Petrov: Daily violations of Resolution 1244 do not call into question its legal validity

Professor of Law at the University of Belgrade, Vladan Petrov, says for Kosovo Online that UN Security Council Resolution 1244 is not a historically exhausted document and that it is in the interest of all countries with similar problems to Serbia regarding Kosovo. He emphasizes that it appeals to the most important, fundamental principles and values of the United Nations Charter.

“This is not a historically exhausted document, and in no way can it be considered a historical document. For it to become such, a resolution of entirely different content would need to be adopted, which is not possible without two factors: our abandonment of what is written in it, primarily concerning the sovereignty and territorial integrity of the former Federal Republic of Yugoslavia, now Serbia, and of course the external factor - all relevant international actors who today strongly fight for the preservation of these universal principles on which the United Nations Charter is based. So, the violations of this document, which are unfortunately almost daily, in no way question its legal validity and soundness,” Petrov says.

Speaking about the key points of Resolution 1244, he emphasizes that, first and foremost, it calls for the respect of sovereignty and territorial integrity, not only concerning the then Federal Republic of Yugoslavia but also as a general universal principle.

“What is also essential, and often obscured, is that Kosovo is in fact an integral part of the Republic of Serbia, and that according to this Resolution, it was provided with substantial autonomy and reasonable self-governance. Therefore, based on this document, there is no mention of the possibility of forming a state with full capacity, especially not with international legal subjectivity. The Resolution also stipulates the establishment of a United Nations mission, temporary civilian and military administration, demilitarization of the entire territory, and the disarmament of all extremist Albanian groups and armed forces, so it can in no way serve as a basis for the formation of a Kosovo army. Such a Resolution, which is a source of international law, absolutely excludes this,” Petrov emphasizes.

He further explains that the Resolution repeatedly states the goals that were to be achieved in the forthcoming period, as the entire situation as it was in 1999 was supposed to be temporary.

“After establishing peace, coexistence, security, and protection of human rights, all of which, unfortunately, are still absent in Kosovo 25 years later, a normal state was supposed to be established, which included the return of a certain number of members of the Army and police of today’s Republic of Serbia. Therefore, if we look at the content of the document, it shows that it was meant to be a legal basis for resolving the problem that arose, but within the framework of the territorial integrity and sovereignty of the then FRY, and today the legal successor, the Republic of Serbia,” the professor explains.

He sees Resolution 1244 as a "milestone" in Serbia’s legal and political path, from which, he says, no government ever has the right to deviate.

“It is simultaneously a legal bulwark for Kurti's regime and any future regime of so-called Kosovo, which will simply hit this bulwark but will not succeed in achieving the main legal and political goals related to solidifying the statehood of so-called Kosovo. This means that it is more than clear that so-called Kosovo will never enter the United Nations, and it is becoming increasingly clear that these attempts to enter regional and other international organizations, such as the Council of Europe, Interpol, and recently the European Conference of Constitutional Courts, are unsuccessful. This demonstrates the readiness, not only of the free world but also of the legally civilized world, to create a retreat from such attempts, which I believe will continue to be unsuccessful in the future,” Petrov says.

Asked whether Resolution 1244 can be changed against Serbia’s will, the professor says that this is not possible and that for several years pressure has been applied to Serbia in various diplomatic forms to first indirectly and tacitly, and then in the next step very clearly, recognize the full capacity and independence of Kosovo.

“Secondly, we must bear in mind the fact that every permanent member state of the Security Council has the right of veto, and there are states that today belong to the free world, our friends, who are simultaneously much stronger than at the time this Resolution was adopted. Also, there are indications from our side that we will work to become one of the non-permanent members of the Security Council. Therefore, all this gives a reason to be moderately optimistic and to truly believe that this Resolution will continue to exist for a long time as it is, because it is not only in the interest of the Republic of Serbia,” Petrov concludes.