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71. The Kosovo Advisory Opinion of the International Court of Justice and its Political Consequences

Author:
Pál Dunay and Steven Haines
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
Ever since NATO's Operation Allied Force in 1999 resulted in a withdrawal of Serb forces from Kosovo and the establishment of governance arrangements for the province that included an important external presence (with UN, EU, NATO and OSCE missions) as well as Kosovo's own Provisional Institutions of Self Government, the precise future status of Kosovo has been in doubt. Two extreme options were favoured by Serbia and Kosovo, respectively: either for Kosovo to continue as a part of Serbia or for it to achieve independent status (most likely by attaining statehood). On 17 February 2008, a group of Kosovo leaders issued a Declaration of Independence. Serbia responded with a request that the UN General Assembly seek an opinion on the legality of Kosovo's action from the International Court of Justice (ICJ). The Court delivered its Opinion on 22 July 2010. What did the Court say and what are the political consequences of its Opinion?
Topic:
Conflict Resolution, International Law, and Sovereignty
Political Geography:
Europe, Kosovo, United Nations, and Balkans

72. Just and Durable Peace by Piece European Union 7 th Framework Programme

Author:
Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peacebuilding, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peacebuilding remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peacebuilding is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peacebuilding activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peacebuilding and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
Topic:
Conflict Resolution, Security, Political Violence, Government, Peace Studies, United Nations, and War
Political Geography:
Europe

73. After the 2008 Russia-Georgia War: Implications for the Wider Caucasus and Prospects for Western Involvement in Conflict Resolution

Author:
Nona Mikhelidze
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
Following the war between Georgia and Russia in August 2008 and the ensuing Russian recognition of independence of South Ossetia and Abkhazia, the Caucasus has risen again on the Euro-Atlantic security agenda. First, the war highlighted that the “frozen” nature of the South Caucasus conflicts was a chimera, even if the war may have entrenched further the frozen nature of peace processes in the region. Second, the crisis generated new sources of instability for the entire post-Soviet space, not only because it highlighted a new form of Russian revisionism but also because it brought to the fore the limits of Western policies in what Kremlin views as its sphere of influence. The war brought to the forefront the colliding foreign policy agendas of the major external actors in the region. Not only in the run-up to the war, but also in the months and years preceding it, the American and European responses to Russia have been firm in rhetoric but compromising in reality. Russia made it clear that it has it own claims over the South Caucasus, it demonstrated its readiness to embark on military confrontation in order to achieve its goals, and through the war it wished to make crystal clear to the international community that Moscow is the only game in town. Third and related, the war exposed the inability of the West to prevent Russia from moving aggressively to restore its primacy over the former Soviet Union's territory. Thus the August war posed new implications and challenges not only for Georgia, but also for the wider Caucasus and beyond. This new context has induced the West to react and redefine its strategy towards the region and its relations with Russia, it has raised the urgency to engage in conflict resolution issues, and it has highlighted further the need for energy diversification.
Topic:
Conflict Resolution, Security, and War
Political Geography:
Russia, America, Europe, Moscow, and Abkhazia

74. The Treaty on Friendship, Partnership and Cooperation between Italy and Libya: New Prospects for Cooperation in the Mediterranean?

Author:
Natalino Ronzitti
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
On August 30 2008, Italian Prime Minister Silvio Berlusconi flew to Benghazi to sign the Treaty on Friendship, Partnership and Cooperation between Italy and Libya, concluding the long negotiating process that began under previous Italian governments and was accelerated by the current administration. The Treaty was meant to put an end to the dispute between the two countries and Libya's claims relating to Italian colonialism. In greeting Colonel Muammar Gheddafi, Berlusconi expressed his regret for the colonial period in very strong terms.
Topic:
Conflict Resolution, Post Colonialism, and Treaties and Agreements
Political Geography:
Europe, Libya, North Africa, and Italy

75. The Russian Handicap to U.S. Iran Policy

Publication Date:
04-2009
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
There are voices in the Obama Administration who believe that the Kremlin is able and willing to exert pressure on Iran to prevent it from acquiring nuclear weapons. However, perceived geopolitical and economic benefits in the unstable Persian Gulf, in which American influence is on the wane, outweigh Russia's concerns about a nuclear-armed Iran. The Kremlin sees Iran not as a threat but as a partner or an ad-hoc ally to challenge U.S. influence. Today, both Russia and Iran favor a strategy of "multipolarity," both in the Middle East and worldwide. This strategy seeks to dilute American power, revise current international financial institutions, and weaken or neuter NATO and the OSCE, while forging a counterbalance to the Euro-Atlantic alliance. Russian technological aid is evident throughout the Iranian missile and space programs. Russian scientists and expertise have played a direct and indirect role in these programs for years. According to some reports, Russian specialists are helping to develop the longer-range Shahab-5, and Russia has exported missile production facilities to Iran. Moscow has signed a contract to sell advanced long-range S-300 air-defense systems to Iran. Once Iran has air defenses to repel Israeli or American air strikes and nuclear warheads for its ballistic missiles, it will possess the capacity to destroy Israel (an openly stated goal of the regime) and strike targets throughout the Middle East, in Europe, and the Indian subcontinent. Beyond that, if and when an ICBM capability is achieved, Tehran will be able to threaten the U.S. homeland directly. Given the substantial Russian interests and ambitions, any grand bargain would almost certainly require an excessively high price paid by the United States to the detriment of its friends and allies. Russia simply does not view the situation through the same lens as the U.S.
Topic:
Conflict Resolution, Foreign Policy, Economics, and Nuclear Weapons
Political Geography:
Russia, United States, Europe, Iran, and Middle East

