Political status of Kosovo

BELGRADE, Aug 14 (Tanjug) - Indonesian Ambassador to Serbia Muhammad Abduh Dalimunthe said on Friday that Indonesia respects international law and Serbia's integrity and all the steps that Serbia is taking to seek the opinion of the International Court of Justice (ICJ) on the legality of the unilaterally proclaimed independence of Kosovo.

Speaking for Radio and Television of Serbia RTS, Dalimunthe said every problem must be resolved in a peaceful way, that United Nations (UN) Security Council Resolution 1244 on Kosovo must be honored, and that it is necessary to hear the decision of the ICJ on Kosovo.

During the two and a half years of his service in Belgrade, the ambassador said, he has realized that there is huge potential for economic cooperation between the two states which should be tapped. Serbia imports from Indonesia products from the area of technology, and Serbia exports to Indonesia articles from the field of the military industry, he pointed out.

http://www.tanjug.rs/DefaultE.aspx

I think that ICJ opinion will determine what those nations sitting on the fence will decide. All those who have already recognised it jumped the gun.

Vladimir79 wrote:I think that ICJ opinion will determine what those nations sitting on the fence will decide. All those who have already recognised it jumped the gun.

Depends how you look at the situation...For example, Indonesia is predominantly muslim country and it is good to see them not to rush into problems. However, Saudis who have a great power and influence are very supportive to Kosovo separatists.

Saudis form Kosovo ties, invite to Haj

Saudi Arabia formally established diplomatic ties with Kosovo following the signing of the protocol accord for diplomatic relations by Khalid A. Al-Nafisee, permanent representative of Saudi Arabia to the United Nations, and Avni Spahiu, Kosovo ambassador to the United States, at the UN office on Friday. A close ally, the Kingdom has also been one of the top donors to Kosovo, which broke away from Serbia and declared its independence in February 2008.

“A significant number of countries from the Middle East will be following Saudi Arabia’s lead in recognizing Kosovo and in boosting links with that state on all levels,” Al-Nafisee said in a statement to Arab News on Saturday. “Riyadh, which seeks to strengthen ties in all sectors, is a close ally of Kosovo.”

He said that the Kingdom became the 58th state to recognize Kosovo in April this year despite reservations expressed by many other countries on this issue.

Commenting on the protocol signed by Riyadh and Pristina, Alb Gazmend, Kosovo’s ambassador to Albania who has been lobbying for Arab support for Kosovo, said: “The diplomatic relations between Saudi Arabia and Kosovo had been established with a mission to strengthen friendship and cooperation on the principles of mutual acknowledgment, respect of independence and territorial integrity.”

On behalf of the Kosovo government, Gazmend said: “I offered my genuine appreciations and thanks to the people and the government of the Kingdom for inking the diplomatic instrument at the UN.”

Asked about Saudi support, Admirim Banaj, Albanian ambassador to Saudi Arabia, said: “The Kingdom’s aid and assistance in various forms have been reliable and consistent through the years.”

He pointed out that several international donors together with Riyadh pledged $1.9 billion last year to help build Kosovo’s battered economy, surpassing their target.

“Kosovo believes that the recognition and influence of Saudi Arabia, as one of the most important Muslim countries, will encourage other countries to recognize Kosovo and establish diplomatic ties,” said Banaj.

“But, Kosovo’s plan to set up an embassy in Saudi Arabia is a priority now,” said a report published by the English-language Kosovo Times. “One of the priorities for Kosovo’s Ministry of Foreign Affairs is to open a diplomatic mission in Saudi Arabia despite its limited budget, which does not allow them to have embassies in all the countries that have recognized Kosovo.”

To this end, the report noted that more than 2,000 pilgrims from Kosovo would travel to the holy cities of Makkah and Madinah for Haj and Umrah this year.

