THE LEGAL PROBLEMS RELATED TO THE UN MEMBERSHIP OF YUGOSLAVIA FROM ITS DISSOLUTION TO THE ADMISSION OF MONTENEGRO IN 2006
I. Introduction
Changing times and developments in society elicit necessary circumstances for nations. One such situation is the need for dissolution and granting of independence on states covered by countries. Such occurrences may take place as demanded by political, economic, and even social elements that essentially turned out to supersede the major interests of the states involved and the nation as a whole. This occurrence has recently been a trend for several countries that held huge territories. Behemoths like the former Soviet Union have succumbed to the call of dissolution and emancipation of its former allies. After being one of the biggest countries in Central Asia, the territories that it once held are currently subdivided into several small countries. This situation is the same in the case of Yugoslavia. The recent dissolution of the federal republic has spawned a considerable amount of issues that has influenced the international community in general. This study intends to look at these issues surrounding the dissolution and other legal matters in which the former Yugoslavia encountered through a progression of events that led to its current condition. In the same time the study will also be focusing on the issues relating to the country’s membership in the United Nations, particularly how the country needs to face charges of war crimes resulting from the internal conflict that took place in the 1990s. Arguments and claims of academics are to be consulted in this juncture, especially focusing on the Yugoslav conflict in the 1990s. In the same vein, the discussion below will be presenting how other countries reacted on the conflict and consequent dissolution of the former Yugoslavia. Reaction from the European Union and the UN will similarly be considered. Towards the end of this study, an analysis of the recent membership of Montenegro, a state of the former Yugoslavia, will be conducted in relation to the legal issues and implications to the international scene. The discussions made in this study will be based on scholarly works on the international relations with specific mention of the Yugoslavian experience.
II. The Socialist Federal Republic of Yugoslavia (SFRY)
Before the dissolution of the former Yugoslavia, it was initially composed six states. These states include Slovenia, Croatia, Serbia, Bosnia-Herzegovina, Montenegro and Macedonia. (Heim and Tanner, 1992, 569) The federation is basically headed by a Presidential Council composed of the individual chief executives of each republic. In order to ensure equal representation in the council, the chairmanship is delegate to different heads of state. This is done through a system of rotation wherein every single one of the head of the six states held the seat of power.
Having several republics composing the entire nation, the existence of several cultures were similarly in place. Specifically, ethnic Solves, Croats, Serbs, Hungarians, Albanians, Macedonians, and Muslims occupy the borders covered by the Socialist Federal Republic of Yugoslavia. Changes in the existing order came to be in the early parts of the 1990s when the Croatian and Slovenian Parliaments sought to emancipate themselves from the federation. (p569) In separate occasions, the said parliaments ratified a declaration claiming that the legislations of the country supersede its federal counterpart. This is even supported by an overwhelming result of a referendum on the part of the Slovenian Republic. Over eighty percent of the entire population of Slovenia voted in favour of their independence from the federation. (p569)
In the succeeding year, the rest of the federation attempted to strike a compromise between the Croatian and Slovenian leaders. Fight over implementing a loose federation and a tight one bas basically the main theme in the negotiations. Nevertheless, the uncompromising stand of the leadership of the Serbian state led to the letdown of the negotiations. (p570) The claim of the Croatian and Slovenian leaders to have a less stringent federation was even trounced by the support of external players such as the United States, European Community, and other international organizations in Europe. This lack of international recognition and support made Croatia’s and Slovenia’s pursuit of independence rather taxing. To boot, the image of the Yugoslavian nation has been seen as unstable with the tension in the federation suggests impending trouble and conflict.
This impending conflict is slightly lit by succeeding events in the leadership of the federation. Specifically, the vote for the presidency of the federation went against tradition of leadership rotation. This took place when the Croat representative to the council was not elected regardless of the fact that it should be their turn to take the presidency as inscribed in the constitutional arrangements of the federation. (p570) Threats of secession from the federation fluttered from the Croatian camps threatening the other republics if their candidate were not elected. Nevertheless, seeing the Croatian claims as an empty threat, the other influential republics block voted such that another candidate.
National unity of Yugoslavia hangs in the balance such that in 1991 countries like the United States suspended the whole lot of the economic support that the country is providing the Yugoslavs. (p570) In an attempt to gain confidence from the international community, the Yugoslav Prime Minister declared martial law such that any more attempts of the other republics to emancipate themselves or secede from the federation would be pre-emptively squashed. Despite the military strength of the federation and the overpowering political backing from external players, Slovenia and Croatia declared their independence from the federation the very next day after the declaration of martial law. This proved to be the last straw for the federation. A couple of days later, they attacked Slovenia, prompting the newly independent republic to declare a state of war and a petition for international assistance. This was the start of the demise of the former SFRY.
