Kosovo - Political Reality, Legal Fiction. An analysis of Kosovo and the legal implications of supervised independence

Kosovo was administered by the UN for almost ten years before unilaterally declaring its independence on the 17th of February 2008. In order to gain support from some major international political players, the declaration of independence was made in line with a number of requirements, including continued external presences, resulting in a ''supervised independence''. These requirements were outlined in a proposal formed by the UN Special Envoy for Kosovo Matti Ahtisaari. As the proposal was not accepted in the UNSC, it could not, however, replace the existing resolution mandating the UN - presence in Kosovo since 1999. There has consequently been much confusion and uncertainty about the legal status of Kosovo and the tasks of the missions entrusted to international actors. The two documents now exist in parallel&semic the Ahtisaari-proposal is more of a political document enabling the presence of an International Civilian Representative with far-reaching executive authorities and the UN-resolution giving continued legal authority for the UN, KFOR and arguably the EU rule of law mission. Together these actors have executive authority in all branches of government and the monopoly to use violence still remains with the international military forces. As Kosovo did not have an effective government in control at the time of the declaration of independence, the criteria for statehood could be put into doubt as not to have been fulfilled at that point of time. The declaration was only recognised by approximately one third of all existing states and consequently such recognitions did not have a sufficiently mending effect. Influence exercised by external actors does not necessarily infringe upon statehood but if influence extends to a substantive control that cannot be brought to an end at the choice of the state in question, actual independence may be lost. Furthermore, the division between Kosovo Albanians and Serbs are still deep and the internal problems are ongoing and considerable. Without economic, military and political support Kosovo could not possibly exist as a state today. As Kosovo never came to reach independence from the external actors, their presence also currently impedes the achievement of statehood. Accordingly, the conclusion seems inevitable, that Kosovo is merely so far a politically created entity almost devoid of the necessary attributes to make it a state