August 09, 2009
Arab News, Jeddah, Saudi Arabia

http://serbianna.com/news/?p=2813

Jeremic: We will prevent new recognition of independence of Kosovo

Serbian Foreign Minister Vuk Jeremić said in New York his visit to the UN has two goals – the preparation of the Serbian delegation at the next General Assembly session and talks with the UN Secretariat General. The delegation, to be led by Serbian President Boris Tadic, is to have a very difficult task at the session – to prevent Pristina and its allies from launching an offensive aimed at drastically increasing the number of countries recognizing the unilaterally proclaimed independence of Kosovo on the eve of the beginning of the debate before the International Court of Justice, on December 1. The Serbian delegation is to have talks with many heads of states and foreign ministers. The debate at the ICJ is to have a historic character, as for the first time all the five permanent UN Security Council member-states will be taking part in the debate. Jeremic said it would be very difficult to exert pressure on countries to recognize the Province once the debate begins. In NY, Jeremic met with the ambassadors of Russia, Azerbaijan, South Africa, Indonesia, Nigeria and Vietnam and also had talks with the UN Secretary General Ban Ki Moon’s assistants on the situation in Kosmet and progress in the fulfillment of the six-item plan. The progress has been made, but we insist the vital plan be realized thoroughly, as the entire SC is behind it, he said, adding it has been agreed that the session of the SC be held in mid-October. He informed UN representatives of the problems faced by Serbs and other non-Albanians in Kosmet and expressed concern over Pristina’s persistent refusal to comply with the binding decisions of the SC. He also insisted the SC session on Kosmet be public.

http://glassrbije.org/E/index.php?option=com_content&task=view&id=8282&Itemid=26

Ambassador Churkin says political process had been possible

VIENNA, Sept 2 (Tanjug) - Russian Ambassador to the United Nations (UN) Vitaly Churkin has said that Moscow refused to recognize the uniletarally proclaimed independence of Kosovo because there had been a possibility for a political process through which ethnic Albanian rights could have been realized without a violation of the historic territory of Serbia.

The ambassador gave an interview to the Austrian daily Tiroler Tageszeitung. Asked why Abkhazia and South Ossetia should be independent but not Kosovo, Churkin said the most important argument is that no-one had been threatening the security of Kosovo at the time when it had proclaimed independence.

Belgrade provided guarantees that it would not exert any military or economic pressure. That is why Russia believed a political process was possible for satisfying the rights of ethnic Albanians without a violation of the historic territory of Serbia, Churkin told the daily. In the case of South Ossetia, he said, there was a direct attack and it was a matter of life or death for those peoples.

Regarding the war in the Caucasus a year ago, Ambassador Churkin underscored that, in this case, it was a matter of aggression by Georgia on South Ossetia.

Most people recognize that Russia did what it had to do. At the time, NATO reacted in that situation as if it were a caricature of itself from the times of the Cold War, backing Georgia's policy of aggression, the Russian diplomat said.

http://www.tanjug.rs/DefaultE.aspx

Just to go briefly through the history.

General Assembly refers Kosovo situation to ICJ

08 Oct 2008
The United Nations General Assembly has voted in favour of Serbia's draft resolution to refer the legality of Kosovo's declaration of independence to the ICJ.

In its vote on Wednesday 8 October, the Member States of the United Nations General Assembly voted in favour of referring the legality of Kosovo’s declaration of independence on 17 February 2008 to the International Court of Justice (ICJ).

A total of 77 Member States voted in favour of the resolution while 74 countries abstained. Only six countries voted against the Republic of Serbia’s draft resolution, including the United States.

Of the EU Member States, the vast majority abstained from the vote although Romania, Slovakia, Spain, Greece and Cyprus voted in favour.

‘Unilateral independence declaration’

Serbia asked the UN Member States to vote for the ICJ to give an Advisory Opinion on the following question:

“Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”

A simple majority was required in order for the Court to be requested to deliver an Advisory Opinion on the issue.

Serbia sought to have the question placed on the General Assembly’s agenda this year as only organs of the UN (and some of its Special Agencies) may ask the Court to deliver advisory opinions.

The General Assembly will now make the request to the ICJ.


