p. 212 et seq.
- 55.
London Times in Vickers (1998), p. 164.
- 56.
The brutal suppression of the Albanian population during the period between 1948-and mid-1960s prompted massive violent migration from the territory of Kosovo. The latter were considered the ‘the most significant amongst all other migrations occurring inside ex-Yugoslavia.’ See Pavlović (2009), p. 55.
- 57.
See Muharremi (2008), p. 406.
- 58.
The Constitution of the SFRY, Official Gazette of the SFRY, 14 (1963).
- 59.
Until 1969 the University of Prishtina was branch of the University of Belgrade.
- 60.
However this view is contested for example by Detre which claims that ‘the autonomous province of Kosovo had been all but an equal member of the Yugoslav federation, on the same footing as the republics.’ See Detre (2003), p. 123.
- 61.
The Constitution of the Socialist Federal Republic of Yugoslavia 1974 reproduced in Trifunovska Snežana (ed) (1994) ‘Yugoslavia through Documents, from Its Creation to Its Dissolution’. Dordrecht: Martinus Nijhoff Publishers, p. 224 et seq.
- 62.
See for more Radan (2002).
- 63.
Muharremi contends that the ‘1974 Constitution also referred explicitly to the two autonomous provinces of Kosovo and Vojvodina as constituent components of the Yugoslav Federation. The broad powers that were granted to Kosovo and Vojvodina under the 1974 Constitution resulted in de facto equality between the Republics…and the Autonomous Provinces (Kosovo and Vojvodina within the Socialist Republic of Serbia)’. See Muharremi (2008), p. 406.
- 64.
Rich (1993), p. 38. Rich acknowledged that a ‘…distinction was made between ‘nations’ of Yugoslavia and the ‘republics’ of Yugoslavia, the former being peoples like the Croats, Macedonians, Serbs and Slovenes without any necessary geographic connection and the latter being the six geographically defined federal units without necessary ethnic connection. A second distinction was made between the ‘nations’ and ‘nationalities’ with the latter being defined as ‘members of nations whose native countries border on Yugoslavia…’ See Rich (1993), pp. 38 and 39. In terms of the right to secession, Hasani argues that in the context of Yugoslav constitutional law, the republics were considered the sovereign entities, while the right to self-determination was recognized to the ‘nations’ and ‘nationalities’ of Yugoslavia and which was achieved with the creation of Yugoslavia. See Hasani (2003), p. 166.
- 65.
Radan (2002), pp. 148 and 149.
- 66.
Radan (2002), p. 148.
- 67.
Detre (2003), pp. 123 and 124.
- 68.
For more see ICTY Milotinuvic (et al.) Case, IT-05-87-T, 26 February 2009, paras. 213–222.
- 69.
The dissolution of Yugoslavia gave rise to different arguments related to the right to secession of the Yugoslav republic. As Weller notes, ‘…it appeared initially that not all federal units within a federation providing for express self-determination status were entitled to self-determination. Express constitutional self-determination would generally apply only to the entities that were very specifically nominated in the constitution, such as full federal republics. However, in the wake of Kosovo’s eventual independence, this view had to be adjusted. See Weller (2009), p. 54.
- 70.
It is worth mentioning that a referendum held in Kosovo from ‘26 to 30 September 1991 resulted in an 87% participation rate and a 99.87% vote in favour of independence.’ See Rich (1993), p. 61.
- 71.
Detailed explanations about the dimension of the civil resistance in Kosovo are given by Kostovicova in Kostovicova (1997).
- 72.
In relation to the latter, even in the aftermath of these events, the establishment of parallel education system was another reason to launch another layer of violence towards Kosovo Albanians, as Kostovicova noted “Albanian pupils and students caught with university diplomas and school certificates with the seal of the self-declared Republic of Kosovo were subjected to verbal abuse at best. Albanians were not allowed to use schools they shared with Serbs when they were closed for Serbian national holidays. Similarly, secondary education was often obstructed regardless of whether it was held in a primary school or in a private house. School records and school certificates were taken from schools and the university, exposing the vulnerability of the Albanian parallel education system.” See Kostivocova (2005), p. 128.
