Serbia wants ICJ opinion on Kosovo independence

18/08/2008

On Friday, Serbia gave the UN a draft resolution requesting the opinion of the International Court of Justice on the legality of Kosovo's declaration of independence. Belgrade still considers Kosovo its province.

By Igor Jovanovic for Southeast European Times in Belgrade – 18/08/08

Foreign Minister Vuk Jeremic speaks to the media about Serbia's intentions concerning the International Court of Justice at the UN headquarters in New York on Friday (August 15th). [Getty Images]

Serbia is seeking the opinion of The Hague-based International Court of Justice (ICJ) on the declaration of independence of Kosovo, which Belgrade still considers part of its territory. So far, 45 countries have recognised Kosovo, including the United States and the most influential EU countries, but Serbia and Russia remain opposed to its independence.

Serbian Foreign Minister Vuk Jeremic submitted a draft resolution to the UN General Assembly on Friday (August 15th), calling for the court's opinion on the legality of Kosovo's unilateral declaration of independence on February 17th.

The proposal to have the UN seek the court's opinion requires the backing of the majority of countries that participate in the vote. The General Assembly has 191 members -- if they all vote, Serbia needs the support of 96 countries. Belgrade's draft resolution could be on the agenda of the General Assembly's fall session.

Serbian officials have said that they expect the initiative to halt the wave of countries recognising Kosovo's independence. Belgrade believes that a decision by the court in its favour could also lead to the restart of status talks. Pristina officials, however, have said that no move by Belgrade can jeopardise Kosovo's independence.

The ICJ does not hand down verdicts but gives only "advisory opinions". The court lacks the ability to impose legal sanctions for the failure to adhere to rulings. However, its decisions have significant ethical power.

Requesting the opinion of the ICJ could be dangerous for Belgrade if the court decides that Pristina legally declared its independence, even though it did not win support in the UN Security Council.

"Since we are asking for the court's opinion and we believe in international institutions, including the ICJ, we will respect any decision it makes," Jeremic said, adding that it would be immoral for Serbia to disregard the court's opinion, whatever it may be.

Jeremic also said that he did not expect the West to put much pressure on Belgrade to drop the initiative but that they will certainly lobby within the UN to have the Serbian proposal rejected.

However, some pressure is already being put on Belgrade. French Foreign Minister Bernard Kouchner said in late July that Belgrade's move was "surprising", especially with Serbia's EU membership aspirations. "If that court were to declare [Kosovo's independence] illegal, it would be unusual that Serbia would want to join illegality. There is some contradiction there," Kouchner said.