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The 2008 Kosovo declaration of independence, which proclaimed the Republic of Kosovo to be a state independent from
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
, was adopted at a meeting held on 17 February 2008 by 109 out of the 120 members of the Assembly of Kosovo, including the Prime Minister of Kosovo, Hashim Thaçi, and by the President of Kosovo, Fatmir Sejdiu (who was not a member of the Assembly). It was the second declaration of independence by Kosovo's Albanian-majority political institutions; the first was proclaimed on 7 September 1990. The legality of the declaration has been disputed.
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
sought international validation and support for its stance that the declaration was illegal, and in October 2008 requested an advisory opinion from the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...
. The Court determined that the declaration did not violate international law, because a group of people declared independence called the representatives of the people of Kosovo ( sq, Udhëheqësit e popullit tonë, të zgjedhur në mënyrë demokratike), opposed to UNSCR 1244 in which is stated that Kosovo is a province of Serbia. However, the declaration violates the eighth article of the Constitution of Serbia. Hence, it is illegal in Serbian constitutional law. As a result of the ICJ decision, a joint Serbia–EU resolution was passed in the
United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
which called for an EU-facilitated dialogue between Belgrade and Pristina to "promote cooperation, achieve progress on the path to the European Union and improve the lives of the people." The dialogue resulted in the 2013 Brussels deal between Belgrade and Pristina which abolished all of the Republic of Serbia's institutions in Kosovo. Dejan Pavićević is the official representative of Government of Serbia in Pristina. Valdet Sadiku is the official representative of Kosovo to Serbia.


History


Background

The Province of Kosovo took shape in 1945 as the Autonomous Region of Kosovo and Metohija within Socialist Yugoslavia, as an
autonomous region An autonomous administrative division (also referred to as an autonomous area, entity, unit, region, subdivision, or territory) is a subnational administrative division or internal territory of a sovereign state that has a degree of autonomy� ...
within the People's Republic of Serbia. Initially a ceremonial entity, more power was devolved to Kosovan authorities with each constitutional reform. In 1968 it became the Socialist Autonomous Province of Kosovo and in 1974 new constitution enabled the province to function at every administrative level independently of its host republic within Yugoslavia. Increasing ethnic tension throughout Yugoslavia in the late 1980s amid rising nationalism among its nations eventually led to a decentralised state: this facilitated Serbian President Slobodan Milošević in effectively terminating the privileges awarded to the Kosovar assembly in 1974. The move attracted criticism from the leaderships of the other Yugoslav republics but no higher authority was in place to reverse the measure. In response to the action, the Kosovo Assembly voted on 2 July 1990 to declare Kosovo an independent state, and this received recognition from Albania. A
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
and harsh security rules were subsequently imposed against Kosovo's Albanians following mass protests. The Albanians established a "parallel state" to provide education and social services while boycotting or being excluded from Yugoslav institutions. Kosovo remained largely quiet through the
Yugoslav wars The Yugoslav Wars were a series of separate but related Naimark (2003), p. xvii. ethnic conflicts, wars of independence, and insurgencies that took place in the SFR Yugoslavia from 1991 to 2001. The conflicts both led up to and resulted from ...
. The severity of the Yugoslav government in Kosovo was internationally criticised. In 1996, the Kosovo Liberation Army (KLA) began attacking federal security forces. The conflict escalated until Kosovo was on the verge of all-out war by the end of 1998. In January 1999,
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two N ...
warned that it would intervene militarily against Yugoslavia if it did not agree to the introduction of an international peacekeeping force and the establishment of local government in Kosovo. Subsequent peace talks failed and from 24 March to 11 June 1999, NATO carried out an extensive bombing campaign against FR Yugoslavia including targets in Kosovo itself. The war ended with Milošević agreeing to allow peacekeepers into Kosovo and withdrawing all security forces so as to transfer governance to the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
.


