An attorney at law and commentator on international and European legal affairs in Berlin, Germany, the author of this original, iconoclastic essay examines whether the current conduct of the community of states in the cases of Kosovo, Abkhazia, and South Ossetia has any implications on international law. H. Krueger notably tries to assess whether the conduct of the community of states can be used as legal precedent for other groups seeking separation. If in strictly dogmatic terms these questions must be answered negatively, the international law being hostile to secession, at the same time the article largely suggests that the conduct of the community of states bears other legal implications since, due to the violation of legal principles and the priority status accorded to political considerations in the case of Kosovo and other secessionist conflicts, “international law is practically loosing its validity.” Among other consequences of this matter of fact, the author points out the lesser acceptance of compromise by breakaway regions, the mother states’ growing temptation to undertake violent countermeasures, while third countries are given more scope for pursuing their own strategic interests. In short and to say the least, the conduct of Western nations appears inconsistent in this context, the European Union Rule of Law Mission in Kosovo based on questionable foundations.

The Redaction
CER: II-7.3.C-613