Dienstbier: Banja Luka can declare independence after ICJ decision 29. 07. 10 [Glas srpske]
interview with Jiří Dienstbier, authors: Perica Pećanas, Milenko Kindl
After the verdict of International Court of Justice (ICJ) on Kosovo, you said that "the recognition of Kosovo is a serious violation of international law". Is the politics of the world powers involved in court's decision, and what are the possible consequences?
We cannot know what individual judges had on their minds. There is no use to speculate. But the votes basically corresponded with the positions of their governments. The reason might have been the years of propaganda in their countries. To vote for the majority decision was for them easier as they knew, that it is not binding. Moreover, the international law really has no paragraph prohibiting the proclamation of independence. It would be a nonsense to have such a paragraph. To use such an argument means that even Banja Luka or some suburb in Praha can proclaim independence. Not to speak about Abchazia, Kurdistán or Republika Srpska. It may be used by any separatist movement in the world.
The court evaded real provisions of the international law : the Helsinky Final Act from 1975 prohibited to change the boundaries without aggreement of all who are concerned. And this principle was ingnored by the Court.
State of Kosovo is a stronghold for Islamic fundamentalists and terrorists - Israeli foreign minister Mr. Avigdor Lieberman confirmed it during his visit to Macedonia. Is that fact deliberately hidden by the representatives of international community, in order to give international credibility to Kosovo?
Parts of the international community, mainly those responsible for the present situation since the bombing of Yugoslavia, have tried to get rid of the problem for years. Therefore they close yes a pretend that the protectorat they estalished in Kosovo is and may be viable.
Can Serbia, through UN General Assembly, prevent political recognition of Kosovo independence? Can Serbia count on support in that UN institution?
It will be seen. Kosovo has no chance to be accepted as a member of any important international institution. The membership in the UN has to be approved by the Security Council with unanimity of the permanent members. The unanimity is needed also in the OSCE, the European Union or Nato. And this does not exit. The decision of the Court may influence several countries to recognize Kosovo. But even most of those, who did it, know very well that Kosovo is not a sovereign state.
You said that the ICJ decision regarding Kosovo gave the model for all separatist and extremists. Does it mean that the decision violated the basic principles of international law? Can that decision be considered "the special case", not applicable to other separatist regions?
The decision has not violated the international law. The court just ignored its basic principles. The talk about „special case“ is a political hypocrisy. Even those who use this argument understand that the separatists all over the world /and there are about 250 possible cases/ may use the argument about Kosovo for their own interests. And basically : the international law cannot be used for individual cases. Double standards would lead to legal nihilism.
Having in mind that "independent" Kosovo survives thanks to drug money, and that Kosovo is the main center for drug dealing across the Europe, do Albanian extremists spread their influence through drug channels?
The Albanian extremist, especially UCK, have been financed from different sources, among them from the traffic of drugs. It is one of the problems which prevent the building of democratic a economically effective society in Kosovo. It is also a problem for the fight against drugs in Europe. But the main problem is that Kosovo is a basis of forces destabilizing the neigbouring territories and supporting the separatists tendencies in Macedonia, southern Serbia, Montenegro. If we add to it the activities of islamist extremists which use instability in Kosovo for their own goals, theye present also a danger for Sandžak or for Bosnia and Hercegovina.
What is your opinion on political development in Bosnia and Herzegovina in context of the latest ICJ decision? Does the Republic of Srpska have the right to submit a referendum and vote the resolution of independence?
I said that with the argument of the the Court decision anybody would be able to use it if it wants to apply for the independence. But the decision about independence of any nation or ethnic group is political. Therefore it depends on evaluation of many factors. Abchazia nd Southern Ossetia now use the non-binding Court decicison as an arguement for their proclamation of independence. The citizens of the Republica Srpska have the right to decide for themselves. It is up to them to choose what is best for them. But I personally believe that the solution is nowhere in the change of boundaries. With the perpective of European integration the better way is to make the boundaries unimportant and to work in this sense for regional cooperation in which there will be no boundaries.
After the latest decision of ICJ, can one expect the stronger involvement of European Union in BiH? How possible are the sanctions against the Serbian political leaders in BiH, because, as you might know, "Daily Telegraph" published a secret plan of Mrs. Catherine Ashton about hard pressure on Republic of Srpska?
There has been pressure on unification of BiH since the Dayton. Without great success. Any new pressure can hardly be more succesful. I can only repeat that the road to European integration without pressure and with real support for the rights and interests of all nations and ethnic groups in the Balkans can lead to a sustainable solution.
Can the international political pressure on leaders of Republic of Srpska solve the problems in BiH?
As I said before – NO. The pressure can only further destabilize the situation and finally lead to conflicting decisions.
Has BiH become the stronghold o Islamic extremists and can we expect new terrorist attacks similar to recent one in Bugojno?
I hope not. There are attempts of Islamic extremists to anchor themselves in BiH. Some danger exists. But I feel that there is strong opposition to it not only among Serbs and Croats but also in the Bosniaks community.
Is it time for abolition of international protectorate in BiH, so that local politicians take responsibility for the future of that country?
The question is difficult. The abolition of the protectorate would be fine. But other Europeans are affraid that without their presence the unsolved issues among the national communities can explode and that BiH may not be able to challenge successfuly the penetration of Islamic fundamentalists, financed from the Middle East. The protectorate of Kosovo, where the international community was not able to solve the problems of security and development, calls for caution. The international protectorate in BIH is much more succesfull but whether the situation is sustainable is still a question. There are people who believe that dissolution of BiH may be the solution – Serbs to Serbia, Croats to Croatia, but what about Bosniaks? My conviction is that solution is Europe even if it may still take some time.
