"Serbia defends Kosovo, UN defends intl. order"

President Boris Tadic on Tuesday formally asked the UN General Assembly to back Serbia's ICJ resolution. Tadic addressed the 63rd session of the UN General Assembly in New York to seek support for the initiative, asking the International Court of Justice (ICJ) to render an advisory opinion on the question formulated thus: "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?" "Serbia defends Kosovo, UN defends intl. order" In his address, the president underscored that Serbia is confident that sending the Kosovo question to the ICJ would prevent this crisis from serving as a deeply problematic precedent in any part of the globe where secessionist ambitions are harbored. "We also believe that an ICJ advisory opinion would provide politically neutral, yet judicially authoritative guidance, to many countries still deliberating on how to approach Kosovo's UDI in line with international law," said Tadic. According to him, the UN General Assembly's vote in support of this resolution would serve to reaffirm another key international principle at stake: the right of any member state of the United Nations to pose a simple, elementary question on a matter it considers vitally important-to the competent court. "To vote against is in effect to vote to deny the right of any country-now or in the future-to seek judicial recourse through the UN system. To vote against means to accept that nothing could be done when secessionists in whichever part of the world proclaim the uniqueness of their cause, and claim exception to the universal scope of international law. Such an attitude could lead to the end of the United Nations system as we know it," cautioned Tadic. "The sacrosanct character of the foundational doctrine of sovereign equality, and its accompanying binding obligation to respect each other's sovereignty and territorial integrity, constitutes the very nature of the enduring legitimacy of the United Nations. This has not changed, and I believe it must not change-unless we seek to overthrow the Charter and overturn the global legal order upon which it is built," said Tadic. The president described Kosovo as a territory that for the Serb nation stands at the crucible of their identity. "It is the essential link between our proud national past and our proud European future. It is what ties the living tradition of Serbia to itself today," said Tadic. "The attempt at secession took place on February 17 2008, in direct violation of the United Nations Charter, the Helsinki Final Act, and Security Council resolution 1244 (1999). Kosovo's ethnic Albanian leaders chose to take this unilateral step after walking away from the negotiating table," he continued. "They believed that if they walked away, the path to securing independence would open up before them. They believed it, because that's what they were told. And they believed it because an artificial deadline on the talks was affirmed from the outside after which, if no compromise solution was reached, Kosovo's independence would be imposed." "Kosovo's unilateral declaration of independence, or UDI, amounts to an attempt at partitioning a member State of the United Nations against its will, and with disregard for the firm opposition of the Security Council, in order to appease a volatile and threatening ethnic minority," said Tadic. "We all know that there are dozens of Kosovo's throughout the world, just waiting for secession to be legitimized, to be rendered an acceptable norm. Many existing conflicts could escalate, frozen conflicts could reignite, and new ones could be instigated," cautioned the president. Tadic also said that Serbia rejects the argument that Kosovo is sui generis - that it is a unique case, adding: "But the truth is, this comes down to saying that Kosovo is an exception to international law - that Kosovo should stand beyond the rules that govern the behavior of the international community." "The Republic of Serbia rejects this claim, believing that no one should permit himself the right to declare such exceptions, especially in defiance of the Security Council's position," he said Tadic also said that Serbia had opted for a peaceful response to the threat against its territorial integrity, for the use of international law as a weapon. "While rejecting violence and unilateralism categorically, we are equally emphatic in demanding that justice be delivered through the proper legal means at the disposal of any member State of the United Nations," he told the UN General Assembly. In regards to the deployment of the European Union mission in Kosovo, Tadic said that Belgrade supports European engagement, but underscored, "In order for Europe's presence in Kosovo to be fully anchored within an acceptable, legitimate framework, it is vital that its mandate be approved by the Security Council." "While the ICJ deliberates on the legality of UDI, Serbia will remain a good-faith partner in the interim administration of our southern province," said Tadic. "The functionality of a reconfigured international civilian presence under the overall authority of the United Nations, as defined by resolution 1244, is of great importance to my country. It must remain status-neutral, and therefore cannot be based on the so-called Ahtisaari Proposal, which was rejected by Serbia and not approved by the Security Council. We will work with the member States and the Secretariat to ensure that we achieve consensus in the near future on the international civil presence in our southern province," he also said. Tadic concluded that the central strategic priority of Serbia is rapid accession to the European Union, which is why Belgrade insists on European democratic values and "reversing of the Balkanization of the Balkans". "As a country that is the largest successor to a co-founder of the Non-Aligned Movement, Serbia will work hard to contribute to a more equitable global community devoted to advance the democratization of international relations, economic and social development, and human rights," said the president. "Such a vision can only be built on the firm foundation of the universal principles of sovereign equality, solidarity and international law within the framework of the United Nations," concluded Tadic. Boris Tadic addresses the UN GA(FoNet) ICJ move on agenda "in early October" Earlier in the day, Tadic was reported as saying that one of his main messages for the General Assembly would be that Serbia would never recognize Kosovo’s illegally declared independence. According to him, Serbia’s initiative to seek the advisory opinion of the International Court of Justice (ICJ) on the matter could appear on the General Assembly’s agenda in early October, following the end of the general debate, which begins today. After talks with the Serbian president last night, General Assembly Chairman Miguel D’Escoto Brockman said that Belgrade’s initiative brought the issue of international law back into the heart of a discussion on the UN’s future. In a statement to the press in New York, Tadic said that the new General Assembly chairman had said that the world organization could not function without respect for international law, and that for this reason Serbia’s initiative was of great significance for the UN’s future too. Tadic told Brockman that it was very important for Serbia for her initiative to come up for debate as soon as possible. Meanwhile, the president said last night that Serbia’s initiative before the UN would ease the pressure on states that had not so far recognized Kosovo. "We respect the position of every country who, by defending their national policy and their European aspirations seek to find the answers to pressures that are real, “ Tadic told Montenegrin TV after meeting with his Montenegrin counterpart, Filip Vujanovic. He pointed out that Serbia’s initiative opened up the possibility for every state in the region to wait for the ICJ’s advisory ruling and address the issue legally, not via political confrontation. The Montenegrin president told Tadic about the pressures exerted by the international community on Podgorica to recognize Kosovo. "I told him about the reality of the expectations of the international community, especially of the U.S. and the EU, and that this reality was a permanent feature,” Vujanovic said. He also said that Montenegro would state its official position on Serbia’s initiative in October, when the initiative appeared on the UN General Assembly’s agenda. However, the Serb member of the Bosnian Presidency Nebojsa Radmanovic has informed Serbian Ambassador to Sarajevo Grujica Spasojevic that Bosnia-Herzegovina will not be voting on Serbia’s initiative at the General Assembly session. He said that because of the refusal of Chairman of the Presidency Haris Silajdzic, no consensus could be reached within the Presidency on Serbia’s initiative. However, the ambassador said that he was hopeful, that he believed Serbia’s initiative would be adopted by the UN General Assembly, and that the Kosovo issue would appear before the International Court of Justice (ICJ). After meeting with Republic of Srpska Speaker Igor Radojcic, Spasovic told journalists in Banja Luka that he did not expect neighboring countries to maintain their neutral position on the issue because the issue was essential for the stability of the entire region.

