"Kosovo UDI not in breach of intl. law"

The International Court of Justice (ICJ) today announced its advisory opinion on the legality of the Kosovo's unilateral independence proclamation. "International law does not have an active provision that limits independence declarations, therefore Kosovo's declaration of independence is not in breach of international law," the court president, Hisashi Owada of Japan, said. "Kosovo UDI not in breach of intl. law" The top UN court stated that it focused on the specific question received from the UN General Assembly, and did not discuss the right to self-determination or secession. The court found that it had the jurisdiction to answer the question forwarded to it, but not to deal with the issue of the consequences of the UDI, in particular, to determine whether such declarations resulted in a statehood. The judge also said that the UN Security Council Resolution 1244, which ended the war in Kosovo in 1999, and which Belgrade sees as a guarantee of the country's territorial integrity, contained no arguments to prevent the unilateral proclamation, as its purpose was to establish a temporary administration, without intent to decide on Kosovo's final status. It was also announced that ten out of 14 judges voted in favor of the ruling. Full texts of ICJ advisory ruling, dissenting and separate opinions The opinion is based on the UN General Assembly’s demand submitted on October 2008 after a resolution was adopted to forward the question to the ICJ, on Serbia's demand. Officials from Belgrade and Pristina were in attendance, along with ambassadors from all the countries that participated in the public debate of the issue. While the advisory opinion is not binding for states, experts believe it would carry "great legal, political, and moral weight". The International Court of Justice in The Hague (FoNet archive) Next steps Serbia’s chief legal representative Sasa Obradovic said ahead of the ruling that the most important parts of the decision would be read first, which would last about two hours. “After that, the opinion would be given to the UN General Assembly, which had the authority to ask for this opinion. This will end the process before the ICJ, and there will be no appeals, the legal part of the process ends and after that, the political process would continue within the institutions of the UN,” he said. Obradovic added that he expects an objective ruling from the court, despite speculation that the judges were under strong pressure. President Boris Tadic said that Serbia is ready for all possible opinions from the court, but that Belgrade expects that the opinion would state that the Kosovo Albanians do not have the right to an ethnically motivated secession from Serbia. Tadic said that he expects that the decision would be based on the basic principles of international law and that it would not stimulate a new wave of secession in the world, but rather, leave good, stable effects. He said that Serbia will be open for discussions “through all institutional systems, with the opposition and non-governmental organizations” internally after the ICJ decision, and that the Serbian citizens would be informed of what the state would be doing next in the fight to preserve Kosovo. Kosovo's Albanians made the unilateral declaration in February 2008, supported and recognized by the U.S. and 22 out of EU's 27 countries. But Serbia rejects it as an illegal act of secession, and has the backing for this at the UN Security Council from Russia. KFOR Commander General Markus Bentler said that he has no indications that there could be any incidents in Kosovo after the ICJ gives its opinion, but added that KFOR would be ready to face any potential problems. He said that KFOR has prepared well and that its soldiers would be visibly present in Kosovo on Thursday. Serbs in Kosovo expect that the ICJ opinion would be in Serbia’s advantage, while Albanians believe that the opinion would not have any effect on the independence proclamation, which they believe is irreversible. Kosovo Serbs in Gracanica stated that they expect that the ICJ decision would work to Serbia’s advantage, but would do nothing to improve the situation of Serbs living in Kosovo. Albanians in Pristina believe that the opinion would be open-ended and that both Belgrade and the Kosovo Albanian institutions would be able to interpret the opinion according to their interests, but also believe that it can have no real effect on Kosovo’s proclaimed independence.

"Kosovo UDI not in breach of intl. law"

The top UN court stated that it focused on the specific question received from the UN General Assembly, and did not discuss the right to self-determination or secession.

The court found that it had the jurisdiction to answer the question forwarded to it, but not to deal with the issue of the consequences of the UDI, in particular, to determine whether such declarations resulted in a statehood.

The judge also said that the UN Security Council Resolution 1244, which ended the war in Kosovo in 1999, and which Belgrade sees as a guarantee of the country's territorial integrity, contained no arguments to prevent the unilateral proclamation, as its purpose was to establish a temporary administration, without intent to decide on Kosovo's final status.

It was also announced that ten out of 14 judges voted in favor of the ruling.

Full texts of ICJ advisory ruling, dissenting and separate opinions

The opinion is based on the UN General Assembly’s demand submitted on October 2008 after a resolution was adopted to forward the question to the ICJ, on Serbia's demand.

Officials from Belgrade and Priština were in attendance, along with ambassadors from all the countries that participated in the public debate of the issue.

While the advisory opinion is not binding for states, experts believe it would carry "great legal, political, and moral weight".

Next steps

Serbia’s chief legal representative Saša Obradović said ahead of the ruling that the most important parts of the decision would be read first, which would last about two hours.

“After that, the opinion would be given to the UN General Assembly, which had the authority to ask for this opinion. This will end the process before the ICJ, and there will be no appeals, the legal part of the process ends and after that, the political process would continue within the institutions of the UN,” he said.

Obradović added that he expects an objective ruling from the court, despite speculation that the judges were under strong pressure.

President Boris Tadić said that Serbia is ready for all possible opinions from the court, but that Belgrade expects that the opinion would state that the Kosovo Albanians do not have the right to an ethnically motivated secession from Serbia.

Tadić said that he expects that the decision would be based on the basic principles of international law and that it would not stimulate a new wave of secession in the world, but rather, leave good, stable effects.

He said that Serbia will be open for discussions “through all institutional systems, with the opposition and non-governmental organizations” internally after the ICJ decision, and that the Serbian citizens would be informed of what the state would be doing next in the fight to preserve Kosovo.

Kosovo's Albanians made the unilateral declaration in February 2008, supported and recognized by the U.S. and 22 out of EU's 27 countries. But Serbia rejects it as an illegal act of secession, and has the backing for this at the UN Security Council from Russia.

KFOR Commander General Markus Bentler said that he has no indications that there could be any incidents in Kosovo after the ICJ gives its opinion, but added that KFOR would be ready to face any potential problems.

He said that KFOR has prepared well and that its soldiers would be visibly present in Kosovo on Thursday.

Serbs in Kosovo expect that the ICJ opinion would be in Serbia’s advantage, while Albanians believe that the opinion would not have any effect on the independence proclamation, which they believe is irreversible.

Kosovo Serbs in Gračanica stated that they expect that the ICJ decision would work to Serbia’s advantage, but would do nothing to improve the situation of Serbs living in Kosovo.

Albanians in Priština believe that the opinion would be open-ended and that both Belgrade and the Kosovo Albanian institutions would be able to interpret the opinion according to their interests, but also believe that it can have no real effect on Kosovo’s proclaimed independence.