Recent election of Hashim Tachi – a former military leader of the Kosovo Liberation Army (1998−1999), as a President of the Republic of Kosovo by Kosovo’s Parliament opened again a question of the NATO’s military intervention against the Federal Republic of Yugoslavia (the FRY) in March−June 1999 as a foundation for Kosovo’s secession from Serbia and its unilateral proclamation of a quasi-independence in February 2008.
Kosovo became the first and only European state up today that is ruled by the terroristic warlords as a party’s possession – the (Albanian) Kosovo Liberation Army (the KLA). The aim of this article is to investigate the nature of the NATO’s war on Yugoslavia in 1999 which has as a final outcome the creation of the first terroristic state in Europe – Republic of Kosovo.
Terrorism and Kosovo independence
The KLA terrorists with a support by the US’ and the EU’s administrations launched a full scale of violence in December 1998 for the only purpose to provoke the NATO’s military intervention against the FRY as a precondition for Kosovo secession from Serbia hopefully followed by internationally recognized independence. In order to finally resolve the “Kosovo Question” in the favor of the Albanians, the US’ Clinton administration brought two confronting sides to formally negotiate in the French castle of Rambouillet in France in February 1999 but in fact to impose an ultimatum to Serbia to accept de facto secession of Kosovo. Regardless to the fact that the Rambouillet ultimatum de iure recognized Serbia’s territorial integrity, the disarmament of terroristic KLA and did not mention Kosovo independence from Serbia, as the conditions of the final agreement were in essence highly favorable to the KLA and its secessionist project towards the independent Kosovo, Serbia simply rejected them. The US’s answer was a military action led by the NATO as a “humanitarian intervention” in order to directly support the Kosovo Albanian separatism. Therefore, on March 24th, 1999 the NATO started its military operation against the FRY which lasted till June 10th 1999. Why the UN’s Security Council was not asked for the approval of the operation is clear from the following explanation:
“Knowing that Russia would veto any effort to get UN backing for military action, NATO launched air strikes against Serbian forces in 1999, effectually supporting the Kosovar Albanian rebels”.
The crucial feature of this operation was a barbarian, coercive, inhuman, illegal, and above all merciless bombing of Serbia for almost three months. Nevertheless, that the NATO’s military intervention against the FRY – Operation Allied Force, was propagated by its proponents as a pure humanitarian operation, it is recognized by many Western and other scholars that the US and its client states of the NATO had mainly political and geostrategic aims that led them to this military action.
The legitimacy of the intervention of the brutal coercive bombing of both military and civilian targets in Kosovo province and the rest of Serbia became immediately controversial as the UN’s Security Council did not authorize the action. Surely, the action was illegal according to the international law but it was formally justified by the US’ administration and the NATO’s spokesman as a legitimate for the reason that it was unavoidable as all diplomatic options were exhausted to stop the war. However, a continuation of the military conflict in Kosovo between the KLA and Serbia’s state security forces would threaten to produce a humanitarian catastrophe and generate political instability of the region of the Balkans. Therefore, “in the context of fears about the ‘ethnic cleansing’ of the Albanian population, a campaign of air strikes, conducted by US-led NATO forces” was executed with a final result of withdrawal of Serbia’s forces and administration from the province: that was exactly the main requirement of the Rambouillet ultimatum.
It is of the crucial importance to stress at least five facts in order to properly understand the nature and aims of the NATO’s military intervention against Serbia and Montenegro in 1999:
- It was bombed only the Serbian side involved in the conflict in Kosovo while the KLA was allowed and even fully sponsored to continue its terroristic activities either against Serbia’s security forces or the Serbian civilians.
- The ethnic cleansing of the Albanians by the Serbian security forces was only a potential action (in fact, only in the case of direct NATO’s military action against the FRY) but not a real fact as a reason for the NATO to start coercive bombing of the FRY.
- The NATO’s claim that the Serbian security forces killed up to 100.000 Albanian civilians during the Kosovo War of 1998−1999 was a pure propaganda lie as after the war it was found only 3.000 bodies of all nationalities in Kosovo.
- The bombing of the FRY was promoted as the “humanitarian intervention”, what means as legitimate and defensible action, that scholarly should mean “…military intervention that is carried out in pursuit of humanitarian rather than strategic objectives”. However, today it is quite clear that the intervention had political and geostrategic ultimate objectives but not the humanitarian one.
- The NATO’s military intervention in 1999 was a direct violation of the UN principles of international conduct as it is said in the UN Charter that: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations”.
What happened in Kosovo when the NATO started its military campaign was quite expectable and above all wishful by the US’ administration and the KLA’s leaders: Serbia made much stronger military assault on the KLA and the ethnic Albanians who supported it. As a consequence, there was significantly increased number of the refugees – up to 800.000 according to the CIA’s and the UN’s sources. However, the US’s administration presented all of these refugees as the victims of the Serb-led policy of systematic and well-organized ethnic cleansing (alleged “Horse Shoe” operation) regardless on the facts that:
- Overwhelming majority of them were not the real refugees but rather “TV refugees” for the Western mass media.
- Minority of them were simply escaping from the consequences of the NATO’s merciless bombing.
- Just part of the refugees has been the real victims of the Serbian “bloody revenge” policy for the NATO’s destruction of Serbia.
