Debate on Kosovo before ICJ close to end

The Netherlands, Romania and UK today stated their arguments on the legality of Kosovo's secession at the Peace Palace in The Hague. This part of the proceedings, conducted before 15 judges of the International Court of Justice (ICJ), will end on Friday. Debate on Kosovo before ICJ close to end "The proclamation of independence by the people of Kosovo was directed at a change of international boundaries and, therefore, constitutes an instance of the exercise of the right to external self-determination," said Dutch representative Liesbeth Lijnzaad. She stated that violations of the fundamental rights of Kosovo Albanians "are at the root of our view that the people of Kosovo are, as a people, entitled to external self-determination." The Dutch representative also argued that "all effective remedies that could be employed to settle the status of Kosovo had been exhausted", calling on the court to recognize the "right to external self-determination of the people of Kosovo". Romania, however, argued against the unilateral declaration, with one of its representatives in the proceedings, Bogdan Aurescu, emphasizing the applicability of international law. He said that accepting that the statement that secession is not prohibited by international law and that the principle of territorial integrity applies only between states "would lead to extremely severe consequences for the international legal order. It would mean that any province, district, county, or even the smallest hamlet from any corner of any State, is allowed by international law to declare independence and to obtain secession," said he. The Romanian representative concluded that that general international law prohibits secession, that the relevant Security Council resolutions provide for the respect of the territorial integrity of Serbia and that the solution of the Kosovo status process can be in no other way but negotiated and agreed by the parties. Speaking on behalf of the United Kingdom, which recognized the Kosovo Albanian proclamation, Daniel Bethlehem said that UNSCR resolution 1244, passed in 1999, "does not prohibit Kosovo’s independence," and that "the disagreement" over its meaning "comes down to what some contend must be implied into the resolution." "The legality of the declaration of independence was not impugned by the [UN] secretary-general," Bethlehem continued, "nor was it impugned by the secretary-general’s special representative. These developments, or rather their absence, bolster our assessment that Kosovo’s declaration of independence was not precluded by resolution 1244." The transcript from today's hearing can be downloaded here Friday will be the last day of the ICJ session regarding the issue of accordance with international law of the unilaterally declared independence of Kosovo by its interim institutions, which was brought before the Court by the UN General Assembly in October 2008, at Serbia's initiative. On the ninth and last day of the "legal battle for Kosovo", representatives of Vietnam and Venezuela will speak against the secession.

Debate on Kosovo before ICJ close to end

"The proclamation of independence by the people of Kosovo was directed at a change of international boundaries and, therefore, constitutes an instance of the exercise of the right to external self-determination," said Dutch representative Liesbeth Lijnzaad.

She stated that violations of the fundamental rights of Kosovo Albanians "are at the root of our view that the people of Kosovo are, as a people, entitled to external self-determination."

The Dutch representative also argued that "all effective remedies that could be employed to settle the status of Kosovo had been exhausted", calling on the court to recognize the "right to external self-determination of the people of Kosovo".

Romania, however, argued against the unilateral declaration, with one of its representatives in the proceedings, Bogdan Aurescu, emphasizing the applicability of international law.

He said that accepting that the statement that secession is not prohibited by international law and that the principle of territorial integrity applies only between states "would lead to extremely severe consequences for the international legal order. It would mean that any province, district, county, or even the smallest hamlet from any corner of any State, is allowed by international law to declare independence and to obtain secession," said he.

The Romanian representative concluded that that general international law prohibits secession, that the relevant Security Council resolutions provide for the respect of the territorial integrity of Serbia and that the solution of the Kosovo status process can be in no other way but negotiated and agreed by the parties.

Speaking on behalf of the United Kingdom, which recognized the Kosovo Albanian proclamation, Daniel Bethlehem said that UNSCR resolution 1244, passed in 1999, "does not prohibit Kosovo’s independence," and that "the disagreement" over its meaning "comes down to what some contend must be implied into the resolution."

"The legality of the declaration of independence was not impugned by the [UN] secretary-general," Bethlehem continued, "nor was it impugned by the secretary-general’s special representative. These developments, or rather their absence, bolster our assessment that Kosovo’s declaration of independence was not precluded by resolution 1244."

The transcript from today's hearing can be downloaded here

Friday will be the last day of the ICJ session regarding the issue of accordance with international law of the unilaterally declared independence of Kosovo by its interim institutions, which was brought before the Court by the UN General Assembly in October 2008, at Serbia's initiative.

On the ninth and last day of the "legal battle for Kosovo", representatives of Vietnam and Venezuela will speak against the secession.