Kosovo, Serbia present arguments before ICJ

02/12/2009

The legality of Kosovo's nearly two-year-old independence from Serbia was debated at The Hague on Tuesday.

By Linda Karadaku and Igor Jovanovic for Southeast European Times in Pristina and Belgrade -- 02/12/09

The International Court of Justice will hear arguments through next week in the case. [ICJ]

Delegations from Kosovo and Serbia took the stage at the International Court of Justice (ICJ) at The Hague on Tuesday (December 1st), presenting their arguments for and against the legality of Kosovo's February 17th 2008 declaration of independence. The Kosovo delegation is headed by Foreign Minister Skender Hyseni, while Foreign Minister Vuk Jeremic takes the reins for the Serbian side.

Belgrade's presentation was based on the claim that Kosovo's declaration of independence was a violation of international law. The Serbian side will try to prove that the declaration sidestepped UN Security Council Resolution 1244, which stipulates that any solution for the status of Kosovo must also be approved by the council.

Serbian Ambassador to Paris Dusan Batakovic, part of the delegation, said the "unilateral declaration of independence" of Kosovo challenged the UN and its authority.

The delegation urged the court to issue its opinion solely on international law, independent from the influence of certain states.

"Kosovo represents Serbian history and a cradle of its statehood and one of the key foundations of its identity," Jeremic said during the presentation, which lasted several hours.

Speaking to Reuters, he said that this was the "first time in history" that Serbia sought to resolve the issue of a province declaring autonomy peacefully in a court of law.

"Today was a good day for the Balkans," Jeremic said.

Hyseni, who presented his country's stance after Serbia, said Kosovo is functioning as an independent republic with a constitution and elections. He said last month's municipal vote was "an important test" for his country, and he expects the court to take them into consideration as a measure of progress.

"Kosovo's independence is irreversible and that will remain the case, not only for the sake of Kosovo, but also for the sake of sustainable regional peace and security," he told the court.

"We are sure that the world, and in this case the International Court of Justice as well, will know how to appreciate the achievements in Kosovo after the proclamation of independence," Hyseni told the Kosovo Daily Express. "We have solid trust in the impartiality of the International Court of Justice."

After the three-hour Serb presentation, Hyseni spoke with Radio Television of Serbia. "We did not hear anything new. We are certain the court will confirm the will of Kosovo's people to be independent and free," he said.

According to Kosovo daily Koha Ditore, the panel of 15 judges hearing the case include eight from countries that have recognised Kosovo -- the US, UK, France, Germany, Japan, Jordan, Sierra Leone and New Zealand -- and seven from those that have not -- Russia, China, Slovakia, Mexico, Morocco, Brazil and Somalia.

To date, 63 of 192 member states of the UN and 22 of the 27 members of the EU have recognised Kosovo as a legitimate, independent nation.

The hearings will include opinions from 29 nations, including Russia -- a close ally of Serbia; and the United States, which immediately recognised Kosovo. Arguments are expected to be heard through December 11th.

While the ICJ's decision will not be binding, it is expected to have an impact on recognition of the fledgling Kosovo state around the world.