Nevertheless, the final result of the NATO’s sortie campaign against the FRY was that the UN’s Security Council formally authorized the NATO’s (under the official name of KFOR) ground troops to occupy Kosovo and give to the KLA free hands to continue and finish with the ethnic cleansing of the province from all non-Albanians. That was the beginning of the making of the Kosovo independence which was finally proclaimed by the Kosovo Parliament (without national referenda) in February 2008 and immediately recognized by the main Western countries. At such a way, Kosovo became the first legalized European mafia state. Nevertheless, in addition, the EU’s and the US’s policies to rebuild peace on the territory of ex-Yugoslavia did not manage to deal successfully with probably the main and most serious challenge to their proclaimed task to re-establish the regional stability and security: al-Qaeda linked terrorism, especially in Bosnia-Herzegovina but also in Kosovo-Metochia.
Members of the U.S.’s sponsored Kosovo Liberation Army in 1999 during the NATO’s aggression on the Federal Republic of Yugoslavia
According to the NATO’s sources, there were two objectives of the alliance’s military intervention against the FRY in March−June 1999:
- To force Slobodan Miloshevic, a President of Serbia, to accept a political plan for the autonomy status of Kosovo (designed by the US administration).
- To prevent (alleged) ethnic cleansing of the Albanians by Serbia’s authorities and their armed forces.
However, while the political objective was in principle achieved, the humanitarian one was with quite opposite results. By bombing the FRY in the three air strikes phases the NATO succeeded to force Miloshevic to sign political-military capitulation in Kumanovo on June 9th, 1999, to handle Kosovo to the NATO’s administration and practically to authorize the KLA’s-led Islamic terror against the Christian Serbs. A direct outcome of the operation was surely negative as the NATO’s sorties caused approximately 3000 killed Serbian military and civilians in addition to unknown number of killed ethnic Albanians. An indirect impact of the operation cost a number of the ethnic Albanian killed civilians followed by massive refugee flows of Kosovo Albanians as it provoked the Serbian police and the Yugoslav army to attack. We can not forget that a greatest scale of war crimes against the Albanian civilians in Kosovo during the NATO’s bombing of the FRY was most probably, according to some research investigations, committed by the Krayina refugee Serbs from Croatia who were after August 1995 in the uniforms of the regular police forces of Serbia as a matter of revenge for the terrible Albanian atrocities committed in the Krayina region in Croatia only several years ago against the Serb civilians when many of Kosovo Albanians fought the Serbs in the Croatian uniforms.
The fundamental dilemma is why the NATO directly supported the KLA – an organization that was previously clearly called as a “terrorist” by many Western Governments including and the US’s one? It was known that a KLA’s warfare of partisan strategy was based only on direct provoking of the Serbia’s security forces to respond by attacking the KLA’s posts with unavoidable number of civilian casualties. However, these Albanian civilian victims were not understood by the NATO’s authorities as a “collateral damage” but rather as the victims of deliberate ethnic cleansing. Nevertheless, all civilian victims of the NATO’s bombing in 1999 were presented by the NATO’s authorities exactly as a “collateral damage” of the NATO’s “just war” against the oppressive regime in Belgrade.
Here we will present the basic (academic) principles of a “just war”:
- Last resort – All diplomatic options are exhausted before the force is used.
- Just cause – The ultimate purpose of use of force is to self-defend its own territory or people from military attack by the others.
- Legitimate authority – To imply the legitimate constituted Government of a sovereign state, but not by some private (individual) or group (organization).
- Right intention – The use of force, or war, had to be prosecuted on the morally acceptable reasons, but not based on revenge or the intention to inflict the damage.
- Reasonable prospect of success – The use of force should not be activated in some hopeless cause, in which the human lives are exposed for no real benefits.
- Proportionality – The military intervention has to have more benefits than loses.
- Discrimination – The use of force must be directed only at the purely military targets as the civilians are considered to be innocent.
- Proportionality – The used force has to be no greater than it is needed to achieve morally acceptable aims and must not be greater than the provoking cause.
- Humanity – The use of force cannot be directed ever against the enemy personnel if they are captured (the prisoners of war) or wounded.
If we analyze the NATO’s military campaign in regard to just above presented basic (academic) principles of the “just war”, the fundamental conclusions will be as following:
- The US’s administration in 1999 did not use any real diplomatic effort to settle the Kosovo crisis as Washington simply gave the political-military ultimatum in Rambouillet only to one side (Serbia) to either accept or not in full required blackmails: 1) To withdraw all Serbian military and police forces from Kosovo; 2) To give Kosovo administration to the NATO’s troops; and 3) To allow the NATO’s troops to use a whole territory of Serbia for the transit purpose. In the other words, the basic point of the US’s ultimatum to Belgrade was that Serbia will voluntarily become a US’s colony but without Kosovo province. Even the US’s President at that time – Bill Clinton, confirmed that Miloshevic’s rejection of the Rambouillet ultimatum was understandable and logical. It can be said that Serbia in 1999 did the same as the Kingdom of Serbia did in July 1914 by rejecting the Austro-Hungarian ultimatum which was also absurd and abusive.
- This principle was absolutely misused by the NATO’s administration as no one NATO’s country was attacked or occupied by the FRY. In Kosovo at that time it was a classic anti-terroristic war launched by the state authorities against the illegal separatist movement but fully sponsored in this case by the neighboring Albania and the NATO. In the other words, this second principle of the “just war” can be only applied to the anti-terroristic operations by the state authorities of Serbia in Kosovo province against the KLA rather than to the NATO’s military intervention against the FRY.
- The Legitimate authority principle in the Kosovo conflict case of 1998−1999 can be applied only to Serbia and her legitimate state institutions and authority which were recognized as legitimate by the international community and above all by the UN.
