Badinter Commission 1991–1993 and the Fate of Yugoslavia
DOI:
https://doi.org/10.31168/2073-5731.2024.3-4.04Keywords:
Arbitration Commission, Yugoslavia, European Economic Community, European Union, borders, international law, sovereignty, international recognition, national self-determination, constitution, conflictAbstract
The author provides an analysis of the European Union’s position on key issues of settlement of the Yugoslav crisis (state sovereignty, the right to self-determination and borders of the Yugoslav republics) through examination of the documents of the International Criminal Tribunal for former Yugoslavia, as well as the documents of the Yugoslav government and the European Union Arbitration Commission. The analysis takes into account the historical context of the Yugoslav crisis on the basis of Opinions of the Arbitration Commission of the European Union (Badinter’s Commission). The Commission attempted to elaborate legal basis of the process of disintegration of Yugoslavia. The EU Opinions contributed to premature international recognition of Croatia and Bosnia and Herzegovina which plunged these republics into civil war. The stated goal of the Conference of European Union for former Yugoslavia and the Arbitration Commission was the settlement of the political crisis in Yugoslavia through changes of its constitutional framework. The Commission examined a broad range of issues concerning the process of disintegration of Yugoslavia and elaborated relevant recommendations (Opinions) for the EU Conference for former Yugoslavia. The Opinions of Badinter’s Arbitration Commission played an important role in interpretation of conflicts in Croatia and Bosnia and Herzegovina and their eventual settlement. The article reveals the political context of the Commission’s activities and provides a critical assessment of its activities with emphasis on incompatibility of the Commission’s recommendations with the Constitution of Yugoslavia. The Commission’s recommendations were in fact reduced to unconstitutional changes of the borders and elimination of Yugoslavia as a state. Recommendations of Badinter’s Commission resulted in a hasty international recognition of Croatia and Bosnia and Herzegovina, which became the main reason for civil wars in these two republics.
Received: 05.07.2024.
Revised: 05.08.2024.
Accepted: 24.09.2024.
Citation
Bezruchenko V. I. Badinter Commission 1991–1993 and the Fate of Yugoslavia // Slavic Almanac. 2024. No 3–4. P. 78–101 (in Russian). DOI: 10.31168/2073-5731.2024.3-4.04
