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10 November 2009
Breaking News:

Serbia to refer Kosovo to UN court 

Published: Friday 18 July 2008   

The essence of the initiative, launched by Serbian Foreign Minister Vuk Jeremic following his meeting with Russian Foreign Minister Sergei Lavrov in Moscow on 17 July, will be to test the legality of Kosovo's unilateral declaration of independence in the UN International Court of Justice.

"We support unconditionally the seizure by Serbia of the UN General Assembly with the aim of triggering an advisory proceeding by the International Court of Justice about what is going on in Kosovo," Russian and Serbian media reported Lavrov as saying. 

"I can confirm, that we have discussed this issue," said Lavrov later said, in comments published on the official site of the Russian Foreign Ministry. 

Advisory proceedings before the UN International Court of Justice are open solely to five organs of the United Nations and to 16 specialised agencies of the United Nations family. In this case, Serbia hopes to launch the proceedings via the UN's General Assembly.  

Although the Court's opinion would be advisory, without binding effect, it nevertheless remains that the authority and prestige attached to the Court's advisory opinions, especially when the organ or agency concerned endorses that opinion, means that its decisions are often as such sanctioned by international law. 

Serbia's Jeremic warned against attempts to prevent this legal action, saying this would only prove that those opposing it have the international law against them. "Some countries will strongly resists this initiative," Jeremic said. At present, 43 out of 192 UN members have recognized Kosovo.

But Jeremic said he was optimistic. "If you ask me whether I am optimistic, I will say that I have lot more optimism now that we have secured the firm support of the Russian Frederation. This does not mean that countries will have to vote for or against the Serbian position. It’s about asking the opinion of the International Court. I cannot think of any arguments against voting for this issue," he is quoted as saying in the Russian press.

The Serbian press also reports that Jeremic is launching a diplomatic offensive with the West, starting with French foreign minister Bernard Koucher, whose country currently holds the six month rotating EU Presidency. One of the ideas Jeremic intends to discuss in Paris, according to the press, is reinstating Serbia's ambassadors from countries which have recognised Kosovo.

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