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UN Court Says Kosovo Independence Legal
Last updated (GMT/UTC): 22.07.2010 16:49
By RFE/RL
The highest United Nations court has ruled that Kosovo's 2008 declaration of independence from Serbia was legal.
Serbia filed the case with the International Court Of Justice (ICJ) in 2009, saying that the declaration by Kosovo's ethnic Albanian leadership was a "flagrant violation" of Serbia's territorial integrity.
Legal experts say the ruling could have powerful implications in other regions with separatist movements. It could also lead to more countries recognizing Kosovo.
ICJ President Hisashi Owada said the declaration did not violate international law or the 1999 United Nations resolution that placed Kosovo under interim UN administration.
"The court has concluded above that the adoption of the declaration of independence of the 17th of February, 2008 did not violate general international law, Security Council Resolution 1244, or the constitutional framework," Owada said in a live broadcast of the ruling.
"Consequently, the adoption of that declaration did not violate any applicable rule of international law."
'National Birthplace'
Serbs consider Kosovo to be the birthplace of their national identity. But Belgrade lost control of the territory in 1999 when a NATO bombing campaign brought an end to a war between Serbian forces and ethnic Albanian separatists in Kosovo.
UN Security Council Resolution 1244 set up a temporary UN administration for Kosovo. Although the United Nations Interim Administration Mission in Kosovo -- or UNMIK -- still exists, it has had a minor role since 2008.
On February 17, 2008, Kosovo's newly elected ethnic Albanian lawmakers and president issued their unilateral declaration of independence -- a move contested by Belgrade as a violation of international law and of Serbia's territorial integrity.
Kosovo's independence has been recognized by 69 countries -- including the United States and many European Union member states.
But a diplomatic campaign by Serbia -- supported by Russia and China -- led other countries to hold off recognition.
The ICJ heard arguments from nearly 30 nations since Serbia asked the court to rule on whether the declaration of independence was "in accordance with international law."
China, Russia, and Spain -- which face separatist movements within their own territory -- argued against the legality of the move while the United States led those in support of the declaration.
James Ker-Lindsay, a professor at the London School of Economics, said the ruling is important despite the fact that it is nonbinding.
"Although everyone says it is an advisory opinion, you can't just say that it doesn't matter. It has tremendous significance. This is a principle organ of the United Nations," Ker-Lindsay said.
Other experts say they expect today's opinion to lead more countries -- in the European Union and elsewhere in the world -- to recognize Kosovo's independence.
U.S. Reaction
The United States issued a quick reaction to the ruling, which praised the UN court for validating Kosovo's declaration of independence and asked European nations to "unite" behind it.
U.S. Vice President Joe Biden also called Serbian President Tadic on July 22 prior to the ruling. According to a White House press release, Biden "affirmed the United States’ full support for a democratic and multi-ethnic Kosovo, and he reiterated the United States’ unwavering commitment to Kosovo’s sovereignty and territorial integrity."
The vice president also "urged the Serbian government to work constructively to resolve practical issues with Kosovo to improve the lives of the people of Kosovo, Serbia, and of the region" and "affirmed the strong and deep ties between the United States and Serbia."
But speaking to reporters at the Hague after the decision, Serbian Foreign Minister Vuk Jeremic said Belgrade's position remains the same -- that the only future status of Kosovo that can be long-lasting, sustainable, and peaceful is one that is achieved through peaceful negotiations.
"Serbia will never under any circumstances recognize the unilateral declaration of independence of the so-called Republic of Kosovo. Our position is not going to change, and I am confident that the position of all the major players in the international community is not going to change either as a result of this very narrow, technical ruling on this matter," Jeremic said.
Jeremic added that he thinks the decision now puts all borders at risk because it encourages other secessionist movements in the Balkans and around the world.
"I believe that from now on there are going to be people in the world tempted to write declarations of independence that are, obviously, according to the court, in their narrow sense, OK with international law. But once again, the right to secession was not considered in the courtroom today," Jeremic said.
Serbian President Boris Tadic said on July 21 that he expected the UN court to respect international law. But he also indicated that a ruling against Serbia would not change Belgrade's position.
Speaking on July 20 at the Washington-based U.S. Institute for Peace, Kosovo's ethnic Albanian Prime Minister Hashim Thaci predicted that Belgrade's reaction to a ruling in favor of Kosovo could have destabilizing effects on the Balkans.
Serbian Foreign Minister Jeremic repeated Serbia's willingness to join negotiations on Kosovo's final status -- insisting that Belgrade's policy is "set on a peaceful, diplomatic, and political struggle to maintain the sovereignty and territorial integrity" of Serbia.
But Thaci already has rejected the idea of negotiations -- saying the deadline for such talks under UN Security Council Resolution 1244 had expired and that no ruling by the UN court would bring his administration to talks with Belgrade over the status of Kosovo.
RFE/RL's Balkan Service contributed to this report
Copyright (c) 2010. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036.
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