Expert: ICJ circumvented question

Intl. law professor Tibor Varadi says the ICJ "should have considered the issue of whether Kosovo's independence is in accordance with international law".

Izvor: Politika

Friday, 23.07.2010.

14:43

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Intl. law professor Tibor Varadi says the ICJ "should have considered the issue of whether Kosovo's independence is in accordance with international law". "Instead of confronting the principle of territorial integrity that Serbia insisted on with the principle of right to self-determination that Kosovo Albanians insisted on, ICJ completely neglected these issues and focused solely on the text of the declaration of independence," Varadi told Belgrade-based daily Politika on Friday. Expert: ICJ circumvented question "I have yet to determine, by closely studying the ICJ's advisory opinion, whether this is a way of circumventing the question and avoiding the answer," Varadi stressed, adding that he does not believe the response would be different if the question had been formulated differently. "The fact that the court digressed from our question only to assess the very declaration is a manipulation. The court could have done the same with any other question," Varadi, who represented Serbia before the UN tribunal in the past, underscored. He added he believed that those who thought it was not advisable to go before the ICJ with the Kosovo case at all, were wrong, "as at the time there was no other way". Varadi said he still believed that the idea to file lawsuits against certain states that recognized was "much worse and would not yield results, as in that case the ICJ would inevitably stated that it is not authorized to rule on the case". Varadi expressed his expectation that this ICJ advisory opinion will encourage other secessionist movements around the world.

Expert: ICJ circumvented question

"I have yet to determine, by closely studying the ICJ's advisory opinion, whether this is a way of circumventing the question and avoiding the answer," Varadi stressed, adding that he does not believe the response would be different if the question had been formulated differently.

"The fact that the court digressed from our question only to assess the very declaration is a manipulation. The court could have done the same with any other question," Varadi, who represented Serbia before the UN tribunal in the past, underscored.

He added he believed that those who thought it was not advisable to go before the ICJ with the Kosovo case at all, were wrong, "as at the time there was no other way".

Varadi said he still believed that the idea to file lawsuits against certain states that recognized was "much worse and would not yield results, as in that case the ICJ would inevitably stated that it is not authorized to rule on the case".

Varadi expressed his expectation that this ICJ advisory opinion will encourage other secessionist movements around the world.

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