Q:
A:
No change of Kosovo-Metohija's status without new UN SC resolution
Belgrade,
22 August 2007
Legal advisor of the Serbian state team for talks on the status of Kosovo-Metohija and Director of the Swiss Institute of Federalism Thomas Fleiner said that the province's status cannot be changed without a new UN Security Council resolution.
Thomas Fleiner
Author:
Fonet
In an interview for today's edition of the Vecernje Novosti daily, Fleiner stressed that any other way would undermine the credibility of the UN, endanger its missions throughout the world and make the situation in Kosovo-Metohija utterly unpredictable.
Speaking about the announcement that the US might still unilaterally acknowledge the province's independence, Fleiner said that in the Security Council resolutions the following words are repeated three times: "We are devoted to the sovereignty of the Federal Republic of Yugoslavia (now Serbia) over Kosovo."
According to Fleiner, if the US, as a permanent member of the UN Security Council, should decide to unilaterally recognize an independent Kosovo, that would be an obvious breach of UN acts of highest instance.
When asked how such illegal situation might be enforced in Kosovo-Metohija, Fleiner explained that the entire UN administration in the province and the Kfor are instituted by UN Security Council Resolution 1244.
Therefore, they have to be loyal to the UN and fight any decisions which are not in accordance with Security Council resolutions. Otherwise, both UNMIK and Kfor would suddenly find themselves operating without agreement of one or two Security Council members, replied Fleiner.
He added that the EU might take over the mission from the UN "only if the UN Security Council makes such a decision, but it cannot be brought unless all permanent Security Council members, including Russia, are of the same mind."
Consequences would be catastrophic if the US or some other country decides to bring down the UN system using the case of Kosovo-Metohija, said Fleiner.
It would mean that all Security Council decisions and resolutions have lost all their credibility. Furthermore, international administrations in Kosovo-Metohija, Bosnia, even Iraq perhaps, would always be in danger since any Security Council member may decide not to acknowledge them any longer, explained Fleiner.
If compromise is not attained in the course of upcoming talks between Belgrade and Pristina, there can never be true talks, reiterated Fleiner.
There may be talks but only if they are open and if both sides accept that openness. There is no point in beginning any talks if the outcome is known in advance and the only goal is to bring one side round to accepting what has already been proposed, concluded Fleiner.
Speaking about the announcement that the US might still unilaterally acknowledge the province's independence, Fleiner said that in the Security Council resolutions the following words are repeated three times: "We are devoted to the sovereignty of the Federal Republic of Yugoslavia (now Serbia) over Kosovo."
According to Fleiner, if the US, as a permanent member of the UN Security Council, should decide to unilaterally recognize an independent Kosovo, that would be an obvious breach of UN acts of highest instance.
When asked how such illegal situation might be enforced in Kosovo-Metohija, Fleiner explained that the entire UN administration in the province and the Kfor are instituted by UN Security Council Resolution 1244.
Therefore, they have to be loyal to the UN and fight any decisions which are not in accordance with Security Council resolutions. Otherwise, both UNMIK and Kfor would suddenly find themselves operating without agreement of one or two Security Council members, replied Fleiner.
He added that the EU might take over the mission from the UN "only if the UN Security Council makes such a decision, but it cannot be brought unless all permanent Security Council members, including Russia, are of the same mind."
Consequences would be catastrophic if the US or some other country decides to bring down the UN system using the case of Kosovo-Metohija, said Fleiner.
It would mean that all Security Council decisions and resolutions have lost all their credibility. Furthermore, international administrations in Kosovo-Metohija, Bosnia, even Iraq perhaps, would always be in danger since any Security Council member may decide not to acknowledge them any longer, explained Fleiner.
If compromise is not attained in the course of upcoming talks between Belgrade and Pristina, there can never be true talks, reiterated Fleiner.
There may be talks but only if they are open and if both sides accept that openness. There is no point in beginning any talks if the outcome is known in advance and the only goal is to bring one side round to accepting what has already been proposed, concluded Fleiner.
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