- The morally acceptable reasons officially used by the NATO’s authorities to justify its own military action against the FRY in 1999 were quite unclear and above all unproved and misused for the very political and geostrategic purposes in the coming future. Today we know that the NATO’s military campaign was not based on the morally proved claims to stop a mass expulsion of the ethnic Albanians from their homes in Kosovo as a mass number of displaced persons appeared during the NATO’s military intervention but not before.
- The consequences of the fifth principle were selectively applied as only Kosovo Albanians benefited from both short and long term perspectives by the NATO’s military engagement in the Balkans in 1999.
- The sixth principle also became practically applied only to Kosovo Albanians what was in fact and the ultimate task of the US’ and the NATO’s administrations. In the other words, the benefits of the action were overwhelmingly single-sided. However, from the long-term geostrategic and political aspects the action was very profitable with a minimum loses for the Western military alliance during the campaign.
- The practical consequences of the seventh principle became mostly criticized as the NATO obviously did not make any difference between the military and civilian targets. Moreover, the NATO’s alliance deliberately bombed much more civilian objects and non-combat citizens than the military objects and personnel. However, all civilian victims of the bombing of all nationalities became simply presented by the NATO’s authority as an unavoidable “collateral damage”, but it fact it was a clear violation of the international law and one of the basic principles of the concept of a “just war”.
- The eighth principle of a “just was” surely was not respected by the NATO as the used force was much higher as needed to achieve proclaimed tasks and above all was much stronger that the opposite side had. However, the morally acceptable aims of the western policymakers were based on the wrong and deliberately misused “facts” in regard to the ethnic Albanian victims of the Kosovo War in 1998−1999 as it was primarily with the “brutal massacre of forty-five civilians in the Kosovo village of Račak in January 1999” which became a formal pretext for the NATO’s intervention. Nevertheless, it is known today that those Albanian “brutally massacred civilians” were in fact the members of the KLA killed during the regular fight but not executed by the Serbian security forces.
- Only the last principle of a “just war” was respected by the NATO for the very reason that there were no captured soldiers from the opponent side. The Serbian authorities also respected this principle as all two NATO’s captured pilots were treated as the prisoners of war according to the international standards and even were free very soon after the imprisonment.
Crucified Christian (Serb Orthodox) Kosovo after the war by the KLA’s members in power
The crucial conclusions of the article after the investigation of the nature of NATO’s “humanitarian” military intervention in Kosovo in 1999 are:
- The NATO’s military intervention against the FRY during the Kosovo War in 1998−1999 was done primarily for the political and geostrategic purposes.
- A declarative “humanitarian” nature of the operation just served as a formal moral framework of the realization of the genuine goals of the post-Cold War US’s policy at the Balkans which foundations were laid down by the Dayton Accords in November 1995.
- The US’s administration of Bill Clinton used the terrorist KLA for pressing and blackmailing the Serbian Government to accept the ultimatum by Washington to transform Serbia into the US’s military, political and economic colony with a NATO’s membership in the future for the exchange of formal preservation of Serbia’s territorial integrity.
- The Western Governments originally labeled the KLA as a “terrorist organization” – that is combat strategy of direct provoking Serbia’s security forces was morally unacceptable and would not result in either diplomatic or military support.
- During the Kosovo War in 1998−1999 the KLA basically served as the NATO’s ground forces in Kosovo for direct destabilization of Serbia’s state security which were militarily defeated at the very beginning of 1999 by Serbia’s regular police forces.
- The NATO’s sorties in 1999 have as the main goal to force Belgrade to give Kosovo province to the US’s and EU’s administration in order to transform it into the biggest US’s and NATO’s military base in Europe.
- The NATO’s “humanitarian” intervention in 1999 against the FRY violated almost all principles of the “just war” and the international law – an intervention which became one of the best examples in the post-Cold War history of unjust use of coercive power for the political and geostrategic purposes and at the same time a classic case of coercive diplomacy that fully engaged the Western Governments.
- Some 50.000 NATO’s troops displaced in Kosovo after June 10th, 1999 did not fulfilled the basic tasks of their mission: 1) Demilitarization of the KLA as this paramilitary formation was never properly disarmed; 2) Protection of all Kosovo inhabitants as only up to January 2001 there were at least 700 Kosovo citizens murdered on the ethnic basis (mostly of them were the Serbs); 3) Stability and security of the province as most of the Serbs and other non-Albanians fled the province as a consequence of systematic ethnic cleansing policy committed by the KLA in power after June 1999.
- The US’s reward for the KLA’s loyalty was to install the army’s members to the key governmental posts of today “independent” Republic of Kosovo which became the first European state administered by the leaders of ex-terrorist organization who started immediately after the war to execute a policy of ethnic cleansing of all non-Albanian population and to Islamize the province.
- The ultimate national-political goal of the KLA in power in Kosovo is to include this province into the Greater Albania projected by the First Albanian Prizren League in 1878−1881 and for the first time realized during the WWII.
- Probably, the main consequence of the NATO’s occupation of Kosovo after June 1999 up today is a systematic destruction of the Christian (Serb) cultural inheritance and feature of the province followed by its obvious and comprehensive Islamization and therefore transformation of Kosovo into a new Islamic State.
- What concerns the case of the Kosovo crisis in 1998−1999, the first and authentic “humanitarian” intervention was that of Serbia’s security forces against the terroristic KLA in order to preserve the human lives of the ethnic Serbs and anti-KLA Albanians in the province.