"Serbia defends Kosovo, UN defends intl. order"

In his address, the president underscored that Serbia is confident that sending the Kosovo question to the ICJ would prevent this crisis from serving as a deeply problematic precedent in any part of the globe where secessionist ambitions are harbored.

"We also believe that an ICJ advisory opinion would provide politically neutral, yet judicially authoritative guidance, to many countries still deliberating on how to approach Kosovo's UDI in line with international law," said Tadić.

According to him, the UN General Assembly's vote in support of this resolution would serve to reaffirm another key international principle at stake: the right of any member state of the United Nations to pose a simple, elementary question on a matter it considers vitally important-to the competent court.

"To vote against is in effect to vote to deny the right of any country-now or in the future-to seek judicial recourse through the UN system. To vote against means to accept that nothing could be done when secessionists in whichever part of the world proclaim the uniqueness of their cause, and claim exception to the universal scope of international law. Such an attitude could lead to the end of the United Nations system as we know it," cautioned Tadić.

"The sacrosanct character of the foundational doctrine of sovereign equality, and its accompanying binding obligation to respect each other's sovereignty and territorial integrity, constitutes the very nature of the enduring legitimacy of the United Nations. This has not changed, and I believe it must not change-unless we seek to overthrow the Charter and overturn the global legal order upon which it is built," said Tadić.

The president described Kosovo as a territory that for the Serb nation stands at the crucible of their identity.

"It is the essential link between our proud national past and our proud European future. It is what ties the living tradition of Serbia to itself today," said Tadić.

"The attempt at secession took place on February 17 2008, in direct violation of the United Nations Charter, the Helsinki Final Act, and Security Council resolution 1244 (1999).

Kosovo's ethnic Albanian leaders chose to take this unilateral step after walking away from the negotiating table," he continued.

"They believed that if they walked away, the path to securing independence would open up before them. They believed it, because that's what they were told. And they believed it because an artificial deadline on the talks was affirmed from the outside after which, if no compromise solution was reached, Kosovo's independence would be imposed."

"Kosovo's unilateral declaration of independence, or UDI, amounts to an attempt at partitioning a member State of the United Nations against its will, and with disregard for the firm opposition of the Security Council, in order to appease a volatile and threatening ethnic minority," said Tadić.