III. International Implications of the Dissolution of the SFRY
The consequent conflict between the secessionist parties and the federation in Yugoslavia was rather telegraphic to say the least. As stated in the earlier part of the paper, the tension and attitudes of those involved spelled out the actual outcome of the Yugoslavian situation. Even before the actual armed conflict took place, the behemoths of the western world like the United States and the European Community (EC) have taken the necessary steps in keeping peace in the said region. To illustrate, the EC initially urged the federation to settle their differences in a peaceful manner. (Civic, 1993) To provide weight on this plea to the federation, the EC also indicated that acceptance of the secessionists from their part will be rather cold and even distance themselves to the said countries. The EC even advanced a loan agreement to both Croatia and Slovenia amounting to over 807 million loan agreement to serve as an incentive for the said countries to stay with the federation. This was given a day before the two republics twenty-four hours before they have declared their independence. This shows that Croatia and Slovenia have already decided to sever ties to the federation despite of the threats of cold treatment from the European Community.
The United States on the other hand clearly stated that no rewards will be given to countries trying to secede from the federation. (Civic, 1993) This was held in the correspondence of then former President George D.K. Bush to then Prime Minister Ante Markova of the Yugoslavian Federation. This is further backed up by the claim of then Secretary of State James Baker indicating that the United States will, by no means, honour and recognize “any unilateral declarations of independence” from both Croatia and Slovenia. (Civic, 1993) All of these are done to deter any more actions from the two secessionist republics. Nevertheless, both attempts were held futile based on the turn of events.
With the arguments above, it appears that the international reaction to the ensuing conflict in Yugoslavia is partly to blame in the situation. The constant demands for national unity appeared to be pointless given that two of the republics evidently wanted to separate themselves from the federation. As seen above, the inactivity of the said countries has made the situation increase in proportion and even came to the point where the surrounding circumstances were on shaky ground, with any flawed move may trigger an armed conflict. This is what exactly took place in the case of Yugoslavia.
On the part of the United Nations, sanctions on the country were given several months subsequent to the start of the armed conflict. The problem is that these sanctions proved to be useless since the conflict lasted for a considerable length of time. To make things worse, the conflict was made stronger the longer it continued. Humanitarian assistance was also provided by the UN through the United Nations Protection Force (UPROOT). Nevertheless the mandate of the said body was limited to a certain extent, excluding the power to use military efforts in the conflict in Yugoslavia. Other events that led to more violence in the region are the intervention of NATO. Military actions such as the bombing of the Bosnian Serbs as well as maritime embargoes were carried out. In the NATO bombings, the action was said to have been a reprisal for the violation of cease-fire ordered to both camps.
Intervention, thus, may have been the key in this matter, specifically the timing of the intervention from other countries. As seen in the case of Yugoslavia, there was, by no means, any possibility of compromise between the parties. Had the intervention from the international arena like the EC or the US been during the early parts of the conflict, then all the ensuing violence from the republics in Yugoslavia and the military interventions from other countries may have been averted. A peaceful dissolution may have taken place, similar to what took place between the Swedish and Norwegian setting in 1905.
IV. The Vance Missions
In the emergence of conflict in the region, international organizations and other nations have taken the necessary steps in reinstating peace in the land.
V. Birth of the Federal Republic of Yugoslavia
VI. Conflict between States and Consequent War Crimes Charged to Yugoslavia
War Crimes: An End in Sight?. Contributors: Joanne M. Dolour – author. Journal Title: Social Education. Volume: 65. Issue: 7. Publication Year: 2001. Page Number: 441+. COPYRIGHT 2001 National Council for the Social Studies; COPYRIGHT 2002 Gale Group
From Nuremberg to Bosnia and Beyond: War Crimes Trials in the Modern Era. Contributors: Jeremy Coldwell – author. Journal Title: Social Justice. Volume: 22. Issue: 3. Publication Year: 1995. Page Number: 111+. COPYRIGHT 1995 Crime and Social Justice Associates; COPYRIGHT 2002 Gale Group
VII. Legal Issues and Uncertain Membership in the United Nations
Credit:ivythesis.typepad.com
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