ICJ advisory proceedings

As the principal judicial organ of the UN, the International Court of Justice has two functions: to settle disputes between States by binding judgments (contentious cases) and to give advisory opinions on legal questions submitted to it by the United Nations (advisory proceedings). The proceedings leading to an Advisory Opinion may take up to two years.

Advisory opinions are issued by the Court and do not have the effect of resolving a specific legal case but rather advise on the interpretation of the law.

Advisory opinions are essentially not binding. Nevertheless, advisory opinions benefit from the authority and prestige of the Court. Serbian Foreign Minister Jeremić said his country would respect the Court’s decision.

Advisory opinions which the General Assembly requests the ICJ to deliver can be of a highly political nature.

The last advisory opinion given by the ICJ, on 9 July 2004, related to the legal consequences of Israel’s construction of a wall in the occupied Palestinian territory.

Serbia: Declaration “illegal and illegitimate”

Kosovo unilaterally declared its independence from Serbia on 17 February 2008, but Belgrade has refused to recognise its sovereignty. Serbia claims that the declaration by the ethnic Albanian authorities of what the Serbian Government calls “our southern provinces of Kosovo and Metohija” was “unilateral, illegal and illegitimate” and in violation of UN Security Council Resolution 1244 (1999) as well as other key documents.

Resolution 1244, which was passed in June 1999 in the wake of NATO’s bombing campaign, reaffirmed the “commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia”.
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http://www.haguejusticeportal.net/eCache/DEF/9/853.html

Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo

On 8 October 2008 the Member States of the United Nations General Assembly voted in favour of referring the legality of Kosovo’s declaration of independence on 17 February 2008 to the International Court of Justice (ICJ) in The Hague. In its vote, the General Assembly of the United Nations adopted a resolution in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to render an advisory opinion on the following question:

“Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”

The resolution recalls the Provisional Institutions of Self-Government of Kosovo’s declaration of independence from Serbia that took place on 17 February 2008 and underlines the fact that this act has been received with varied reactions by the Members of the United Nations as to its compatibility with the existing international legal order,

On receiving a request for an advisory opinion, the Court itself draws up a list of those States and organizations that may be able to furnish relevant information. According to the Court’s Order fixing time limits on 17 October 2008, states are requested to give written statements on the question by 17 April 2009. Both Serbia and Kosovo will deliver their written arguments on the issue.

Advisory procedures

The advisory procedure is open to five United Nations organs and 16 agencies of the United Nations system. It enables them to request opinions from the Court on legal questions. Unlike judgments handed down in contentious proceedings between States, the Court’s advisory opinions have no binding effect as such. However, the authority of the Court as the principal judicial organ of the United Nations attaches to them.
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http://www.haguejusticeportal.net/eCache/DEF/9/861.html

Brazil informs Serbia on participation in ICJ debate

BELGRADE, Sep 4 (Tanjug) - Brazilian Ambassador to Serbia Dante Coelho de Lima said Friday that Brazil will take part in the verbal debate at the International Court of Justice (ICJ) on the Kosovo case.

"I've just informed the Serbian government that Brazil will take part in the next stage of the proceedings, in the verbal debate at the ICJ," he told Tanjug.

The ICJ debate on the unilateral declaration of Kosovo's independence is scheduled to start on December 1, and interested countries have until September 15 to take a decision on participation, he said.

Brazil, which has not recognized Kosovo, submitted earlier to ICJ a written statement expressing its principled stand that Kosovo status can be resolved solely within the framework of instruments provided by the UN and in compliance with international law, he said.

Brazil respects Serbia's territorial integrity, Coelho de Lima said.

Brazil has supported the UN Security Council Resolution 1244, according to which Kosovo is an integral part of Serbia, he said.

