A better plan for Kosovo

Independence sets a bad precedent. Partition is better.

from the May 7, 2007 edition

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What, then, to do? Rather than dictate separation, the only course consistent with both international law and long-term stability in the Balkans is to continue to press for a negotiated settlement between Kosovo and Serbia. Unfortunately, the one option that might encourage such a settlement is partitioning Kosovo, which has been inexplicably rejected by international mediators from the beginning. Partition is not without its problems, but it would serve the interests of both parties better than the all-or-nothing option offered by Ahtisaari.

Ceding the northern part of Kosovo to Serbia would enable most Serbs now in Kosovo to remain within Serbia, and it may be acceptable to Kosovar Albanians if it is part of a final settlement that includes full and unconditional independence. Of course, those Serbs who remain scattered throughout Kosovo would be at risk, but their small numbers would constitute a minimal threat to the new state. Ensuring that Serbs have access to monasteries and other holy places within Kosovo would encourage economic and other ties between Serbia and Kosovo, which all observers agree are necessary for Kosovo's long-term viability.

Conditions in the Balkans and the desire of diplomats to "do something" cannot justify overturning two basic principles of international law: territorial integrity and the nonacquisition of territory by force. Insisting on independence for Kosovo is likely to trigger a Security Council veto by Russia and/or China, which would raise the stakes and make the situation even more untenable. UN-mandated independence after an armed intervention by outsiders would embolden separatists everywhere. And denying statehood to other groups that have suffered at least as much (Kurds, Tamils, and Chechens, for example) would make a mockery of morality and consistency. Adopting the Ahtisaari proposal would mean that might makes right in the Balkans, and it would serve neither peace nor justice.

• Hurst Hannum is Sir Y.K. Pao Professor of Public Law at the University of Hong Kong and professor of international law at Tufts University's Fletcher School of Law and Diplomacy in Medford, Mass.

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