Build-up

A NATO-led Kosovo Force (
KFOR KFOR may refer to: * KFOR (AM), a radio station (1240 AM) licensed to Lincoln, Nebraska, United States * KFOR-TV, a television station (channel 4 analog/27 digital) licensed to Oklahoma City, Oklahoma, United States * KFOR-TV (Nebraska), a defun ...
) entered the province following the
Kosovo War The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the war ...
, tasked with providing security to the UN Mission in Kosovo ( UNMIK). Before and during the handover of power, an estimated 100,000 Serbs and other non-Albanians, mostly Gypsies, fled the province for fear of reprisals. In the case of the non-Albanians, the Gypsies in particular were regarded by many Albanians as having assisted federal forces during the war. Many left along with the withdrawing security forces, expressing fears that they would be targeted by returning Albanian refugees and KLA fighters who blamed them for wartime acts of violence. Thousands more were driven out by intimidation, attacks and a wave of crime after the war. Large numbers of refugees from Kosovo still live in temporary camps and shelters in Serbia proper. In 2002, Serbia and Montenegro reported hosting 277,000 internally displaced people (the vast majority being Serbs and Roma from Kosovo), which included 201,641 persons displaced from Kosovo into Serbia proper, 29,451 displaced from Kosovo into Montenegro, and about 46,000 displaced within Kosovo itself, including 16,000 returning refugees unable to inhabit their original homes. Some sources put the figure far lower. In 2004 the European Stability Initiative estimated the number of displaced people as being only 65,000, with 130,000 Serbs remaining in Kosovo, though this would leave a significant proportion of the pre-1999 ethnic Serb population unaccounted-for. The largest concentration of ethnic Serbs in Kosovo is in the north of the province above the Ibar river, but an estimated two-thirds (75,000) of the Serbian population in Kosovo continue to live in the Albanian-dominated south of the province. In March 2004, there was a serious inter-ethnic clash between Kosovo Albanians and Kosovo Serbs that led to 27 deaths and significant property destruction. The unrest was precipitated by misleading reports in the Kosovo Albanian media which falsely claimed that three Kosovo Albanian boys had drowned after being chased into the Ibar River by a group of Kosovo Serbs. UNMIK peacekeepers and
KFOR KFOR may refer to: * KFOR (AM), a radio station (1240 AM) licensed to Lincoln, Nebraska, United States * KFOR-TV, a television station (channel 4 analog/27 digital) licensed to Oklahoma City, Oklahoma, United States * KFOR-TV (Nebraska), a defun ...
troops failed to contain a raging gun battle between Serbs and Albanians. The Serbian Government called the events ''the March
Pogrom A pogrom () is a violent riot incited with the aim of massacring or expelling an ethnic or religious group, particularly Jews. The term entered the English language from Russian to describe 19th- and 20th-century attacks on Jews in the Russian ...
''. International negotiations began in 2006 to determine the final status of Kosovo, as envisaged under UN Security Council Resolution 1244 which ended the Kosovo conflict of 1999. Serbia's continued sovereignty over Kosovo was recognised internationally. The vast majority of the province's population sought independence.


Declaration of 2008–present

The 2008 declaration was a product of failed negotiations concerning the adoption of the
Ahtisaari plan The Ahtisaari Plan, formally the Comprehensive Proposal for the Kosovo Status Settlement (CSP), is a status settlement proposed by former President of Finland Martti Ahtisaari covering a wide range of issues related to the status of Kosovo. Some of ...
, which broke down in the fall of 2007. The plan, prepared by the UN Special Envoy and former President of Finland,
Martti Ahtisaari Martti Oiva Kalevi Ahtisaari (; born 23 June 1937) is a Finnish politician, the tenth president of Finland (1994–2000), a Nobel Peace Prize laureate, and a United Nations diplomat and mediator noted for his international peace work. Ahti ...
, stipulated a sort of supervised independence for Kosovo, without expressly using the word "independence" among its proposals. Under the plan, Kosovo would gain self-governance under the supervision of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
, and become obligated to expressly protect its minorities' rights by means of a
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
and a representative government. Kosovo would be accorded its own national symbols such as a flag and a
coat of arms A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its ...
, and be obligated to carry out border demarcation on the Kosovo- Republic of North Macedonia border. The Albanian negotiators supported the Ahtisaari plan essentially in whole, and the plan gained the backing of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
and of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
. However,
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
and
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
rejected it outright, and no progress was possible on the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
front. Faced with no progress on negotiations in sight, the Kosovars decided to unilaterally proclaim the Republic of Kosovo, obligating themselves in the process to follow the Ahtisaari plan's provisions in full. As of mid-April 2008, this has largely been the case, with the new Republic adopting a constitution written by local and international scholars protecting minority rights and providing for a representative government with guaranteed ethnic representation, which law is to take effect on 15 June 2008. It also adopted some of its national symbols already, including the flag and coat of arms, while work continues on defining the anthem. It has also engaged, albeit with a delay, in the border demarcation talks with
North Macedonia North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Socialist Feder ...
, initially insisting on being recognised first, but dropping this condition later on. The 2008 Kosovo declaration of independence elicited mixed reaction internationally and a polarised one domestically, the latter along the division of Kosovo Serbs vs. the Kosovo Albanians. Accordingly, effective control in Kosovo has also fractured along these lines. After 13 years of international oversight, Kosovo's authorities formally obtained full unsupervised control of the region (less only North Kosovo) on 10 September 2012 when Western Powers terminated their oversight. The International Steering Group, in its final meeting with the authorities in Pristina, declared that the Comprehensive Proposal for the Kosovo Status Settlement, known as the Ahtisaari plan after its Finnish UN creator, had been substantially implemented. Nonetheless, as of November 2015, United Nations Interim Administration Mission in Kosovo still functions, albeit at a greatly reduced capacity.