- The Balkan Stability Pact for both Bosnia-Herzegovina and Kosovo-Metochia attempted to under-emphasize traditional concept of sovereignty giving a full practical possibility to the UN’s (in fact the West’s) administrative control over these two ex-Yugoslav territories.
- The NATO’s “humanitarian” intervention in 1999 against the FRY clearly violated the recognized international standards of non-intervention, based on the principle of the “inviolability of borders” going beyond the idea of “just war” according to which the self-defense is the crucial reason, or at least formal justification, for the use of force.
- While the NATO declaratively fulfilled “the international responsibility to protect” (the ethnic Albanians) by heavily bombing Serbia and too much little extent Montenegro, bypassing the UN’s Security Council it is clear that this 78-days terror effort was counterproductive as “creating as much human suffer-refugees as it relieved”.
- The fundamental question in regard to the Kosovo “humanitarian” interventions today is why the Western Governments are not taking another “humanitarian” coercive military intervention after June 1999 in order to prevent further ethnic cleansing and brutal violation of human rights against all non-Albanian population in Kosovo but above all against the Serbs?
- Finally, the NATO’s military intervention was seen by many social constructivists as a phenomenon of “warlike democracies” as a demonstration how the ideas of liberal democracy “undermine the logic of democratic peace theory”.
S. L. Spiegel, J. M. Taw, F. L. Wehling, K. P. Williams, World Politics in a New Era, Thomson Wadsworth, 2004, 319.
A. Heywood, Global Politics, New York: Palgrave Macmillan, 2011, 320.
 Ibid., 319.
J. Haynes, P. Hough, Sh. Malik, L. Pettiford, World Politics, Harlow: Pearson Education Limited, 2011, 639.
The 1244 UN Security Council Resolution on June 10th, 1999. The KFOR’s basic responsibilities were:
1) To protect aid operations.
2) To protect all Kosovo population.
3) To create a stable security in the province in order that the international administration can function normally.
This recognition of the self-proclaimed Kosovo independence from a democratic country of Serbia with a pro-Western regime, basically gave victory to the Albanian Kosovo radicals of the ethnic cleansing after June 1999. The Albanians from Kosovo started their atrocities against the Serbs immediately after the Kumanovo Agreement in June 1999 when the KLA returned back to Kosovo together with the NATO’s occupation ground troops. Up to February 2008 there were around 200.000 expelled Serbs from Kosovo and 1.248 non-Albanians who have been killed in some cases even very brutally. The number of kidnapped non-Albanians is still not known but presumably majority of them were killed. There were 151 Serb Orthodox spiritual and cultural monuments in Kosovo destroyed by the Albanians in addition to 213 mosques built with financial support from Saudi Arabia. Before Kosovo independence was proclaimed, there were 80 percent of graveyards which were either completely destroyed or partially desecrated by the Albanians. On Kosovo right to independence, see [M. Sterio, The Right to Self-Determination under International Law: “Selfistans”, Secession, and the Rule of the Great Powers, New York−London: Routledge, Taylor & Francis Group, 2013, 116−129]. On secession from the point of the international law, see [M. G. Kohen, Secession: International Law Perspectives, New York: Cambridge University Press, 2006].
T. Burghardt, “Kosovo: Europe’s Mafia State. Hub of the EU-NATO Drug Trail”, 22-12-2010, http://www.globalresearch.ca/kosovo-europe-s-mafia-state-hub-of-the-eu-nato-drug-trail/22486.
 J. Haynes, P. Hough, Sh. Malik, L. Pettiford, World Politics, Harlow: Pearson Education Limited, 2011, 588.
On the “just peace”, see [P. Allan, A. Keller (eds.), What is a Just Peace?, Oxford−New York: Oxford University Press, 2006].
According to the official Western sources, even up to 90 percent of the Kosovo Albanian population became refugees during the NATO’s military intervention. Therefore, it should be the largest displacement of the civilians in Europe after the WWII. Nevertheless, all of these Albanian refugees are unquestionably considered to be “expelled” from their homes by Serbia’s security forces and the Yugoslav army.
For example, in the “Medak Pocket” operation on September 9th, 1993 there were killed around 80 Serbian civilians by the Croatian forces [В. Ђ. Мишина (уредник), Република Српска Крајина: Десет година послије, Београд: Добра воља Београд, 2005, 35] in which Kosovo Albanians served too.
The “partisan” or “guerrilla” war is fought by irregular troops using mainly tactics that are fitting to the geographical features of the terrain. The crucial characteristic of the tactics of the partisan war is that it uses mobility and surprise but not direct frontal battles with the enemy. Usually, the civilians are paying the highest price in the course of the partisan war. In the other words, it is “war conducted by irregulars or guerrillas, usually against regular, uniformed forces, employing hit-and-run, ambush, and other tactics that allow smaller numbers of guerrillas to win battles against numerically superior, often heavily-armed regular forces” [P. R. Viotti, M. V. Kauppi, International Relations and World Politics: Secularity, Economy, Identity, Harlow: Pearson Education Limited, 2009, 544]. With regard to the Kosovo War in 1998−1999 the reconstruction of the Albanian guerrilla strategy is as following:
“…a police patrol is passing a village, when a sudden fire is open and some policemen killed and wounded. The police return the fire and the further development depends on the strength of the rebellious unit engaged. If the village appears well protected and risky to attack by the ordinary units, the latter stops fighting and calls for additional support. It arrives usually as a paramilitary unit, which launches a fierce onslaught” [P. V. Grujić, Kosovo Knot, Pittsburgh, Pennsylvania: RoseDog Books, 2014, 193].
