UN and EU Should Scrutinize Serbia’s Constitution

Serbia’s Constitution is Subject of the International Responsibility

According to Serbia’s Constitution that has been in effect from 2006, “Kosovo is province of Serbia,” even if de facto and de jure Kosovo is an independent and sovereign state since February 17, 2008, recognized by 108 countries of the United Nations. Such precedent unlawful case should be subject of the discussion of the United Nations Security Council, International Court of Justice, European Union, NATO, OSCE etc.

Viewing the black historical events from the demarches and diplomatic protest notes of the Serbia against Albania and Albanians (1912-2015), they all together have a common denominator of their content “change of the theses: Attack, lies, slander, fraud as the best defense” for the protection and enhancement of state territorial boundaries of the Greater Serbia at the expense of Ethnic Albania by calling it “Greater Albania.” This has been used as the most powerful weapon in order to protect the Greater Serbia, which, even today in the XXI century (2015) sleeps in many neighboring territories of Ethnic Albania, Croatia and Hungary.

This absurdity and this centennial cohesion of the Belgrade’s anti-Albanian diplomacy, recently tested and its diplomatic remonstrant note against Albania due to the statements of the Albania’s Prime Minister Edi Rama related to the reunion of Kosovo with Albania either “via UE” or in “classical way.” However, Serbia’s diplomatic note is unacceptable by virtue of the international law because it is not valid arguments and facts

Then the question arises, why has Serbia’s Ministry for Foreign Affairs headed by deputy Prime Minister and Foreign Minister, Ivica Dacic delivered the remonstrant diplomatic note to Albania’s ambassador in Belgrade?

And not only that, the Serbian government sent a letter to the UN Security Council as well as announcing it as “emergency state.”

The answer is so simple which is to understand the political background. By this diplomatic reaction, the Serbian government tried to put Albania under the “international responsibility.”

This is a perfect Serbian propaganda against Albania. But it lacks legal evidence based on international law being that Albania as a subject of the international law through political statements of its Prime Minister Edi Rama that Kosovo will be reunited either “via UE” procedures or in the “classical way.”

Serbian top authorities such as President of Serbia, Tomislav Nikolic, Prime Minister Alesandar Vucicand Deputy Minister and Minister for Foreign Affairs Ivica Dacic may be unsatisfied due to the Albanian Prime Minister balanced statements that express Albanian common national interest. However, they have no moral and legal right to misinterpret and falsify those in the context of the international law.

Also, Albanian Prime Minister Edi Rama’s statements do not constitute any act of the threatening and intrusive Albania in Serbia’s internal affairs, nor other neighboring states in the region. They deal only with the desire, the will and the historical right, legitimate and self-determination of Albanians, who by rights seek to be reunited and live in the joint state within Albanian ethnic natural, historical and geopolitical borders.

This requirement, expressed either as political statements, legal or diplomatic from Albanian official statesman’s, politicians, jurists or diplomats of Tirana and Pristina, can not be termed as “international unlawful act,” nor as any act prejudicial to impair the interests of Serbia.

These accusations, thrills and shameful and absurd accusations and irrational conclusion that allegedly fabricated statements highlighted Albanian Prime Minister Edi Rama, appeal and the function of “redrawing of the international borders, known among countries in the region,” are unacceptable to the international law.

This is a great historical and legal injustice to the Albanian nation in the Balkans. Without doubt, this matter should be brought to the “agenda” of an international conference in order to silence Serbia which in historical continuity (1912-2015) slanders, accuses and charges them that allegedly “are threatened “vital interests of Serbia and the Balkan countries, too.

The Serbian Government can write letters, petitions, memoranda, and diplomatic notes and demarches to the EU and the UN Security Council, but Albania didn’t commit any harmful act that has to do with violating the territorial sovereignty of the Serbian state. Kosovo has the legal right to be reunited with Albania because in no way does it belong to Serbia. So its reunification with Albania, in no way is it prejudicing, nor damaging the existing borders of Serbia, but the peaceful integration of legal and indigenous people of Kosovo and Albania.

This integration between Kosovo and Albania should in no way hinder Belgrade because Serbia does not extend between Kosovo and Albania.

However, neither Kosovo nor Albania, until now made any diplomatic or juridical appeal or petition to the UN, Security Council, EU,NATO, OSCE or to the United States to call Serbia in “international responsibility.”

Until Serbia removes independent Kosovo from its Constitution, the European Union should cease all economic and diplomatic relations with Serbia.

Finally, both Kosovo and Albania have the moral and legal right, to present their demarches and diplomatic protest notes to the international institutions (UN, ICJ,UE, NATO, OSCE) against Serbia for she has violated its international obligations and responsibilities because of the fact that in its Constitution has stipulated Kosovo as an independent and sovereign neighbor country) as a “province of Serbia!” This unprecedented international anti-juridical act by Serbia should be subject to the Security Council of the UN, as well as the International Court of Justice, the EU, NATO and the United States of America because it presents a potential risk to security, peace and stability in the Balkans.

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