"Sue first, negotiate later"

Serbia’s legal adviser believes that Belgrade’s legal position would be enhanced by suing states that have recognized Kosovo’s unilateral independence. Thomas Fleiner, a Swiss professor and permanent legal adviser to the Serbian delegation at the last round of Kosovo status negotiations, added that Belgrade should only take part in new negotiations if they were absolutely open to different outcomes, and based on the principle of consensus. "Sue first, negotiate later" In an interview with daily Vecernje Novosti today, Fleiner said that he had not changed his view that it was necessary to file charges directly with the International Court of Justice in The Hague, without prior consultations at the United Nations (UN) General Assembly. "Yes, I've always claimed that. The country’s credibility does not just depend only on always having the right to mention that the recognition of the independence of a part of its territory was illegal, but also in using every available legal recourse against those who took part in such an action, and who thus violated international law. One should add, however, that it is necessary for Serbia to first accept the binding jurisdiction of the International Court of Justice, which it has not done so far. Once Belgrade does so, it can file charges the very next day," he told the Belgrade daily. Speaking about the possibility of new negotiations, Fleiner said he believed, based on what he had read, that the UN secretary-general was considering granting a new mandate in order to find a solution. "This is because, as long as Russia and China oppose Kosovo recognition, it cannot become a member of the UN. The UN’s problem is also that UNMIK is still working under the mandate of Resolution 1244, the EULEX mission is also in the field, so that’s probably why the secretary-general probably wants to re-launch negotiations in order for a solution to be found through a consensus between the Serbian government and Kosovo," Fleiner surmised.

"Sue first, negotiate later"

In an interview with daily Večernje Novosti today, Fleiner said that he had not changed his view that it was necessary to file charges directly with the International Court of Justice in The Hague, without prior consultations at the United Nations (UN) General Assembly.

"Yes, I've always claimed that. The country’s credibility does not just depend only on always having the right to mention that the recognition of the independence of a part of its territory was illegal, but also in using every available legal recourse against those who took part in such an action, and who thus violated international law. One should add, however, that it is necessary for Serbia to first accept the binding jurisdiction of the International Court of Justice, which it has not done so far. Once Belgrade does so, it can file charges the very next day," he told the Belgrade daily.

Speaking about the possibility of new negotiations, Fleiner said he believed, based on what he had read, that the UN secretary-general was considering granting a new mandate in order to find a solution.

"This is because, as long as Russia and China oppose Kosovo recognition, it cannot become a member of the UN. The UN’s problem is also that UNMIK is still working under the mandate of Resolution 1244, the EULEX mission is also in the field, so that’s probably why the secretary-general probably wants to re-launch negotiations in order for a solution to be found through a consensus between the Serbian government and Kosovo," Fleiner surmised.