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Kosovo, Intervention and
Statebuilding

A timely and engaging assessment of the intervention in Kosovo, ten years on,
and many of the still unresolved consequences that followed in train. This import-
ant collection of essays is neither a sentimental celebration nor a polemical
denunciation of the Kosovo project. The result is a careful illumination of crab-­
like normative development in contemporary international relations, as well as
the very real challenges that stand before internationally directed statebuilding
efforts.
(Dr William Bain, Senior Lecturer in International Political Theory,
Department of International Politics, Aberystwyth University)

This book examines international engagement with Kosovo since NATO’s inter-
vention in 1999, and looks at the three distinct phases of Kosovo’s development:
intervention, statebuilding and independence.
Kosovo remains a case study of central importance in international relations,
illustrative of key political trends in the post-­Cold War era. During each phase,
international policy towards Kosovo has challenged prevailing international
norms and pushed the boundaries of conventional wisdom. In each of the three
phases ‘Kosovo’ has been cited as constituting a precedent, and this book
explores the impact and the often troubling consequences and implications of
these precedents. This book explicitly engages with this debate, which transcends
Kosovo itself, and provides a critical analysis of the catalysts and consequences
of contemporary international engagement with this seminal case study.
Each chapter focuses on a particular aspect of the international engagement
with Kosovo and situates events there in an international context, highlighting
the extent to which international policy towards Kosovo has challenged existing
norms and practices. Kosovo has been cited in certain texts as a positive tem-
plate to be emulated, but the contributors to this book also identify the often con-
troversial and contentious nature of these new norms.
This book will be of much interest to students of humanitarian intervention
and statebuilding, war and conflict studies, security studies and IR in general.

Aidan Hehir is a Senior Lecturer in International Relations at the Department of

Politics and International Relations, University of Westminster.
Series: Routledge studies in intervention and statebuilding
Series editor: David Chandler

Statebuilding and Intervention

Policies, practices and paradigms
Edited by David Chandler

Reintegration of Armed Groups after Conflict

Politics, violence and transition
Edited by Mats Berdal and David H. Ucko

Security, Development and the Fragile State

Bridging the gap between theory and policy
David Carment, Stewart Prest and Yiagadeesen Samy

Kosovo, Intervention and Statebuilding

The international community and the transition to independence
Edited by Aidan Hehir
Kosovo, Intervention and
Statebuilding
The international community and the
transition to independence

Edited by Aidan Hehir

First published 2010
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY, 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2010 Selection and editorial material, Aidan Hehir; individual chapters,
the contributors
Typeset in Times by Wearset Ltd, Boldon, Tyne and Wear

All rights reserved. No part of this book may be reprinted or reproduced or

utilized in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-­in-Publication Data
Kosovo, intervention and statebuilding: the international community and
the transition to independence/edited by Aidan Hehir.
p. cm.
1. Kosovo (Republic)–Politics and government–1980–2008. 2. Kosovo
(Republic)–Politics and government–2008- 3. Humanitarian intervention–
Kosovo (Republic) 4. Nation-­building–Kosovo (Republic) I. Hehir, Aidan,
1977-
DR2086.H44 2010
949.71–dc22 2009035324

ISBN10: 0-415-56167-1 (hbk)

ISBN10: 0-203-86179-5 (ebk)
ISBN13: 978-0-415-56167-9 (hbk)
ISBN13: 978-0-203-86179-0 (ebk)
As always, for Sarah, Esmé, Elsie and Iris
and Melosa Tahiri – may you live a long and peaceful life. . .
This page intentionally left blank
Contents

List of illustrations ix
Notes on contributors x
Acknowledgements xi
List of abbreviations xii

1 Introduction: Kosovo and the international community 1

A idan H e hir

2 Responding to Kosovo’s call for humanitarian intervention:

public opinion, partisanship and policy objectives 17
A l y nna J . L y on and M ar y F ran T . M alon e

