Secession, National Sovereignty, and Territorial Integrity

Yet, the truth is that there is nothing new about Kosovo’s independence. Macedonians need not worry, it would seem. While, under international law, Albanians in its western parts can claim to be insurgents (as they have done in 2001 and, possibly, twice before), they cannot aspire to be a National Liberation Movement and, if they secede, they are very unlikely to be recognized.

To start with, there are considerable and substantive differences between Kosovo’s KLA and its counterpart, Macedonia’s NLA. Yugoslavia, regarded the Kosovo Liberation Army¬† in its Albanian acronym) as a terrorist organization. Not so the rest of the world. It was widely held to be a national liberation movement, or, at the very least, a group of insurgents.

Between 1996-9, the KLA maintained a hierarchical operational structure that wielded control and authority over the Albanians in large swathes of Kosovo. Consequently, it acquired some standing as an international subject under international law.

Thus, what started off as a series of internal skirmishes and clashes in 1993-5 was upgraded in 1999 into an international conflict, with both parties entitled to all the rights and obligations of ius in bello (the law of war).

I. Insurgents in International Law

Traditionally, the international community has been reluctant to treat civil strife the same way it does international armed conflict. No one thinks that encouraging an endless succession of tribal or ethnic secessions is a good idea. In their home territories, insurgents are initially invariably labeled as and treated by the “lawful” government as criminals or terrorists.

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