FAILURE OF INTERNATIONAL COMMUNITY TO SAFEGUARD BASIC HUMAN RIGHTS IN KOSOVO
FAILURE OF INTERNATIONAL COMMUNITY TO SAFEGUARD BASIC HUMAN RIGHTS IN KOSOVO

Summary/Abstract: In recent decades, number of international human rights treaties were adopted, and different universal and regional enforcement mechanisms were established. Formally, human rights had a central role after the establishment of the UN administration in Kosovo, and the parole “Standards before Status” was a policy under which Kosovo should achieve certain level of human rights standards before the international community will begun to discuss its final status. However, this policy was forgotten and not implemented before the unilateral declaration of independence of Kosovo in February 2008. After the unilateral proclamation of independence, some suggested that the grave violations of human rights by Serbia present a legitimate reason for losing the title over Kosovo. However, this paper will identify the position of human rights in legal document adopted in Kosovo, and find that, despite its significant place; human rights are poorly implemented in practice due to many obstacles. The author will conclude that the international community and local agents failed to protect and promote some basic human rights in Kosovo. The question is whether it is legal to unconditionally recognize a state which is not willing and able to protect basic human rights of its citizens? If the answer is positive, than the reasoning that Serbia has lost its title over Kosovo because of the human rights violations must be urgently reconsidered.

• Details
• Contents