Is Kosovo really an independent state?

On 17 February 2008, Kosovo's Prime Minister, Hashim Thaci unilaterally declared Kosovo independent of Serbia, finally fulfilling the long held Albanian dream of an independent state.  After nine years as a UN protectorate, Kosovo  - at least in the eyes of the Albanians and those countries which have recognised it - now has a defined status.  However, there are certain circumstances surrounding this declaration, which make its viability questionable.  Is Kosovo really an independent state as is claimed, with real sovereignty and genuine self-rule?

The most frequently raised issue is that of legality.  Regardless of whether or not one supports independence, there can be no doubt that Kosovo's independence is illegal, as it violates the Helsinki Final Act and UN Charter, according to which the borders of a state cannot be changed without its consent.  Kosovo's borders have been changed without Serbia's consent, and by doing so these fundamental pieces of international law have been violated.  The credibility of the United Nations as a leading world body has been undermined and challenged, as the declaration of independence and the imposition of the Ahtisaari Plan have taken place outside the jurisdiction of the UN and without it authorisation.  Although this is not the first time this has happened (both the NATO bombing of Yugoslavia in 1999 and the invasion of Iraq in 2003 were also carried out without UN authorisation), it does not mean that it is right to disregard the UN's authority and the established principles of international law, which are then applied only when it is convenient to do so.

Apart from the legal issue, there are other factors too, which call into question the notion of Kosovo's proclaimed independence.  To put it simply, Kosovo is not viable as a state, as at present it is incapable of standing on its own feet.  It has a weak government and a society infiltrated with organised crime.  Most significantly, it has a non-functioning economy with high unemployment, and relies almost entirely on foreign aid.  This is acknowledged by the international community, and is the reason why it was recommended that Kosovo's independence should be supervised.  Under the supervision plan, the powers of Kosovo's government will be limited, as the European Union will have wide-ranging powers, including the authority to override the government's decisions.

Although the USA and other Western powers - such as the UK, France and Germany - have recognised Kosovo, less than 40 out of 192 UN member states have done so.  Some countries have openly said that they will not recognise it (including big powers such as Russia and China), whilst others have not expressed an opinion.  Eighteen out of twenty-seven EU states have recognised Kosovo, whilst nine have not.  This is a sizeable minority, as it amounts to one third of the EU member states.  Taking the world as a whole, only a minority of countries have recognised Kosovo, and although more may eventually do so, it may not be enough to constitute a majority.  A state cannot claim to truly exist with only minority recognition.

The existence of Kosovo as an independent state is unauthorised by the UN, and remains unrecognised by the majority of the world's countries.  Kosovo is incapable of supporting itself, and requires such a substantial amount of international assistance, that it is effectively being run by the EU (and UNMIK whilst it remains there).  Kosovo has become a EU protectorate, and thus continues in a state of limbo.  Ironically, Kosovo would have had more control over itself if it had agreed to remain a part of Serbia.  It is clear that the status of Kosovo has not been resolved and it will be years before Kosovo can really call itself independent, if ever at all.  The declaration on 17 February was nothing more than meaningless words with no substance.  If Kosovo wants a proper status and genuine self-rule, then it should return to the negotiating table and find a solution acceptable to both itself and Serbia.

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