Political background

After the end of the
Kosovo War The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the war ...
in 1999, the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, ...
adopted Resolution 1244 to provide a framework for Kosovo's interim status. It placed Kosovo under transitional UN administration, demanded a withdrawal of Serbian security forces from Kosovo and envisioned an eventual UN-facilitated political process to resolve the status of Kosovo. In February 2007,
Martti Ahtisaari Martti Oiva Kalevi Ahtisaari (; born 23 June 1937) is a Finnish politician, the tenth president of Finland (1994–2000), a Nobel Peace Prize laureate, and a United Nations diplomat and mediator noted for his international peace work. Ahti ...
delivered a draft status settlement proposal to leaders in
Belgrade Belgrade ( , ;, ; names in other languages) is the capital and largest city in Serbia. It is located at the confluence of the Sava and Danube rivers and the crossroads of the Pannonian Plain and the Balkan Peninsula. Nearly 1,166,763 mi ...
and
Pristina Pristina, ; sr, / (, ) is the capital and largest city of Kosovo. The city's municipal boundaries in District of Pristina, Pristina District form the largest urban center in Kosovo. After Tirana, Pristina has the second largest population o ...
, the basis for a draft UN Security Council Resolution which proposed 'supervised independence' for the province. By early July 2007 a draft resolution, backed by the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
and the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
members of the Security Council, had been rewritten four times to try to accommodate Russian concerns that such a resolution would undermine the principle of state sovereignty. However, it had still not found agreement. Russia, which holds a veto in the Security Council as one of five permanent members, stated that it would not support any resolution which was not acceptable to both Serbia and the Kosovo Albanians. While most observers had, at the beginning of the talks, anticipated independence as the most likely outcome, others suggested that a rapid resolution might not be preferable. The talks finally broke down, late 2007 with the two sides remaining far apart, with the minimum demands of each side being more than the other was willing to accept. At the turn of 2008, the media started reporting that the Kosovo Albanians were determined to proclaim independence. This came at the time when the ten-year anniversary of the Kosovo War was looming (with the five-year anniversary being marked by violent unrest); the U.S. President George W. Bush was in his last year in power and not able to seek re-election; and two nations which had previously seceded from Yugoslavia were in important political positions (Slovenia presiding over the EU and Croatia an elected member of the
UN Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
). The proclamation was widely reported to have been postponed until after the
2008 Serbian presidential election Presidential elections were held in Serbia on January 20 and February 3, 2008. Incumbent President Boris Tadić was re-elected as president in the second round with 51% of the vote, defeating challenger Tomislav Nikolić. The elections for pres ...
, held on 20 January and 3 February, given that Kosovo was an important topic of the election campaign.


Adoption and terms of the declaration of independence

''"We, the democratically elected leaders of our people, hereby declare Kosovo to be an independent and sovereign state. This declaration reflects the will of our people and it is in full accordance with the recommendations of UN Special Envoy Martti Ahtisaari and his Comprehensive Proposal for the Kosovo Status Settlement. We declare Kosovo to be a democratic, secular and multi-ethnic republic, guided by the principles of non-discrimination and equal protection under the law."'' The declaration of independence was made by members of the Kosovo Assembly as well as by the President of Kosovo meeting in
Pristina Pristina, ; sr, / (, ) is the capital and largest city of Kosovo. The city's municipal boundaries in District of Pristina, Pristina District form the largest urban center in Kosovo. After Tirana, Pristina has the second largest population o ...
, the capital of Kosovo, on 17 February 2008. It was approved by a unanimous quorum, numbering 109 members. Eleven deputies representing the Serbian national minority boycotted the proceedings. All nine other ethnic minority representatives were part of the quorum. The terms of the declaration state that Kosovo's independence is limited to the principles outlined by the
Ahtisaari plan The Ahtisaari Plan, formally the Comprehensive Proposal for the Kosovo Status Settlement (CSP), is a status settlement proposed by former President of Finland Martti Ahtisaari covering a wide range of issues related to the status of Kosovo. Some of ...
. It prohibits Kosovo from joining any other country, provides for only a limited military capability, states that Kosovo will be under international supervision and provides for the protection of minority ethnic communities.Kosovo MPs proclaim independence
, BBC News Online, 17 February 2008
The original papyrus version of the declaration signed that day is in the Albanian language.Declaration of Vice-President Tomka, Judge of the International Court of Justice, concerning the Opinion given by the ICJ concerning the Kosovo declaration of independence The Albanian text of the declaration is the sole authentic text.


