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Title: Another Way For Kosovo?
Author: Noam Chomsky
Date: March 14, 2000
Language: en
Topics: Kosovo, NATO, former Yugoslavia
Source: Retrieved on 22nd June 2021 from https://chomsky.info/20000314/
Notes: Published in Le Monde diplomatique.

Noam Chomsky

Another Way For Kosovo?

Kosovo was an extremely ugly place last year. About 2000 people were

killed according to NATO, mostly Albanians, in the course of a bitter

struggle that began in February with Kosovo Liberation Army (KLA)

actions that the United States denounced as “terrorism” and a brutal

Serb response. By summer the KLA had taken over about 40% of the

province, eliciting a vicious reaction by Serb security forces and

paramilitaries, targeting the civilian population. According to Albanian

Kosovar legal adviser Marc Weller, “within a few days [after the

withdrawal of the monitors on 20 March 1999] the number of displaced had

again risen to over 200,000,” figures that conform roughly to US

intelligence reports [1].

Suppose the monitors had not been withdrawn in preparation for the

bombing and diplomatic efforts had been pursued. Were such options

feasible? Would they have led to an even worse outcome, or perhaps a

better one? Since NATO refused to entertain this possibility, we cannot

know. But we can at least consider the known facts, and ask what they

suggest.

Could the Kosovo Verification Mission (KVM) monitors of the Organisation

for Security and Cooperation in Europe (OSCE) have been left in place,

preferably strengthened? That seems possible, particularly in the light

of the immediate condemnation of the withdrawal by the Serb National

Assembly. No argument has been advanced to suggest that the reported

increase in atrocities after their withdrawal would have taken place

even had they remained, let alone the vast escalation that was the

predicted consequence of the bombing signalled by the withdrawal. NATO

also made little effort to pursue other peaceful means; even an oil

embargo, the core of any serious sanctions regime, was not considered

until after the bombing.

The most important question, however, has to do with the diplomatic

options. Two proposals were on the table on the eve of the bombing. One

was the Rambouillet accord, presented to Serbia as an ultimatum. The

second was Serbia’s position, formulated in its 15 March 1999 “Revised

Draft Agreement” and the Serb National Assembly Resolution of 23 March

1999 [2]. A serious concern for protecting Kosovars might well have

brought into consideration other options as well, including, perhaps,

something like the 1992–93 proposal of the Serbian president of

Yugoslavia, Dobrica Cosic, that Kosovo be partitioned, separating itself

from Serbia apart from “a number of Serbian enclaves” [3]. At the time

the proposal was rejected by Ibrahim Rugova’s Republic of Kosovo, which

had declared independence and set up a parallel government; but it might

have served as a basis for negotiation in the different circumstances of

early 1999. Let us, however, keep to the two official positions of late

March: the Rambouillet ultimatum and the Serb Resolution.

Kept from the public eye

It is important and revealing that, with marginal exceptions, the

essential contents of both positions were kept from the public eye,

apart from dissident media that reach few people.

The Serb National Assembly Resolution, though reported at once on the

wire services, has remained a virtual secret. There has been little

indication even of its existence, let alone its contents. The Resolution

condemned the withdrawal of the OSCE monitors and called on the United

Nations and OSCE to facilitate a diplomatic settlement through

negotations “toward the reaching of a political agreement on a

wide-ranging autonomy for [Kosovo], with the securing of a full equality

of all citizens and ethnic communities and with respect for the

sovereignty and territorial integrity of the Republic of Serbia and the

Federal Republic of Yugoslavia [FRY].” It raised the possibility of an

“international presence” of a “size and character” to be determined to

carry out the “political accord on the self-rule agreed and accepted by

the representatives of all national communities living in [Kosovo].” FRY

agreement “to discuss the scope and character of international presence

in [Kosovo] to implement the agreement to be accepted in Rambouillet”

had been formally conveyed to the negotiators on 23 February, and

announced by the FRY at a press conference the same day [4]. Whether

these proposals had any substance we cannot know, since they were never

considered, and remain unknown.

Perhaps even more striking is that the Rambouillet ultimatum, though

universally described as the peace proposal, was also kept from the

public, particularly the provisions that were apparently introduced in

the final moments of the Paris peace talks in March after Serbia had

expressed agreement with the main political proposals, and that

virtually guaranteed rejection. Of particular importance are the terms

of the implementation Appendices that accorded to NATO the right of

“free and unrestricted passage and unimpeded access throughout the FRY

including associated airspace and territorial waters”, without limits or

obligations or concern for the laws of the country or the jurisdiction

of its authorities, who are, however, required to follow NATO orders “on

a priority basis and with all appropriate means” (Appendix B).

The Annex was kept from journalists covering the Rambouillet and Paris

talks, says Robert Fisk: “The Serbs say they denounced it at their last

Paris press conference – an ill-attended gathering at the Yugoslav

Embassy at 11pm on 18 March”. Serb dissidents who took part in the

negotiations allege that they were given these conditions on the last

day of the Paris talks and that the Russians did not know about them.

These provisions were not made available to the British House of Commons

until 1 April, the first day of the Parliamentary recess, a week after

the bombing started [5].

In the negotiations that began after the bombing, NATO abandoned these

demands entirely, along with others to which Serbia had been opposed,

and there is no mention of them in the final peace agreement.

Reasonably, Fisk asks: “What was the real purpose of NATO’s last minute

demand? Was it a Trojan horse? To save the peace? Or to sabotage it?”

Whatever the answer, if the NATO negotiators had been concerned with the

fate of the Kosovar Albanians, they would have sought to determine

whether diplomacy could succeed if NATO’s most provocative, and

evidently irrelevant, demands had been withdrawn; the monitoring

enhanced, not terminated; and significant sanctions threatened.

