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Die Europäische Union hat Serbiens Öffnung für Gespräche mit seiner abtrünnigen ehemaligen Provinz Kosovo belohnt und eine weitere Hürde auf dem Weg des Balkanlandes in die EU beiseite geräumt. Die EU-Außenminister beschlossen am Montag in Luxemburg einstimmig, die EU-Kommission mit einer Stellungnahme zum Beitrittsgesuch Serbiens zu beauftragen. Sollte diese positiv ausfallen, stünde als nächstes eine Entscheidung über den Beginn von Beitrittsverhandlungen an. Serbien hatte sich im September zu einem Dialog mit der Regierung im Kosovo bereiterklärt und darauf verzichtet, in den Vereinten Nationen neue Verhandlungen über den Status des Kosovo zu fordern. Die EU unterstrich zugleich, dass die vollständige Kooperation der Regierung in Belgrad mit dem internationalen Kriegsverbrechertribunal in Den Haag eine unerlässliche Bedingung für eine Aufnahme in die Gemeinschaft ist. Konkret fordert die EU die Festnahme des ehemaligen serbischen Militärchefs in Bosnien Ratko Mladic, einer der Verantwortlichen für den Bosnien-Krieg, sowie des ehemaligen serbischen Politikers in Kroatien, Goran Hadzic. Auch er wird als Kriegsverbrecher gesucht. Mladic wird schon lange in Serbien vermutet. UN-Chefankläger Serge Brammertz hatte Serbien im Juni vorgeworfen, die Ergreifung Mladics nicht gezielt zu verfolgen. Brammertz regelmäßige Berichte über Serbien sind eine wichtige Entscheidungsgrundlage für die EU-Außenminister. "Wenn wir ihn heute finden, werden wir ihn noch heute festnehmen", sagte der serbische Vize-Ministerpräsident Bozidar Djelic in Luxemburg. Die EU-Außenminister bekräftigten, dass jeder einzelne Schritt im Aufnahmeverfahren von der vollständigen Kooperation mit dem Tribunal abhänge und einstimmig von den 27 EU-Staaten beschlossen werden müsse. Darauf bestanden die Niederlande. Sie sind gegenüber Serbien besonders strikt. Zum einen hat das UN-Tribunal seinen Sitz in den Niederlanden. Außerdem waren es die niederländischen UN-Blauhelm-Truppen, die das Massaker an den rund 8000 Bosniern in der UN-Schutzzone Srebrenica 1995 nicht verhinderten.

Serbia has tabled an initiative to push through a resolution in the UN General Assembly declaring unilateral secession by Kosovo as "unacceptable". But major EU countries warned Belgrade that it should seek solutions to its problems in Brussels, not New York. Beta agency, EurActiv's partner in Serbia, reports.

Unhappy with the International Court of Justice's ruling that Kosovo's independence declaration did not violate international law (EurActiv 23/07/10), Serbia has taken the issue to the UN, hoping for a more sympathetic approach from its members to the issue of territorial integrity. The draft resolution calls for fresh talks on all outstanding issues, but also condemns Kosovo's unilateral declaration of independence. Belgrade plans to get it adopted at a session which starts in mid-September. As reported by international agencies, the EU has warned Belgrade that insisting on the resolution could harm relations with Brussels and eventually its aspirations to join the EU.

Belgrade has praised the UN General Assembly's adoption of a resolution on Kosovo that calls for dialogue between the state and Serbia. Serbian Foreign Minister Vuk Jeremic said the decision on Thursday night was an important move as it ended the process Serbia had started by requesting a legal opinion from the International Court of Justice, ICJ, on Kosovo's 2008 declaration of independence.

Some opposition parties in Serbia were quick to label the adoption "a defeat and shame for the Serbian people". Dragan Todorovic from the opposition Serbian Radical Party, SRS, called Thursday's adoption the "most shameful and hardest hit" that Serbia had suffered in its history. "Everyone who watched the session could see how Serbia has lost Kosovo, for which it has been fighting for generations in only one way," Todorovic told Balkan Insight.

A rare combination of events offers the EU the opportunity to help Serbia and Kosovo resolve their differences, establish relations and unblock their paths to further European integration. The 22 July International Court of Justice (ICJ) opinion that found Kosovo's declaration of independence violated no international law or UN Resolution, a September discussion in the UN General Assembly on Kosovo, an invitation to mediate by EU High Representative Catherine Ashton, and unprecedented domestic support for Prime Minister Hashim

Possibly, it only wants talks that discuss Kosovo's status, inherently delaying other countries' decisions to join the 69 states that have already recognised. But this delaying tactic is not going to work, and there will be no EU facilitated dialogue if Serbia does not accept to sit down with Kosovo as an equal. The encouraging news is that some high level officials in Serbia seem to recognise this. They are interested in moving forward with their EU candidacy and feel Kosovo as an albatross holding them back. They want to find mutually acceptable solutions with Pristina which could pave the way for recognition.

Cracks in Serbia's long-uncompromising position on Kosovo appeared on the weekend as President Boris Tadic said his country is open to discussing a compromise over its UN General Assembly resolution. In July, following a ruling by the International Court of Justice that Kosovo's 2008 unilateral declaration of independence was not in violation of international law, Belgrade submitted a resolution with the General Assembly declaring "unilateral secession is not an acceptable way to solve territorial issues" and calling for a "mutually acceptable solution to all open issues".