International disputes


Legality of the declaration

On 18 February 2008 the
National Assembly of the Republic of Serbia The National Assembly ( sr-cyr, Народна скупштина, Narodna skupština, ) is the unicameral legislature of Serbia. The assembly is composed of 250 deputies who are proportionally elected to four-year terms by secret ballot. The ...
declared Kosovo's declaration of independence as null and void per the suggestion of the
Government of the Republic of Serbia The Government of Serbia ( sr, Влада Србије, Vlada Srbije), formally the Government of the Republic of Serbia ( sr, Влада Републике Србије, Vlada Republike Srbije), commonly abbreviated to Serbian Government ( sr, � ...
, after the Constitutional Court of the Republic of Serbia deemed the act illegal arguing it was not in coordination with the UN Charter, the Constitution of Serbia, the Helsinki Final Act, UN Security Council Resolution 1244 (including the previous resolutions) and the Badinter Commission. According to writer Noel Malcolm, the 1903 constitution was still in force at the time that Serbia annexed Kosovo during the
First Balkan War The First Balkan War ( sr, Први балкански рат, ''Prvi balkanski rat''; bg, Балканска война; el, Αʹ Βαλκανικός πόλεμος; tr, Birinci Balkan Savaşı) lasted from October 1912 to May 1913 and invo ...
. He elaborates that this constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, he argues, Kosovo should not have become part of the Kingdom of Serbia. It was initially ruled by decree. The Contact Group had issued in 2005 the Guiding Principles upon which the final status of Kosovo shall be decided.


Precedent or special case

Recognition of Kosovo's independence is controversial. A number of countries fear that it is a precedent, affecting other contested territories in Europe and non-European parts of the former Soviet Union, such as Abkhazia and South Ossetia. The text of Kosovo's declaration of independence addressed this issue by stating "...Observing that Kosovo is a special case arising from Yugoslavia's non-consensual breakup and is not a precedent for any other situation, Recalling the years of strife and violence in Kosovo, that disturbed the conscience of "all civilized people"..." However, Ted Galen Carpenter of the
Cato Institute The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Ind ...
stated the view of Kosovo being '' sui generis'' and setting no precedent is "extraordinarily naïve". Archived by WebCite at .


United Nations involvement

The newly proclaimed republic has not been seated at the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
, as it is generally believed that any application for UN membership would be vetoed by Russia.Russia's options limited for Kosovo retaliation"
''San Diego Union-Tribune'', 15 February 2008
Russia vowed to oppose Kosovo's independence with a "plan of retaliation". Serbia has likewise proactively declared the annulment of Kosovo's independence and vowed to oppose Kosovo's independence with a package of measures intended to discourage the international recognition of the republic. On 8 October 2008, the UN General Assembly voted to refer Kosovo's independence declaration to the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...
; 77 countries voted in favour, 6 against and 74 abstained. The ICJ was asked to give an advisory opinion on the legality of Kosovo's declaration of independence from Serbia in February. The court delivered its advisory opinion on 2010; by a vote of 10 to 4, it declared that "the declaration of independence of the 17th of February 2008 did not violate general
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
because international law contains no 'prohibition on declarations of independence'."


Reactions to the declaration of independence


Reactions in Kosovo


Kosovo Albanians

Ethnic Albanians in Kosovo greeted the news with celebration.


