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Is Kosovo a Precedent Legal and International Dilemmas...
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in Kosovo – UNMIK). In the prologue, the resolution confirmed the
duty to respect the sovereignty and territorial integrity of the Federal
Republic of Yugoslavia and appealed for real autonomy and self-governance
in Kosovo. In its matter, however, the resolution asserted that
“actions aimed at establishing real autonomy and self-governance” in
Kosovo will be taken “the definitive decision pending” with full respect
to the Rambouillet agreement. The Rambouiliet agreement which was
de facto an attempt at normalizing the conflict between Serbia and
Kosovo with the support of the international community and outlined
a construction of the province’s autonomy which was very demanding
on the Federal Republic of Yugoslavia 7 . The content of the resolution
also stipulated that formally Yugoslavia would have sovereignty over
Kosovo while, in fact, it granted the power to the Kosovo Force and
a UN-appointed administrator 8 .
Nowadays, when referring to the specific character and the interpretation
of the content of the UN Resolution 1244 and the consequences
it entailed, governments of states such as the Republic of
Serbia or the Russian Federation quote the provisions of the preamble:
“reaffirming the commitment of all Member States to the sovereignty
and territorial integrity of the Federal Republic of Yugoslavia”
and claim that de facto et de iure the Resolution 1244 does not allow
the secession of Kosovo in any scope or form, and even less so without
a formal agreement of the Republic of Serbia. On the other hand, the
European Union in its official stance emphasizes that the Resolution
1244 is not an obstacle to Kosovo’s independence, sovereignty and political
subjectivity and that the document does not determine the ultimate
status of the province. In fact, it should be assumed that from
a formal point of view the resolution neither promotes nor in any way
prevents a future secession of Kosovo. What is more, the content of
paragraph 1 of the resolution states that a future political solution as to
the status of the province should be based on the principles included
in the relevant annexes, which, as far as their content is concerned,
remain “silent” in this matter. They only confirm that until a defini-
7 More in: P. Daranowski, Uznanie niepodległości Kosowa – usankcjonowanie..., p. 13.
8 Cf. E. Dynia, Uznanie Kosowa w świetle prawa międzynarodowego, [in:] Prawo Międzynarodowe
i Wspólnotowe wobec wyzwań współczesnego świata, E. Dynia (ed.), Rzeszów 2009, p. 21.
Rocznik Instytutu Europy Środkowo-Wschodniej • Rok 12 (2014) • Zeszyt 3