Kosovo unilaterally self-proclaimed independence from Serbia in 2008, a move which Serbia strongly rejects. Serbia has not recognized Kosovo as an independent state and continues to claim it as the Autonomous Province of Kosovo and Metohija. However, differences and disputes remain, while North Kosovo partially remains under Serbian influence. Initially, there were no relations between the two, but in the following years, there has been increased dialogue.
Kosovo is not a member state of the United Nations. It is a partially recognized country, with 110 out of 193 UN member states recognizing its independence. According to the international law, and United Nations Security Council Resolution 1244, which ended the Kosovo War, it is claimed by Serbia as the Autonomous Province of Kosovo and Metohija.
Negotiations facilitated by the European Union resulted in the 2013 Brussels Agreement on the normalization of relations between the governments of Kosovo and Serbia. The agreement pledged both sides not to block the other in the EU accession process, defined the structure of the police and local elections in all parts of Kosovo, and also established the proposal of the Community of Serb Municipalities.
The United States-mediated diplomatic talks agreed on the interconnection of air, train and road traffic, while both parties signed the 2020 agreement on the normalisation of economic relations. Kosovo and Serbia are expected to become part of the single market, known as Open Balkan.
Both parties agreed to a proposed normalisation agreement in EU mediated dialogue in February 2023 and through further negotiations accepted a roadmap and timescale for its implementation the following month.
Reaction to declaration of independence
Serbia strongly opposed Kosovo's declaration of independence, which was declared on 17 February 2008. On 12 February 2008, the Government of Serbia instituted an Action Plan to combat Kosovo's anticipated declaration, which stipulated, among other things, recalling the Serbian ambassadors for consultations in protest from any state recognising Kosovo, which it has consistently done. Activities of ambassadors from countries that have recognised independence are limited to meetings with Foreign Ministry lower officials. The economic team for Kosovo and Metohija and the South of Serbia, 20 February 2008. Retrieved 25 March 2008 The Serbian Ministry of the Interior issued arrest warrants against Hashim Thaçi, Fatmir Sejdiu and Jakup Krasniqi on 18 February 2008 on charges of high treason.
On 8 March 2008, the Serbian Prime Minister Vojislav Koštunica resigned, dissolving the coalition government, saying it was too divided over the Kosovo situation to carry on. A pre-term parliamentary election was held on 11 May 2008, together with local elections.PM Dissolves Serbia's Government, AFP, 8 March 2008.Divisions over Kosovo cripple Serb government, The Daily Telegraph, 8 March 2008. President Boris Tadić stated that the government fell "because there was no agreement regarding further EU integration".
On 24 March 2008, Slobodan Samardžić, Minister for Kosovo and Metohija, proposed partitioning Kosovo along ethnic lines, asking the United Nations to ensure that Belgrade can control key institutions and functions in areas where Serbs form a majoritySerbia proposes dividing Kosovo along ethnic lines , International Herald Tribune, 25 March 2005. but other members of the Government and the President denied these claims. On 25 March 2008, the outgoing Prime Minister, Vojislav Koštunica stated that membership in the EU should be "left aside", until Brussels stated whether it recognised Serbia within its existing borders.
On 24 July 2008, the Government decided to return its ambassadors to EU countries. Other ambassadors were returned following the positive outcome of the vote in the UN General Assembly. Serbia has expelled diplomatic representations of all neighboring countries that subsequently recognised Kosovo's independence: Albania, Bulgaria, Croatia, Hungary, Montenegro, and North Macedonia.
On 15 August 2008, Serbian Foreign Minister Vuk Jeremić filed a request at the United Nations seeking a non-legally binding advisory opinion of the International Court of Justice of whether the declaration of independence was in breach of international law. The United Nations General Assembly adopted this proposal on 8 October 2008. In July 2010, the ICJ issued its opinion which found that Kosovo's declaration of independence "did not violate international law".
History 2008–2013
Since the declaration of independence, Serbia refused to deal directly with the Republic of Kosovo, but only through the international intermediaries UNMIK and EULEX. However, there has been some normalisation; beginning in 2011, an EU team persuaded Serbia to discuss some minor border issues with Kosovo; in February 2013, the presidents of Kosovo and Serbia met in Brussels. Liaison officers are also being exchanged. Belgrade and Pristina are urged to continue talks in Brussels, but Serbia is not obliged to recognize Kosovo at any point in the process.
On 27 March 2012, four Kosovo Serbs, including the mayor of Vitina, were arrested by Kosovo Police while attempting to cross the disputed border at Bela Zemlja back into Kosovo with campaign materials for an upcoming election. They were subsequently charged with "incitement to hatred and intolerance among ethnic groups".
The following day, trade unionist Hasan Abazi was arrested with fellow unionist Adem Urseli by Serbian police manning the Central Serbia/Kosovo crossing near Gjilan. Abazi was charged with espionage and Urseli with drug smuggling. Serbian Interior Minister Ivica Dačić stated of the arrests that "Serbian police did not wish to take this approach, but the situation obviously could no longer go on without retaliation... If someone wants to compete in arrests, we have the answer". According to his lawyer, Abazi was then held in solitary confinement. On 30 March, the Serbian High Court in Vranje ordered Abazi to be detained for thirty days on espionage charges dating to an incident in 1999 in which Abazi allegedly gave information to NATO. Abazi's arrest was protested by Amnesty International and Human Rights Watch as "arbitrary" and "retaliatory".
