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Succession of states in Yugoslavia
Succession of states in Yugoslavia
Consequences of this principle
What about the borders?
Utis possidetis juris: principle of international law which provides that newly formed sovereign states should have the same borders that their preceding dependent area had before their independence, unless a treaty states otherwise.
Background
What can we consider as a 'people'?
GENOCIDE QUESTION
"Yugoslavia has 6 Republics, 5 Nations, 4 Languages, 3 Religions, 2 Alphabets and 1 party"
Since WWII: dominant interpretation of 'people' --> Territorial one
Post-Cold War: territorial definition of 'people' extended to include the population of a federal unit of an internationally recognised and independant state
--> Enables national groups that are dominant within their respective erderal units to proceed to independent statehood within the territorial limits of that federal unit
- Massacre of Srebrenica
- The case of Kosovo
--> International Criminal Tribunal for the former Yugoslavia created in 1993: a body of the United Nations established to prosecute serious crimes committed during the Yugoslav Wars, and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague, Netherlands.
Right of Self-Determination of Peoples
Principle developped by the United Nations: Article 1(2) and 55 of UN Charter
Article 1(2) : To develop friendly relations among nations based on respect for the
principle of equal rights and self-determination of peoples, and to take other
appropriate measures to strengthen universal peace
Article 55:
With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
a. higher standards of living, full employment, and conditions of economic and social progress and development;
b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.