3 Kosovo and the advent of sovereignty as responsibility 38

A le x J . B ellamy

4 Conflicting rules: global constitutionalism and the Kosovo

intervention 60
A nthon y F . L an g , J r

5 De facto states in the Balkans: shared governance versus ethnic

sovereignty in Republika Srpska and Kosovo 80
R i c k F awn and O li v e r P . R i c hmond

6 Policing the state of exception in Kosovo 114

B arr y J . R y an

7 Explaining the international administration’s failures in the

security and justice areas 132
Gio v anna B ono
viii   Contents
8 Kosovo: the final frontier? From transitional administration
to transitional statehood 149
J ames G ow

9 Kosovo, sovereignty and the subversion of UN authority 168

J am e s K e r - ­L indsa y

10 Microcosm, guinea pig or sui generis? Assessing international

engagement with Kosovo 185
A idan H e hir

Appendix: interview with Dr Fatmir Sejdiu, President of the

Republic of Kosovo 197

Index 203
Illustrations

Figures
2.1 Support for humanitarian intervention by policy objectives 22
2.2 Support for humanitarian intervention by strategic policy
objectives 23
2.3 Support for humanitarian intervention by partisanship 24
2.4 Support for humanitarian intervention by attention to the media 26
2.5 Support for humanitarian intervention by likelihood of success 27
2.6 Support for humanitarian intervention by perceptions of the
Bosnia mission 29
5.1 Shared sovereignty 104
5.2 Ethnic sovereignty 105
5.3 Shared governance 105

Tables
2.1 American public opinion of the Kosovo operation from March
1999 to April 2000 20
2.2 Support for humanitarian intervention 31
Contributors

Alex J. Bellamy, Department of Political Science & International Studies, Uni-

versity of Queensland, Brisbane, QLD, Australia.
Giovanna Bono, Institute for European Studies, Free University of Brussels,
Brussels, Belgium.
Rick Fawn, School of International Relations, University of St Andrews, St
Andrews, UK.
James Gow, Department of War Studies, King’s College London, London, UK.
Aidan Hehir, Department of Politics and International Relations, University of
Westminster, London, UK.
James Ker-­Lindsay, European Institute, London School of Economics, London,
UK.
Anthony F. Lang, Jr, School of International Relations, University of St
Andrews, St Andrews, UK.
Alynna J. Lyon, Department of Political Science, University of New Hamp-
shire, Durham, New Hampshire, USA.
Mary Fran T. Malone, Department of Political Science, University of New
Hampshire, Durham, New Hampshire, USA.
Oliver P. Richmond, School of International Relations, University of St
Andrews, St Andrews, UK.
Barry J. Ryan, School of Politics International Relations and the Environment,
Keele University, Keele, UK.
Acknowledgements

I would like to thank Andrew Humphrys and Rebecca Brennan at Routledge.

Thanks also to David Chandler and James Gow for their helpful advice. I would
like to thank each of the (unusually punctual) contributors to this book.
Thanks to my colleagues at the Department of Politics and International Rela-
tions at the University of Westminster, especially Paulina Tambakaki, Tom
Moore, Lizzy Griffin, Gio, Dan Greenwood and Suzy Robson.
Thanks to my family, Mary, George, Nial, Rita, Aran, Ashling, Niamh, Paul,
Jay, Hazel, Sue, Lucy, Emily and Lola Bee. No thanks to you Chris. . . . I always
forget Antigua and Barbuda. . .
Thanks also to Ferit Jashari, Xhafer Tahiri, Korab Sejdiu, Dawn Carter, Chris
and Kyra, Compulsion, Carlos Sorín, Rochester Film Salon, Culla Holme,
Francis Stuart, Michael Azerrad, Lester Ballard, Mark Arm, Dennes Boon, Kim
Gordon, Roger Miller, Greg Ginn, Toby Vail, Mark Lanegan and Donita Sparks.
The publisher would like to thank Taylor & Francis (Taylor & Francis Ltd,
www.informaworld.com) for granting permission to reproduce the following art-
icles from the Journal of Intervention and Statebuilding.

