"ICJ can't tell countries not to recognize"

Slovenian President Danilo Turk says that International Court of Justice (ICJ)"will not make final conclusions about the secession" of Kosovo.

Izvor: Politika

Monday, 14.12.2009.

10:24

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Slovenian President Danilo Turk says that International Court of Justice (ICJ)"will not make final conclusions about the secession" of Kosovo. This, Turk told Belgrade daily Politika, would be because recognitions of the Kosovo Albanian unilateral independence declaration are "a matter of sovereignty of every individual state". "ICJ can't tell countries not to recognize" The ICJ on Friday finished hearing oral statements in the case of the legality of the Kosovo proclamation. “The court can analyze the circumstances of the proclamation of independence, it can state its opinion about those circumstances but it cannot prescribe the policy of recognition to the countries. That is why we cannot expect too much from the advisory opinion of the court in The Hague,” he told daily Politika. Turk also aid that “the recent warning of the ICJ President Hisashi Owada was completely correct”, and adds that “everybody who expects the court to make a decision under the pretense of opinion is wrong. Opinion is exactly what its name says – an opinion.” Turk, a professor of international law, said that the issue of unilateral secession was "always disputable" and related to political tensions, and "in that sense dangerous to the world peace". “But in the case of Kosovo we have to take into consideration the humanitarian element. The fact is that the force was widely used in Kosovo in summer of 1998 and there were victims among the civilian population," said he. "Estimate about the danger to the civilians and to the international peace and security was widely accepted. Do not forget the fact that the UN Security Council at the end of 1998 stated that the situation had deteriorated to such extent that it was endangering international peace."

"ICJ can't tell countries not to recognize"

The ICJ on Friday finished hearing oral statements in the case of the legality of the Kosovo proclamation.

“The court can analyze the circumstances of the proclamation of independence, it can state its opinion about those circumstances but it cannot prescribe the policy of recognition to the countries. That is why we cannot expect too much from the advisory opinion of the court in The Hague,” he told daily Politika.

Turk also aid that “the recent warning of the ICJ President Hisashi Owada was completely correct”, and adds that “everybody who expects the court to make a decision under the pretense of opinion is wrong. Opinion is exactly what its name says – an opinion.”

Turk, a professor of international law, said that the issue of unilateral secession was "always disputable" and related to political tensions, and "in that sense dangerous to the world peace".

“But in the case of Kosovo we have to take into consideration the humanitarian element. The fact is that the force was widely used in Kosovo in summer of 1998 and there were victims among the civilian population," said he.

"Estimate about the danger to the civilians and to the international peace and security was widely accepted. Do not forget the fact that the UN Security Council at the end of 1998 stated that the situation had deteriorated to such extent that it was endangering international peace."

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