Balkans Program

The Balkans Program has focused on those areas in the Balkans where ethnic conflict could resume and where issues of status and independence remain unresolved. A major focus of the program is preparing the parties in Kosovo and relevant international bodies for final status negotiations to define Kosovo's future. This involves advice on constitutional issues and models appropriate for an entity seeking its place within European and Trans-Atlantic structures and detailed reviews of issues likely to arise in final status peace talks.

The program has also focused on advising the Montenegrin authorities on their peaceful effort to explore independence from Serbia to reinforce their progress toward democratic and economic reforms. Monitoring implementation of the Lake Ohrid agreement between Macedonian Slavs and Albanians, which PILPG helped negotiate, remains a matter of interest for the program. Field reports summarizing recent trends and highlighting issues of concern are occasionally published as warranted by the situation in the region.

Table of Contents:

Bosnia

Kosovo

Macedonia

Montenegro

Serbia

Bosnia

Dayton Peace Negotiations
PILPG served as legal counsel to the Bosnian Government delegation during the negotiation of the Dayton Peace Accords. A member of PILPG was accredited as a member of the Bosnian delegation and was present during the entire negotiations

Bosnia – Post-Dayton Constitution
PILPG is assisting the Bosnian government with a review of the current Bosnian constitution and with the preparation of amendments to the constitution that will restore and rehabilitate currently ineffective political and economic institutions.

Balkan Action Council
The Council, a program of PILPG, implemented an active educational and advocacy effort on a range of Balkan issues that initially focused heavily on Dayton implementation. Utilizing an Executive Committee of former senior U.S. Government officials including Morton Abramowitz, Zbigniew Brzezinski, Frank Carlucci, Max Kampelman, Jeane Kirkpatrick, Helmut Sonnenfeldt, and Paul Wolfowitz, the Council developed policy alternatives and communicated them to officials and the media.

The Council was particularly active during the Kosovo war, with briefings for the media, op-eds and discussions with U.S. and NATO officials. A press conference held at the National Press Club at which several members of the Executive Committee urged that U.S. ground troops be considered for Kosovo received prominent coverage in the national media, including the primary evening news programs and CNN.

The Council also worked closely with members of the then-Serbian democratic opposition to encourage broader-based cooperation within Serbia and U.S. government funding for democratization efforts via the National Endowment for Democracy. The Council helped organize visits to Washington by democratic opposition leaders. In a related effort, the Council provided strong support for measures to uphold the security of Montenegro, which broke with FRY President Slobodan Milosevic and served as a crucial base of operations for the Serbian democratic opposition and media.

Independent Commission on UNPROFOR
Two members of PILPG served on the British-based Independent Commission on UNPROFOR, which evaluated the overall effectiveness of the UNPROFOR deployment and made recommendations for improving its ability to accomplish its mandate.

Draft UN General Assembly Resolution
Together with diplomatic representatives of Turkey, Venezuela, Malaysia, Morocco and Pakistan, PILPG drafted a UN General Assembly resolution declaring that the UN arms embargo may not be legitimately applied to Bosnia-Herzegovina.

Bosnia Electoral Reform
The Balkan Action Council, a program of PILPG, prepared a report outlining the electoral obstacles to attaining self-sustaining peace in Bosnia and recommended several specific reforms to improve the multiethnic and democratic aspects of the electoral process. The report was promoted during two trips to Bosnia and during discussions with U.S. decision-makers. It was also widely disseminated to congressional staff members, foreign government representatives, the media and others.

Brcko Arbitration
PILPG provided focused legal and political counsel to the Government of Bosnia-Herzegovina on matters relating to the arbitration of the municipality of Brcko.

State Succession
PILPG provided assistance to the Government of Bosnia-Herzegovina on matters of state succession related to the Brussels Conference on State Succession.

Policy Planning
PILPG participated in a series of policy-planning workshops directed by the President of Bosnia for the purpose of developing a post-Dayton policy for peace in the Balkans. PILPG also participated in a number of conferences in Stockholm, Sarajevo, and Dayton designed to establish a blueprint for a post-Dayton peace in Bosnia.

