Hague verdict to sway ICJ Kosovo ruling?

The Hague’s rulings against high-ranking Serbian officials could worsen Belgrade’s position in front of the International Court of Justice (ICJ), says the BBC.

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Friday, 27.02.2009.

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The Hague’s rulings against high-ranking Serbian officials could worsen Belgrade’s position in front of the International Court of Justice (ICJ), says the BBC. Serbia has opened proceedings at the ICJ to consider the legality of Kosovo’s unilateral independence declaration and the recent Hague rulings against former government officials could have a bearing on the case, says the BBC. Hague verdict to sway ICJ Kosovo ruling? Belgrade international law expert Vojin Dimitrijevic warned that the ruling could influence the advisory opinion of the ICJ—specifically, the degree to which Kosovo’s self-determination was justified. Jann Kleffner from the Institute for International Law at the University of Amsterdam told the BBC that he also thought the Hague’s ruling could, to a degree, worsen Serbia’s position in the eyes of the ICJ, but that “cannot be directly connected to Kosovo’s unilateral independence declaration.” “The advisory opinion of the International Court of Justice about the unilateral independence declaration concerns the state, while the Hague Tribunal is dealing with personal responsibility for those charged with war crimes,” said the professor. He nonetheless noted that the court had ruled against the Serbian political and military elite, which itself points to state responsibility, and that could certainly be brought in as an argument in the future debate about Kosovo’s status. “Those were not ordinary soldiers who took control, but state officials who, based on the Trial Chamber decision, participated in a common criminal undertaking” said Kleffner. He said that he would not be surprised if “Kosovo Albanian leaders used the war crimes judgment as an argument in their case that remaining in a common state was impossible.” Kleffner added that “the mere fact that crimes were committed somewhere cannot be a reason for unilateral secession.”

Hague verdict to sway ICJ Kosovo ruling?

Belgrade international law expert Vojin Dimitrijević warned that the ruling could influence the advisory opinion of the ICJ—specifically, the degree to which Kosovo’s self-determination was justified.

Jann Kleffner from the Institute for International Law at the University of Amsterdam told the BBC that he also thought the Hague’s ruling could, to a degree, worsen Serbia’s position in the eyes of the ICJ, but that “cannot be directly connected to Kosovo’s unilateral independence declaration.”

“The advisory opinion of the International Court of Justice about the unilateral independence declaration concerns the state, while the Hague Tribunal is dealing with personal responsibility for those charged with war crimes,” said the professor.

He nonetheless noted that the court had ruled against the Serbian political and military elite, which itself points to state responsibility, and that could certainly be brought in as an argument in the future debate about Kosovo’s status.

“Those were not ordinary soldiers who took control, but state officials who, based on the Trial Chamber decision, participated in a common criminal undertaking” said Kleffner.

He said that he would not be surprised if “Kosovo Albanian leaders used the war crimes judgment as an argument in their case that remaining in a common state was impossible.”

Kleffner added that “the mere fact that crimes were committed somewhere cannot be a reason for unilateral secession.”

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