Bellamy, Alex J., ‘Kosovo and the Advent of Sovereignty as Responsibility’,

Journal of Intervention and Statebuilding, 3/2, 2009, pp. 163–184.

Lang, Anthony F. Jr, ‘Conflicting Rule: Global Constitutionalism and the

Kosovo Intervention’, Journal of Intervention and Statebuilding, 3/2, 2009, pp.
185–204.

Fawn, Rick and Richmond, Oliver P., ‘De facto States in the Balkans’, Journal
of Intervention and Statebuilding, 3/2, 2009, pp. 205–238.

Gow, James, ‘Kosovo: The Final Frontier?’, Journal of Intervention and State-
building, 3/2, 2009, pp. 239–257.
Abbreviations

BiH Bosnia and Herzegovina

CIVPOL Civilian Police
ESDP European Security and Defence Policy
EU European Union
EUCY European Union’s Conference on Yugoslavia
EULEX European Union Rule of Law Mission in Kosovo
FRY Federal Republic of Yugoslavia
ICB International Commission on the Balkans
ICG International Crisis Group
ICISS International Commission on Intervention and State Sovereignty
ICO International Civilian Office
ICR International Civilian Representative
IDPs internally displaced persons
IFIs international financial institutions
I-­FOR Implementation Force
IL International Law
IMP International Military Presence
IR International Relations
ISG International Steering Group
KFOR Kosovo Force
KLA Kosovo Liberation Army
KPC Kosovo Protection Corps
KPS Kosovo Police Service
KSF Kosovo Security Force
LDK Democratic League of Kosovo
NAM Non-­Aligned Movement
OHR Office of the High Representative
OIC Organisation for Islamic Conference
OSCE Organization for Security and Cooperation in Europe
P5 Permanent Five Members of the UN Security Council
PfP Partnership for Peace
PIPA Program on International Policy Attitudes
PISG Provisional Institution of Self-­Governance
 Abbreviations   xiii
R2P Responsibility to Protect
RS Republika Srpska
SAA Stabilisation and Association Agreement
SC Security Council
SFRY Socialist Federal Republic of Yugoslavia
SRSG Special Representative of the Secretary General
SSR Security sector reforms
UN United Nations
UNDP UN Development Program
UNHCR United Nations high Commission for Refugees
UNMIK UN Interim Administration Mission in Kosovo
UNPROFOR United Nations Protection Force
This page intentionally left blank
1 Introduction
Kosovo and the international
community
Aidan Hehir

