icj1
pre 12 godina
For some reason comments that are not in accordance with the taste of B92 moderators, are not always posted. So let me try again:
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Any UDI is juridical zero by definition.
(aaayyy, 28 December 2011 14:28)
That may be true in Serbian – I can’t comment on that because I don’t know Serbian. But, in English, I checked several dictionaries and none of them defined “UDI” as a “juridical 0”. In addition, I was under the impression that Serbia's UDI from the Ottoman Empire was not a juridical 0.
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It means declaration of UDI is always legal (one doesn't even have to ask icj about it)
(aaayyy, 28 December 2011 14:28)
Well, that depends, my dear. For example, if Resolution 1244 stated that Kosovo cannot declare UDI, the UDI would have been illegal. Or, for example, if Serbs in Bosnia declare UDI that would be illegal under international law (Dayton Accords). In addition, if you analyze them under domestic laws, most UDIs would be illegal. So, it depends on the law applicable to the particular UDI – you can’t make sweeping statements that are not based on anything. Indeed, Vuk had those doubts and had to ask the ICJ. Or did he just do it to destroy Serbia's main argument against Kosovo's UDI since we know that the current Serbian government is full of traitors.
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while it doesn't make the declaring group an independent state,
(aaayyy, 28 December 2011 14:28)
of course, it doesn’t. Kosovo, for example, has been de-facto independent from Serbia since 1999, long before the 2008 UDI. Kosovo also declared UDI in 1991, but that did not make Kosovo independent from Serbia.
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In case of Kosovo recognitions of UDI are illegal according to 1244.
(aaayyy, 28 December 2011 14:28)
1244 does not say that (in the Arabic, Chinese, English, French or Russian versions - not sure about the Serbian one) and nobody has ruled that the recognitions are illegal and nobody will ever rule that they are illegal. Saying that the recognition of a legal act is illegal is a contradiction. I’m assuming, of course, that you are always referring to international law. If you are also referring to domestic law, than it may make sense – for example it would be illegal for Serbia under Serbian law to recognize the UDI, even though it would be legal for Serbia to recognize it under international law.
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Conclusion: Kosovo isn't independent state.
(aaayyy, 28 December 2011 14:28)
Your conclusion was not based on any argument supporting it. One thing that is beyond dispute (all parties agree, Serbia included) is that Kosovo is independent from Serbia and Serbia is not in charge in Kosovo. The only thing that is disputed is whether Kosovo is independent from UN/UNSC/UNMIK/EULEX/KFOR/EU/US/Devil. But it’s not worth arguing about it because all Albanians cared about was to be independent from Serbia. If it makes you happy, we can assume that Kosovo is not independent from UN/UNSC/UNMIK/EULEX/KFOR/EU/US/Devil.
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