SERBIA/KOSOVO: International Court of Justice (ICJ) expected to soon issue opinion on the legality of Kosovo's independence

Record ID: 731087

  • Title: SERBIA/KOSOVO: International Court of Justice (ICJ) expected to soon issue opinion on the legality of Kosovo's independence
  • Date: 21st July 2010
  • Summary: THE HAGUE, THE NETHERLANDS (FILE) (REUTERS) VARIOUS EXTERIOR OF INTERNATIONAL COURT OF JUSTICE INTERIOR INTERNATIONAL COURT OF JUSTICE
  • Embargoed: 5th August 2010 13:00
  • Keywords:
  • Topics: Legal System,International Relations
  • Reuters ID: LVA101CA4WS1GFC75CQVK1DA442X
  • Story Text: An international court ruling on Kosovo's independence this week could prompt talks vital to future European Union membership, or further cloud a dispute with roots dating back to the Middle Ages.
    When ethnic Albanian-dominated Kosovo, which most Serbs see as the Jerusalem of their Orthodox religion, declared independence in 2008, Belgrade asked the International Court of Justice (ICJ) to rule whether the action broke global law.
    The International court of justice will announce its opinion on Thursday (July 22).
    Now both Serbia and Kosovo hope to get a boost for their policies from the ruling, but whatever the final outcome, they are likely to remain stuck in domestic posturing, without a clear strategy on how to settle relations, analysts say.
    Kosovo is looking for more recognition that will secure United Nations membership while Serbia wants to renew negotiations on the status of its former province -- a process that could put its EU membership on hold.
    "I hope that Serbia will finally recognize that Kosovo is a fact, Kosovo is a state recognized by so many countries around the world, and more countries will recognize it. We are not seeking recognition by Serbia, we are seeking recognition on the part of Serbia of the facts and the facts are that Kosovo is a country recognized by so many countries around the world formally, and Kosovo will become a member of international community at all levels. Without a formal recognition Serbia should at least work with Kosovo on issues of mutual concern," Skender Hyseni, Kosovo foreign minister told Reuters TV.
    The dispute hinders EU prospects for countries that both need to reassure wary investors and get desperately needed foreign funds to alleviate poverty and popular frustration.
    Serbia lost control over Kosovo in 1999 when NATO bombed to halt killing of ethnic Albanians in a two-year counter-insurgency war. Nine years later, the Albanian majority, backed by the United States and most EU member states, declared independence which Belgrade pledged never to accept.
    "Both ancient and recent history of the western Balkans tells us that you can not see border changes in this part of the world without conflict, without trouble," Skender Hyseni, Kosovo foreign minister added.
    Since the ICJ opinion is only advisory, EU diplomats will use the legal conclusions to prod better Belgrade-Pristina ties, without which future integration will be blocked.
    "There are a lot of countries that have been waiting for the ICJ opinion before making a decision about recognizing and some number of those countries will likely proceed once the opinion is been delivered with a decision, and that decision will be to recognize," Marko Prelec, Director for Balkans at Crises Group said.
    Talking about Serbia's aspirations, Marko Prelec said that Serbia might try to get some territorial exchange.
    "Serbia's preference I think is quite clearly for some kind of territorial exchange between the North and Presevo valley," Prelec added.
    He was refereeing to the situation in the divided town of Mitrovica in north of Kosovo where tension has remained high since the Albanian majority proclaimed independence from Serbia in February 2008, nine years after NATO bombed Serb forces to halt the killing of civilians in the two-year counter-insurgency war.
    A source close to Brussels said EU ministers did not debate Serbia's candidacy in June, waiting instead to see progress in relations with Kosovo. The EU has told some of its diplomats to delay summer vacation plans to begin lobbying Serbia and Kosovo immediately after the ICJ ruling.
    Serbia hopes the ICJ decision, followed by a United Nations resolution, can bolster its claim on the Balkans smallest country geographically and one of Europe's poorest corners.
    Kosovo is seeking to end its partial diplomatic isolation In recent days, Serb officials -- anxious to continue remaking the country's 1990s image when it was a global pariah over its role in the Balkan wars -- have said they are open to compromise but remain vague on details.
    "On Thursday, we are going to know, if in the future the borders of UN members states are going to be safe, from secessionist ambitions in other words, we gonna know if the unilateral declaration of secession is a legal norm in resolving the international territorial disputes ,disputes anywhere in the world," Vuk Jeremic, Serbian foreign minister said to Reuters TV.
    Serbia hopes that after the ICJ ruling, new talks on status of Kosovo would be possible.
    "Once the general Assembly debates and concludes on ruling of ICJ, the path is going to be opened for real negotiations on Kosovo future to take place. We believe that compromise solution for a future status of Kosovo is needed in order to provide for lasting, sustainable peace and stability in the Balkans and such solution can only be found through new negotiations, so, on Thursday is a big day for International legal order." Vuk Jeremic, Serbian foreign minister added.
    Kosovo, which promotes itself as "The Young Europeans" because of their high birth rate and 30,000 young people entering the job market every year, also badly needs an economic boost, as nearly half of its workers are unemployed.
    Its northern border, the shortest route to the EU market, is blocked as Serbia does not allow goods and vehicles from Kosovo on its territory. Serbian officials typically boycott meetings attended by Kosovo representatives, and supporting Kosovo compromise is seen as political suicide for Serbian politicians.
    For Dusan Janjic, political analysts from Belgrade, this was just a time-out for both sides to prepare next moves, but it seems that now Washington and Brussels talk in one, single voice.
    "Everybody knew that this was sort of time-out , but what we are going to see just day after, who was prepared better during this time-out. It's very difficult to speculate, but I think that the side with Kosovo and sponsors of independence are much more ready. In the last two months, I think, it seems that some sort of unity was reached between Washington and Brussels, and the rule in Balkans crisis is, when Brussels and Washington are talking in single voice, that they have huge advantage, even we can see, that all EU countries, apart form Cyprus, will follow this single voice." Dusan Janjic, political analysts said.
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