Serbs were knocking on the door of Nairobi on Thursday in protest at Kenya's decision to recognise the independence of Kosovo, a region in southeastern Europe that has been seeking independence from Belgrade for two decades.
The beef was that Kenya had on Wednesday endorsed that independence, with President William Ruto proceeding to proclaim Kenya’s intent to establish diplomatic ties and recognise Kosovo passports.
However, on Thursday morning, Danijela Čubrilo Martić, the Serbian Ambassador to Kenya, delivered her country’s protests to Nairobi, warning that the move was a risky decision that violates international law and threatens “friendly” relations.
“Such an act constitutes a blatant violation of international law and a direct breach of United Nations Security Council Resolution 1244, which unequivocally guarantees the sovereignty and territorial integrity of the Republic of Serbia,” the protest from the Serbian Foreign Ministry said.
“The Republic of Serbia will take all necessary diplomatic and political measures in response to this unacceptable and unfriendly act.”
For Kosovo, Kenya’s decision is both a legal and historical debate. Nairobi justified the move by citing a 2010 advisory opinion from the International Court of Justice.
“Kosovo's declaration of independence on 17th February, 2008, received the endorsement of the International Court of Justice (ICJ) in 2010. Kenya has recognised Kosovo in the interest of international peace and security, territorial integrity and in furtherance of strengthening relations with countries in the Balkans,” a statement from Kenya’s Foreign Affairs ministry said on Wednesday.
On October 8, 2008, the UN the General Assembly had asked the Court to advise on: “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?” It came after Kosovo declared independence from Serbia in February 2008.
The Court ruled that the unilateral declaration of independence did not violate international law because there has been no law prohibiting such declarations. This decision, however, was non-binding. The UN General Assembly adopted it nonetheless. But the question of Kosovo’s actual admission to the UN has often failed in the UN Security Council, after Russia vetoed it.
When the case was heard, Serbia wrote a statement to the ICJ, arguing Kosovo’s independence flagrantly violated Security Council resolution 1244 (1999) and the international legal regime established by it, “as well as the sovereignty and territorial integrity of Serbia and other principles of international law”.
That Resolution was passed at the height of the Kosovo war where thousands of natives had been displaced. It directed for the support of “substantial autonomy and meaningful self-administration for Kosovo… within the Federal Republic of Yugoslavia”.
It also directed for the start of a political process “towards the establishment of an interim political framework agreement providing for a substantial self-government for Kosovo, taking full account…territorial integrity of the Federal Republic of Yugoslavia and the other countries of the region”.
Yugoslavia had disintegrated continually from 1991 although Serbia was still a part of what was known as the Federal Republic of Yugoslavia in 1999. It was later renamed Serbia and Montenegro in 2003 but the two split into two in 2006. The original Yugoslavia included Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Slovenia.
Serbia, however, continued to claim Kosovo as its territory.
On Thursday, Belgrade said any reference to the 2010 advisory opinion of the International Court of Justice is unfounded.
“At the same time, this move sets a regrettable precedent in the traditionally friendly relations between Serbia and Kenya—relations that have been built over decades on the principles of mutual respect and cooperation, including within the Non-Aligned Movement.”
Kenya’s decision excited Albanians with their President Bajram Begaj expressing delight.
"Pleased that Kenya has recognised the state of Kosovo today.
"I extend my gratitude to my friend (President) William Ruto for this decision, warmly welcomed by all Albanians,” he wrote on X.
President Ruto had delivered the news to visiting Kosovan presidential special envoy Behgjet Pacolli, who has been campaigning for his region’s recognition.
The move swatted away Serbian lobbying, which had campaigned heavily in Africa against recognising a territory it sees as belonging to Serbia. In October 2023, President Ruto had met with Serbian counterpart Aleksandar Vucic on the sidelines of a conference in Beijing, China. The Serbian leader indicated he had got assurances that Nairobi won't join the recognition bandwagon on Kosovo.
Kosovo has claimed 117 countries around the world recognise its independence but only 10 in Africa have done so. Israel had been the last country to recognise Kosovo in 2020. The US and some key European Union members recognise Kosovo, which is comprised of 1.9 million people, mostly ethnic Albanians but also Serbs.
Serbia, however, says 28 countries have withdrawn or frozen the recognition of Kosovo.
“The clear majority of the international community, along with law and justice, remain on Serbia’s side.”