Kosovo Serbs

The bishop of the
Serbian Orthodox Church in Kosovo The Serbian Orthodox Church in Kosovo is the second largest religious denomination after Islam. It has 100,000-120,000 followers in Kosovo, predominantly made up of the Kosovo Serbs, who mostly live in the North Kosovo region and in some enclaves ...
, Artemije Radosavljević, reacted in anger, stating that Kosovo's independence was a "temporary state of occupation", and that "Serbia should buy state of the art weapons from Russia and other countries and call on Russia to send volunteers and establish a military presence in Serbia." In North Kosovo, a UN building housing a courthouse and jail was attacked by a hand grenade, causing slight damage but no casualties. An unexploded grenade was found across the street, near a hotel that houses EU officials. An explosive device was detonated in Mitrovica, damaging two vehicles. No casualties or injuries were reported. Serb protestors in Kosovo set fire to two border crossings on Kosovo's northern border. Both crossings are staffed by Kosovar and UNMIK police. No injuries were reported in the attacks, but the police withdrew until
KFOR KFOR may refer to: * KFOR (AM), a radio station (1240 AM) licensed to Lincoln, Nebraska, United States * KFOR-TV, a television station (channel 4 analog/27 digital) licensed to Oklahoma City, Oklahoma, United States * KFOR-TV (Nebraska), a defun ...
soldiers arrived. A Japanese journalist wearing a UN uniform was beaten by Serbs in northern Mitrovica. Hundreds of Serbs protested in the Kosovo town of Mitrovica on 22 February, which was somewhat peaceful aside from some stone-throwing and a little fighting. On 14 March 2008 Serb protesters forcibly occupied the UN courthouse in the northern part of Kosovska Mitrovica. On 17 March, UNMIK peacekeepers and KFOR troops entered the courthouse to end the occupation. In the following clashes with several hundred protesters one Ukrainian UNMIK police officer was killed, over 50 persons on each side were wounded and one UNMIK and one KFOR vehicle were torched. The UNMIK police withdrew from northern Mitrovica leaving KFOR troops to maintain order. The
Community Assembly of Kosovo and Metohija The Assembly of the Community of Municipalities of the Autonomous Province of Kosovo and Metohija ( sr, / ), was the assembly of the association of local governments created by the municipal authorities in Kosovo elected in the May 11, 2008 muni ...
first met on 28 June 2008, to coordinate Serb responses to the new government.


Serbian reaction

Official reaction by the Government of Serbia included instituting pre-emptively on 12 February 2008 an Action Plan, which stipulated, among other things, recalling the Serbian ambassadors for consultations in protest from any state recognising Kosovo, ''The economic team for Kosovo and Metohija and the South of Serbia'', 20 February 2008. Retrieved 2008-03-25. issuing arrest warrants for Kosovo leaders for high treason, and even dissolving the government on grounds of lack of consensus to deal with Kosovo, with new elections scheduled for 11 May 2008, as well as a rogue minister proposing partitioning
Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a international recognition of Kosovo, partiall ...
along ethnic lines, which initiative was shortly thereafter disavowed by the full Government, as well as the President. Late in March the government disclosed its intent to litigate the issue at the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...
and seek support at the
United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
in September 2008. The Prime Minister of Serbia, Vojislav Koštunica, has blamed the United States for being "ready to violate the international order for its own military interests" and stated that "Today, this policy of force thinks that it has triumphed by establishing a false state. ..As long as the Serb people exist, Kosovo will be Serbia."
Slobodan Samardžić Slobodan Samardžić ( sr-cyr, Слободан Самарџић) is a Serbian academic and politician who served as the Minister for Kosovo and Metohija from 2007 to 2008. Early years and education Samardžić was born in Belgrade in 1953 to Bo ...
, the Serb minister for Kosovo, stated that, "A new country is being established by breach of international law ..It's better to call it a fake country." However, the Serbian government says they will not respond with violence.U.S. recognizes independent Kosovo
CNN, 18 February 2008
On 17 February, about 2,000 Serbs protested at the United States Embassy in Belgrade, with some throwing stones and firecrackers at the building before being driven back by riot police. Protestors also broke windows of the embassy of
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, and ...
, the state that controlled the EU presidency. In
Belgrade Belgrade ( , ;, ; names in other languages) is the capital and largest city in Serbia. It is located at the confluence of the Sava and Danube rivers and the crossroads of the Pannonian Plain and the Balkan Peninsula. Nearly 1,166,763 mi ...
and
Novi Sad Novi Sad ( sr-Cyrl, Нови Сад, ; hu, Újvidék, ; german: Neusatz; see below for other names) is the second largest city in Serbia and the capital of the autonomous province of Vojvodina. It is located in the southern portion of the P ...
,
McDonald's McDonald's Corporation is an American multinational fast food chain, founded in 1940 as a restaurant operated by Richard and Maurice McDonald, in San Bernardino, California, United States. They rechristened their business as a hambur ...
restaurants were damaged by protestors. The Serbian division of U.S. Steel, based in
Smederevo Smederevo ( sr-Cyrl, Смедерево, ) is a city and the administrative center of the Podunavlje District in eastern Serbia. It is situated on the right bank of the Danube, about downstream of the Serbian capital, Belgrade. According t ...
, had a false bomb threat called in. The Crown Council of
House of Karadjordjevic A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air cond ...
, a former royal family of Serbia and Yugoslavia, rejected Kosovo's declaration of independence, saying that: "Europe had diminished its own morale, embarrassed its own history and shown that it carries within its organism the virus of its own downfall", and that "it is a defeat of the idea of democracy... a defeat of the universally accepted rules of international law", and that a "part of the project of
Mussolini Benito Amilcare Andrea Mussolini (; 29 July 188328 April 1945) was an Italian politician and journalist who founded and led the National Fascist Party. He was Prime Minister of Italy from the March on Rome in 1922 until Fall of the Fascist re ...
and
Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
has finally been accomplished, in the territory of Serbia". On 21 February, there were large demonstrations by Serbs in Belgrade. There were more than 500,000 protesters. Most protesters were non-violent, but small groups attacked the United States and Croatian embassies. A group broke into The United States embassy, set it on fire, and attempted to throw furniture through the windows. The embassy was empty, except for security personnel. No embassy staff were injured, but a corpse was found; embassy spokeswoman Rian Harris stated that the embassy believes it to be an attacker. Police took 45 minutes to arrive at the scene, and the fire was only then put out. US ambassador to the UN
Zalmay Khalilzad Zalmay Mamozy Khalilzad ( ps, ځلمی خلیل زاد, prs, زلمی خلیل‌زاد; born March 22, 1951) is an Afghan-American diplomat and foreign policy expert. Khalilzad was appointed by President Donald J. Trump to serve as U.S. Speci ...
was "outraged", and requested the UN Security Council immediately issue a statement "expressing the council's outrage, condemning the attack, and also reminding the Serb government of its responsibility to protect diplomatic facilities." The damage to the Croatian embassy was less serious. The Turkish and British embassies were also attacked, but police were able to prevent damage. The interior of a McDonald's was damaged. A local clinic admitted 30 injured, half of whom were police; most wounds were minor. The Security Council responded to these incidents by issuing a unanimous statement that, "The members of the Security Council condemn in the strongest terms the mob attacks against embassies in Belgrade, which have resulted in damage to embassy premises and have endangered diplomatic personnel," noting that the 1961 Vienna Convention requires host states to protect embassies. On 22 February, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
embassy A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state. In practice, the phrase usually den ...
in Serbia ordered the temporary evacuation of all non-essential personnel, after the protests and attacks on the embassy. Rian Harris, a U.S. embassy spokeswoman, explained the evacuation to AFP saying that "Dependents are being temporarily ordered to depart Belgrade. We do not have confidence that Serbian authorities can provide security for our staff members."


