Can Crimea Claim Secession and Accession to Russian Federation in Light of Kosovo’S Independence?

By Vebi Kosumi

The book examines Crimeas case and its accession to the Russian Federation (RF) in light of the Kosovo independence. It relies on academic sources including journals and archives from the Soviet Union, RF, Ukraine, Former Yugoslavia, Serbia, and Kosovo as well as current media sources in light of the continuing evolution of the Crimean situation.

• Language: English
• Publisher: AuthorHouse UK
• Release date: Feb 27, 2018
• ISBN: 9781546288886

Vebi Kosumi

Vebi Kosumi, migrated to the UK from Kosovo during dissolution of former Yugoslavia. He has worked with asylum seekers and refugees since 2000. He is a board member of Asylum Aid, Migrant Resource Centre and Music in Detention. Vebi is currently an International Development Consultant and works with victims of human trafficking and modern slavery. Vebi completed a Masters of Laws (LLM) in International Law with International Relations at the University of Kent. Academic Publication in Queens Political Review Journal (May 2014).

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© 2018 Vebi Kosumi. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or transmitted by any means without the written permission of the author.

Published by AuthorHouse 02/26/2018

ISBN: 978-1-5462-8875-6 (sc)

ISBN: 978-1-5462-8888-6 (e)

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TABLE OF CONTENTS

ABSTRACT

LIST OF ABBREVIATIONS

ACKNOWLEDGEMENTS

Chapter 1 Introduction

Chapter 2 Legal And Historical Background Of Crimea And Kosovo

2.1 Introduction

2.2 Kosovo’s legal and historical background

2.2.1 Kosovo’s legal status from the15th Century to WWI

2.2.2 Kosovo’s legal status from WWI to 1945

2.2.3 Kosovo’s legal status in Yugoslaviafrom 1945 to 1974

2.2.4 Yugoslavia’s Constitution of 1974 and Kosovo’s struggle for independence until 1999

2.2.5 From the Roumbouillet Conference (1999) to Unilateral Declaration of Independence (2008) and Advisory Opinion of International Court ofJustice (2010)

2.3 Crimea’s legal and historical background

2.3.1 Crimea from 1475 -1873, fightover sovereignty

2.3.2 Crimea from WWI to 1953 and the changes in legal status within the USSR

2.3.3 The Dissolution of USSR and disputed sovereignty over Crimea from 1991 until 1997

2.3.4 Changes in Ukraine’sgovernment and declaration of Independence of Crimea and annexation by Russia from November 2013 until 2014

2.4 Conclusion

Chapter 3 Statehood In International Law And Its Application To Kosovo And Crimea

3.1 Introduction

3.2 Montevideo Convention Criteriafor acquiring statehood and the fulfilment of those criteria in relation to Kosovo and Crimea

3.2.1 Defined territory and borders in relation to Kosovo and Crimea

3.2.2 Permanent population

3.2.3 Effective Government

3.2.4 Capacity to enter into relationswith other states

3.3 Conclusion

Chapter 4 Self-Determination And Its Application To Kosovo And Crimea

4.1 Introduction

4.2 Self-Determination of peoples

4.2.1 Kosovo and Crimea and the right of self-determination

4.3 Contemporary development ofself-determination

4.3.1 The Entity claiming self-determination has to be oppressed (remedial secession)

4.3.2 The central government is relatively weak

4.3.3 The international Administration of the self-determination entity

4.3.4 Major Powers support for self-determination entity

4.4 Conclusion

Chapter 5 Use Of Force

5.1 Introduction

5.2 (Un)lawful use of force in Kosovo

5.3 (Un)lawful use of force in Crimea

5.4 Use of Force for HumanitarianProtection / Right to Protect (R2P)

5.4.1 Illegal but Legitimate Use of Force for Humanitarian Protection in Kosovo

5.4.2 (Un)lawful use of force in Crimea for R2P

5.5 (Un)lawful use of force in Crimea, invitation to intervene by (i)legal government of Ukraine

5.6 (Un)lawful use of force in Crimea for protecting Russian Citizens

5.7 Conclusion

Chapter 6 Conclusions

BIBLIOGRAPHY

ABSTRACT

The claim to the right of self-determination with the aim of secession without agreement of the paternal state is complex in the 21st century. International law has not thus far provided clear principles regarding when an entity can claim statehood. Kosovo and Crimea have certainly seceded; however, as there are no clear principles in international law for a state to claim its independence both secessions are disputed.

