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KOSOVO'S INDEPENDENCE IS LEGAL, UN COURT RULES
Peter Beaumont
guardian.co.uk
Thursday 22 July 2010 15.39 BST
Decision in favour of Kosovo's independence could have far-reaching
implications for other separatist movements
Albanians ride past a banner that reads "Free Kosovo" in Tirana.
Photograph: Hektor Pustina/AP
Kosovo's unilateral declaration of independence from Serbia in February
2008 did not violate international law, the international court of
justice (ICJ) said today in a groundbreaking ruling that could have
far-reaching implications for separatist movements around the world,
as well as for Belgrade's stalled EU membership talks.
The long-awaited ruling - which the court took up after a complaint
to the UN from Serbia - is now likely to lead to more countries
recognising Kosovo's independence and move Pristina closer to entry
into the UN. At present, Kosovo's statehood is backed by 69 countries
but it requires more than 100 before it can join the UN.
Announcing the decision, the court of justice president, Hisashi Owada,
said international law contains no "prohibition on declarations of
independence".
Although both Belgrade and Pristina had said they were confident of
a ruling in their favour, speculation began to emerge a few hours
before today's announcement in the Hague that the decision - which
is not legally binding - had gone Kosovo's way.
Prior to the judgment, the US vice-president, Joe Biden, had made
it clear that the US would not contemplate a retreat from Kosovo's
newly independent status.
Key considerations that the UN's top court examined - arising out of
dozens of submissions by UN member states as well as by Kosovo's own
leadership - have focused on issues of sovereignty, the slim volume
of precedent in international law, and how formerly large states such
as the USSR broke up along administrative borders.
Serbia has continued to demand Kosovo be returned, arguing it has been
the cradle of their civilisation and national identity since 1389,
when a Christian army led by Serbian prince Lazar lost an epic battle
to invading Ottoman forces.
The ruling is expected to have profound ramifications on the wider
international stage, bolstering demands for recognition by territories
as diverse as Northern Cyprus, Somaliland, Nagorno-Karabakh, South
Ossetia, Abkhazia and Transnistria.
The ICJ's ruling is not, however, expected to have an immediate
impact on the situation on the ground in Kosovo, where a small area
with a Serb majority has itself split away around the north of the
town of Mitrovica, which has about 100,000 residents. That deadlock
has sometimes erupted into violence, despite intense international
efforts, with Serbs and Kosovans running their own areas.
Kosovo sparked sharp debate worldwide when it seceded from Serbia
in 2008, following the bloody 1998-99 war and almost a decade
of international administration. The 1998-99 war, triggered by a
brutal crackdown by Serb forces against Kosovo's separatist ethnic
Albanians, left about 10,000 ethnic Albanians dead before ending
after a 78-day Nato bombing campaign. Hundreds of Serbs were also
killed in retaliatory attacks.
Today's ruling will reinforce Kosovo's resistance to any kind of
renegotiation - particularly over the status of the Serb majority
areas in the north.
Kosovo's foreign minister, Skender Hyseni, said before the ruling
that reopening negotiations was "inconceivable".
Speaking yesterday, the Serbian foreign minister, Vuk Jeremic, had
warned that even in the event of a ruling against it, Belgrade would
not be ready to give up its claim on Kosovo.
"Serbia will not change its position regarding Kosovo's unilateral
declaration of independence and necessity of a compromise," he said.
"Our fight for such a solution will probably be long and difficult,
but we will not give up."
Jeremic, who was in The Hague for the ruling, had said earlier that
he expected the decision to vindicate Serbia, which would lead to
new negotiations on both sides.
A US state department legal adviser, Harold Koh, said: "Serbia seeks an
opinion by this court that would turn back time ... [and] undermine
the progress and stability that Kosovo's declaration has brought
to the region."Leading the other side of the argument is Serbia's
traditional ally Russia, which has fought against its own separatist
movement in Chechnya. Moscow has demanded Kosovo's independence be
annulled, and last year was joined in its opposition by Spain and
China, each also facing major secessionist movements.
