Kosovo Admission To INTERPOL Is Not Serbia’s Matter!

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Recently, as notified in mass media, Kosovo Interior Minister, Skender Hyseni declared that “application process is done. Kosovo has applied for full-fledged membership in the International Criminal Police Organization Interpol. The application is set to be on the agenda of the 84th General Assembly of the organization in November of this year.” [independent.mk]

Receiving application of Kosovo, also confirmed INTERPOL headquartered in Lyon of the France.

When Serbia learned about Kosovo’s application, to become a member of INTERPOL, Serbia’s Interior Minister, Nebojsa Stefanovic, responded with this official statement : “The admission of Kosovo-Metohija to full membership of Interpol was not acceptable to Serbia and its Interior Ministry of Serbia and Serbia would therefore endeavor to take all necessary measures against this initiative.” [inserbia.info]

The contradictory reaction of the Serbian Interior Minister, Nebosa Stefanovic, that Kosovo can not be accepted as a member of INTERPOL, is absurd. There is no legal basis or international law, but only political and propagandistic character to affect to other countries of the international community not to recognize the independent and sovereign Republic of Kosovo. They say this because Serbia, Russia nor China … etc. have not yet recognized Kosovo. So far, Kosovo has been recognized by 109 United Nations countries.

Serbia Has No Right To Speak For Kosovo

However, according to negative reaction of the Serbian Interior Minister Nebojsa Stefanovic, this is his “argument” why Kosovo should not be accepted to be full legal member of the INTERPOL : “Kosovo-Metohija was an integral part of Serbia and could therefore not be represented at Interpol separately.” [inserbia.info]

This is not any legal argument or factual, because Kosovo since 17 February 2008 is not an integral part of Serbia, but is an independent and sovereign state, which so far has been recognized by 109 countries of the United Nations.

In the international legal context, this means that Kosovo as a new state independent and sovereign state, is not a territorial part of former colonial Serbia (1912-1999).

Therefore, Serbia doesn’t have any legal right to represent the state of Kosovo in any international or European institutions and organizations, because now there are two different states in the Balkans: Serbia and Kosovo, not only an united state-Serbia which still, according to its Constitution of 2006, considers that Kosovo is “integral part of Serbia.”

Unfortunately then, Kosovo there was a colonial province of Serbia (1912-1999), but, now is independent and sovereign state, which has nothing to do with ex-colonial Serbia, but only as a neighboring country. This should be clear to the Minister of Interior of Serbia, Nebojsa Stefanovic, Kosovo is part of integral territory of Albania, not Serbia at all.

Therefore Kosovo as a sovereign state has the legal right, to accede to all international institutions and organizations without getting “permission” and “consent” of Serbia.

Even the contradictory reaction of the Serbian interior minister, Nebojsa Stefanovic, that Kosovo can not be accepted as a member of INTERPOL, this is just a legal absurd, because there is no legal basis in the context of the international law and the United Nations Charter, but has only political and propagandistic character that affect to other countries of the international community not to recognize the independent and sovereign Republic of Kosovo, being that neither Serbia nor Russia want to recognize independent and sovereign Republic of Kosovo.

Kosovo Has Legal Right to Become INTERPOL Member

According to international law, Kosovo has right to apply and be accepted as a member in the whole international institutions and organizations because its state independence and sovereignty in accordance with all principles and norms of international law. This assessed and the International Court of Justice at The Hague on July 22, 2010.

In this case, Serbia as a member of the the Statute of the International Court of Justice, should “comply with the decision of the International Court of Justice in any case to which it is a party.” (Article 94, paragraphs 1).

In this international legal context it is worth to stress the fact that until now Kosovo has been recognized by 109 United Nation countries.

Given this state of de facto and de jure status of the Independent Republic of Kosovo, official Belgrade doesn’t have any legal, political or diplomatic right to complain against Kosovo Application to become INTERPOL member like the other 190 countries of the world.

Thus, Serbian government authorities have no right to complain or to hinder Kosovo membership in INTERPOL nor to UNESCO, because Kosovo is not more an integral part of the former colonial Serbia (1912-1999), but is an independent and sovereign state that historically belong to the ethnic Albania in the Balkans.

Since 17 February 2008, when Kosovo gained independence, Serbia as a neighboring country has no moral right nor legal, to interfere in internal affairs of the Republic of Kosovo because in no sense it is not an integral part of Serbia.

There’s no doubt that, and this form of interference of Serbia in the internal affairs of the Republic of Kosovo is also punishable under the United Nations Charter, Article 2.4 : “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

However, for such illegal interference in internal affairs of the state of Kosovo by Serbia, official Belgrade with full awareness have violated all norms and principles of international law and the United Nations Charter, but none of the heads of the United Nations till now ( February17, 2008-present) didn’t have warned Serbia for its violation of the rules and norms of international law in case of Kosovo Republic.

How in continuity Serbia is interfering and threatens sovereign Kosovo, that proves its Constitution of 2006, which proclaims Kosovo as “a territorial part of Serbia!”

Such illegal example contrary to the provisions of the Charter of the United Nations and all norms and principles of international law, there is nowhere in today’s international community!

Then, by right we should ask: Why do the United Nations and the European Union tolerate Serbia (as a member of the UN) to breach the United Nations Charter, International norms and principles of international law and juridical positive order?

Why?

Mehdi Hyseni is an Albanian Ph.D. in International Political Relations, residing in Boston.