Reactions in the former Yugoslavia

On 23 February, 44 protesters were arrested after burning the Serbian flag, in the main square of
Zagreb Zagreb ( , , , ) is the capital (political), capital and List of cities and towns in Croatia#List of cities and towns, largest city of Croatia. It is in the Northern Croatia, northwest of the country, along the Sava river, at the southern slop ...
(
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
), following Serb protesters attacking the Croatian embassy in
Belgrade Belgrade ( , ;, ; names in other languages) is the capital and largest city in Serbia. It is located at the confluence of the Sava and Danube rivers and the crossroads of the Pannonian Plain and the Balkan Peninsula. Nearly 1,166,763 mi ...
,
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
. Hundreds of Bosnian Serb demonstrators broke away from a peaceful rally in
Banja Luka Banja Luka ( sr-Cyrl, Бања Лука, ) or Banjaluka ( sr-Cyrl, Бањалука, ) is the second largest city in Bosnia and Herzegovina and the largest city of Republika Srpska. Banja Luka is also the ''de facto'' capital of this entity. ...
on 26 February 2008 and headed for the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
Embassy's office there, clashing with police along the way. In Montenegro, protests were held in Podgorica on 19 February. Protesters waved flags of the Serb People's Party and the Serbian Radical Party. Serb parties led by the Serb List are calling for a protest on 22 February to protest the independence bid.


International reaction

Unlike the
1990 Kosovo declaration of independence The Republic of Kosova ( sq, Republika e Kosovës) or First Republic of Kosovo was a self-declared proto-state in Southeastern Europe established in 1991. During its peak, it tried to establish its own parallel political institutions in oppo ...
, which only
Albania Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and share ...
recognised, Kosovo's second declaration of independence has received 111 diplomatic recognitions, of which 15 have been withdrawn. As of 4 September 2020, 97 out of ()
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
(UN) member states have recognised Kosovo. However, many states have also showed their opposition to Kosovo's declaration of independence, most notably
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
,
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
and
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
. Serbia announced before the declaration that it would withdraw its ambassador from any state which recognised independent Kosovo. Serbia, however, maintains embassies in many countries which recognise Kosovo, including Albania, Canada, Croatia, France, Germany, Hungary, Italy, Japan, the Netherlands, Norway, South Korea, Turkey, the UAE, the UK, and the US.


