“No chance of neutral ICJ decision”

Sasa Obradovic says that fears that the International Court of Justice (ICJ) will make a “neutral” decision regarding Kosovo independence are groundless. Serbia has called on the ICJ, through the UN General Assembly, to give its advisory opinion on the legality of Kosovo’s unilaterally declared independence. “No chance of neutral ICJ decision” “The question itself does not leave any room or possibility for a neutral answer. The court looks at all the circumstances of the case, but, in the end, it has to give a very clear answer on a clear and specific question. I do not see any other possibilities,” Obradovic, the coordinator of Serbia’s legal team, told daily Politika. Adding that one of the arguments of Serbia’s opponents was that it was a political, not legal, question, he stressed that Serbia “has prepared answers for that as well.” “This is both a political and legal problem. These two fields are not mutually exclusive. In most of the cases the Court has considered thus far, there have been some very political cases that have had legal elements that require decisions. In 24 cases, the court has only refused to answer one thus far,” Obradovic said. He said that there was no chance of the Court claiming that this lay outside its jurisdiction “because this is a special legal problem for international law at the beginning of the 21st century.” “This is a chance for the ICJ to confirm the system of international law in relation to territorial integrity and the right of people to self-determination,” the lawyer explained. Regarding the role of the Kosovo institutions in the case, Obradovic said that the “court has tried not to give them the status that a UN member-state would enjoy, but has named as the authors of the declaration in question.” Obradovic said that it was too early to talk about the arguments Serbia would be presenting because “no matter how well known our argument is at home and abroad, now is not the time in the process to reveal the contents of the motion we’ll be submitting, and which will be published on April 17, 2009.” The Serbian legal team, made up of experts from London, Berlin, Geneva and Belgrade, and led by Obradovic from the Foreign Ministry, is putting the finishing touches on its case for the ICJ. He said that the “oral part of the debate will be different from what was seen in the case with Bosnia-Herzegovina.” “It will not be two countries sitting on two separate benches, but each country will be called one at a time to give its arguments and explain its stance. Some countries may submit written arguments, but not be interested in participating in the oral part of the debate,” Obradovic said. Asked whether there would be lobbying of countries that support Serbia—such as Greece, Cyprus, Spain, China and Russia—to submit written testimony and speak before the court, Obradovic said that “they are already discussing the possibility,” and that he knows that “many of them will participate,” though he did not specifically state who. “Our further diplomatic activity will be focused on encouraging other countries to participate,” Obradovic said.

“No chance of neutral ICJ decision”

“The question itself does not leave any room or possibility for a neutral answer. The court looks at all the circumstances of the case, but, in the end, it has to give a very clear answer on a clear and specific question. I do not see any other possibilities,” Obradović, the coordinator of Serbia’s legal team, told daily Politika.

Adding that one of the arguments of Serbia’s opponents was that it was a political, not legal, question, he stressed that Serbia “has prepared answers for that as well.”

“This is both a political and legal problem. These two fields are not mutually exclusive. In most of the cases the Court has considered thus far, there have been some very political cases that have had legal elements that require decisions. In 24 cases, the court has only refused to answer one thus far,” Obradović said.

He said that there was no chance of the Court claiming that this lay outside its jurisdiction “because this is a special legal problem for international law at the beginning of the 21st century.”

“This is a chance for the ICJ to confirm the system of international law in relation to territorial integrity and the right of people to self-determination,” the lawyer explained.

Regarding the role of the Kosovo institutions in the case, Obradović said that the “court has tried not to give them the status that a UN member-state would enjoy, but has named as the authors of the declaration in question.”

Obradović said that it was too early to talk about the arguments Serbia would be presenting because “no matter how well known our argument is at home and abroad, now is not the time in the process to reveal the contents of the motion we’ll be submitting, and which will be published on April 17, 2009.”

The Serbian legal team, made up of experts from London, Berlin, Geneva and Belgrade, and led by Obradović from the Foreign Ministry, is putting the finishing touches on its case for the ICJ.

He said that the “oral part of the debate will be different from what was seen in the case with Bosnia-Herzegovina.”

“It will not be two countries sitting on two separate benches, but each country will be called one at a time to give its arguments and explain its stance. Some countries may submit written arguments, but not be interested in participating in the oral part of the debate,” Obradović said.

Asked whether there would be lobbying of countries that support Serbia—such as Greece, Cyprus, Spain, China and Russia—to submit written testimony and speak before the court, Obradović said that “they are already discussing the possibility,” and that he knows that “many of them will participate,” though he did not specifically state who.

“Our further diplomatic activity will be focused on encouraging other countries to participate,” Obradović said.