The “just war” is considered to be a war that has a purpose to satisfy certain ethical standards, and therefore is (allegedly) morally justified.
A. Heywood, Global Politics, New York: Palgrave Macmillan, 2011, 257.
М. Радојевић, Љ. Димић, Србија у Великом рату 1914−1915, Београд: Српска књижевна задруга−Београдски форум за свет равноправних, 2014, 94−95.
For instance, Albania supplied the Albanian Kosovo separatists by weapons in 1997 when around 700.000 guns were “stolen” by the Albanian mob from Albania’s army’s magazines but majority of these weapons found their way exactly to the neighboring Kosovo. The members of the KLA were trained in Albania with the help of the NATO’s military instructors and then sent to Kosovo.
R. J. Art, K. N. Waltz (eds.), The Use of Force: Military Power and International Politics, Lanham−Boulder−New York−Toronto−Oxford: Rowman & Littlefield Publishers, Inc., 2004, 257.
В. Б. Сотировић, Огледи из југославологије, Виљнус: приватно издање, 2013, 19−29.
On the NATO’s “humanitarian” intervention in the FRY in 1999, see more in [G. Szamuely, Bombs for Peace: NATO’s Humanitarian War on Yugoslavia, Amsterdam: Amsterdam University Press, 2013].
A Greater Albania as a project is “envisaged to be an area of some 90.000 square kilometres (36.000 square miles), including Kosovo, Greece, Macedonia, Serbia and Montenegro” [J. Haynes, P. Hough, Sh. Malik, L. Pettiford, World Politics, Harlow: Pearson Education Limited, 2011, 588].
 R. Johnson, “Reconstructing the Balkans: The effects of a global governance approach”, M. Lederer, P. Müller (eds.), Criticizing Global Governance, New York: Palgrave Macmillan, 2005, 177.
A. F. Cooper, J. Heine, R. Thakur (eds.), The Oxford Handbook of Modern Diplomacy, Oxford−New York: Oxford University Press, 2015, 766.
J. Haynes, P. Hough, Sh. Malik, L. Pettiford, World Politics, Harlow: Pearson Education Limited, 2011, 225.
EU-Japan Summit: A landmark moment for trade and cooperation
The 25th EU-Japan Summit took place on 17 July in Tokyo. At the summit, leaders signed two landmark agreements, the Strategic Partnership Agreement and the Economic Partnership Agreement, which will significantly boost bilateral relations.
Jean-Claude Juncker, President of the European Commission and Donald Tusk, President of the European Council, represented the European Union at the Summit. Japan was represented by its Prime Minister, Shinzo Abe. The European Commission Vice-President for Jobs, Growth, Investment and Competitiveness, Jyrki Katainen also participated. EU Leaders offered their condolences to the people of Japan following the floods and landslides in Western Japan, and offered their support to Prime Minister to help in any way.
“Today is a historic moment in our enduring partnership”, said President Jean-Claude Juncker. “Today’s signature of the EU-Japan Economic Partnership Agreement is a landmark moment for global trade, and I am also delighted that we have signed the first ever Strategic Partnership Agreement, which takes our cooperation to the next level. The impact of the Economic Partnership Agreement goes far beyond our shores. Together, we are making a statement about the future of free and fair trade. We are showing that we are stronger and better off when we work together and we are leading by example, showing that trade is about more than tariffs and barriers. It is about values, principles and finding win-win solutions for all. As far as we are concerned, there is no protection in protectionism – and there cannot be unity where there is unilateralism.”
For open, fair and win-win trade
The Economic Partnership Agreement between the EU and Japan is the biggest ever negotiated by the European Union. It creates an open trade zone covering over 600 million people and nearly a third of global GDP. It will remove the vast majority of the €1 billion of duties paid annually by EU companies exporting to Japan, and has led to the removal of a number of long-standing regulatory barriers, for example on cars. It will also open up the Japanese market of 127 million consumers to key EU agricultural exports and will increase EU export opportunities in a range of other sectors. The Agreement follows the highest standards of labour, environmental and consumer protection and has a dedicated chapter on sustainable development. It is the first trade agreement negotiated by the European Union to include a specific commitment to the Paris climate agreement.
Commissioner for Trade Cecilia Malmström said: “We are sending a strong signal to the world that two of its biggest economies still believe in open trade, opposing both unilateralism and protectionism. The economic benefits of this agreement are clear. By removing billions of euros of duties, simplifying customs procedures and tackling behind-the-border barriers to trade, it will offer opportunities for companies on both sides to boost their exports and expand their business.”
Concerning data protection, the EU and Japan concluded the negotiations on reciprocal adequacy on 17 July, which will complement the Economic Partnership Agreement. They agreed to recognise each other’s data protection systems as ‘equivalent’, which will allow data to flow safely between the EU and Japan, creating the world’s largest area of safe data flows.
Věra Jourová, Commissioner for Justice, Consumers and Gender Equality said: “Japan and EU are already strategic partners. Data is the fuel of global economy and this agreement will allow for data to travel safely between us to the benefit of both our citizens and our economies. At the same time we reaffirm our commitment to shared values concerning the protection of personal data. This is why I am fully confident that by working together, we can shape the global standards for data protection and show common leadership in this important area.”
A Strategic Partnership Agreement fit for truly Strategic Partners
The European Union and Japan are like-minded partners, working together both bilaterally as well as in multilateral fora, such as the United Nations and the G7. The Strategic Partnership Agreement, signed today by President Juncker, President Tusk and Prime Minister Abe, will deepen and strengthen EU-Japan relations by providing an overarching and binding framework for enhanced cooperation.
