Although bloodshed is only a lingering memory, the Balkans remain embroiled in conflict. Debate over the status of Kosovo, which declared independence from Serbia on February 18, 2008, has brought tensions back to the region and presented a diplomatic challenge to the international community. Kosovo’s ethnic Albanian majority demanded independence and declared Kosovo a sovereign nation against Serbia’s will. Backed by the United States and several European Union nations, Kosovo has resisted further negotiations, claiming that its time for independence has come. Kosovo, however, should not be recognized as an independent state.

For one, recognizing Kosovo’s unilateral declaration of independence is a violation of international law. In 1999, after NATO intervened in the region, the UN Security Council passed Resolution 1244 and established a civilian UN administration in the province in order to maintain peace. Resolution 1244 explicitly declared the “commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia,” which is today called Serbia. Resolution 1244 also called for “an interim political framework agreement providing for substantial self-government for Kosovo,” while still insisting on “the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia.”

In addition to undermining legal norms, Kosovo’s independence could destabilize countries throughout the region, such as Bosnia and Macedonia, which are still recovering from the conflicts of the 1990s. Republika Srpska, the Serbian region of Bosnia, or the ethnic Albanians in western Macedonia could follow. Furthermore, instability and ethnic unrest may erupt in other parts of the world where ethnic minorities seek independence, from the Basques and Catalonians in Spain to the Kurds in Turkey and Iran. Kosovo’s independence has given fodder to declarations of independence in Transdniester in Moldova and South Ossetia in Georgia and will affect the fragile balance between Greeks and Turks in Cyprus.

Only under the auspices of the UN Security Council should the status of Kosovo be resolved. In accordance with the Security Council’s Resolution 1244, negotiations took place to create a long-term solution and provide Kosovo with autonomy. However, the U.S. and the EU repeatedly stated that the positions of the Albanians and Serbs were irreconcilable. Moreover, since the U.S. and some EU nations planned to recognize Kosovo’s independence regardless of the outcome of negotiations, ethnic Albanian negotiators thus had no incentive to compromise with the Serbian government.

And what of concessions Serbia made to Kosovo? Serbia offered Kosovo all the trappings of independence except the legal right to be a nation-state. Serbia proposed a variety of resolutions, from a loose confederacy to a “one state, two systems” proposal modeled on the relationship between China and Hong Kong. Serbia also offered Kosovo its own sports teams, flag, and government that could negotiate economic deals with other nations. The Serbian government repeatedly attempted to compromise, yet the U.S. and the EU continued to support the ethnic Albanian government of Kosovo, which refused to reconsider its demand for independence.

Kosovo’s leaders stated that the right to self-determination gave them the ability to declare independence. However, the ethnic Albanians in Kosovo already had a nation: Albania. Furthermore, the Albanian government of Kosovo and its Western allies repeatedly argued that the situation in Kosovo is unique, and is not an example for separatist regions in other parts of the globe. This, however, is unfounded, since these regions have already explicitly stated that they regard Kosovo’s situation as similar to their own. The president of Georgia, a nation with two separatist regions, has said publicly that “the process of recognizing Kosovo…means that our country will face a very serious storm.” The damaging effect independence will have on world stability should have outweighed the desires of the Kosovo’s Albanian people. Finally, we should remember that the Albanian majority in Kosovo already had complete autonomy—its own government, free education in its own language, and free health care. Therefore, Kosovo Albanians were not oppressed and their independence cannot be justified as “the way of rectifying the wrong.”

The status of Kosovo challenges established principles of the international community, including the sanctity of international law and the danger of ethnic unrest. Kosovo should not be an independent state because there was no consensus on its status by all sides. Only through such consensus will there be a true and lasting peace.

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