Reaction within the European Union

On 18 February 2008 the EU presidency announced after a day of intense talks between foreign ministers that member countries were free to decide individually whether to recognise Kosovo's independence. The majority of EU member states have recognised Kosovo, but Cyprus, Greece, Romania, Slovakia and Spain have not. Some Spanish people (scholars or from the Spanish Government or opposition parties) challenged the comparison made by the Basque Government that way of Kosovo's independence could be a path for the independence of the Basque Country and
Catalonia Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a '' nationality'' by its Statute of Autonomy. Most of the territory (except the Val d'Aran) lies on the no ...
. Shortly before Kosovo's declaration of independence, the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
approved deployment of a non-military 2,000-member Rule of Law mission, "
EULEX The European Union Rule of Law Mission in Kosovo, known as EULEX Kosovo or simply as EULEX,About EULEX
accessed 15 Ja ...
", to develop further Kosovo's police and justice sector. All twenty-seven members of the EU approved the EULEX mandate, including the minority of EU countries that have still not recognised Kosovo's independence. Serbia has claimed that this is an occupation and that the EU's move is illegal.


Outside the EU

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
president George W. Bush welcomed the declaration of independence as well as its proclamation of friendship with Serbia, stating: "We have strongly supported the
Ahtisaari plan The Ahtisaari Plan, formally the Comprehensive Proposal for the Kosovo Status Settlement (CSP), is a status settlement proposed by former President of Finland Martti Ahtisaari covering a wide range of issues related to the status of Kosovo. Some of ...
mplying Kosovo's independence … We are heartened by the fact that the Kosovo government has clearly proclaimed its willingness and its desire to support Serbian rights in Kosovo. We also believe it's in Serbia's interests to be aligned with Europe and the Serbian people can know that they have a friend in America."In quotes: Kosovo reaction
BBC News Online, 17 February 2008; https://web.archive.org/web/20080306100251/http://www.whitehouse.gov/news/releases/2008/02/20080217.html
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
reacted with condemnation, stating they "expect the UN mission and NATO-led forces in Kosovo to take immediate action to carry out their mandate ..including the annulling of the decisions of Pristina's self-governing organs and the taking of tough administrative measures against them." In Tirana, the capital of
Albania Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and share ...
, ' Kosovo Day' was held as a celebration, and a square in central Tirana was named for this occasion. Turkish
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Tayyip Erdoğan Tayyip () is a Turkish given name for males. Tayyip may refer to: * Recep Tayyip Erdoğan Recep Tayyip Erdoğan (born 26 February 1954) is a Turkish politician serving as the 12th and current president of Turkey since 2014. He previously ...
phoned
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Hashim Thaçi, commenting on the declaration of independence, and that it "will bring to
Balkans The Balkans ( ), also known as the Balkan Peninsula, is a geographical area in southeastern Europe with various geographical and historical definitions. The region takes its name from the Balkan Mountains that stretch throughout the who ...
peace and stability".Ankara'dan Kosova'ya jest
, Zaman Newspaper, 18 February 2008 (in
Turkish language Turkish ( , ), also referred to as Turkish of Turkey (''Türkiye Türkçesi''), is the most widely spoken of the Turkic languages, with around 80 to 90 million speakers. It is the national language of Turkey and Northern Cyprus. Significant sma ...
)
The Republic of China's (commonly known as Taiwan; non-UN member) Foreign Ministry stated "We congratulate the Kosovo people on their winning independence and hope they enjoy the fruits of democracy and freedom. ..Democracy and self-determination are the rights endorsed by the United Nations. The Republic of China always supports sovereign countries' seeking democracy, sovereignty and independence through peaceful means." Taiwan's political rival, the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
, responded quickly, saying that "Taiwan, as a part of China, has no right and qualification at all to make the so-called recognition". Amongst
Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical south-eastern region of Asia, consisting of the regions that are situated south of mainland ...
n countries where Muslim separatist movements were active in at least three states,
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Gui ...
, with the world's largest Muslim population, deferred recognition of an independent Kosovo, while the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
declared it will not oppose, nor support Kosovo's independence. Both countries face pressures from Muslim separatist movements within their territories, notably Aceh and southern
Mindanao Mindanao ( ) ( Jawi: مينداناو) is the second-largest island in the Philippines, after Luzon, and seventh-most populous island in the world. Located in the southern region of the archipelago, the island is part of an island group of ...
respectively.
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making ...
expressed opposition, while
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
reported that it was still studying the situation.
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federal constitutional monarchy consists of thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Mal ...
, which headed the
Organisation of the Islamic Conference An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose. The word is derived from ...
at the time, formally recognized Kosovo's sovereignty three days after its independence.
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
n
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Kevin Rudd backed Kosovan independence on the morning of 18 February, saying "This would appear to be the right course of action. That's why, diplomatically, we would extend recognition at the earliest opportunity."
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
's Former
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
Helen Clark Helen Elizabeth Clark (born 26 February 1950) is a New Zealand politician who served as the 37th prime minister of New Zealand from 1999 to 2008, and was the administrator of the United Nations Development Programme from 2009 to 2017. She was ...
said that New Zealand would neither recognise nor not recognise an independent Kosovo. Pro-Independence rallies were held by ethnic Albanians in Canada in the days leading up to the declaration. On 9 November 2009 New Zealand formally recognised Kosovo's independence. The President of Northern Cyprus (a state not recognised by the UN), Mehmet Ali Talat, saluted the independence of Kosovo and hopes that the state is respected and assisted, in staunch opposition to the position of the Republic of Cyprus.