“In today’s world, no country can think of tackling the global challenges that we are faced with on its own”, said the High Representative/Vice-President Federica Mogherini ahead of the Summit. “Japan is a country that we already work so closely with, on many files, from peace-building to denuclearisation, from counter-terrorism to effective multilateralism. The Strategic Partnership Agreement will allow us to strengthen this cooperation across a wide range of sectors, but also open up the possibility for cooperation in new areas, from science, technology and innovation, environment and energy, to climate change and security.”
At the Summit, the Leaders addressed regional and foreign policy issues including the situation on the Korean Peninsula, the conflict in eastern Ukraine and the illegal annexation of Crimea and Sevastopol, the commitment to preserving the Joint Comprehensive Plan of Action – the Iran nuclear deal, among others. As the Strategic Partnership Agreement foresees, Leaders also discussed the shared commitment to strengthen cooperation on global issues and confirmed the EU and Japan’s joint vision and support to the rules-based international order with multilateralism, democracy, non-proliferation of weapons of mass destruction, open markets and a global trading system with the World Trade Organisation at its core.
The Leaders also discussed other bilateral issues, including possibilities to strengthen the EU-Japan security partnership, strengthened cooperation in the fields of development policy and education, culture and sports.
EU-China Summit: Deepening the strategic global partnership
The 20th Summit between the European Union and the People’s Republic of China held today in Beijing has underlined that this partnership has reached a new level of importance for our own citizens, for our respective neighbouring regions and for the international community more broadly.
President of the European Commission Jean-Claude Juncker and President of the European Council Donald Tusk represented the European Union at the Summit. The People’s Republic of China was represented by Premier Li Keqiang. European Commission Vice-President for Jobs, Growth, Investment and Competitiveness, Jyrki Katainen, Trade Commissioner Cecilia Malmström, and Transport Commissioner Violeta Bulc also attended the Summit. President Tusk and President Juncker also met with the President of the People’s Republic of China, Xi Jinping.
“I have always been a strong believer in the potential of the EU-China partnership. And in today’s world that partnership is more important than ever before. Our cooperation simply makes sense”, said the President of the European Commission, Jean-Claude Juncker. “Europe is China’s largest trading partner and China is our second largest. The trade in goods between us is worth over €1.5 billion every single day. But we also know that we can do so much more. This is why it is so important that today we have made progress on the Comprehensive Agreement on Investment through a first exchange of offers on market access, and towards an agreement on Geographical Indications. That shows that we want to create more opportunities for people in China and in Europe.”
The Joint Summit Statement agreed by the European Union and China illustrates the breadth and depth of the EU-China relationship and the positive impact that such a partnership can have, in particular when it comes to addressing global and regional challenges such as climate change, common security threats, the promotion of multilateralism, and the promotion of open and fair trade. The Summit follows the High-level Strategic Dialogue, co-chaired by the EU High Representative for Foreign Affairs and Security Policy/Vice-President of the European Commission, Federica Mogherini and Chinese State Counsellor, Wang Yi, in Brussels on 1 June, and the High-level Economic and Trade Dialogue, co-chaired by Vice-President Katainen and Chinese Vice-Premier, Liu He, in Beijing on 25 June.
This 20th Summit demonstrates the many ways in which the European Union and China are concretely strengthening what is already a comprehensive relationship. In addition to the Joint Statement, a number of other concrete deliverables were agreed, including:
- a Leaders’ Statement on Climate Change and Clean Energy;
- an exchange of offers on the Comprehensive Agreement on Investment;
- a Partnership Agreement on Oceans;
- a Memorandum of Understanding on Circular Economy Cooperation;
- a Memorandum of Understanding to Enhance Cooperation on Emissions Trading;
- agreement to conclude before the end of October, if possible, the negotiations on an Agreement on Geographical Indications;
- an Action Plan concerning China-EU Customs Cooperation on Intellectual Property Rights (2018-2020);
- a Memorandum of Understanding between the European Investment Fund and the Silk Road Forumconfirming the first co-investment carried out under the recently established China-EU Co-Investment Fund;
- a Strategic Administrative Cooperation Arrangement and an Action Plan (2018-2020) between the European Anti-Fraud Office (OLAF) and the General Administration of China Customs
Working together for a more sustainable planet
In the Leaders’ statement on climate change and clean energy, the European Union and China have committed to step up their cooperation towards low greenhouse gas emission economies and the implementation of the 2015 Paris Agreement on climate change. In doing so, the EU and China will intensify their political, technical, economic and scientific cooperation on climate change and clean energy.
Welcoming this commitment, President Juncker said: “We have underlined our joint, strong determination to fight climate change and demonstrate global leadership. It shows our commitment to multilateralism and recognises that climate change is a global challenge affecting all countries on earth. There is no time for us to sit back and watch passively. Now is the time for decisive action.”
Vice-President Katainen and the Chairman of the National Development and Reform Commission, He Lifeng,also signed the Memorandum of Understanding to Enhance Cooperation on Emissions Trading, which acknowledges the significant potential of emissions trading to contribute to a low carbon economy and further enhances the cooperation of the two largest emission trading systems of the world.
