Prenkaj: Kosovo and Cyprus cases not comparable; international law applied differently

The potential resumption of negotiations on Cyprus cannot be compared with the Kosovo issue because international law and United Nations decisions have been applied differently in the two cases, diplomat Albert Prenkaj told Kosovo Online, adding that renewed engagement by U.S. President Donald Trump's administration could accelerate efforts to resolve the issue of the Serbian community in Kosovo.

He assessed that the resumption of negotiations on Cyprus was positive news and pointed out that the island state remains a full member of the European Union despite the division of the island.

"Cyprus is literally part of the European Union and, despite the northern part being under the administration of the Turkish Republic of Northern Cyprus (TRNC), which is recognized only by Türkiye and is largely dependent on its military control, it remains a full member of the Union. The Green Line was established in 1964 under the supervision of United Nations troops, pursuant to Security Council Resolution 186, and negotiations are expected to resume in 2027," Prenkaj said.

According to him, announcements by the United Nations and the European Union regarding diplomatic initiatives represent a positive signal.

"The announcement by United Nations Secretary-General Antonio Guterres on the launch of new negotiations, as well as the 'new momentum' from European Commission President Ursula von der Leyen with an EU Special Envoy, is good news. The 5+1 negotiation format includes the Greek Cypriot leader, the Turkish Cypriot leader, the United Nations Secretary-General, and representatives of Greece, Türkiye, and the United Kingdom," Prenkaj said.

He added that possible settlement models were being discussed in diplomatic circles.

"Possible outcomes being discussed include a solution based on two states within a deliberately loose federal arrangement, with a single international legal personality and narrowly defined common competences. By all indications, the aim is to preserve an internationally unified state structure with a single seat at the United Nations," he said.

Prenkaj assessed that comparisons between Cyprus and Kosovo were inappropriate and recalled that there had been attempts to equate the two cases.

"As for Kosovo, at the very beginning of the administration there were statements by UNMIK personnel who attempted to compare Cyprus with Kosovo, that is, the remainder of Yugoslavia with Kosovo under United Nations administration and with NATO troops acting as guarantors of peace," Prenkaj said.

Speaking about Kosovo's status under international law, he recalled the advisory opinion of the International Court of Justice and the subsequent United Nations General Assembly resolution.

"Let us recall that on July 22, 2010, the International Court of Justice issued an advisory opinion that Kosovo's declaration of independence did not violate general international law. Subsequently, on September 9, 2010, United Nations General Assembly Resolution 64/298 was adopted, welcoming the advisory opinion of the International Court of Justice and supporting the European Union-facilitated dialogue between Belgrade and Pristina," he said.

Prenkaj also recalled Martti Ahtisaari's plan and the process of international recognition of Kosovo.

"After Martti Ahtisaari, the United Nations Secretary-General's Special Envoy for the Vienna negotiations between representatives of Kosovo and Serbia, submitted his report on Kosovo's future status to the United Nations Secretary-General on March 26, 2007, recommending Kosovo's supervised independence under international oversight, but failed to persuade all members of the United Nations Security Council, Kosovo, with the assistance of the allies and sponsors of its independence, began lobbying for recognition, which to date has been granted by 120 states," Prenkaj said.

Speaking about Serbia's campaign for withdrawals of recognition of Kosovo, he said that such a process does not formally exist as a concept in international law.

"As for the withdrawal of recognition of the independence of states as a concept in international law, it does not exist. However, academic studies indicate that de facto withdrawal of recognition does exist. For several years, we have witnessed Serbia's campaign, which has used Morocco's model for securing withdrawals of recognition of Western Sahara, as well as China's model regarding withdrawals of recognition of Taiwan, and this campaign continues today in various forms. On several occasions, in agreements with representatives of the European Union, as well as with U.S. President Donald Trump, Serbia was asked to refrain from lobbying for withdrawals of recognition of Kosovo, while Kosovo was asked to suspend applications for membership in international organizations," Prenkaj said.

He believes that the absence of political will in Belgrade and Pristina further complicates the normalization of relations.

"The avoidance of negotiations by acting Kosovo Prime Minister Albin Kurti, as well as Serbian President Aleksandar Vucic, aimed at achieving comprehensive normalization of relations, ensuring regional stability, and unlocking the European Union integration process, complicates the situation between the two sides and in the region in every respect. In my view, nationalist discourse on both sides seeks to maintain high ethno-national tensions among the public on both sides for electoral purposes and in an effort to remain in power," Prenkaj said.

Speaking about the possible role of the United States, Prenkaj assessed that President Donald Trump's administration could accelerate efforts to resolve the issue of the Serbian community in Kosovo.

"Possible renewed engagement by the Donald Trump administration could accelerate the resolution of the issue of the Serbian community in Kosovo, namely the decentralized, or even centralized, autonomy envisaged by the 2007 Ahtisaari Plan and by the 2023 Brussels and Ohrid agreements, which is being contested both by official Belgrade and by the authorities in Pristina," Prenkaj said.