Russian Foreign Minister Sergei Lavrov, known as one of today’s most skilled diplomats, recently addressed representatives of non-governmental organizations. He stated that all “troubles, problems, crises are not due to the UN ‘not coping’, as some say, but because the ‘UN Charter is not being implemented or, if it is, it’s done unilaterally.'” Lavrov claimed that the West violates the UN Charter in relation to both Kosovo and Crimea. “The West chooses from a menu. In one case, it upholds the principle of sovereignty, as with the refusal to recognize a transparent referendum in Crimea, and in another, it follows the principle of self-determination, as with Kosovo.”
In this statement, the Russian diplomat is clear: he projects the Russian option for resolving the conflict and stopping the war in Ukraine, essentially saying, “Recognize Crimea and we recognize Kosovo.” Furthermore, Lavrov would likely demand the preservation of Russian sovereignty in the eastern Ukrainian regions occupied by Vladimir Putin’s army. However, I do not wish to dwell on this aspect for long.
It is essential to highlight several reasons why Kosovo and Crimea are not the same menu in international law. These reasons have historical and current backgrounds and align with international law, primarily synthesized in the UN Charter and Security Council resolutions. Let’s mention some of them:
Firstly, Russia recognized Ukraine’s declaration of independence in 1991. On December 5, 1994, during the Budapest Memorandum signing, the Kremlin reaffirmed its stance on respecting Ukraine’s sovereignty, which included Crimea within its borders. This agreement was signed by US President Bill Clinton, Russian President Boris Yeltsin, and British Prime Minister Tony Blair.
Regarding Kosovo, there were mere attempts to keep it under occupation, submission, and apartheid. In 1997, Russian President Yeltsin visited Kiev and on March 31, signed the Treaty of Friendship, Cooperation, and Partnership with Ukraine, reaffirming the recognition and respect for Ukraine’s state sovereignty. Kosovo was forcibly separated from the rest of the Albanian territory in 1913, without the desire of its overwhelmingly majority inhabitants. No Albanian signed for its partition. It was annexed by the Serbian King Karadjordjevic through a decree on September 7, 1913, and was kept under Serbia’s sovereignty through violence and terror for almost 100 years. These are two different cases. Kosovars and its inhabitants fought and resisted for a century for their freedom from Serbia.
Secondly, at the time of Yugoslavia’s dissolution, Kosovo had the status of a constituent unit within the Yugoslav Federation. Crimea had autonomy after Ukraine’s independence declaration but did not have the status of a federal unit with specific rights in central power participation. Hence, Kosovo had the right to self-determination if Yugoslavia dissolved, as it did.
Thirdly, Kosovo’s autonomy was violently revoked by Milosevic’s regime in March 1989, while Crimea’s self-administration rights were never revoked. Kosovo was administered by a Serbian government governor and all local institutions, including the parliament, government, and judiciary, were suppressed. Kosovars were denied the right to work, education, information in their language, and even healthcare. Ukraine never subjected Crimea to such violence and terror.
Fourthly, Kosovo’s independence resulted from Yugoslavia’s dissolution, while Crimea’s annexation resulted from Russia’s external intervention. Although there was a referendum, it was under the pressure of Russian military and police forces that had entered Crimea earlier. Kosovo’s independence movement was internal, driven by the political will of its citizens and legitimate parliament. Crimea’s annexation happened within days, primarily due to a nuclear superpower’s force.
Fifthly, Kosovo’s path to independence involved a decade-long peaceful movement, with parallel institutions rejecting Milosevic’s regime, followed by a liberation movement met with massacres. Milosevic’s forces killed 13,500 Kosovars, including 1,402 children under 12, and perpetrated over 20,000 rapes. In contrast, Crimea saw almost no casualties or violence from Kiev.
Sixthly, Kosovo underwent a political and diplomatic process for conflict resolution, including the Rambouillet Conference attended by Russia’s Foreign Minister. Crimea had no preventive diplomatic efforts since Putin considered it his issue.
Seventhly, Kosovo’s independence was part of a process outlined in UN Security Council Resolution 1244, which Russia also voted for, making Kosovo an international protectorate. No such process occurred with Crimea, which Russia annexed forcefully.
Eighthly, Kosovo’s extensive international recognition, including more than half of UN member states, contrasts with Crimea, recognized by only two countries. This recognition gives Kosovo full legitimacy, supported by the International Court of Justice in 2010.
Lavrov cannot prove Kosovo and Crimea’s similarity with these arguments, nor place them on the same international law menu. Kosovo’s self-determination aligns with international law for the reasons outlined, while Crimea does not fit this context due to its forced annexation by Russia.