Introduction
Kosovo is of profound importance to contemporary international relations. Since
1999, this inauspicious corner of Europe has been at the centre of some of the
most controversial episodes in the post-­Cold War era. As Marc Weller notes,
many observers ‘have begun to see in the international response to the Kosovo
crisis a new paradigm of international relations, a blue print for a new world
order, in either a positive or a negative sense’ (2009: 259). International engage-
ment with Kosovo since 1999 has gone through three distinct phases: inter-
vention, statebuilding and, most recently, independence. During each phase
international policy towards Kosovo has challenged prevailing norms, and
‘Kosovo’ has been cited as an exemplar for a new broader trend in international
relations. The authors in this book explore the impact, and the often troubling
consequences and implications, of the international response to the crisis in
Kosovo.
This introductory chapter provides a historical overview of the period
1989–2009, setting up the background context and key issues for the book.1
There is, however, no accepted objective history of this period; as Tim Judah
notes: ‘In Kosovo history is war by other means . . . history is not really about the
past, but about the future. In other words, he who holds the past holds the future’
(2000: 2). Nonetheless, it is possible, and certainly necessary, to identify the key
junctures during this twenty-­year crisis, spanning the revocation of Kosovo’s
autonomous status on 24 February 1989 by the Serbian parliament in Belgrade
to the declaration of independence on 17 February 2008 by the Kosovo Assem-
bly in Pristina.
Before engaging with this history, I discuss a particularly prevalent feature of
the recent analysis of and international policy towards Kosovo, and the Balkans
more generally; namely, the idea that ‘ancient ethnic hatreds’ are pervasive
throughout the region. This shibboleth has been trotted out time and again over
the past twenty years and has had a definite effect on international policy towards
Kosovo, though often in divergent ways. Finally, this introduction provides an
overview of Chapters 2–9.
2   A. Hehir
The Balkans: ancient ethnic hatreds or international
interference?
At the 1878 Berlin Conference, the German Chancellor Otto Von Bismarck
reportedly declared: ‘The whole of the Balkans are not worth the bones of a
single Pomeranian Grenadier.’ Twenty years later he predicted that the next
European war would be caused by ‘some damned foolish thing in the Balkans’.
Bismarck’s prediction proved prescient when, on 28 June 1914, Gavrilo Princip
assassinated Archduke Franz Ferdinand in Sarajevo. Bismarck’s view of the
Balkans, epitomized by these two quotes, is indicative of a general disposition
whereby the Balkans are considered to constitute a peripheral region plagued by
mutually antagonistic ethnic groups whose incestuous conflicts have a troubling
habit of spreading and embroiling the Great Powers. International involvement
in Balkan affairs has invariably been a function less of a concern with endog-
enous factors, but more with the implications of Balkan affairs on international
politics. The Balkans has been an interface between competing empires for cen-
turies, a shifting fault-­line which has hosted some of the most important events
in European and world history. While the Balkan’s historical role as stage, rather
than actor, has ensured that it has received international attention, the people of
the Balkans have often been sidelined by the larger international conflicts and
convulsions played out on their territory.
Much of the violence in the Balkans in the 1990s was attributed to ‘ancient
ethnic hatreds’, whereby the different ethnic groups were considered to be irre­
concilably blinded by past grievances (Kaplan 1993). During the implosion of
the Socialist Federal Republic of Yugoslavia (SFRY), former US Ambassador to
Yugoslavia George Kennan claimed that the people of the Balkans were driven
by ‘deeper traits of character inherited, presumably, from a distant tribal past’,
and he argued that no state or coalition would be able to ‘subdue its excited
peoples and to hold them in order until they can calm down and begin to look at
their problems in a more orderly way’ (Todorova 1997: 185). Western inaction
in the face of the disintegration of the SFRY was routinely excused on the
grounds that external wise counsel was ineffective in the face of these histori-
cally embedded ferocious hatreds. In September 1992, US Secretary of State
Lawrence Eagleburger stated:

I have said this 38,000 times. . . . This tragedy is not something that can be
settled from outside and it’s about damn well time that everybody under-
stood that. Until the Bosnians, Serbs and Croats decide to stop killing each
other, there is nothing the outside world can do about it.
(Holbrooke 1998: 23)

Robert Kaplan’s 1993 book, Balkan Ghosts, is said to have greatly influenced
President Clinton, who, after reading its accounts of endemic internecine
warfare, decided against embroiling himself in the Balkans. According to Alex
J. Bellamy, ‘Learning from Kaplan’, Clinton stated in 1993, ‘it is no accident
 Introduction   3
that WWI started in this area. There are ancient ethnic hatreds that have con-
sumed people and led to the horrible abuses’ (2002: 50).
In his memoirs, To End a War, US Diplomat Richard Holbrooke argued that
the ancient hatreds theory ‘trivialised and oversimplified the forces that tore Yugo-
slavia apart in the early 1990s. . . . Those who invoked it were, for the most part,
trying to excuse their own reluctance or inability to deal with the problems in the
region’ (1998: 23). He attributed the reluctance of George Bush Senior’s adminis-
tration to intervene in Yugoslavia to the acceptance of this erroneous theory,
describing it as ‘our greatest mistake of the entire Yugoslav crisis’ which ‘made an
unjust outcome inevitable and wasted the opportunity to save over 100,000 lives’
(ibid.: 27). Yet when Holbrooke’s own diplomatic initiatives in Kosovo in the late
1990s failed, he too reverted to the ancient ethnic hatreds motif – accommodation
between Kosovo’s Serb and Albanian communities was impossible because

