“ICJ ruling only hope”

If the ICJ rules that Kosovo independence is illegal, Serbia’s position will thus become the position of international law, says a leading expert. Tibor Varadi, a professor of international law, writes in an article for Belgrade daily Politika that the International Court of Justice (ICJ) will deliver an advisory opinion, and since the judgment will have far-reaching legal implications, he believes that the “ICJ will approach the task with full expert responsibility.” “ICJ ruling only hope” Varadi stresses that the ICJ’s judgment will not bring Kosovo back, though he points out that that the court’s ruling would still only have had a declarative significance even if Serbia had filed lawsuits against countries that have recognized Kosovo. "Were we to file a lawsuit against Belgium, or any other country for that matter, for recognizing Kosovo, the result, of course, would not be Kosovo’s return to Serbian jurisdiction. The best case scenario would then be that the recognition of Kosovo’s independence had not been in accordance with international law,” states Varadi, who was a member of Serbia’s legal team during Bosnia-Hercegovina’s case against Serbia before the ICJ. The professor says that the UN General Assembly’s resolution is more direct and has focused the Court’s attention on the very act of Kosovo’s declaration of independence itself, and not on the fact that a number of countries had recognized it which Belgrade considered to be illegal. He states that if the court decides that Kosovo’s declaration of independence was against international law, the implications of the verdict would be considerable. Varadi says that it could be a chance to raise the issue of Kosovo once again, surmising that he does not see any other way for Serbia to do that, other than via an ICJ ruling on the issue.

“ICJ ruling only hope”

Varadi stresses that the ICJ’s judgment will not bring Kosovo back, though he points out that that the court’s ruling would still only have had a declarative significance even if Serbia had filed lawsuits against countries that have recognized Kosovo.

"Were we to file a lawsuit against Belgium, or any other country for that matter, for recognizing Kosovo, the result, of course, would not be Kosovo’s return to Serbian jurisdiction. The best case scenario would then be that the recognition of Kosovo’s independence had not been in accordance with international law,” states Varadi, who was a member of Serbia’s legal team during Bosnia-Hercegovina’s case against Serbia before the ICJ.

The professor says that the UN General Assembly’s resolution is more direct and has focused the Court’s attention on the very act of Kosovo’s declaration of independence itself, and not on the fact that a number of countries had recognized it which Belgrade considered to be illegal.

He states that if the court decides that Kosovo’s declaration of independence was against international law, the implications of the verdict would be considerable.

Varadi says that it could be a chance to raise the issue of Kosovo once again, surmising that he does not see any other way for Serbia to do that, other than via an ICJ ruling on the issue.