peacefare.net

Reciprocity is right, and making it stick is vital

Kosovo in recent days has imposed on cars coming from Serbia a requirement to use Kosovo license plates. This mirrors a Serbian requirement that cars coming from Kosovo use Serbian plates. Serb residents of northern Kosovo are protesting by blocking roads. Kosovo police have so far not cleared them.

Reciprocity is correct from the Pristina perspective. It is a basic principle of relations between sovereign states. That is also precisely why Serbia rejects it. Belgrade regards Kosovo as Serbian sovereign territory. Reciprocity is not a principle that governs relations between a sovereign and part of its own territory, even if that part has its own goverrnment, police, and in this case security forces.

From my perspective, Kosovo is a sovereign state: its declaration of independence breached no international law, Serbia has recognized the validity of Kosovo’s constitution on its entire territory, and it has its own democratically validated parliament, prime minister, and president. Serbia does not contest this and claims the territory but not 90% of the people. But if Kosovo Albanians are not citizens of Serbia, then they must be citizens of something else, which is the Republic of Kosovo for all practical and legal purposes.

So demanding reciprocity is consistent with Kosovo’s sovereignty, but that doesn’t mean applying that principle to license plates is smart. Once you do that, you need to anticipate what Belgrade will do in response, like blocking the roads. If you can leave them blocked without any serious economic harm, or if you can clear them without creating a mess, you could come out on top, but only if Belgrade yields. You have to also think about what else Belgrade might do next: create trouble in the Serb communities south of Ibar, complain to the European Union and the Americans, or make a show of military force on its side of the border, which is what it has done in addition to the complaints. It doesn’t suffice to be right about reciprocity; you have to make it stick.

There are other areas where the principle of reciprocity might be invoked, perhaps with greater effect. Certainly Kosovo should ask of Serbia, which wants an Association of Serb-majority Municipalities in Kosovo, an Association of Albanian-majority municipalities in Serbia, with equivalent functions and powers. It could also ask for guaranteed Albanian seats in Serbia’s parliament, as 10 seats in Kosovo’s are reserved to Serbs. It was a mistake not to insist that the Specialist Chambers now prosecuting Kosovo Liberation Army leaders in The Hague also be able to prosecute crimes committed on the territory of Serbia, not just Kosovo.

But to do these things successfully, Pristina needs to line up unequivocal international support in Washington and Brussels. Both have instead adopted an attitude of impartiality. This is a mistake. Serbia is no long “sitting on two stools.” It has committed itself to Russia and China, which have reciprocated with arms and investment. The EU and US need to open their eyes and realize that the current geopolitical competition requires a much firmer commitment to pro-Western forces throughout the Balkans, not only in Kosovo but also in Croatia, Montenegro, Macedonia, and Bosnia and Herzegovina.

President Biden, who has expressed unequivocal support for the sovereignty and territorial integrity of all the countries of the Balkans, needs now to put his thumb of the scale in favor of democracy throughout the region. That will mean favoring some over others, rather than retreating to a “Europe whole and free” mantra that was appropriate for the unipolar moment but now faces concerted Russian troublemaking and Chinese influence-peddling throughout the continent. Serbia has made itself handmaiden to those efforts.

Kosovo is America’s most loyal friend in the region. It is time for Washington to recognize it as a strategic partner in countering Russian and Chinese influence and to support unequivocally its sovereign equality with Serbia. With that support, reciprocity will stick.