Asylum
Members of PILPG provided expert testimony concerning the political asylum applications of refugees from the territory of the former Yugoslavia.

Policy Memorandum

Implementing the Dayton Accords: Options and Recommendations (September 1997).

Op-eds

"Going Backward in the Balkans," The Washington Post ( March 19, 2004 ) by Ambassador Morton Abramowitz

"Dayton and the Future of Bosnia," Wall Street Journal-Europe by R. Bruce Hitchner

Dayton Still Plays Part in Peace Process,” Dayton Daily News ( December 20, 2000 ) by Bruce Hitchner.

The West Must Act to Avoid a Bosnia Redux,” The Wall Street Journal Europe (March 27, 1998) by Paul Williams and Norman Cigar.

The Dayton Peace Accords are Working in the Balkans,” Dayton Daily News (February 11, 1998) by Bruce Hitchner.

Staying Involved in Bosnia Makes Sense for America,” Dayton Daily News (November 21, 1997) by Bruce Hitchner.

Une Lourde Violation du Droit International,” Le Monde (June 29, 1995) by Paul Williams.

“Why the Bosnian Arms Embargo is Illegal,” Wall Street Journal Europe (June 15, 1995) by Paul Williams.

UN Members Share Guilt for the Genocide in Bosnia,” The Christian Science Monitor (August 8, 1995) by Paul Williams.

“The Crippling of Bosnia ,” The Tablet (February 25, 1995) by Paul Williams.

A Vote Against Peace in Bosnia,” Washington Times (October 5, 1998) by Marshall Freeman Harris.

Promise Them Anything,” The Weekly Standard (December 18, 1995) by Paul Williams.

Kosovo

Rambouillet/Paris Peace Negotiations
PILPG served as legal and political counsel to the Kosovar Albanian delegation during the negotiation of the Rambouillet/Paris Accords. Two members of PILPG were accredited as members of the delegation and were present during the negotiations.

Final Status Negotiations
PILPG is advising the Kosovo government as it prepares for Final Status negotiations with the international community and likely independence.

Post-Conflict Constitution
PILPG is assisting the Kosovo government with the preparation of a post-conflict and post-final status constitution.

Kosovo Action Committee
PILPG actively participated in the Kosovo Action Committee, which coordinated NGO advocacy prior to and during the Serbian campaign in Kosovo.

Human Rights
PILPG has provided a series of detailed legal memoranda to assist the Kosovar Government in formulating policy on refugee return/repatriation and in drafting new minority rights legislation.

Policy Planning
PILPG also organized a conference in March 2004 of key NGO leaders and former senior USG officials on key Balkan issues for 2004, including Kosovo's prospects for final status, Montenegro's drive for independence, and Serbia's sputtering reform effort. The conference examined overall prospects for violence, democratic reforms and border changes. The report can be accessed at: Reversing the Decline in the Balkans: Recommendations for Western Policy, A Roundtable with The Century Foundation.

The New York Times reported on the findings of the report at: "Constitutionally, A Risky Business" in The New York Times, 31 May 2003

PILPG also co-organized a policy planning roundtable in May 2003 to devise a plan for achieving a final status settlement for Kosovo. The report can be accessed at: Achieving a Final Status Settlement for Kosovo. Click here to access the report as a .pdf file.

The Washington Times reported on the findings of the report at: "Report Ties Balkan Stability to Kosovo Status" in The Washington Times, 1 June 2003

Congressional Testimony

U.S. Choices in Kosovo, before the Senate Foreign Relations Committee (1998) by James Hooper.

Background to the Kosovo Crisis, before the Senate Armed Services Committee (1998) by James Hooper.

Winning the Peace in Kosovo: Time to Formulate a Strategy, before the Sub-Committee on European Affairs of the Senate Foreign Relations Committee By Paul Williams

Field Reports

Kosovo: Time to Negotiate Final Status (January 2003), by Louis Sell.

Unbreakable Bond: Serbs and Kosovo (December 2003), by Vladimir Matic.

Kosovo: The Road Ahead (March 2002), by Louis Sell.