Building on the success of the 2017 EU-China Blue Year, the EU and China have also signed a Partnership Agreement on Oceans. Two of the world’s largest ocean economies will work together to improve the international governance of the oceans, including by combating illegal fishing and exploring potential business and research opportunities, based on clean technologies, in the maritime economy. The partnership contains clear commitments to protect the marine environment against pollution, including plastic litter; tackle climate change in accordance with the Paris Agreement and implement the 2030 Agenda for Sustainable Development, in particular Goal 14. The signature of this ocean partnership is the first of its kind and opens the door for future partnerships between the EU and other key ocean players.
Vice-President Katainen and Minister of Ecology and Environment, Li Ganjie, also signed the Memorandum of Understanding on Circular Economy Cooperation that will provide a framework for cooperation, including a high-level policy dialogue, to support the transition to a circular economy. Cooperation will cover strategies, legislation, policies and research in areas of mutual interest. It will address management systems and policy tools such as eco-design, eco-labelling, extended producer responsibility and green supply chains as well as financing of the circular economy. Both sides will exchange best practice in key fields such as industrial parks, chemicals, plastics and waste.
In the context of the EU’s International Urban Cooperation programme, in the margins of the Summit, Commissioner Creţu witnessed the signature of a joint declaration between Chinese and European cities: Kunming and Granada (ES); Haikou and Nice (FR); Yantai and Rome (IT); Liuzhou and Barnsley (UK) and Weinan and Reggio Emilia (IT). These partnerships will facilitate exchanges to examine and develop local action plans reflecting the EU’s integrated approach to sustainable urban development while addressing social, economic, demographic and environmental challenges.
Putting the international rules-based system at the centre of open and fair trade
“I am more convinced than ever that, in the era of globalisation and of interdependence, multilateralism must be at the heart of what we do. We expect all our partners to respect international rules and commitments that they have taken, notably within the framework of the World Trade Organisation”, said President Jean-Claude Juncker in his keynote speech at the EU-China Business Roundtable in Beijing, which provided an opportunity for EU and Chinese leaders to exchange views with representatives of the business community. “At the same time, it is true that the existing WTO rules do not allow unfair practices to be dealt with in the most effective way, but instead of throwing the baby out with the bathwater, we must all preserve the multilateral system and improve it from within.” President Juncker’s full speech is available online. Commissioner Malmström also intervened at the event.
At the Summit, the EU and China confirmed their firm support to the rules-based, transparent, non-discriminatory, open and inclusive multilateral trading system with the WTO as its core and committed to complying with existing WTO rules. They also committed to co-operating on the reform of the WTO to help it meet new challenges, and established a joint working group on WTO reform, chaired at Vice-Ministerial level, to this end.
Good progress was made on the ongoing Investment Agreement negotiations, which is a top priority and a key project towards establishing and maintaining an open, predictable, fair and transparent business environment for European and Chinese investors. The EU and China exchanged market access offers, moving the negotiations into a new phase, in which work can be accelerated on the offers and other key aspects of the negotiations. The European Investment Fund (EIF), part of the European Investment Bank Group, and China’s Silk Road Fund (SRF) have signed a Memorandum of Understanding with the aim of confirming the first co-investment carried out under the recently established China-EU Co-Investment Fund (“CECIF”) that promotes investment cooperation between the European Union and China and the development of synergies between China’s Belt and Road Initiative and the Investment Plan for Europe.
Regarding steel, both sides agreed to strengthen their cooperation in the Global Forum on Steel Excess Capacity and committed, in accordance with the decisions of the 2016 Hangzhou and 2017 Hamburg Summits, as well as with the 2017 Ministerial decisions, to the goal of implementing the agreed political recommendations.
The EU and China also agreed to conclude the negotiations on an Agreement on cooperation on, and protection from imitation for distinctive food and drink products, so-called Geographical Indications before the end of October – if possible. An agreement in this area would result in a high level of protection of our respective Geographical Indications, which represent important traditions and rich resources for both the EU and China.
In the area of food safety, the EU and China agreed to promote the highest food safety standards, and are ready to take the regionalisation principle into account, and committed to expanding market access for food products.
The EU and China have also signed the Action Plan Concerning China-EU Customs Cooperation on Intellectual Property Rights (2018-2020), with the aim of strengthening customs enforcement to combat counterfeiting and piracy in the trade between the two. The Action Plan will also promote cooperation between customs and other law enforcement agencies and authorities in order to stop production and wind up distribution networks.
The European Anti-Fraud Office (OLAF) and the General Administration of China Customs signed a Strategic Administrative Cooperation Arrangement and an Action Plan (2018-2020) on strengthening the cooperation in combatting customs fraud in particular in the field of transhipment fraud, illicit traffic of waste and undervaluation fraud.
At the third meeting of the EU-China Connectivity Platform, held in the margins of the Summit and chaired for the EU by Commissioner Violeta Bulc, the two parties reaffirmed their commitment to transport connectivity on the basis of respective policy priorities, sustainability, market rules and international coordination.
The exchanges focused on:
- the policy cooperation based on the Trans-European Transport Network (TEN-T) framework and the Belt and Road initiative, involving relevant third countries between EU and China;
- cooperation on Transport decarbonisation and digitalisation, including in international fora such as the International Civil Aviation Organisation (ICAO) and the International Maritime Organisation (IMO)
- cooperation on investment projects based on sustainability criteria, transparency and level-playing field to foster investment in transport between EU and China.
