“Legality means precedent”

Director of the Swiss Institute for Federalism Thomas Fleiner warns of disastrous consequences if the ICJ rules that Kosovo’s independence is legal. He said that if the International Court of Justice (ICJ) ruled that Kosovo’s unilateral independence declaration was legal, it would be both catastrophic for both Serbia and the entire world. “Legality means precedent” “That would mean that the court did not accept the idea that Kosovo was a unique case, so the Kosovo case really would set a precedent. Because, I do not see any argument that the court could give, and which any minority in the world could not use for a unilateral secession based on its ruling,” Fleiner said. Fleiner, who was an adviser to Serbia during the Kosovo status talks, told daily Glas Javnosti that Serbia would, in that event, be able to sue countries that had recognized Kosovo, but that their chances of receiving a positive ruling would be drastically reduced. “If the court has already decided that the declaration of independence was legal, the chances of it changing its decision or opinion are very, very slim,” he stressed. Asked whether Serbia should recognize Kosovo if the Court ruled that the independence declaration had been in accordance with international law, Fleiner said that “that is not what this means,” pointing out that the opinion of the court was advisory, and that “Israel has yet to change its stance from the one that the Court deemed to be illegal.” If the Court’s opinion is positive, Serbia “will be able to sue countries that have recognized Kosovo, and use all diplomatic measures to open up negotiations with those countries. It is all open,” he surmised.

“Legality means precedent”

“That would mean that the court did not accept the idea that Kosovo was a unique case, so the Kosovo case really would set a precedent. Because, I do not see any argument that the court could give, and which any minority in the world could not use for a unilateral secession based on its ruling,” Fleiner said.

Fleiner, who was an adviser to Serbia during the Kosovo status talks, told daily Glas Javnosti that Serbia would, in that event, be able to sue countries that had recognized Kosovo, but that their chances of receiving a positive ruling would be drastically reduced.

“If the court has already decided that the declaration of independence was legal, the chances of it changing its decision or opinion are very, very slim,” he stressed.

Asked whether Serbia should recognize Kosovo if the Court ruled that the independence declaration had been in accordance with international law, Fleiner said that “that is not what this means,” pointing out that the opinion of the court was advisory, and that “Israel has yet to change its stance from the one that the Court deemed to be illegal.”

If the Court’s opinion is positive, Serbia “will be able to sue countries that have recognized Kosovo, and use all diplomatic measures to open up negotiations with those countries. It is all open,” he surmised.