2008 Kosovo Declaration of Independence - Political Background

Political Background

After the end of the Kosovo War in 1999, the United Nations Security Council adopted Resolution 1244 to provide a framework for Kosovo's interim status. It placed Kosovo under transitional UN administration, demanded a withdrawal of Serbian security forces from Kosovo and envisioned an eventual UN-facilitated political process Kosovo, "reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2 ." It also established a requirement that the post-conflict constitutional process must take full account of "the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia".

In February 2007, Martti Ahtisaari delivered a draft status settlement proposal to leaders in Belgrade and Pristina, the basis for a draft UN Security Council Resolution which proposed 'supervised independence' for the province. By early July 2007 a draft resolution, backed by the United States and the European Union members of the Security Council, had been rewritten four times to try to accommodate Russian concerns that such a resolution would undermine the principle of state sovereignty. However, it had still not found agreement. Russia, which holds a veto in the Security Council as one of five permanent members, stated that it would not support any resolution which was not acceptable to both Serbia and the Kosovo Albanians. While most observers had, at the beginning of the talks, anticipated independence as the most likely outcome, others suggested that a rapid resolution might not be preferable.

The talks finally broke down, late 2007 with the two sides remaining far apart, with the minimum demands of each side being more than the other was willing to accept.

At the turn of 2008, the media started reporting that the Kosovo Albanians were determined to proclaim independence. This came at the time when the ten-year anniversary of the Kosovo War was looming (with the five-year anniversary being marked by violent unrest); the U.S. President George W. Bush was in his last year in power and not able to seek re-election; and two nations which had previously seceded from Yugoslavia were in important political positions (Slovenia presiding over the EU and Croatia an elected member of the UN Security Council). The proclamation was widely reported to have been postponed until after the Serbian presidential election, 2008, held on 20 January and 3 February, given that Kosovo was an important topic of the election campaign.