Take it or leave it

When such questions have been raised, leaders of the US and British

negotiating teams have claimed that they were willing to drop the

exorbitant demands that they later withdrew, but that the Serbs refused.

The claim is hardly credible. There would have been every reason for

them to have made such facts public at once. It is interesting that they

are not called to account for this startling performance.

Prominent advocates of the bombing have made similar claims. An

important example is the commentary on Rambouillet by Marc Weller [6].

Weller ridicules the “extravagant claims” about the implementation

Appendices, which he claims were “published along with the agreement,”

meaning the Draft Agreement dated 23 February. Where they were published

he does not say, nor does he explain why reporters covering the

Rambouillet and Paris talks were unaware of them. As was, it appears,

the British parliament. The “famous Appendix B,” he states, established

“the standard terms of a status of forces agreement for KFOR [the

planned NATO occupying forces]”. He does not explain why the demand was

dropped by NATO after the bombing began, and is evidently not required

by the forces that entered Kosovo under NATO command in June, which are

far larger than what was contemplated at Rambouillet and therefore

should be even more dependent on the status of forces’ agreement. Also

unexplained is the 15 March FRY response to the 23 February Draft

Agreement.

This response goes through the Draft Agreement in close detail, section

by section, proposing extensive changes and deletions throughout, but

includes no mention at all of the appendices – the implementation

agreements which, as Weller points out, were by far the most important

part and were the subject of the Paris negotiations then underway. One

can only view his account with some scepticism, even apart from his

casual attitude toward crucial fact, already noted, and his clear

commitments. For the moment, these important matters remain buried in

obscurity.

Despite official efforts to prevent public awareness of what was

happening, the documents were available to any news media that chose to

pursue the matter. In the US the extreme (and plainly irrelevant) demand

for virtual NATO occupation of the FRY received its first mention at a

NATO briefing of 26 April, when a question was raised about it but was

quickly dismissed and not pursued. The facts were reported as soon as

the demands had been formally withdrawn and had become irrelevant to

democratic choice. Immediately after the announcement of the peace

accords of 3 June the press quoted the crucial passages of the “take it

or leave it” Rambouillet ultimatum, noting that they required that “a

purely NATO force was to be given full permission to go anywhere it

wanted in Yugoslavia, immune from any legal process,” and that “NATO-led

troops would have had virtually free access across Yugoslavia, not just

Kosovo” [7].

Through the 78 days of bombing negotiations continued, each side making

compromises – described in the US as Serb deceit, or capitulation under

the bombs. The peace agreement of 3 June was a compromise between the

two positions on the table in late March. NATO abandoned its most

extreme demands, including those that had apparently undermined the

negotiations at the last minute and the wording that had been

interpreted as calling for a referendum on independence. Serbia agreed

to an “international security presence with substantial NATO

participation” – the sole mention of NATO in the peace agreement or

Security Council Resolution 1244 affirming it.

Scraps of paper

NATO had no intention of living up to the scraps of paper it had signed,

and moved at once to violate them, implementing a military occupation of

Kosovo under NATO command. When Serbia and Russia insisted on the terms

of the formal agreements, they were castigated for their deceit, and

bombing was renewed to bring them to heel. On 7 June NATO planes again

bombed the oil refineries in Novi Sad and Pancevo, both centres of

opposition to Milosevic. The Pancevo refinery burst into flames,

releasing a huge cloud of toxic fumes, shown in a photo accompanying a

New York Times story of 14 July that discussed the severe economic and

health effects. The bombing itself was not reported, though it was

covered by wire services [8].

It has been argued that Milosevic would have tried to evade the terms of

an agreement, had one been reached in March. The record strongly

supports that conclusion, just as it supports the same conclusion about

NATO – not only in this case, incidentally; forceful dismantling of

formal agreements is the norm on the part of the great powers [9]. As

now belatedly recognised, the record also suggests that “it might have

been possible [in March] to initiate a genuine set of negotiations – not

the disastrous American diktat presented to Milosevic at the Rambouillet

conference – and to insert a large contingent of outside monitors

capable of protecting Albanian and Serb civilians alike” [10].

At least this much seems clear. NATO chose to reject diplomatic options

that were not exhausted and to launch a military campaign that had

terrible consequences for Kosovar Albanians, as anticipated.

[1] Marc Weller, “The Rambouillet Conference,” International Affairs,

London, April 1999. See note 8.

[2] On the first text, see Marc Weller (ed), International Documents &

Analysis, vol. 1, The Crisis in Kosovo 1989–1999, Cambridge University

Press, 1999, from p. 480. On the second, New Military Humanism.

[3] Miranda Vickers, Between Serb and Albanian: A History of Kosovo,

Columbia, 1998.

[4] See New Military Humanism for details; International Documents, 470;

Mark Littman, Kosovo: Law and Diplomacy, Centre for Policy Studies,

London, November 1999.

[5] Robert Fisk, The Independent, London, 26 November 1999; Littman, op.

cit.

[6] Marc Weller, International Documents, p. 411. As noted, the

commentaries are barely-concealed advocacy of the bombings.

[7] Steven Erlanger, New York Times, 5 June 1999; Blaine Harden, ibid.,

oblique reference; Guy Dinmore, Financial Times, London, 6 June 1999.

See New Military Humanism for further details.

[8] Wire services, 7 and 8 June 1999; Chris Hedges, New York Times, 14

July 1999.

See also Los Angeles Times, 6 July 1999.

[9] On the recent US record, see New Military Humanism and sources

cited.

[10] Editorial, Boston Globe, 9 December 1999.