From: A. Papazian
Peter Beaumont
guardian.co.uk
Thursday 22 July 2010 15.39 BST
Decision in favour of Kosovo's independence could have far-reaching
implications for other separatist movements
Albanians ride past a banner that reads "Free Kosovo" in Tirana.
Photograph: Hektor Pustina/AP
Kosovo's unilateral declaration of independence from Serbia in February
2008 did not violate international law, the international court of
justice (ICJ) said today in a groundbreaking ruling that could have
far-reaching implications for separatist movements around the world,
as well as for Belgrade's stalled EU membership talks.
The long-awaited ruling - which the court took up after a complaint
to the UN from Serbia - is now likely to lead to more countries
recognising Kosovo's independence and move Pristina closer to entry
into the UN. At present, Kosovo's statehood is backed by 69 countries
but it requires more than 100 before it can join the UN.
Announcing the decision, the court of justice president, Hisashi Owada,
said international law contains no "prohibition on declarations of
independence".
Although both Belgrade and Pristina had said they were confident of
a ruling in their favour, speculation began to emerge a few hours
before today's announcement in the Hague that the decision - which
is not legally binding - had gone Kosovo's way.
Prior to the judgment, the US vice-president, Joe Biden, had made
it clear that the US would not contemplate a retreat from Kosovo's
newly independent status.
Key considerations that the UN's top court examined - arising out of
dozens of submissions by UN member states as well as by Kosovo's own
leadership - have focused on issues of sovereignty, the slim volume
of precedent in international law, and how formerly large states such
as the USSR broke up along administrative borders.
Serbia has continued to demand Kosovo be returned, arguing it has been
the cradle of their civilisation and national identity since 1389,
when a Christian army led by Serbian prince Lazar lost an epic battle
to invading Ottoman forces.
The ruling is expected to have profound ramifications on the wider
international stage, bolstering demands for recognition by territories
as diverse as Northern Cyprus, Somaliland, Nagorno-Karabakh, South
Ossetia, Abkhazia and Transnistria.
The ICJ's ruling is not, however, expected to have an immediate
impact on the situation on the ground in Kosovo, where a small area
with a Serb majority has itself split away around the north of the
town of Mitrovica, which has about 100,000 residents. That deadlock
has sometimes erupted into violence, despite intense international
efforts, with Serbs and Kosovans running their own areas.
Kosovo sparked sharp debate worldwide when it seceded from Serbia
in 2008, following the bloody 1998-99 war and almost a decade
of international administration. The 1998-99 war, triggered by a
brutal crackdown by Serb forces against Kosovo's separatist ethnic
Albanians, left about 10,000 ethnic Albanians dead before ending
after a 78-day Nato bombing campaign. Hundreds of Serbs were also
killed in retaliatory attacks.
Today's ruling will reinforce Kosovo's resistance to any kind of
renegotiation - particularly over the status of the Serb majority
areas in the north.
Kosovo's foreign minister, Skender Hyseni, said before the ruling
that reopening negotiations was "inconceivable".
Speaking yesterday, the Serbian foreign minister, Vuk Jeremic, had
warned that even in the event of a ruling against it, Belgrade would
not be ready to give up its claim on Kosovo.
"Serbia will not change its position regarding Kosovo's unilateral
declaration of independence and necessity of a compromise," he said.
"Our fight for such a solution will probably be long and difficult,
but we will not give up."
Jeremic, who was in The Hague for the ruling, had said earlier that
he expected the decision to vindicate Serbia, which would lead to
new negotiations on both sides.
A US state department legal adviser, Harold Koh, said: "Serbia seeks an
opinion by this court that would turn back time ... [and] undermine
the progress and stability that Kosovo's declaration has brought
to the region."Leading the other side of the argument is Serbia's
traditional ally Russia, which has fought against its own separatist
movement in Chechnya. Moscow has demanded Kosovo's independence be
annulled, and last year was joined in its opposition by Spain and
China, each also facing major secessionist movements.
From: A. Papazian