Reviewing legality of Kosovo independence

Sui generis or precedent?

General Assembly UN backed up Serbia on resolution to ask for an opinion of International Court of Justice, whether unilateral independence declaration of Kosovo, pursuit on February 17 this year, is sustainable in terms of International Law


By DANICA VLAČIĆ
from Belgrade, SERBIA


77 countries voted in favour of Serbian resolution to review legality of declared Kosovo independence, while 6 opposed and 74 abstained. Bearing in mind that most of EU countries have already recognized independence of Serbian south province, it was announced earlier that, most of them will abstain of voting, while Slovakia, Greece, Cyprus, Spain and Romania voted in favour.

Together with U.S.A and Albania, another four countries: Marshall Islands, the Federated States of Micronesia, Nauru, and Palau were opposed to resolution. It's interesting to notice that first time ever one of the most powerful countries - U.S.A missed to support the right of any country to ask for an opinion on issue that concerns International Law. While Rosemary DiCarlo, the American envoy, explained that U.S.A. believes that Serbian request is unnecessary and unhelpful, because Kosovo's independence is irreversible, Serbian Minister of foreign affairs, Vuk Jeremić, said the final goal of Serbian diplomacy is getting back to negotiation process, which will be mandatory for the region stability. He explained that any solution that comes as a result of negotiation is better than any unilateral driven decision.

Both, pro and contra sides, feels that ICJ will have a difficult task to solve but they are both prepared to stand up for their beliefs. Serbian envoys are hoping to get a positive answer from ICJ, which perhaps won't stop other countries in their decisions to recognize independence of Kosovo, but will certainly stop Kosovo entering any of the international organizations; being it financial, political or sports organization. At the end, it could push Kosovo's representatives towards 'status dead-end' and make them return to negotiation table. At the other hand, recommendations of ICJ are not mandatory, while many believe that this hard process to be, will only slow down recovery of Kosovo, and won't bring anything good to people, both Serbs and Albanians.

Serbian Minister of foreign affairs, Vuk Jeremić, warned that voting results are showing that most of the countries still relies on International Law, while neglecting the right to ask for a recommendation, would be a dangerous thing to do. It would show that our modern legal world is in deep crisis, and it would send a message to separatists in every part of the world that they are invited to take justice in their own hands and choose force over law. At the other hand, Serbian opposition is not pleased with decision of authorities to address ICJ. In their opinion, right way to stand up for Serbian sovereignity would be a law sue against all the countries that recognized Kosovo. Also, they are afraid that Serbia may end up with negative response from ICJ, concerning its role in past civil war, and Milosević's rigid stands towards minority rights for Albanians.

Officials in Priština are optimistic about their chances in future process and believe that International Court of Justice will decide in their favour. They are warning that Serbia made another mistake, by prolonging whole process, which will not significantly affect other countries to join a group of those who already recognized the 'European youngest democracy'. At the same time, only 48 countries already recognized Kosovo, while another 144 had not. Jeremi? was hoping that process before ICJ will delay further discussion about recognition, while at the same time, only a day after GA UN voting, both Montenegro and FYR Macedonia, Serbian south neighbours, voted out resolutions to recognize Kosovo as independent country.

U.S.A has been the biggest supporter of Kosovo independence. Implications of the case is still left to be seen, while the issue had become more complex than ever, after recession of South Ossetia and Abkhazia. While U.S. officials explained that Kosovo is sui generis, one of the Serbian envoys and professor on foreign policy, Ivo Visković, noticed that it's extremely hard to understand U.S. position when its whole legal system is established on precedents.

Serbian officials are pleased that issue is moving from the political to legal arena, while at the same time being accused of trying to politicize the whole process.

Some of the European diplomats are noticing that Serbia is trying to put together opposite goals: one of denying independence of Kosovo while still trying to become a EU candidate country. However, message from Serbian Parliament, both authorities and opposition, is united: if will be asked to do so, Serbia will not exchange its part of territory for EU membership


(Published: 10.10.2008.)