On 19 October 2012, normalisation talks mediated by the European Union began in Brussels with Serbian Prime Minister Ivica Dačić and Kosovo Prime Minister Hashim Thaçi, where the two PMs sat at the table and initiated talks on normalising relations between Pristina and Belgrade. Reaching such a deal was a necessary condition of Serbia's EU candidacy. The governments slowly reached agreements and deals on various areas, such as freedom of movement, university diplomas, regional representation and on trade and international customs. In Brussels, Serbia and Kosovo agreed that implementation of the border agreement would start on 10 December 2012. A historic meeting took place on 6 February 2013, when Serbian president Tomislav Nikolić and Kosovar President Atifete Jahjaga sat at the same table for the first time since Kosovo declared independence.
Following a December 2012 agreement, the two nations swapped liaison officers who worked at EU premises in the two capitals. Pristina referred to these officers as "ambassadors", but Belgrade rejected such a designation.
Serbia's top officials met with the EU High Representative for Foreign Affairs and Security Policy Catherine Ashton in Brussels, on 11 March 2013, Serbian president Nikolić said that Serbia and Kosovo were very close to signing an agreement which would improve their relations.
On 19 April 2013, the two governments completed the Brussels Agreement that was hailed as a major step towards normalising relations, and would allow both Serbia and Kosovo to advance in European integration. The agreement is reported to commit both states not to "block, or encourage others to block, the other side's progress in the respective EU paths." Serbia can block Kosovo in international organizations, but it cannot stand in the way of Kosovo's European integration process. Amongst other measures the deal establishes a special police commander (Commander will be appointed by Pristina from a list submitted by Serbs) and appeal court (Under Pristina laws and procedures) for the Serb minority in Kosovo, but does not amount to a recognition of Kosovo's independence by Belgrade. In news reports Ashton was quoted as saying, "What we are seeing is a step away from the past and, for both of them, a step closer to Europe", whilst Thaçi declared "This agreement will help us heal the wounds of the past if we have the wisdom and the knowledge to implement it in practice."
The agreement also defined the structure of the police and local elections, called for integration of Serbian institutions into the Kosovo police and judicial authorities within Kosovo's legal framework and also established the proposal of the Community of Serb Municipalities. The Community of Serb Munucipalities would include the four Serb-run northern municipalities of North Mitrovica, Leposavić, Zvečan and Zubin Potok. The deal envisaged the withdrawal of Serbian presence in the north, in exchange for the expansion of self-governance for Kosovo Serbs.
The accord was ratified by the Kosovo assembly on 28 June 2013.
2013 Brussels Agreement
Kosovo–Serbia negotiations encountered difficulties in the wake of the agreement reached in Brussels.
On 7 August 2013, an agreement was announced between the two governments to establish permanent border crossings between Serbia and Kosovo throughout 2014. These are complex, highly emotive issues the details of which can be worked out gradually, in step with Kosovo's and Serbia's EU accession processes. For five member states, the question of Kosovo's independence is not about Kosovo per se: it is a question of local politics.
On 9 September 2013, an agreement was reached to allow Kosovo to apply for its own international dialling code. Two days later, the Serbian government announced the dissolution of the Serb minority assemblies it created in northern Kosovo in order to allow the integration of the Kosovo Serb minority into the general Kosovo population. In order to facilitate the integration of the Serb minority in the north into Kosovar society, the Kosovo parliament passed an amnesty law pardoning for past acts of resistance to Kosovo authorities. This principle was put into effect in early December, as the governments of Serbia and Kosovo agreed to the appointment of a Kosovo Serb as chief of police in the Serbian area of Northern Kosovo. The two governments also reached agreement in principle to allow Kosovo to apply for its own international dialing code once the Serbian government begins EU accession talks. On 19 September, a EULEX officer was killed in the Serb area of Kosovo in a drive by shooting, this murder viewed as an act by opponents of reconciliation.
In late 2014, Kosovo–Serbia negotiations reached standstill owing to the change of government in Kosovo which now advocated a more hardline approach towards Serbia. More difficulties arose in December 2014, as President of Serbia Tomislav Nikolic went against the position of the government by stating that any decision on Kosovo must be submitted to a referendum.
On 26 August 2015, Kosovo and Serbia signed a series of agreements in key areas, in a major step towards normalizing ties. Kosovo's foreign minister claimed it was a de facto recognition of independence, while Serbia's prime minister said it ensured representation for ethnic-Serbs in Kosovo. As a result of the agreements, Serbia can now move forward with its negotiations to join the EU. However, the Serbian government still opposes any initiative by the government of Kosovo joining UN agencies, and Kosovo's initiative regarding UNESCO membership was met with protest by Belgrade.