"We all know that there are dozens of Kosovo's throughout the world, just waiting for secession to be legitimized, to be rendered an acceptable norm. Many existing conflicts could escalate, frozen conflicts could reignite, and new ones could be instigated," cautioned the president.

Tadić also said that Serbia rejects the argument that Kosovo is sui generis - that it is a unique case, adding:

"But the truth is, this comes down to saying that Kosovo is an exception to international law - that Kosovo should stand beyond the rules that govern the behavior of the international community."

"The Republic of Serbia rejects this claim, believing that no one should permit himself the right to declare such exceptions, especially in defiance of the Security Council's position," he said

Tadić also said that Serbia had opted for a peaceful response to the threat against its territorial integrity, for the use of international law as a weapon.

"While rejecting violence and unilateralism categorically, we are equally emphatic in demanding that justice be delivered through the proper legal means at the disposal of any member State of the United Nations," he told the UN General Assembly.

In regards to the deployment of the European Union mission in Kosovo, Tadić said that Belgrade supports European engagement, but underscored, "In order for Europe's presence in Kosovo to be fully anchored within an acceptable, legitimate framework, it is vital that its mandate be approved by the Security Council."

"While the ICJ deliberates on the legality of UDI, Serbia will remain a good-faith partner in the interim administration of our southern province," said Tadić.

"The functionality of a reconfigured international civilian presence under the overall authority of the United Nations, as defined by resolution 1244, is of great importance to my country. It must remain status-neutral, and therefore cannot be based on the so-called Ahtisaari Proposal, which was rejected by Serbia and not approved by the Security Council. We will work with the member States and the Secretariat to ensure that we achieve consensus in the near future on the international civil presence in our southern province," he also said.

Tadić concluded that the central strategic priority of Serbia is rapid accession to the European Union, which is why Belgrade insists on European democratic values and "reversing of the Balkanization of the Balkans".

"As a country that is the largest successor to a co-founder of the Non-Aligned Movement, Serbia will work hard to contribute to a more equitable global community devoted to advance the democratization of international relations, economic and social development, and human rights," said the president.

"Such a vision can only be built on the firm foundation of the universal principles of sovereign equality, solidarity and international law within the framework of the United Nations," concluded Tadić.

ICJ move on agenda "in early October"

Earlier in the day, Tadić was reported as saying that one of his main messages for the General Assembly would be that Serbia would never recognize Kosovo’s illegally declared independence.

According to him, Serbia’s initiative to seek the advisory opinion of the International Court of Justice (ICJ) on the matter could appear on the General Assembly’s agenda in early October, following the end of the general debate, which begins today.

After talks with the Serbian president last night, General Assembly Chairman Miguel D’Escoto Brockman said that Belgrade’s initiative brought the issue of international law back into the heart of a discussion on the UN’s future.

In a statement to the press in New York, Tadić said that the new General Assembly chairman had said that the world organization could not function without respect for international law, and that for this reason Serbia’s initiative was of great significance for the UN’s future too.

Tadić told Brockman that it was very important for Serbia for her initiative to come up for debate as soon as possible.

Meanwhile, the president said last night that Serbia’s initiative before the UN would ease the pressure on states that had not so far recognized Kosovo.

"We respect the position of every country who, by defending their national policy and their European aspirations seek to find the answers to pressures that are real, “ Tadić told Montenegrin TV after meeting with his Montenegrin counterpart, Filip Vujanović.

He pointed out that Serbia’s initiative opened up the possibility for every state in the region to wait for the ICJ’s advisory ruling and address the issue legally, not via political confrontation.

The Montenegrin president told Tadić about the pressures exerted by the international community on Podgorica to recognize Kosovo.

"I told him about the reality of the expectations of the international community, especially of the U.S. and the EU, and that this reality was a permanent feature,” Vujanović said.

He also said that Montenegro would state its official position on Serbia’s initiative in October, when the initiative appeared on the UN General Assembly’s agenda.

However, the Serb member of the Bosnian Presidency Nebojša Radmanović has informed Serbian Ambassador to Sarajevo Grujica Spasojević that Bosnia-Herzegovina will not be voting on Serbia’s initiative at the General Assembly session.

He said that because of the refusal of Chairman of the Presidency Haris Silajdžić, no consensus could be reached within the Presidency on Serbia’s initiative.

However, the ambassador said that he was hopeful, that he believed Serbia’s initiative would be adopted by the UN General Assembly, and that the Kosovo issue would appear before the International Court of Justice (ICJ).

After meeting with Republic of Srpska Speaker Igor Radojčić, Spasović told journalists in Banja Luka that he did not expect neighboring countries to maintain their neutral position on the issue because the issue was essential for the stability of the entire region.