Kosovo is a unique case in international law and cannot be compared to any other country, Kosovo is not an international precedent but a strong reason in international law that genocide does not happen the destruction of people's lives and their future, and the right to live freely is a dream of the democratic world and a modern contemporary reality. No one has the right to violate the humanitarian law on which today's democratic society is built. Kosovo independence is argued in the decision of the International Court of Justice, Resolution 1244 and no longer has a real impact on Kosovo as such is in transition and must change.
Abstract
Kosovo is a unique case in international law and cannot be compared to any other country, Kosovo is not an international precedent but a strong reason in international law that genocide does not happen the destruction of people's lives and their future, and the right to live freely is a dream of the democratic world and a modern contemporary reality. No one has the right to violate the humanitarian law on which today's democratic society is built. Kosovo independence is argued in the decision of the International Court of Justice, Resolution 1244 and no longer has a real impact on Kosovo as such is in transition and must change.
Key words : International Court of Justice, Independence of Kosovo, humanitarian intervention, position of Latin America State Toward Kosovo and Five EU Country (Romania, Greece, Slovakia , Spain , Greek Cyprus),
The International Court of Justice, ruled in favor of Kosovo with full right that the statement does not constitute a violation of international law. The decision found that "the representatives of the citizens have acted in their capacity as representatives of the people of Kosovo outside the framework of the interim administration and are therefore not bound by the Constitutional Framework or UNSC Resolution 1244"1. This is the legitimate right of the people of Kosovo to declare their independence. In international law a new state can result from a part of the territory of an existing state and its creation will be legal if it has the consent of the host state. But Kosovo should not be compared to other states that have declared independence, given that the case of Kosovo is completely different from all current and past international events. Kosovo has declared its independence through a popular right and democratic framework acceptable for international law but above all for international politics that its democratic value has the will of all citizens living for centuries in Kosovo, this does not include the Serb minority manipulated and lied to by Serbia, given that the life of two million inhabitants has been violently violated by Serbia, in the de facto sense neither legally nor politically there was no Yugoslavia, Kosovo had no reason to ask Serbia for the declaration of its independence which was in crisis and in the political sense play with two entities "Yugoslavia and sometimes only Serbia as successor , Yugoslavia has been legally destroyed by Serbia itself, even with military and paramilitary force, Kosovo was a legal entity forcibly colonized by Serbia, part of Serbian Yugoslavia had acted violently in bringing people from Serbia and other parts of the former Yugoslavia to colonize Kosovo.
Kosovo was the violent colony of the former Yugoslavia, especially Serbia
Some of the options recognized by international law are: external self-determination based on a historical situation, when a people is subject to "foreign domination" that had forcibly invaded Kosovo through the establishment of a violent police and military administration that had closed schools , universities and had fired all Albanian workers from jobs , which is a historical sum in its territory. Serbia violated all human rights in Kosovo recognized by international law, its purpose was to completely eradicate culture, Albanian education, cultural change that appeared that cultural and ethnic genocide of Albanians, Serbia closed the only hospital in Kosovo bringing its administrators from Serbia to the hospital and to the primary and secondary health centers. Kosovo's independence can not be considered separatism, this marketing and propaganda is done by Serbian political circles but also Serbian scientific circles, such a Serbian marketing of science was tried to show the legitimacy or not the legitimacy of Kosovo's declaration of independence, through comparisons of Kosovo with some states that have nothing to do with the situation or the history or the politics or the constitutional position of Kosovo that it had in the former Yugoslavia. Kosovo was with all the different characteristics from other states that have declared independence which was sui generis Kosovo by some Serbs of science try to lie to themselves and other states that have not yet recognized Kosovo. Some Serbian authors are still trying to explain the case of Kosovo with their supposedly scientific ideas and in reality they make wrong comparisons with other states that have gained independence and have been colonies, "The legal concept of self-determination from Kosovo consists of two separate subordinate parts": internal self-determination (which represents the protection of legitimate international rights that exist as human beings). To date, 116 members of the United Nations have recognized Kosovo. Latin American countries are part of the group of silent states at the moment, unlike the groups of recognizing states of Kosovo that belong to this continent. Recognizing states expressed the greatest concern for peace and security in the Balkan region, as well as the "unstable nature of the status quo" (Almqvist, 2009: 8), the argument for the failed negotiations between Pristina and Serbia, the fact that Kosovo constitutes a sui generis case and that there is no "established international law governing the matter" (Ibid, 9). Opposing states claimed that Kosovo's decision "consists of a clear reduction of international law" (Ibid, 10) while there are several different reasons for opposition, mainly political in the sense that Kosovo represents "a dangerous precedent" that may " (Ibid, 11), this state supports Serbia, Russia and China, this counteraction some countries of this continent do either because of their historical problems or because they want to stop basic human rights The silent or passive group of states, which includes some Latin American countries, pursues silence, which can be explained, according to Almqvist (2009: 11)2 First, some of them have no interest in result, some should prioritize the most urgent problems in the country, and some are concerned about the “legality of Kosovo's decision.” (Ibid, 12) Latin American states largely expand recognition of non-hemisphere states based on r in the "geopolitical sense of national interest" in an effort to expand links with areas of lesser former interest.
The reason behind the recognition can be found in "their attempt to judge Moscow as a potential source of arms sales and a client for their exports of goods (Ibid). This reflects some of the basic premises of realism according to which states are governed by their political interests in the international arena, supporting the US and the strong international democratic alliance. Some Latin American countries have developed economic relations with the countries of the Caucasus, Iran and some non-democratic regimes that still resist respect for human rights and oppose the United States and almost all European countries. Some countries of this continent, namely America.
The Latin America have economic and trade relations with most of the Islamic states, savage totalitarian regimes which have been built thanks to a religious and not civil policy. Brazil and Venezuela are building relations with Libya and Iran, with growing partnerships between Argentina and Algeria, as well as between Bolivia and Iran.
Kosovo is US allies Colombia and Peru as well as Panama, Costa Rica, the Dominican Republic, Belize and Honduras. This shows that the US partnership with Kosovo is one of the dominant reasons for this kind of foreign policy move to recognize Kosovo. Ironically, Argentina, Brazil and Venezuela, Latin American countries that oppose Kosovo's declaration of independence, "have raised their voices when it comes to supporting an independent Palestinian state" (Luxner, 2010), find the political then legal motive to recognize Kosovo as a state and to recognize the right to exist of Kosovo and all communities living in Kosovo.
Recognition of Kosovo's independence by the five unrecognized EU states and Latin American states.
The new government of Kosovo, which emerged from the February 2021 elections in Kosovo, has taken some important steps during this period, the Prime Minister of Kosovo had visited Greece and stayed there for several days for visit3, Greece is a friend of Kosovo, the change of Greece's position towards the recognition of Kosovo is very important, Greece has raised the diplomatic level with the state of Kosovo, this is good news that will not go long Greece will recognize the state of Kosovo, now this issue is procedural, the same several other steps are being taken by Spain4, to raise the cultural, economic level with Kosovo, this is an important event for the relations Kosovo-Spain-Greece, very soon it may happen that Romania and Slovakia go one step or some steps forward.
[...]
1 UNSC Resolution 1244
2 Almqvist (2009: 11)
3 Kurti në Greqi, për (mos)njohje , https: //albanianpost.com/kurti-ne-greqi-per-mosnjohje/
4 “The Objective”: Spanja po e përgatit kthesën historike për pozicionin karshi Kosovës , https://www.gazetaexpress.com/the-objective-spanja-po-e-pergatit-kthesen-historike-per-pozicionin-karshi-kosoves/
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