The issue of the Republic of Kosovo's Commitments to Comply with International Human Rights Standards - Considerations Based on the Specific Legal Status of Kosovo, Implications of the Reconciliation Process and Aspects of Security and Human (…) Cover Image

The issue of the Republic of Kosovo's Commitments to Comply with International Human Rights Standards - Considerations Based on the Specific Legal Status of Kosovo, Implications of the Reconciliation Process and Aspects of Security and Human (…)
The issue of the Republic of Kosovo's Commitments to Comply with International Human Rights Standards - Considerations Based on the Specific Legal Status of Kosovo, Implications of the Reconciliation Process and Aspects of Security and Human (…)

Author(s): Magdalena El Ghamari, Małgorzata Andrzejczak-Świątek
Subject(s): International Law, Human Rights and Humanitarian Law
Published by: Akademia Policji w Szczytnie
Keywords: legal status; Kosovo; UNMIK; UN; Balkans; Serbia; security policy; human rights;

Summary/Abstract: Kosovo declared independence from Serbia in 2008, but is not recognised by all states. Today, more than 100 countries, including the United States and most European Union member states, recognise Kosovo as an independent state. However, Serbia does not accept this declaration and still considers Kosovo as part of its territory. The aim of this article, therefore, is to try to answer the questions: what is the specificity of Kosovo citizens' enjoyment of recognised human rights standards, and whether the reconciliation process and transitional accountability determine the extent of civil rights protection. Kosovo's legal status has evolved from being a province that was part of the republic of Serbia within Yugoslavia, then Serbia and Montenegro, then Serbia, to becoming a formal protectorate under the UN Interim Administration pursuant to the UN Security Council Resolution 1244 of 10 June 1999 on the situation regarding Kosovo, and finally declaring independence in 2008. However, it is still an entity that is not fully recognised as a state by the international community. The case of Kosovo is not only used for political and strategic purposes, such as the annexation of Crimea by the Russian Federation, which is illegal from the point of view of international law, but it also functions as an example of a positive, ‘successful experiment’ by the UN in the context of supporting the emergence of an independent, democratic post-conflict state. However, the lack of full international recognition of this independence is indicative of the lack of a unified position on the development direction of Kosovo and its legal status.

  • Issue Year: 154/2024
  • Issue No: 2
  • Page Range: 333 - 350
  • Page Count: 18
  • Language: English
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