The hatred between Serbs and Albanians in Kosovo was far, far greater than
any of the so-­called ethnic hatreds of Bosnia. . . . This was the real thing in
Kosovo between Albanians and the Serbs. Different cultures, different lan-
guages, and different histories, but a common obsession with the same
sacred soil.
(PBS 2000)

This reliance on the ‘ancient ethnic hatreds’ excuse was again evident in the
wake of the March 2004 riots in Kosovo, which claimed the lives of 19 people and
resulted in the widespread destruction of hundreds of Serbian religious sites. In
December 2003, amidst much optimism, UNMIK had committed itself to oversee-
ing the achievement of eight standards before resolving the issue of Kosovo’s final
status (UNMIK 2003). This attempt to circumvent the status issue in the hope that
a focus on achieving political, economic and social standards would allow time for
opposing perspectives on status to mellow proved counterproductive, as noted by a
subsequent UN report.2 The citizens of Kosovo, quite understandably, resented the
ongoing fudge of the status issue, and vented their anger at UNMIK, KFOR and
the minority Serb population. The riot was, however, portrayed as a typical
instance of Balkan inter-­ethnic animosity rather than a function of poorly con-
ceived international policy. Whilst surveying the damage caused by the rioting in
late March 2004, the then head of UNMIK, Harri Holkeri, declared, ‘The concept
of multiethnic Kosovo that the international community has been persistently
attempting to implement in recent years is no longer tenable’ (Hehir 2006a: 200).
Likewise, an editorial in the Guardian blamed ‘the deep and intense hatred
between 2 million ethnic Albanians and fewer than 100,000 Serbs for the resump-
tion of violence and lack of progress in the province’ (Guardian 2004: 27).
The idea of the Balkans being rife with ‘ancient ethnic hatreds’ has served as
a malleable basis for various international actors. The policy of inaction pursued
by George Bush Senior was justified on the basis that the ethnic hatreds were
irreconcilable and thus external intervention would be futile. Conversely
NATO’s intervention in 1999 was justified on the basis that without external
4   A. Hehir
help the warring factions would never stop until one ethnic group had been either
‘cleansed’ or killed, and the conflagration could spread across the region.3
UNMIK’s failure to create a ‘multi-­ethnic’ Kosovo was deemed to be a function
of the immutable ethnic hatreds which hindered the implementation of UNMIK’s
enlightened policies. The maintenance of international oversight even after Kos-
ovo’s declaration of independence in February 2008 has also been justified as a
function of the need to oversee relations between sworn enemies. Of course,
recent history in the Balkans, and especially Kosovo, has been extremely bloody,
and ethnic conflict has undeniably occurred. Since 1990, borders across Europe
have come down, or diminished in importance, and states have become more
multicultural. In the Balkans, by contrast, borders have been strengthened,
ethnic, religious and linguistic differences have been accentuated, and pluralism
has been replaced by ethnic concentration. Of course, in many cases this has
been actively supported by Western states and mediators, most notoriously
during Operation Storm in August 1995 when, with tacit Western support, up to
200,000 Serbs were expelled from Eastern Slavonia, Croatia, in what the then
European Union Special Envoy to the former Yugoslavia, Carl Bildt, described
as ‘the most efficient ethnic cleansing we’ve seen in the Balkans’ (Pearl 1999).
Whatever explanation one accepts for the accentuation and consolidation of
ethnic difference in the Balkans since 1989, it can only be seen as a tragedy, and
one which undermines faith in the capacity of the international community to
prevent conflict and promote pluralism.
In contrast to the purveyors of the ‘ancient ethnic hatreds’ theory, Mark
Mazower argues that a ‘less jaundiced’ understanding of Balkan history requires
us to situate the Balkans in a broader European context which demonstrates that
events there have been driven by ‘more sweeping narratives of the development
of European identity and civilisation’ (2003: 14–15). Events in the Balkans have
very often been catalysed by exogenous rather than endogenous forces. In this
respect, the Balkans has often been a microcosm of broader systemic clashes and
changes. This is particularly apposite with respect to Kosovo. Since 1999
Kosovo has regularly topped the agenda of the UN, the EU, NATO, the OSCE
and the World Bank, been the focus of myriad academic books and articles from
a diverse range of disciplines, and embroiled all the world’s major powers at
some point. While most people probably cannot locate Kosovo on a map, it is
known worldwide as a case study (or perhaps guinea pig) for some of the major
global issues in the post-­Cold War era. The following section outlines the nature
of the crisis in Kosovo since 1989, and charts the mercurial international
response.

