28 July 2010.

The Serbian mission with the UN has filed a resolution to the UN General Assembly proposing a conclusion regarding the opinion of counsel of the ICJ, the Serbian Foreign Ministry announced. As the ICJ did not confirm that Kosovo Albanians were entitled to secede from Serbia, the Resolution states that secession is not an acceptable method of resolving territorial issues. The Resolution includes a call for dialogue aimed at reaching a mutually acceptable solution to all the open-ended issues. The announcement reads that Serbian Foreign Minister Vuk Jeremic has left for New York today.With reference to item 77 of the agenda of the 64th sitting of the UN General Assembly on the request for the ICJ to give an opinion of counsel if the unilateral proclamation of independence of Kosovo is in line with the international law, the Resolution proposes that the General Assembly, guided by principles contained in the UN Charter and bearing in mind its offices and authorizations on the basis of the UN Charter, aware that no agreement has been reached between the sides on the consequences of the unilateral proclamation of independence of Kosovo of Serbia and taking account of the fact that unilateral secession cannot be an acceptable way of resolving territorial issues, should call on the sides to find a mutually acceptable solution to all the open-ended issues through peaceful dialogue, in the interest of peace, security and cooperation in the region and to decide to include in the provisional agenda of the 66th sitting an item on further activities after the enactment of an opinion of counsel of the ICJ if the unilateral proclamation of independenc of Kosovo is in line with the international law.

July 24, 2010

The Serbian government has adopted a report of the state legal team concluding that the ICJ did not answer the essential question, but that it did not legalize ethnically motivated secession. Serbia did not obtain assistance from the ICJ at the moment when the international law was threatened to its detriment. More by Jelica Tapuskovic.
Serbian PM Mirko Cvetković told a press conference, after an extraordinary session on Friday, that the government adheres to the preservation of sovereignty and territorial integrity of Serbia, with the use of all diplomatic and legal means. He said the government had confirmed all its previous decisions based on parliamentary ones and added Serbia would be defending its stands in the UN. The government will propose to the Parliament the adoption of a political act to enable unity of all the political factors in the preservation of the territorial integrity of Serbia. It was decided that Serbia should file with the UN General Assembly a resolution aimed at resolving the Kosmet issue in a mutually acceptable manner, through talks. The PM said the opinion had not closed a door for Serbia’s foreign policy activities aimed at the preservation of its sovereignty and territorial integrity. The UN General Assembly has wide authorities to discuss this issue and to continue an international regime in Kosmet, established by Resolution 1244. Only through dialogue can permanent peace and stability in these regions be attained, he said.
Serbian Foreign Minister Vuk Jeremić said that in the forthcoming period Serbia’s diplomatic activity would be very intensive. Talks will be held at ministerial and other levels with officials of many countries, not only with a view to obtaining support at the UN General Assembly, but also at preventing countries that have not recognized Kosovo from doing so now. At a special meeting of the Coordination Bureau of the Non-Aligned Movement, next week in New York, he would ask for assistance in this diplomatic battle. He said he expected the UN General Assembly to conclude at a sitting in September that the unilateral attempt at secession brought no statehood to Kosovo Albanians and that a solution to the southern Serbian province could be reached only through negotiations. He also said that a differently formulated question to the ICJ would not bring a different answer and could bring even more risk of an unfavourable reply for Serbia.
Interior Minister Ivica Dacic said the current situation in southern Serbia was safe and peaceful, while the situation in Kosmet is complex, so the international community is obliged to preserve peace and also to protect people there, especially non-Albanians, who are the most threatened. There will be no permanent solution in the Balkans if it is not a fair one and it is time now to pose an essential question – what does the international community actually want from Serbia?
The press conference was attended by the ministers for diaspora, Kosovo-Metohija and NIP and by the leader of the Serbian legal team.

23 July 2010.

The decision of the ICJ is difficult for Serbia, but Serbia will continue defending its territorial integrity with political means, Serbian President Boris Tadic told a press conference on the announcement of the court’s opinion of counsel on the issue of legality of the declaration of independence of Kosovo. The only sustainable solution is a solution acceptable for all, he said. More from Biljana Blanuša.

It is clear the court did not make a point on the issue of secession, but on the technical content of the declaration, he said. The court avoided discussing the essential issue and and left for the UN General Assembly to discuss all political implications, he said.

Serbia will never recognize independence of Kosovo, as it believes a unilateral and ethnically motivated secession is not line with UN principles. If such a decision is observed in the light as it is presented in Pristina now, it will undoubtedly have political implications on secessionist movements worldwide, he said.

However, such an opinion opens up a possibility for Serbia to fight for its policy in the UN General Assembly in autumn, through the adoption of a resolution to call for negotiations on this historic problem and conflict, he said. In the forthcoming days, all the state authorities will be analyzing the decision of the ICJ and discuss further measures. Serbia will invest efforts to prevent any further recognitions of Kosovo, although it will be under big pressure. During the weekend the President’s personal message to heads of 55 states will be presented.