This book aims to analyse the secession of Crimea and accession to Russia in light of Kosovar independence. A descriptive method will be used, relying on academic sources including journals, lectures, and the current media sources.

LIST OF ABBREVIATIONS

ASSR - Autonomous Soviet Socialist Republic

CSCE - Commission on Security and Co-operation in Europe

EU - European Union

EULEX - European Union Rule of Law Mission in Kosovo

FRY - Federative Republic of Yugoslavia

G7 - Group of Seven, comprising the United Kingdom, United States of America, Germany, France, Italy, Canada, and Japan

ICJ - International Court of Justice

ICJ KAO - International Court of Justice Kosovo Advisory Opinion

KLA - Kosovo Liberation Army (Ushtria Clirimtare e Kosoves –UCK)

NATO - North Atlantic Treaty Organisation

OSCE - Organisation for Security and Corporation in Europe

RSFSR - Russian Soviet Federative Socialist Republic

SFRY - Socialist Federative Republic of Yugoslavia

UK - United Kingdom

UN - United Nations

UNGA-United Nations General Assembly

UNSC - United Nations Security Council

UNI - Unilateral declaration of independence

UNMIK - United Nations Mission in Kosovo

US - United States of America

USSR - Union of Soviet Socialist Republics

ACKNOWLEDGEMENTS

During my studies at the University of Kent I have been privileged to work with distinguished lecturers such as Dr Emily Haslam, Sian Lewis-Anthony, Professor Feargal Cochrane and others who have shared with me their vast knowledge of different aspects of international law and international relations.

I am grateful to Dr Haslam for encouraging me from the first day of my studies and her support throughout my academic work. I am indebted to Sian Lewis-Anthony for offering support when I most needed it. I am particularly fond of Professor Feargal Cochrane, although my consultation with him has been limited, I have been fortunate to absorb many of his ideas, which have resulted in my academic publication.

During the last few years I have communicated with any number of academics and shared experiences and insights. I am grateful in particular to Dr Ermira Babamusta and to an anonymous professor in the US who have reviewed some of my papers. I want to thank in particular Dr Stavros Demetriou with whom I have become friends from first day of my academic life and continue to meet regularly in Kent. Furthermore, I am grateful to the editorial team of Queen’s Political Review for choosing one of my papers to be published in their journal.

I am so happy to have studied with my research colleagues in international law and in international relations. Not only have we learned from each other but also have become friends and stayed in contact although we are spread all over the world.

I am grateful to all the people whom I have consulted or who have read my work in the past. Not only have I gained professionally from this form of support but I have discovered and developed new friendships.

I would like to thank my sister, Shehide, who has been very supportive over the last few years and came to the UK many times during my academic research. My thanks also go to the rest of my family in Kosovo and throughout Europe for supporting me immensely in such different but important ways.

Vebi Kosumi

For Albi

CHAPTER 1

INTRODUCTION

There is no doubt that states in the process of creation must adhere to the peremptory norms of jus cogens,¹ lest their formation be considered illegal.

Crimea’s secession is contested and is considered to have violated a peremptory norm of jus cogens because of the use of force from an external state, namely the Russian Federation (RF). Its claim of statehood is therefore problematic. A United Nations Security Council (UNSC) draft resolution on the matter was blocked by the RF, but the United Nations General Assembly (UNGA) adopted the similar Resolution 68/262,² reaffirming the territorial integrity and sovereignty of Ukraine, insisting that Crimea’s unilateral declaration of independence (UDI) ‘has no validity’, and calling upon states not to recognise it.

Vladimir Putin frames his pronouncement regarding the Crimean secession as similar to Kosovo’s declaration of independence.³ This has been opposed by numerous heads of Western states, who assert that there is no parallel between Kosovo and Crimea and that it is shameful to make the comparison.⁴ There is significant concurrence