76. The European Union Report on Jerusalem: Distortions and Omissions

Author:
Nadav Shragai
Publication Date:
04-2009
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
An imbalanced EU position paper on Jerusalem written in December 2008, and recently leaked to the media, completely ignores Israel's historical and legal rights to its capital. The EU attack refers primarily to the City of David, located just beyond Jerusalem's Old City walls, an area identified by archaeologists and historians as the location of King David's capital some 3,000 years ago. Archaeological excavations took place there during Ottoman rule, as well as under the ensuing British Mandatory rule, and they have continued under Israeli rule as well. About 20 years ago a wave of new, illegal construction by Palestinians began on the site, causing significant and sometimes irreversible damage to the antiquities there. The Jerusalem municipality intends to offer the delinquent residents generous compensation and alternative land in the city. Jerusalem has had a Jewish majority for the last 150 years - at least since 1864. Israel's position in Jerusalem under international law derives from the Palestine Mandate, where the League of Nations recognized "the historical tie between the Jewish people and Palestine," and called "for the establishment of a national home for the Jewish people in Palestine." The 1949 Armistice Agreement between Israel and Jordan did not fix the final boundaries between the parties, but only the lines of military separation at the close of the 1948 war. At the demand of the Arab side, the Armistice Agreement stipulated that it did not serve to predetermine the rights of any party in the final resolution of conflict. In other words, upon the outbreak of the Six-Day War, the 1967 lines enjoyed no diplomatic status. In 1967, Israel agreed to allow the Muslim Waqf to manage the Temple Mount area, with a view toward preventing inter-religious conflict at one of the world's most sensitive sites. This was a huge concession on Israel's part that has never been properly recognized. By doing so, Israel has underscored its intention to assure freedom of access to members of all faiths at all of the holy sites in Jerusalem.
Topic:
Conflict Resolution and Post Colonialism
Political Geography:
Europe, Middle East, Israel, and Jerusalem

77. What to do about Bosnia and Herzegovina?: The Case for Accelerated NATO Membership and OSCE Coordination of Constitutional Reform

Author:
Edward P. Joseph
Publication Date:
05-2009
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The policy choice in Bosnia revolves around one question: how much time does the country have? If one believes that the country is reasonably stable, that another election will produce more cooperative leaders, and that Bosnia's "EU future" is assured, then the way forward is clear: cede international leadership in Bosnia from the U.S. to the European Union.
Topic:
Conflict Resolution, NATO, and Democratization
Political Geography:
Europe, Bosnia, Herzegovina, and Balkans

78. Central Asia Seminars 1st GCSP-OSCE Academy Seminar: "Central Asia 2008"

Author:
Selbi Hanova
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
On 22-23 September 2008, the Geneva Centre for Security Policy (GCSP) and the Organisation for Security and Co-operation in Europe (OSCE) Academy, Bishkek, organised a forum for security policy experts from Eurasia, East and South-East Asia, Europe and the United States, to analyse and discuss the continued interaction of key regional security dynamics and functional issues in Central Asia over 2008. A series of panels identified major emergent themes, linkages and trends, and reflected on their strategic impact and security policy implications. The focus included panels on the Afghan factor and Georgian crisis in Central Asian security politics, energy geopolitics, the role of the Collective Security Treaty Organisation (CSTO) and the Shanghai Cooperation Organization (SCO) in the region, as well as US and Russian policies towards Central Asia. The seminar highlighted and analysed some of the key security tendencies and practical aspects of security in the region including emerging trends and themes, their interplay and contradictions as well as their likely strategic influence and consequences.
Topic:
Conflict Resolution and Security
Political Geography:
Russia, United States, Europe, Central Asia, and Southeast Asia

79. Macedonia's Name: Breaking the Deadlock

Publication Date:
01-2009
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Macedonia is a relative success story in a region scarred by unresolved statehood and territory issues. International engagement has, since the 2001 conflict with an ethnic Albanian insurgency, brought progress in integrating Albanians into political life. This has been underpinned by the promise of European Union (EU) and NATO integration, goals that unite ethnic Macedonians and Albanians. But the main NATO/EU strategy for stabilising Macedonia and the region via enlargement was derailed in 2008 by the dispute with Greece over the country's name. Athens claims that, by calling itself “Macedonia”, it appropriates part of the Hellenic heritage and implies a claim against Greece's northern province. At summits it blocked Macedonian membership in NATO and EU accession talks until the issue is settled. Mystifying to outsiders, the dispute touches existential nerves, especially in Macedonia, and has serious regional implications. The parties need to rebuild trust; member states need to press both to compromise, especially Greece to respect its commitment not to block Skopje in international organisations.
Topic:
Conflict Resolution, NATO, Ethnic Conflict, and Regional Cooperation
Political Geography:
Europe, Macedonia, and Albania

80. European Games Institutional Innovation: The Making of Eurojust (1996-2004)

Author:
Michel Mangenot
Publication Date:
01-2009
Content Type:
Working Paper
Institution:
Centre for European Political Sociology
Abstract:
Eurojust is the new judiciary co-operation unit of the European Union. This article analyses the decision-making process behind its creation, explained in terms of 'institutional games'. The establishment of Eurojust illustrates the specificities of European institutional configurations and the interactions occurring in Brussels among officials, judges and ministers. Moreover, it elucidates the important role of the leadership of the General Secretariat of the Council, and the socialisation and specialisation of a group with a high level of intellectual resources, willing to participate to the 'noble' task of institutional innovation. This article defines the determining factors of intense interinstitutional competition, where the Commission and OLAF adhere to autonomous and parliamentary principles. Furthermore, it takes into account the specific work undertaken by the Presidency (or Presidencies), as well as the decisive role of the Intergovernmental Conference, which, through the means of a high level of decision-making, enables specific moves to be made in the games.
Topic:
Conflict Resolution, Government, International Law, and Treaties and Agreements
Political Geography:
Europe