New dimensions of the right to self‐determination: A study of the international response to the Kosovo crisis
Gunter Lauwers, Stefaan Smis
Abstract
Gunter Lauwers, Stefaan Smis
Abstract
The war in Kosovo has been dominating many news bulletins last year, and much has been said and written on the Kosovo issue. In these bulletins, law has been used and abused to defend political positions. The aim of this article is to shed light on one of these controversial issues, namely, whether the inhabitants of Kosovo are entitled to the right to self‐determination under international law; a right belonging to all peoples. The history as well as the content of this right is addressed, after which it is applied to Kosovo in particular. The analysis concludes that, notwithstanding the fact that the ethnic Albanians of Kosovo cannot be considered as a people, this right is indeed applicable to Kosovo. The scale of the human rights violations makes that the ethnic Albanians of the region are entitled to self‐determination in the form of political autonomy or ‐ if these gross violations persist ‐ even secession.
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The war in Kosovo has been dominating many news bulletins last year, and much has been said and written on the Kosovo issue. In these bulletins, law has been used and abused to defend political positions. The aim of this article is to shed light on one of these controversial issues, namely, whether the inhabitants of Kosovo are entitled to the right to self‐determination under international law; a right belonging to all peoples. The history as well as the content of this right is addressed, after which it is applied to Kosovo in particular. The analysis concludes that, notwithstanding the fact that the ethnic Albanians of Kosovo cannot be considered as a people, this right is indeed applicable to Kosovo. The scale of the human rights violations makes that the ethnic Albanians of the region are entitled to self‐determination in the form of political autonomy or ‐ if these gross violations persist ‐ even secession.
Key concepts: Secession, Autonomy, Ethnic group, Politics, Law, Political science, Self-determination, Political crisis