The Kosovo crisis and the international response

According to the Independent International Commission on Kosovo (IICK):

From the 1980’s onwards, Kosovo exhibited all the signs of a catastrophe
waiting to happen . . . the failure to respond adequately at an early stage of
 Introduction   5
the evolution of the conflict created difficulties in later stages. At each stage
of the conflict, the diplomatic options narrowed.
(2000: 62)

Given that Kosovo’s explosive potentiality was so widely discussed, it is par-

adoxical that it never received the attention its reputation should have com-
manded. Whereas in Macedonia from 1993 to 1999 a coordinated international
conflict prevention mission – the UN Preventative Deployment Force – was
largely successful, Kosovo was largely ignored. Weller describes the interna-
tional community’s policy towards Kosovo as ‘schizophrenic’; time after time
statesmen acknowledged Kosovo’s explosive potentiality, but the policies they
pursued, Weller argues, paradoxically derived from ‘a hope that the situation
would go away if ignored for a sufficiently long time’ (1999: 33). Indicatively,
before the second meeting of the European Union’s Conference on Yugoslavia
(EUCY) in London in August 1992, the Chairman of the Conference, Lord Car-
rington, wrote to Ibrahim Rugova, the leader of the Democratic League of
Kosovo (LDK), the largest Kosovo Albanian party. At the first meeting of the
EUCY in 1991 the issue of Kosovo had been described, to the dismay of the
Kosovo Albanians, as an ‘internal’ problem. In his letter to the unrecognised and
unofficial, though democratically elected, President of Kosovo, Lord Carrington
stated that it might be possible to hold some meetings with his delegation ‘if you
are planning to be in London at the time of the conference’, but he noted ‘for
practical and other reasons [it would] not be possible to grant your delegation
access to the conference’. Nevertheless, Lord Carrington assured Rugova, ‘We
are making strenuous efforts to ensure that the views of the Kosovar Albanians
are heard’ (ibid.: 344). The Kosovo Albanian delegation did travel to London,
where they observed proceedings through a glass screen in another room. In
1991, after an unofficial referendum organised by the Kosovo Albanians over-
whelmingly supported independence, Rugova wrote to Carrington and the Bad-
inter Commission – charged with examining the validity of the various
independence claims within Yugoslavia – to appeal for action on Kosovo;
neither replied.
Tensions amongst SFRY’s constituent republics (Serbia, Croatia, Bosnia,
Macedonia, Montenegro and Slovenia) emerged in the early 1980s due to a com-
bination of factors, including the death of Tito in 1980, the global economic
crisis and ongoing dissatisfaction with the provisions of the 1974 constitution. A
protest by students at the University of Pristina in 1981 escalated from a demand
for better facilities to a widespread pro-­independence movement. This angered
Kosovo’s Serbs, who felt that the 1974 constitution had privileged the Kosovo
Albanians. The Kosovo Serbs in fact claimed that the Albanian-­dominated local
Communist Party presided over the oppression of the Serb community. Many
Serbs left Kosovo with tales of Albanian-­inspired ethnic violence and the wide-
spread rape of Serb women (Mertus 1999). Without Tito to dampen nationalist
sentiment, there began a public escalation of nationalistic tension. In 1986 the
Memorandum of the Serbian Academy of Sciences and Arts was published,
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