Brazil also believes that the principle of self-determination should not be contrary to compliance with international law, he noted.

http://www.tanjug.rs/DefaultE.aspx

This is the official page of ICJ where the one interested can follow development, "Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo (Request for Advisory Opinion)" : http://www.icj-cij.org/docket/index.php?p1=3&p2=4&code=kos&case=141&k=21

Tuesday deadline to register for ICJ public hearing

BELGRADE, Sept 14 (Tanjug) - Tuesday, September 15, is the deadline for registering to participate in a public hearing before the International Court of Justice (ICJ) in The Hague on the legality of the unilaterally proclaimed independence of Kosovo and Metohija and the Court will announce, after that, the number of states that have registered and the timetable of the oral proceedings.

The public hearing will begin on December 1, and all member-states of the United Nations (UN) have the right to make statements, announcements or commentaries, regardless of whether they had previously submitted any written memorial, reply or rejoinder.

Although not a member of the UN, the Pristina interim authorities also have the right to oral presentation of memorial, reply and rejoinder to the arguments of the opponents of this secession.

Thirty-five countries, including Serbia, have presented written statements and arguments for or against the secession of the ethnic Albanian minority in Serbia during the first stage of this process, which was launched by the UN General Assembly last year at the initiative of Serbia.

http://www.tanjug.rs/DefaultE.aspx

Russia to participate in public hearing before ICJ

MOSCOW, Sept 14 (Tanjug) - Russia has informed the International Court of Justice that it intends to participate in the public hearing on the accordance with international law of the unilateral declaration of independence of Kosovo-Metohija, Russian Foreign Ministry stated Monday.

The unilateral acts of Kosovo authorities are contrary to the international law and the Resolution 1244 of the Security Council, the crucial document on which the parameters for resolving Kosovo issue are based, the statement reads.

The public hearings before the ICJ will open on December 1, and the time-limit for submitting participation applications is Tuesday, September 15.

During these hearings, statements and comments may be presented orally by the UN and its member states, whether or not they have filed written statements and comments.

http://www.tanjug.rs/DefaultE.aspx

Jeremic:All permanent members of UNSC to take part in debate

BELGRADE, Sept 16 (Tanjug) - Serbian Foreign Minister Vuk Jeremic stated Wednesday that all five permanent members of the United Nations Security Council (UNSC) will participate in the debate before the International Court of Justice (ICJ) in The Hague, which will decide on the legality of Kosovo's unilaterally proclaimed independence.

Jeremic told Tanjug that for the first time in history, all permanent members of the UNSC will take an active part before the ICJ, which might be interpreted as Serbia's success.

“This is success for Serbia since the action that Serbia launched before the ICJ engages the most influential countries of the world which are to confront their arguments before the ICJ,” Jeremic pointed out.

The deadline for the application of requests for participation in the oral sessions before the ICJ expired on Tuesday, and Belgrade and Pristina confirmed their participation in the debate scheduled for December 1.

Well we know where Russia stands. China has been making overatures to Serbia lately so they probably will not support independence. They can't be too happy over the embassy bombing or the threat to their own provinces seeking independence. We know US, UK, and France are going to kiss their butts.

Jeremic: We do not expect another recognition wave

NOVI SAD, Oct 5 (Tanjug) - Minister of Foreign Affairs Vuk Jeremic stated on Sunday that the attendance of the Serbian delegation at the recent UN General Assembly session was rather successful in preventing a new wave of recognition of the Kosovo and Metohija independence.

The delegation of Serbia headed by President Boris Tadic really did everything it possibly could at the moment, and it had talks with everyone in New York and tried to present our arguments, Jeremic said in an interview with Radio TV Vojvodina.. “I believe we proved successful, but let us wait a week or so, and if there are new recognitions of Kosovo and Metohija, it will mean that at the end we were not able to stop” the recognition wave, the Serbian foreign minister noted.

He pointed out that despite the unfair struggle with some of the most powerful and most influential states in the international community, Serbia has reason for optimism, and he expressed hope that “in a few days, we will be able to say that we have surprised the international community and that we were successful” after all.

http://www.tanjug.rs/DefaultE.aspx

Agenda for debate on Kosovo independence set

THE HAGUE, Oct 9 (Tanjug) - The International Court of Justice (ICJ) has set the agenda for the public debate on the legality of the unilaterally proclaimed Kosovo's independence scheduled for December 1.

