ICJ: Kosovo independence legal

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Netko
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ICJ: Kosovo independence legal

Post by Netko »

BBC wrote:Kosovo's declaration of independence from Serbia in 2008 did not violate international law, top UN judges have ruled in a non-binding decision.

The International Court of Justice rejected Serbian claims that secession violated its territorial integrity.

Kosovo officials said all doubt about its status had been removed, but Serbia's foreign minister said Belgrade would never recognise the secession.

The US and many EU countries support independence; Russia is opposed.

Addressing the court in The Hague, ICJ president Hisashi Owada said international law contained "no applicable prohibition" of Kosovo's declaration of independence.

"Accordingly, [the court] concludes that the declaration of independence on 17 February 2008 did not violate general international law," he said.

Ten of the ICJ's judges supported the opinion; four opposed it.

The BBC's Mark Lowen in Belgrade says other nations with secessionist challenges in their own backyards are likely to interpret the ruling with concern.

Reacting to the ICJ ruling, Kosovo President Fatmir Sejdiu called for wider international recognition for his state.

"The decision finally removes all doubts that countries which still do not recognise the republic of Kosovo could have," the news agency AFP quoted Mr Sejdiu as saying.

The US also welcomed the ruling and urged European nations to unite behind it.

But Serbian Foreign Minister Vuk Jeremic said Belgrade's position had not changed.

"Serbia will never, under any circumstances recognise the unilateral declaration of independence of the so-called Republic of Kosovo," he told reporters after the hearing.

Earlier, the commander of the Nato-led peacekeeping force in Kosovo said its 10,000 troops were ready for any violence sparked by the ruling.

"On the field we don't have indications about nervousness, about any upcoming threat," said German Gen Markus Bentler of the Kosovo Protection force, K-for.
Sovereignty challenged

Serbian troops were driven out of Kosovo in 1999 after a Nato bombing campaign aimed at halting the violent repression of the province's ethnic Albanians, who constituted 90% of its two million population.

Kosovo was then administered by the UN until February 2008, when its parliament voted to declare independence.
map

So far 69 of the UN's 192 countries have recognised Kosovo as independent - they include the US, UK, neighbouring Albania and Croatia.

Those opposed include Russia, China and Bosnia.

At the start of the deliberations last December, Serbia's representatives argued that the move both challenged its sovereignty and undermined international law.

Kosovo's representatives warned that any attempt to reverse its independence might spark further conflict.

Although non-binding, the court's ruling is likely to provide a framework for diplomats to try to establish a working relationship between Serbia and Kosovo.

The dispute remains an obstacle to Serbia's hopes of joining the EU, and has hindered Kosovo's ability to attract foreign investment. Parts of northern Kosovo also remain tensely divided between ethnic Albanians and Serbs, and clashes occasionally erupt.
So, what now? :P

More seriously, ignoring for a moment the legal implications in other situations, this is a great opportunity (read: cover) for Serbia to acknowledge the facts on the ground which aren't going to change however much some people would want them to. Unfortunately, it doesn't seem like they're heading in that direction; Jeremić might be an attack dog that always goes hardline on this issue, but he must have at least passive support from the major players to come out with that statement. Pity - the stability of that situation getting resolved would be welcome regionally, and it would create a clear path for Serbia to the EU eventually (although, the EU, Merkel primarily, is stating that there will be a pause after Croatia and Iceland to "consolidate" so the impetus to clear their path might be lessened right now).

While I'd dearly love to read the opinion itself to see the exact reasoning (and which judges voted which way), it wouldn't be hard for Serbs to assign this ruling to western imperialism - aside from their natural inclinations, Russia and China did pretty vehermently support Serbia's position during the depositions, while the US (and its allies) supported Kosovo, with few surprises (Spain). So it isn't hard to take a clash of major powers viewpoint if you're inclined that way. What, if anything, will that lead to?

The real question becomes what this opinion does to opposition from European (Spain primarily) and World powers (Russia, China) - is Kosovo going to remain a practically independent nation but internationally excluded like Taiwan, or are the major players not supporting independence going to use this for cover to normalise their relations towards it?

The decision (as it would have as well if it had gone in the other direction) certainly opens up some interesting questions for the next period of time.

P.S. I tried getting a link to the actual opinion so that those so inclined could look at it themselves, but the ICJ site appears to be down at the moment. If anyone spots it in the wild, I'd appreciate a link - I'm really curious on the reasoning and the opposing opinions.

P.P.S. Bonus points time - How does this impact that other nasty situation in the neighbourhood, that is the question of Republika Srpska?
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Re: ICJ: Kosovo independence legal

Post by Fingolfin_Noldor »

What were the reasons given for this ruling?

Taken at face value, the next time a DPP government comes into power, we could have Taiwan declare independence. Then we have war.
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Re: ICJ: Kosovo independence legal

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Fingolfin_Noldor wrote:Taken at face value, the next time a DPP government comes into power, we could have Taiwan declare independence. Then we have war.
They can do that anyway. It's not like the Taiwanese need permission from the ICJ if they really wanted to force the issue and declare their independence. Like the Court declared, international law contains "no applicable prohibition" against secession.

Of course, I rather doubt it contains any "applicable prohibition" against a given state smacking down the secessionists either and forcibly reincorporating the seceding territory. The Kosovars are just lucky they have NATO watching their backs, because it's pretty obvious that given half a chance that's just what the Serbs would do.
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Netko
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Re: ICJ: Kosovo independence legal

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Finally managed to get through on the ICJ site. Here's a link to the decision:
http://www.icj-cij.org/docket/files/141 ... 3297f95e56

I'm going to go read it now.
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K. A. Pital
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Re: ICJ: Kosovo independence legal

Post by K. A. Pital »

Russia probably wouldn't give a damn.
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Re: ICJ: Kosovo independence legal

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Stas Bush wrote:Russia probably wouldn't give a damn.
Doesn't this ruling strengthen the case for Abkhazia (sp) and Ossetia's independance?
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Re: ICJ: Kosovo independence legal

Post by K. A. Pital »

[R_H] wrote:
Stas Bush wrote:Russia probably wouldn't give a damn.
Doesn't this ruling strengthen the case for Abkhazia (sp) and Ossetia's independance?
It does, but why should Russia accept Kosovo's independence, if Abkhazia and Ossetia remain mostly unrecognized?

In any case, those who accepted it already accepted Kosovo as independent. Those who didn't, still wouldn't. Spain, China, Russia, Romania, etc.
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Re: ICJ: Kosovo independence legal

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Yeah, this ruling is basicly just rubber-stamping what was already known.

I mean, what would have happened if the court came to the opposite decision? Nothing.
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Re: ICJ: Kosovo independence legal

Post by Psychic_Sandwich »

P.P.S. Bonus points time - How does this impact that other nasty situation in the neighbourhood, that is the question of Republika Srpska?
As far as I know, everybody involved in that that isn't RS has said that it's not happening, and Serbia's kept it's hands off the entire issue (sensibly, I might add), although I can't imagine they'd be all weepy about it if RS did actually manage to break away.

The other thing this ruling might have an effect on is the majority-Serbian areas of Kosovo itself, where the population, as I understand it, was already wondering why, if Kosovo was allowed to secede from Serbia, they aren't allowed to secede from Kosovo.
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