- 73.
- 74.
In general about the role that Kosovar diaspora see Hockenos (2003), p. 177 et seq.
- 75.
Bloed (1999), p. 49.
- 76.
Security Council strongly condemns Massacre of Kosovo Albanians in Southern Kosovo, Press Release, 19 January 1999, SC/6628, available at: http://www.un.org/press/en/1999/19990119.sc6628.html.
- 77.
Letter Dated 4 June 1999 from the Permanent Representative of France to the United Nations addressed to the Secretary-General, UN Doc. S/1999/648, Interim Agreement for Peace and Self-Government in Kosovo (Rambouillet Accords), chapter 8, p. 85.
- 78.
An interesting remark is done by Glennon claiming that ‘…states will continue to intervene, as NATO did in Kosovo, not where law tells them they may, but there wisdom tells them they should, where power tells them they can, and-perhaps-where justice, as they see it, tells them that they must.’ Glennon (2001), p. 209. For more on the debates surrounding use of force without SC clear authorization see: Byers (2015), pp. 26, 27 and 48. Orford, referring to Henkin, argues that Kosovo intervention can be interpreted as ‘a step toward a change in the law, part of the quest for developing “a form of collective intervention” beyond a veto-bound Security Council’. She moreover claims that: ‘In the case of Kosovo, the international community may have been acting outside of the law, but such action was not taken in the name of self-interest or old-fashioned imperialist aggression, but for the collective good.’ See Orford (2003), p. 45.
- 79.
See for example Zacher (2011).
- 80.
See for more on the permissibility of use of force in the case of Kosovo, The Independent International Commission on Kosovo (2000) “The Kosovo Report”, Oxford University Press. However, for more on the debate about the NATO intervention see Charney (1999); Currie (1999); Falk (1999); Chinkin (1999); Henkin (1999); Wedgwood (1999). Gioia (2008), p. 32.
- 81.
- 82.
Corten (2006).
- 83.
- 84.
See Simma (1999), p. 2.
- 85.
Cassese submitted that the use of force in particular circumstances might become justified. To that end he listed numerous conditions to be met: see Cassese (1999), p. 27 et seq.
- 86.
Simma (1999), p. 2.
- 87.
To that aim, Simma claims that: ‘The more isolated these instances remain, the smaller will be their potential to erode the percepts of international law, in our case the UN Charter.’ Simma (1999), p. 22. The most vocal opposition to NATO actions towards FRY were expressed by Russia. Mendeloff in one of his studies acknowledges that in Russia some saw ‘NATO’s primary aim as establishing a beachhead in the Balkans for future attack on Russia. Indeed, such a view is consistent with public opinion polls. One such poll found that 71% of Russians saw the establishment of US and NATO military bases as the ultimate goal of the bombing campaign. A roughly similar number believed that NATO military action in Yugoslavia was a direct threat to Russia’s security…NATO’s stated humanitarian motives for the attack on Serbia were simply dismissed. For many, atrocities against Kosovar Albanians were simply a ‘pretext’ for the Americans to carry out their nefarious designs against Serbia and Russia’. He concludes that ‘Russian response to the Kosovo crisis with the popular Russian Myth of Slavic Brotherhood strongly suggests that a society’s distorted and pernicious interpretation of its past may cause distorted perceptions of its own strategic interests, and the interests and intentions of others.’, Mendeloff (2008), p. 48.
- 88.
Manulak (2011), pp. 363–365.
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Doli, D. (2019). History, Identity and Myths. How Narratives of the Past [Are] Shape[ing] the Present?. In: The International Element, Statehood and Democratic Nation-building. Springer, Cham. https://doi.org/10.1007/978-3-030-05995-8_2
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