Last week, German foreign minister Guido Westerwelle bluntly told Serbia: "Kosovar independence is a reality," and: "The map of southeastern Europe has been laid down and completed." He also suggested that Belgrade's acquiescence on this fact was necessary before Serbia could join the EU, despite five existing member states refusing to recognise the breakaway region.

Kosovo's government has declared a victory at the UN General Assembly after it adopted a resolution calling for talks between Pristina and Belgrade. Officials in Pristina said on Friday that the modified resolution supported by all the EU member states and the US was in "full harmony with the new reality in Kosovo". The modified document, agreed by Belgrade after two days of intense pressure from Brussels, excludes the issue of Kosovo’s status in future dialogue with Serbia.

But, not everyone in Kosovo saw the new resolution as a "done deal" with Serbia. Ibrahim Makolli, the vice president of the Kosovo’s opposition party, the New Kosovo Alliance, AKR, told Balkan Insight: “I don’t see any reasons why Kosovo’s government is euphoric in this event since it was not a participant in drafting this document.” Makolli said Serbia’s agreement with the EU on the resolution should worry Kosovo’s government. “Kosovo’s government needs to know what the promises are from the EU to Serbia for this compromise. In fact, they know, but they are silent,” he said.

When EU enlargement commissioner Stefan Fule hands his 'questionnaire' over to the Serbian authorities during his visit to Belgrade next week, the recipients may wish to take a step back and reflect carefully before they sit down to formulate their responses. Serbia's replies to the list of questions will largely determine the European Commission's assessment of the country's readiness to become an EU candidate, and a few 'wrong' answers on Kosovo could easily compromise the process.

Either the European Commission or the Council of Ministers could advise against granting Belgrade candidate status or the decision could be put on hold until Belgrade has clarified contested positions, according to EU officials dealing with Serbia. The questionnaire itself is 'status neutral' regarding Kosovo, and takes into account UN Resolution 1244, which set up an international military presence in Kosovo in 1999. "Serbian answers should be status neutral and respect UN Resolution 1244 as well," an EU member state diplomat told WAZ.EUobserver. "That means Serbia will not be forced to recognise Kosovo's independence in the questionnaire but Belgrade should accept in the answers the reality that Kosovo is not under Serbian sovereignty or control."

"Some important EU countries have already signalled they will veto Serbia's candidate status if Belgrade tries to use the questionnaire to affirm sovereignty and territorial integrity in Kosovo," an EU diplomat warned. A positive opinion by the commission is usually essential for an aspiring country to become an official candidate. The only exception so far has been Greece, which became a candidate in spite of a negative assessment by the Brussels-based executive.

By a 10-4 majority, the judges of the International Court of Justice on Thursday ruled that the unilateral declaration of independence by the then-Serbian province of Kosovo did not violate international law. In something of a fudge that will leave no one happy, the non-binding ruling found that as there are no provisions in international law restricting independence declarations, such as that pronounced by Kosovo on 17 February, 2008, the new state is neither abiding by international law nor in violation.

Serbian President Boris Tadic reacted to the ruling by saying: "Serbia of course will never recognise the unilaterally proclaimed independence of Kosovo because it believes that unilateral, ethnically motivated secession is not in accordance with the principles of the United Nations." However, Mr Tadic went on to say that Belgrade would now seek another UN resolution in order relaunch talks over Kosovo, and Serbian foreign minister Vuk Jeremic urged Serbs in northern Kosovo to not be provoked into violence.

Serbia President Boris Tadic agreed yesterday with British Foreign Minister William Hague that ‘Brussels is the address at which a compromise over resolution that Serbia has filed to the UN General Assembly should be looked for’, ‘Blic’ learns from High Serbian source. The same source also says that Hague has not requested from Tadic directly that Serbia withdraws its resolution, but expressed doubt that a resolution can be amended.

After Bulgarian Prime Minister Boiko Borissov took his turn among a succession of heads of state and government to have talks with United Nations Secretary-General Ban Ki-moon at the start of the General Assembly’s new season, the UN’s news service said that Kosovo had topped the agenda, specifically the prospects for talks between Belgrade and Priština.Given hopes in diplomatic circles that on the sidelines of the General Assembly talkfest, an arrangement could be brokered to open negotiations between Serbia and Kosovo, the topic of the Borissov-Ban discussions was hardly a surprise – especially given Bulgaria’s desire to take the lead in helping to get the Western Balkans on an even keel.

These developments all preceded what many hoped would be a turning point in New York – a scheduled September 23 meeting between EU foreign policy chief Catherine Ashton and  Tadić, at which – or so it was hoped – there would be some agreement on starting an EU-brokered set of talks between Belgrade and Priština, including a starting date for the dialogue.On September 20, Ashton met Kosovo prime minister Hashim Thaçi. Media in Priština said that Thaçi had told Ashton that Kosovo was prepared to talk to Serbia about matters of mutual interest, but with the issues of Kosovo’s status decidedly off the agenda.