A people’s partnership
The European Union and China are putting their respective citizens at the heart of the strategic partnership. There were good discussions on foreign and security cooperation and the situation in their respective neighbourhoods. At the Summit, EU and Chinese Leaders discussed ways to support a peaceful solution on the Korean Peninsula; their commitment to the continued, full and effective implementation of the Joint Comprehensive Plan of Action – the Iran nuclear deal; joint, coordinated work on the peace process in Afghanistan; and the situation in eastern Ukraine and the illegal annexation of Crimea and Sevastopol. They also discussed other foreign and security challenges, such as in the Middle East, Libya, and Africa, as well as their joint commitment to multilateralism and the rules-based international order with the United Nations at its core.
Many successful activities have already been held within the framework of the 2018 China-EU Tourism Year, designed to promote lesser-known destinations, improve travel and tourism experiences, and provide opportunities to increase economic cooperation. At the Summit, Leaders committed to further advancing relevant activities, facilitating tourism cooperation and contacts between people.
With the protection and improvement of human rights at the very core of the European Union and its global partnerships, Leaders also addressed issues relating to human rights, a week after the EU and China held their latest Human Rights Dialogue.
Both parties confirmed that they will press ahead with the parallel negotiations on the second phase of the EU-China Mobility and Migration Dialogue roadmap, namely on an agreement on visa facilitation and an agreement on cooperation in addressing irregular migration.
The EU and China also agreed to launch new dialogues covering drug-related issues and on humanitarian assistance.
Libya is in no state to rescue migrants in the Mediterranean
Italy’s new government—an unholy alliance of the populist M5S and far-right League parties—careened into office on an uncompromising anti-migrant platform, soliciting the warnings of politicians and financial institutions around the world. With its recent decision to hand naval control of a large swath of the Mediterranean—extending almost to Malta and Crete— to failed-state Libya, the coalition government may yet set a new low more rapidly than expected.
Italy’s hope is that the Libyan forces it has ceded responsibility to will prevent shipwrecked migrants from reaching European shores, instead returning them to the very country they are trying to flee. While this plan might sound attractive to a government which has lamented it can’t deport its own citizens from minority backgrounds, NGOs working in the area have stressed the grave threat the new policy poses to migrants. Those rescued now face a return to prolonged detention and harsh treatment in a country which has been desperately torn apart for seven years. From the spate of warring militias which control Tripoli to General Khalifa Haftar’s lengthy campaign against Islamist forces in the country’s east, Libya is plagued with conflicts which make it no safe haven for migrants.
In this context, Italy’s decision to hand over responsibility of such a large portion of the Mediterranean to Libya is likely not only against international law, but an affront to basic human rights. The Italian government is set to donate 12 boats to enhance the capabilities of the Libyan coast guard—such as it is— given its new responsibilities. Libya will need these twelve vessels and more before they can carry out even the most basic search and rescue operations. At present, the country only has three operational patrol boats; barely seaworthy, they are often forced to stay at port due to lack of fuel. “It’s very clear that the priority is not saving lives”, one spokesman from the German charity Sea Watch remarked about the sorry state of Libya’s fleet; “I have not seen a single life jacket.”
Unsurprisingly, Libya’s track record on saving migrants at sea is hardly exceptional. More than 100 migrants, including young children, recently drowned off Libyan shores after the coast guard picked up just 16 survivors when their overloaded vessel capsized. In a separate incident, a shipwreck east of Libya’s capital Tripoli saw 63 people go missing after their inflatable boat sank. The Libyan coast guard was unable to even locate their bodies.
The number of migrants dying during the dangerous crossing has significantly increased since the European Union began to back away from rescue missions and close crucial ports. At the same time human traffickers are exploiting the desperation of those attempting to flee violence on the African continent, the European bloc seems ever more reluctant to extend a well-trained, well-resourced helping hand.
That reluctance has had deadly consequences. According to the United Nations Refugee Agency (UNHCR), one out of seven migrants attempting the journey across the Mediterranean died at sea last month, compared to last year’s average of one in 38 migrants.
Though it is becoming increasingly obvious the EU cannot accept further significant inflows of migrants without exacerbating tensions that risk breaking the bloc apart, plans to send migrants back to be detained in war-torn Libya under horrific conditions are simply inhumane.
If Italy is determined to turn over control of migrant rescue operations to the Libyan government, it first needs to make sure that that government is stable and just. So far, the West has done little to support Libya, privileging short-term solutions to the country’s deeply-rooted problems. Many Western countries have also stubbornly continued to push for the unelected, UN-backed-government in Tripoli, long after it has proven to be weak and ineffective. Upon the violent end of Muammar Gaddafi’s four decades of dictatorial rule, the US abdicated responsibility for “picking up the pieces” of Libya. At the same time, the UN worked to reconcile adversarial political blocs under the Libyan Political Agreement (LPA). This top-down approach has proven profoundly flawed, not least because it has sidelined actors outside the UN government, such as General Haftar, who already commands significant respect and power in the country.
Thankfully, Western attempts to stabilize Libya are slowly becoming more effective. Major international powers now finally recognize that all principal Libyan stakeholders must necessarily be involved in crafting a sustainable solution. France in particular is taking the lead on pushing for a workable way out of the crisis. Paris believes Haftar, whose four-year-long military campaign has been successful at rooting out the Islamic State and its affiliates from Derna and other fundamentalist strongholds, must inherently be a part of that process. In an encouraging breakthrough, Haftar and the three other key Libyan leaders have met and even tentatively agreed to hold elections in December.
This new approach to diplomacy within Libya’s chaotic borders is promising, and may point to a more stable future in years to come. In the meantime, Libya cannot be trusted with patrolling a huge section of the Mediterranean until a steadfast Libyan government can prove its mettle in ensuring the rule of law domestically.
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