Continuity and change in instrumentalizing ‘The Precedent’. How Russia uses Kosovo to legitimize the annexation of Crimea

Abstract

The article contributes to the efforts of understanding Russia’s legitimization endeavours by looking at the policy narratives centred around the so-called Kosovo precedent and the way they were perceived by different actors from Ukraine, Russia, and international experts. The aim of the paper is to scrutinize the process of politicization of contested international norms (in particular, territorial sovereignty and the right to self-determination) in the case of Russia’s legitimacy claims in Ukraine. In assessing the instrumentalization of the ‘Kosovo precedent’ in the Crimea crisis, we focused on three main elements identified in the selected policy narratives: the reinterpretation of history, the humanitarian and ethnic factor and the reinterpretation of Western actions in the Balkans.

Keywords:

• Crimea
• foreign policy
• Kosovo
• legitimacy
• precedent
• narratives
• Russia
• Serbia
• Ukraine

Notes

1. In February 2008, Kosovo declared independence. Its final status is, however, still contested by several countries inside and outside Europe, Russia included. The independence of Kosovo is not recognized by 5 EU Member States –Spain, Greece, Slovakia, Romania, Cyprus. In 2010 Serbia called on the International Court of Justice to rule on the declaration of Kosovo’s secession, on whether the declaration was in breach of international law. The ICJ delivered its advisory opinion on 22 July 2010 stating that "the adoption of the declaration of independence of the 17 February 2008 did not violate general international law because the international law contains no ‘prohibition on declarations of independence’ (ICJ, 2010). The name Kosovo is used in the whole article without prejudice to position on status, and is in line with UN Security Council Resolution 1244/99 and the International Court of Justice Opinion on the Kosovo declaration of independence. Serbia deemed Kosovo’s decision unconstitutional and keeps considering Kosovo as part of its territory.

2. ‘I would like to address the people of the United States of America, the people who, since the foundation of their nation and adoption of the Declaration of Independence, have been proud to hold freedom above all else. Isn’t the desire of Crimea’s residents to freely choose their fate such a value? Please understand us’ (Putin 2014a).

3. By the beginning of April 1999, the United Nations High Commission for Refugees estimated that the campaign of ethnic cleansing had resulted in 226,000 refugees in Albania, 125,000 in the former Yugoslav Republic of Macedonia, and 33,000 in Montenegro. UN Security Council Resolution (UNSCR) 1199, among other things, expressed deep concern about the excessive use of force by Serbian security forces and the Yugoslav army, and called for a ceasefire by both parties to the conflict. (see more in NATO’s role in relation to the conflict in Kosovo, available at https://www.nato.int/kosovo/history.htm (accessed on 01.06.2016).