Kosovan independence was legal, says Hague court

Joe Biden throws US support behind the fledgling nation as International Court of Justice sanctions

The International Court of Justice (ICJ) has today ruled that Kosovo's declaration of independence from Serbia in February 2008 did not violate international law or the 1999 United Nations resolution that placed Kosovo under interim UN administration.

Although Serbia has pledged to continue the fight to reabsorb the territory, the ruling is a landmark decision for potentially separatist regions around the world.

Currently, 69 countries recognise Kosovo as a nation, including the US, the UK and much of the rest of the EU, though hardly any countries in the Middle or Far East have followed suit.

The US vice-president, Joe Biden, who met the Kosovar prime minister in Washington yesterday, even went as far as to affirm that even if the UN were to rule Kosovan independence unlawful, the US would continue to recognise it has a nation. However, to qualify for membership of the United Nations, Kosovo will need at least 100 countries to endorse it -- something it looks more likely to achieve following today's ruling.

Serbia argues that the Kosovo region is the birthplace of its national identity. Indeed, Foreign Minister Vuk Jeremić told the New York Times in January that he realises how Serbian fervour for the place looks to the rest of the world, but argued:

This place, Kosovo, is our Jerusalem; you just can't treat it any other way than our Jerusalem.

The Serbian Orthodox Church has historic roots in the Kosovo region, and the Serbs suffered a historic defeat to the Turks in Kosovo in 1389. This feeds into the Serbian mythology surrounding the area as the birthplace of the Serbian state.

Although today's ruling is a landmark for Kosovo and for other separatist groups in the region (Ossetia and Chechnya in particular), Serbia has no intention of conceding. Following the ICJ's announcment in The Hague, Jeremić restated his country's intention to keep fighting. He said:

Serbia will not change its position regarding Kosovo's unilateral declaration of independence and necessity of a compromise. Our fight for such a solution will probably be long and difficult, but we will not give up.

Looking back

You might like to read Kim Bytyci's take on the 2008 Serbian elections from the New Statesman's archive.

Syed Hamad Ali wrote for the NS in July 2008 of the countries that had recognised Kosovo -- also well worth a read.

And, in August 2008, Elena Jurado of the international think tank Policy Network offered her thoughts in the NS on the role of Russia in the region as more states attempt to separate from the former USSR.

Caroline Crampton is assistant editor of the New Statesman. She writes a weekly podcast column.

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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.