Battle for a compromise-based solution will be difficult and long, but we will not give it up. It is important to preserve peace and stability in Kosmet and not to respond to provocations. Serbia will continue its diplomatic battle for the preservation of its sovereignty and territorial integrity and we must resolute and united, as this is not an everyday political issue, but our national assignment of supreme significance for all the citizens, state institutions and political parties, said Tadic. 

23 July 2010.

Official Belgrade does not regard ICJ's opinion as a defeat of Serbia and says it will remain consistent in the defence of its national and state interests by peaceful and diplomatic means. Serbian analysts, however, believe the announcement will influence future relations in the world to a large extent, as it opens up a possibility of the domino effect of separatism to become infiltrated in international relations. Ivana Subasic has more.

Former ambassador in Paris and a professor of the Faculty of Political Sciences, Predrag Simić, told our radio that, after the announcement of the opinion of the ICJ, the international law has entered a new stage in international relations. The decision will produce consequences not only for Serbia, but for the region as a whole and for numerous similar situations worldwide, resulting in a considerable increase of new UN member-states. The authority of the UN has been seriously called in question with such a decision. On the other hand, the process of resolving the Kosovo issue has been returned from the legal to the political field, as the main debate is to ensue in September, when the annual sitting of the UN General Assembly begins. Before that, however, it is necessary to wait for the conclusion of the EU at a summit on July 26 – we should see if the opinion of counsel will influence the stand of the five EU states that have not recognized Kosovo.

According to international law professor Vojin Dimitrijević, many separatist movements will be encouraged with the assessment of this court. The court has avoided making a point on matters entailing opposing stands and did not say what is stronger of the two – self-determination or territorial integrity and has not even declared criteria of self-determination. As for Serbia's positions, they will depend on resolutions by the UN General Assembly.

According to political analyst Sasa Gajic, the ICJ opinion is a disputable conclusion reflecting a strong political influence on this court. The opinion is not based on compromise, but is vague. In a formal interpretation of the declaration of independence in terms of Resolution 1244, the court actually avoided speaking of the key issue and to discuss Serbia's request in a wider context of international law and practice. It is clear that the international law supports the sovereignty of states, so we can talk here about political influence. The world is entering a new phase in international relations, as a domino effect of separatism can be produced worldwide.

Serbs from northern Kosmet are disappointed with the court's opinion, but say it will not influence their life, a journalist from Kosovska Mitrovica, Snežana Milošević, tells our radio. After the announcement, a meeting was held in the central town squre Šumadija and the head of the Kosovska Mitrovica District, Radenko Nedeljković, spoke to the gathered people, saying a diplomatic battle was ahead and national unity was required. We do not have another state, so we must build a future together with Belgrade in these regions. The situation in Kosovska Mitrovica is peaceful, but EULEX police members closed down the main bridge on the river Ibar for traffic. This bridge separates the northern and southern part of the town.

22 July 2010.

The International Court of Justice has opted for a compromise-based solution by announcing that the declaration of independence of Kosovo does not infringe upon the international law. Thus they did not recognize the right of Kosovo Albanians to secession and left the decision on the further process of resolving this issue to the UN General Assembly. More by Sandra Pekić.

The court announced its opinion of counsel on the following question – if the unilateral declaration of provisional self-ruling institutions in Kosovo on independence of 17 February 2008 was in line with the international law? The question was posed by the UN General Assembly in October 2008, at the initiative of Serbia, whose stand is that this declaration damaged the foundations of international legal order. The court, however, did not opt for a direct answer – they said the declaration did not infringe on the international law, as this law does not ban such declaration. The court specified they did not discuss a right to self-determination or secession.

International legal norms do not contain any provision limiting declarations on independence, so we may conclude this declaration does not breach international legal norms, the opinion of counsel reads. 

The opinion was announced by 15 judges, 9 of whom come from states that have recognized independence of Kosovo, the presiding judge, Hisashi Ovada of Japan, being one of them. He said ten judges voted that the declaration did not breach international legal norms, while four were against. He said that the court had not been guided by political motives in decision-making nor it should deal with the issue of consequences and the question if Kosovo has reached statehood. 
He said that on 10 June 1999, the Security Council enacted resolution 1244, whcih allowed the establishment of international military presence and a civilian mission. The Resolution established a legal framework and the Council received from UNMIK periodical reports on the situation in Kosovo. From 2000 to 2008, 29 SC sessions on the situation in Kosovo were held.

Serbian Foreign Minister Vuk Jeremić and the Serbian legal team attended the announcement and so did more than 300 diplomats, state officials and journalists. Kosovo foreign minister Skender Hiseni as well was in The Hague.

Announcing its opinion, the ICJ stayed within its mandate, which implies they deal with interstate disputes, and the fact that the international law neither recognizes nor bans the right of secession. This issue has thus been returned to the UN General Assembly and Serbia is provided with an opportunity to confirm its policy in the UN in autumn.

During the debate in The Hague, which lasted from December 1 to 11, 2009, 14 countries, including Pristina authorities, assessed the declaration as legal, while 12 countries and Serbia assessed it as illegal. The debate at the ICJ was a unique event in its 60 years’ long history, in terms of the number of countries that took part, as 36 countries submitted their written opinions to the court, and also due to the fact that all the permanent members of the SC, including, for the first time, China, took part in the debate.