United Nations

Following a request from
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
, the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, ...
held an emergency session in the afternoon of 17 February 2008. The
United Nations Secretary-General The secretary-general of the United Nations (UNSG or SG) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the six principal organs of the United Nations. The role of the secretary- ...
, Ban Ki-moon, issued a statement that avoided taking sides and urged all parties "to refrain from any actions of statements that could endanger peace, incite violence or jeopardize security in Kosovo or the region." Speaking on behalf of six countries—
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
,
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
—the Belgian ambassador expressed regret "that the Security Council cannot agree on the way forward, but this impasse has been clear for many months. Today's events... represent the conclusion of a status process that has exhausted all avenues in pursuit of a negotiated outcome."


ICJ ruling

On 22 July 2010 the International Court of Justice ruled that the declaration did not violate international law, holding that the authors were acting in their capacity as representatives of the people of Kosovo outside the framework of the interim administration (the Assembly of Kosovo and the Provisional Institutions of Self-Government), and were therefore not bound by the Constitutional Framework (promulgated by UNMIK) or by UNSCR1244 that is addressed only to United Nations Member States and
organs of the United Nations The United Nations System consists of the United Nations' six principal organs (the General Assembly, Security Council, Economic and Social Council (ECOSOC), Trusteeship Council, International Court of Justice (ICJ), and the UN Secretariat) ...
. Prior to the announcement Hashim Thaçi said there would be no "winners or losers" and that "I expect this to be a correct decision, according to the will of Kosovo's citizens. Kosovo will respect the advisory opinion." For his part, Boris Tadić, the Serbian president, warned that "If the International Court of Justice sets a new principle, it would trigger a process that would create several new countries and destabilise numerous regions in the world."


See also

* Constitutional status of Kosovo *
Foreign relations of Kosovo Foreign relations of Kosovo are accomplished by efforts of the Ministry of Foreign Affairs of Kosovo. Kosovo operates 33 embassies abroad and is host to 22 embassies in Pristina. Kosovo has membership in several international organisations. On ...
* Kosovo Independence Day * List of states with limited recognition


References


Further reading

*Fierstein, Daniel. "Kosovo's Declaration of Independence: An Incident Analysis of Legality, Policy and Future Implications." BU Int'l LJ 26 (2008): 417. *Jovanovic, Milos. "Recognition of Kosovo independence as a violation of international law." Annals Fac. L. Belgrade Int'l Ed. 3 (2008): 108. *Warbrick, Colin. "I. Kosovo: The Declaration of Independence." International and Comparative Law Quarterly 57.03 (2008): 675–690. *Orakhelashvili, Alexander. "Statehood, recognition and the United Nations system: a unilateral declaration of independence in Kosovo." Max Planck Yearbook of United Nations Law 12.1 (2008). *Vidmar, Jure. "International Legal Responses to Kosovo's Declaration of Independence." Vand. J. Transnat'l L. 42 (2009): 779.


External links


BBC profile

Assembly of Kosovo: Kosovo Declaration of Independence
Pristina, 17 February 2008.

Feb 18, 2008 RIA Novosti.
Kosovo Thanks You Portal

Kosovo Young Europeans Campaign

Kosovo Compromise Portal

Kosovo – a timeline of independence
Feb 17, 2008, The Sofia Echo
Kosovo, a testing ground for giants
17 March 2008,
Turkish Daily News Turkish may refer to: *a Turkic language spoken by the Turks * of or about Turkey ** Turkish language *** Turkish alphabet ** Turkish people, a Turkic ethnic group and nation *** Turkish citizen, a citizen of Turkey *** Turkish communities and mi ...
{{DEFAULTSORT:2008 Kosovo Declaration Of Independence *
Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a international recognition of Kosovo, partiall ...
Declaration of independence History of the Republic of Kosovo February 2008 events in Europe