A Blueprint for Next Steps in Kosovo (June 18, 2001).

Policy Memoranda

Intermediate Sovereignty as a Solution to the Kosova Crisis, published by the International Crisis Group, (September 1998).

Kosovo: From Crisis to Solution, prepared in conjunction with the Austrian Ministry of Foreign Affairs (November 1, 1997).

Op-eds

"A Defining Moment," The Baltimore Sun ( March 23, 2004 ) by R. Bruce Hitchner and Paul R. Williams

“Making Sense of American Policy,” Kosova and Balkan Observer (August 2001) by James Hooper.

“Kosovo’s Mark: Nationalism, Democracy, and Power in the Balkans,” Harvard International Review (Summer 2000) by James Hooper.

Washington’s Long Knives,” The Washington Times (August 13, 1999) by James Hooper.

Can We Solve the Kosovo Problem,” The Dallas Morning News (April 11, 1999) by James Hooper.

“Why Kosovo Matters,” Current History (April 1999) by James Hooper.

Europe in Control,” The Washington Times (February 11, 1999) by James Hooper.

America Caves in Kosovo,” The Christian Science Monitor (September 17, 1998) by James Hooper

Kosovo Policy Disaster Deepens,” The Oregonian (August 9, 1998) by James Hooper.

Macedonia

Lake Ohrid Peace Negotiations
PILPG served as legal and political counsel to the Macedonian-Albanian political parties participating in the negotiation of the Skopje/Lake Ohrid Peace Accords. A member of PILPG was present in Tetevo and Skopje during the negotiations. PILPG subsequently advised the Macedonian government on the legality of their proposed referendum on territorial organization, which would have had the effect of undermining core elements of the Lake Ohrid Peace Agreement.

International Recognition
PILPG advised the President of Macedonia on the options available to Macedonia in the UN to unblock the impasse over the use of the name "Republic of Macedonia." At the request of the President a second memorandum was prepared outlining possible means for arbitrating the matter, or filing a case before the International Court of Justice. PILPG also prepared for Macedonia an extensive analysis of the Greek economic blockade against Macedonia arising out of the dispute concerning use of the name “ Republic of Macedonia.”

Montenegro

Pictures from the Field

Serbia/Montenegro Union Treaty
PILPG provided legal counsel to Montenegro during its negotiations with the Republic of Serbia over the future status of the Federal Republic of Yugoslavia. Two members of PILPG were resident in Podgorica and traveled with the Montenegrin delegation to Belgrade for the constitutional negotiations.

State Secession
In accordance with Montenegro’s request for assistance on matters related to secession from Serbia, PILPG advised the Montenegrin government on defederation issues and methods for a referendum. PILPG is also advising on the creation of a new Association of Independent States for Montenegro and Serbia.

International Recognition
PILPG is providing a legal memorandum outlining the steps a sub-state entity must undertake in order to gain international recognition as an independent state.

State Succession
PILPG is undertaking to provide a detailed legal analysis of the international law of state succession relevant to Montenegro in the event it seeks international recognition. Topics covered include state succession to debts, assets, treaties, and membership in international organizations.

Serbia

Assistance with Prosectuting War Criminals
In cooperation with the International Bar Association and the International Legal Assistance consortium, PILPG provided legal assistance and training to Serbian officials involved in the domestic prosection of suspected war criminals.

Congressional Testimony

Democratization in Serbia, before the Senate Foreign Relations Committee (1999) by James Hooper.

An Overview of Balkans Policy Issues, before the House International Relations Committee (2001) by James Hooper.

Field Report

Serbia After Djindjic: Can Invigorated Reforms be Sustained? (October 2003), by Vladimir Matic.

Legal Memorandum 

Current Legal Status of the Federal Republic of Yugoslavia (FRY) and of Serbia and Montenegro, published by International Crisis Group ( September 2000).

Op-eds

West Shouldn’t Lift Sanctions Just Yet,” Dayton Daily News (October 8, 2000) by Bruce Hitchner.

Serbia After Milosevic,” Christian Science Monitor (January 16, 1997) by Norman Cigar and Paul Williams.

 

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