China: Kosovo declaration violates intl. law

The public hearing in the legality of the Kosovo Albanian UDI case before the ICJ continues today in The Hague for the fifth day. China, Cyprus, Croatia and Denmark will state their opinions on the legality of the unilateral declaration of independence before the 15 judges of the International Court of Justice (ICJ) at the Peace Palace this Monday. China: Kosovo declaration violates intl. law China reiterated its stance given in a written statement sent to the ICJ during the previous stage of the proceedings that the Kosovo Albanian proclamation was contrary to international law. "There is no doubt that after the breakup of the Socialist Federal Republic of Yugoslavia, Kosovo was a part of the Federal Republic of Yugoslavia, that is, Serbia. Integral parts of sovereign states, under international law, do not have a right to unilateral secession… while the principle of protection of territorial integrity is a cornerstone of international legal order," Beta news agency reported China's legal representative Xue Hanqin as saying. She added that sovereign states have a right to prevent unilateral secessions and protect their integrity, and that China also sees the unilateral proclamation as a violation of mandatory UNSC Resolution 1244, that guarantees the territorial integrity and sovereignty of the Federal Republic of Yugoslavia (SRJ). Serbia is the successor state to the SRJ. China rejected interpretations that the provision of the resolution that guaranteed integrity and sovereignty was "unbinding", with its legal representative telling the ICJ today that Beijing in 1999 insisted that this provision be included in the resolution, which came after NATO's illegal military attack. "For this reason China did not block Resolution 1244," Hanqin emphasized. According to this resolution, the future status of Kosovo was to be determined through an agreement reached by both sides, in a political process, but such a solution had to respect the territorial integrity of SRJ, that is, Serbia, she continued. The Chinese representative rejected claims coming from the countries which recognized Kosovo that the negotiating process had been exhausted, stressing that this could only have been ascertained by the UN Security Council, which was entitled to decide on the further measures. Hanqin also rejected statements that Kosovo's residents had a right to self-determination, explaining that such a right, under international regulations, is enjoyed only by peoples or territories of colonies or areas under foreign occupation. China also stood against claims that Kosovo's independence is now "fait accompli", because 63 countries recognized it. "The advisory opinion of the ICJ will therefore have direct influence on international law ad relations," the Chinese legal representative said, and added that her country remains committed to building a lasting peace in the Balkans through political dialogue and seeking of a compromise solution, noting that unilateral acts do not contribute to that goal. China was the first permanent member of the UN Security Council that presented its arguments in the case, and this was also the first time that this country participated in an ICJ advisory opinion hearing . All five permanent UNSC member states will address the court. Cyprus also spoke in favor of Serbia's argument that the proclamation was in violation of international law. Denmark and Croatia defended Kosovo Albanian position. Today's transcript is available here In a written contribution on 70 pages, submitted to the ICJ previously during the proceedings, Cyprus stated that Kosovo has no right to statehood, as well as that the unilateral declaration of independence, made by the province's interim institutions, was contrary to international law. Kosovo only has those rights guaranteed to it by Resolution 1244, and a right to secession is not among them, Cyprus said. The Hague Court opened the public hearing on the legitimacy of the unilateral proclamation on December 1. The participating countries will be presenting their arguments until December 11. A view of the ICJ this Monday (Tanjug)

China: Kosovo declaration violates intl. law

China reiterated its stance given in a written statement sent to the ICJ during the previous stage of the proceedings that the Kosovo Albanian proclamation was contrary to international law.

"There is no doubt that after the breakup of the Socialist Federal Republic of Yugoslavia, Kosovo was a part of the Federal Republic of Yugoslavia, that is, Serbia. Integral parts of sovereign states, under international law, do not have a right to unilateral secession… while the principle of protection of territorial integrity is a cornerstone of international legal order," Beta news agency reported China's legal representative Xue Hanqin as saying.

She added that sovereign states have a right to prevent unilateral secessions and protect their integrity, and that China also sees the unilateral proclamation as a violation of mandatory UNSC Resolution 1244, that guarantees the territorial integrity and sovereignty of the Federal Republic of Yugoslavia (SRJ).

Serbia is the successor state to the SRJ.

China rejected interpretations that the provision of the resolution that guaranteed integrity and sovereignty was "unbinding", with its legal representative telling the ICJ today that Beijing in 1999 insisted that this provision be included in the resolution, which came after NATO's illegal military attack.

"For this reason China did not block Resolution 1244," Hanqin emphasized.

According to this resolution, the future status of Kosovo was to be determined through an agreement reached by both sides, in a political process, but such a solution had to respect the territorial integrity of SRJ, that is, Serbia, she continued.

The Chinese representative rejected claims coming from the countries which recognized Kosovo that the negotiating process had been exhausted, stressing that this could only have been ascertained by the UN Security Council, which was entitled to decide on the further measures.

Hanqin also rejected statements that Kosovo's residents had a right to self-determination, explaining that such a right, under international regulations, is enjoyed only by peoples or territories of colonies or areas under foreign occupation.

China also stood against claims that Kosovo's independence is now "fait accompli", because 63 countries recognized it.

"The advisory opinion of the ICJ will therefore have direct influence on international law ad relations," the Chinese legal representative said, and added that her country remains committed to building a lasting peace in the Balkans through political dialogue and seeking of a compromise solution, noting that unilateral acts do not contribute to that goal.

China was the first permanent member of the UN Security Council that presented its arguments in the case, and this was also the first time that this country participated in an ICJ advisory opinion hearing . All five permanent UNSC member states will address the court.

Cyprus also spoke in favor of Serbia's argument that the proclamation was in violation of international law.

Denmark and Croatia defended Kosovo Albanian position.

Today's transcript is available here

In a written contribution on 70 pages, submitted to the ICJ previously during the proceedings, Cyprus stated that Kosovo has no right to statehood, as well as that the unilateral declaration of independence, made by the province's interim institutions, was contrary to international law.

Kosovo only has those rights guaranteed to it by Resolution 1244, and a right to secession is not among them, Cyprus said.

The Hague Court opened the public hearing on the legitimacy of the unilateral proclamation on December 1. The participating countries will be presenting their arguments until December 11.