Self-Determination and the Disintegration of Yugoslavia: What Lessons for the International Community?

Abstract

While the tragic disintegration of Yugoslavia is a fait accompli, it may be asked whether it was inevitable. It may be asked whether it was an inescapable consequence of resurgent nationalism in post-communist Europe or, rather, the consequence of an inadequate response to what was essentially an artificial and manageable ethnic conflict. Indeed, there are many lessons to be learned from this tragic episode of modern history. For the international community, perhaps the single most important lesson is that turning moral issues into a realpolitik quagmire eventually exacts a heavy cost in terms of human rights as well as international peace and security. In the words of the Universal Declaration of Human Rights, “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”. In the emerging New World Order, the legitimacy and viability of the State must be premised on respect for fundamental human rights and freedoms; a theme which continuously emerges in the course of events leading to the disintegration of Yugoslavia.

The author wishes to express his gratitude to Professor Karen Knop, University of Toronto, Faculty of Law, for her useful comments and suggestions on this paper. The views expressed in this article are only those of the author, in his personal capacity.