JIN COMES OUT OF THE JUG
New Debates In PACE Winter Session
The discussions, regarding Kosovo, during the winter session of the Parliamentary Assembly of the Council of Europe and the resolution passed on January 22, based on these discussions, testify to the complete incapacity of the European community in their efforts to reach an agreement on the status of this territory.
It is not accidental that on the day of the adoption of the resolution, on January 22, Prime Minister of Kosovo Hashim Tachy made an announcement, saying that the term of the declaration of Kosovo’s independence is already agreed with Washington and Brussels and it will be declared in the near future. Thus, despite the fact that, PACE has appealed to continue the negotiations based on resolution 1244 of UN Security Council, even Russia, which has become the author of this correction in the document passed by PACE, understands that it is impossible to stop the process.
We must underscore that Armenian and Azerbaijani delegations, participating in the PACE winter session, over again came to a collision, while they were representing the essential and serious differences between their attitudes.
Unlike delegate Ganira Pashaev representing Azerbaijan, who, like a parrot, yet again repeated the primitive approach of Azerbaijani side, saying that: “allegedly there is no resemblance between Kosovo and Karabakh issues”, and that “these conflicts are different from the point of view of their roots, history and reasons”, Armenian delegation considered it senseless to respond to Azerbaijani twaddle and this time chose a quite different tactics.
The target of the critical speech of Armenian side was the principle point of the speeches delivered by Russell Johnson and others regarding the exclusiveness of “Kosovo precedent”. Head of Armenian Delegation Davit Harutyunyan said: ”You can’t initiate something and from the beginning announce that it is unprecedented.”
Raffi Hovhannisyan in his speech substantiated the legal side of the issue, which was addressed to Russell Johnson’s strange logic. The thing is, similar statement contradicts both the norms of international rights, and especially the British famous notion about the legal strength of the precedent. Our response was more than substantiated, because if the international community states that in Kosovo issue they must elaborate a legal position, based on international rights, then it is strange how can this position pass round other similar cases or circumstances.
The statement of our delegation saying: “when we say “rights” we mean a universal rule that spreads on everyone. A rule can’t be exclusive for the one and impermissible for others.” was more invulnerable. Thus, finally, a knowledgeable and logical response was given, from PACE tribune, to the legal nonsense represented by Russell Johnson and the delegates like him.
The recent statement made by Armenian delegation, which has become noticeably stronger, was qualitatively different from the primitive tactics of their Azerbaijani partners. This time the blow was to the point and in our view the participants of PACE winter session finally realized that their attempt to detach “Kosovo precedent” from the planet and represent it as an outer-space phenomenon is useless.
It is more important that Armenian delegation made these statements on the eve of the declaration of Kosovo’s independence, when the international community, on the one hand is trying to create an impression that they want to continue the negotiations and on the other hand they are quite conscious that there is no way, other than the recognition of Kosovo’s independence. Kosovo precedent is turning into the unique Jin, whose coming out of the jug makes the European Union think of maintaining the unanimity of their political stances.
Because of the ripeness of “Kosovo precedent” we are on the threshold of an unavoidable turning-point in the international-legal practice, which will give way to new and unprecedented opportunities for the elaboration of a certain model for the regulation of post-soviet conflicts.
- VARDAN GRIGORYAN
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