LEGAL FRAMEWORK OF THE IDENTITY POLICY OF THE INTERNATIONAL COMMUNITY IN POSTWAR KOSOVO — A HISTORICAL OVERVIEW

Abstract

This paper aims to elaborate and analyse the legal context of the identity policy of the international community in post-war Kosovo. Through this policy, the nature of Kosovo was determined as an entity under the UN administration until 2008 and as an independent state after that. Given that NATO’s military intervention in Kosovo was initiated for humanitarian reasons and, therefore, was not an intervention aimed at resolving the historical conflict between Serbs and Albanians, the UN administration in Kosovo was also established by being neutral towards national interpretations on the “issue of Kosovo”. This paper will bring together arguments that the international community, in its approach to the people of Kosovo, has actively tried to establish a new political entity detached from any national projections, thereby preventing it from being perceived as a national victory, especially among the Albanian majority. For this reason, all laws, regulations, governing documents and policies of the UN mission, which delineated Kosovo’s political nature and way of governing, were based on the ‘principle of multi-ethnicity’. This paper also examines the negotiation process for determining Kosovo’s final status, through which independence was conditioned by the commitment to building a state based on the principle of multi-ethnicity.