The debate will last ten days and legal teams from Belgrade and Pristina will have three hours each to present opposing argument, Tanjug learned Thursday from diplomatic sources.

Serbia's legal team will be the first to preset its stand that the unilateral proclamation of indepedence of Serbia's southern province is illegal and violates international law.

After that, representatives of Albanian authorities in Pristina will present arguments so as to defend their right to independence and trying to prove that Kosovo is sui generis.

Out of 36 states, 29 applied for the oral debate and will be given 45 minutes each to justify their attitudes.

http://www.tanjug.rs/DefaultE.aspx

Kosovo independence not illegal, says UN court

Kosovans wave flags during "independence day" celebrations in Pristina in 2009 Kosovo's government says its independence is irreversible

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

The International Court of Justice rejected Serbian claims that the move had violated its territorial integrity.

Kosovo officials said all doubt about its status had now been removed, but Serbia's president insisted 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 US welcomed the ruling and urged European nations to unite behind it

This opinion will not change any facts on the ground. Kosovo will still be independent. Serbia will still want what it sees as its territory back.

But the decision will nonetheless have significant ramifications. There is nothing more sensitive in international affairs than sovereignty and borders.

If Kosovo's independence is in accordance with international law, Moscow may ask, why shouldn't Abkhazia and South Ossetia's independence from Georgia be viewed in the same way?

Indeed, why shouldn't other disputed border questions be revisited? Bosnia's borders may be a case in point.

The implications go much wider and will make any country with separatist movements within its frontiers worry about the future.

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," he said.

He also urged Serbian President Boris Tadic to change his attitude towards Kosovo.

But Mr Tadic told reporters: "Serbia will never recognise the unilaterally proclaimed independence of Kosovo."

The BBC's Mark Lowen in Belgrade says it is unlikely that Serbia will soften its approach, but there will be increasing pressure from the international community for Serbia to drop its aim of fresh talks on Kosovo's status.

Earlier, Nato commanders said the 10,000-strong peacekeeping force in Kosovo was ready to deal with any violence sparked by the ruling.

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.
Damaging dispute

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

Those opposed include Russia, China and Bosnia. EU nations with separatist movements of their own - including Spain and Greece - have also not recognised Kosovo.

At the start of the deliberations last December, Serbia's representatives argued that declaration of independence 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.

http://www.bbc.co.uk/news/world-europe-10730573

A travesty for Serbia, but no one can say anything about S. Ossetia now.

Vladimir79 wrote:A travesty for Serbia, but no one can say anything about S. Ossetia now.

and abchasia, we must be realistic, our serbian brothers losst serbia for ever, they can only whne they have the will under ther pro-western regime under boris tadic hold north-kosovo, and now is the time liek never befor to go for independence or a lot more autonomie for republic of serbska

This decision will create problems in Romania(My country ),Greece,Spain,Holland, and through entire Europe.There are voices in my country asking for the independence of Secuiesc land.
My country has so many problems at this time floods killed 25 peoples billions of dolars damege.Economic crisis from we seem not to be able to recover.
The army is bad shape and NATO has done everything so our army can be more interoperable with NATO structure(Basically has diminist our military capabilities and has dismantled our military infrastructure).
The future may not be to good.

Has anyone read this?

http://www.bbc.co.uk/news/world-europe-10739152

Must be a misprint.

There is an old saying... if you can't beat them, join them.

Perhaps the oppressed minority Serbs in Kosovo should band together and try to get their own independant state too. If Kosovo Albanians are allowed independance then surely Kosovo Serbs should have equal rights. And of course in Bosnia all three groups should be allowed their own state respectively.

It seems a UN resolution is not enough to protect sovereignty in former Yugoslavia, but in Georgia the rules are different.

Can Republika Srpska demand to be properly annexed into Serbia now?