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Court says Kosovo independence 'not illegal'

Published 23 July 2010 - Updated 09 September 2010
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The European Union urged Serbia and Kosovo to improve their relations to bolster their chances of joining the bloc, after the International Court of Justice said yesterday (22 July) that Kosovo did not violate international law when it claimed secession from Serbia in February 2008.

EU foreign policy chief Catherine Ashton said the bloc was ready to help Belgrade and Pristina hold a dialogue.

"The EU is [...] ready to facilitate a process of dialogue between Pristina and Belgrade. This dialogue would be to promote cooperation, achieve progress on the path to Europe and improve the lives of the people," she said in a statement.

Both Serbia and Kosovo hope to join the EU one day but face years of difficult reforms before they are ready. Reconciliation between them will be vital as well, Ashton said.

The UN court ruling, whilst not legally-binding, could mean more will be added to the list of sixty-nine countries that have already recognised Kosovo’s independence.

Long-time critics such as Spain, meanwhile, argued that it may also encourage other separatist movements worldwide.

Speaking from the Hague yesterday, International Court of Justice President Hisashi Owada said international law "contains 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.

Serbia had issued a request for the ruling nine years after it lost the control of the ethnically Albanian-dominated Kosovo following NATO intervention (EurActiv 01/12/09).

Russia, China and five EU states including Spain support Belgrade's position, whilst the US, Turkey and twenty EU states are in favour of Kosovo's independence.

Serbia's prime minister had stated that the country would sacrifice the prospect of EU membership given the choice between that or re-gaining sovereignty over Kosovo (EurActiv 29/08/08).

Kosovo is already a member of the International Monetary Fund and the World Bank but has yet to be accepted as a member of the UN General Assembly.

(EurActiv with Reuters.)

Positions: 

The US government welcomed the ruling upholding the legality of Kosovo's independence declaration and called on others to recognise it.

"The International Court of Justice decisively agreed with the long-standing view of the United States that Kosovo's declaration of independence is in accordance with international law [...] we call on all states to move beyond the issue of Kosovo's status," US Secretary of State Hillary Clinton said in a statement.

European Parliament President Jerzy Buzek advised the international community to respect the ICJ's opinion and spoke in support of the integration of the region.

"I welcome Serbia's tangible efforts to improve its relations with its neighbours: the declaration on Srebrenica and the continuous improvement in relations with Croatia are two eminent examples," he said.

"Ultimately, reconciliation will be achieved fully not through court rulings, but rather when peoples in the Balkans will be able to live, move and trade freely and peacefully," Buzek concluded.

Reacting to the ruling, German MEP Doris Pack (European People's Party; EPP) said that all EU member states should now recognise Kosovo's independence. "After this ruling, there is no reason for other countries to refuse to recognise Kosovo. This is especially the case for the five EU member states which have not recognised Kosovo so far," she declared.

"[The] decision by the International Court of Justice is the result of the policies of Slobodan Milosevic. Serbia, which sought the ICJ ruling in the first place, must now accept this result and aim for good neighbourly relations with Kosovo," she said.

German MEP Bernd Posselt (EPP), the European Parliament's rapporteur on Kosovo, called on the Serbian government to "finally face reality'' and accept the independence of Kosovo.

"Free yourselves from the illusions of renewed influence over Kosovo which hold you back, as they will lead only to new bloodshed followed by failure, and instead go down the road towards a Europe which is wide open," he stated.

The Alliance of Liberals and Democrats for Europe group in the European Parliament also welcomed the ICJ ruling.

"This decision will help bring more clarity and certainty to the region. The European Union's new High Representative should now encourage those member states who have not yet formally recognised Kosovo to do so and then work with Serbia in the broader context of deeper EU relations," said Belgian MEP Annemie NeytsALDE spokesman on foreign affairs.

Slovenian ALDE MEP Jelko Kacin, the Parliament's standing rapporteur on EU-Serbia relations, commented: "The ICJ's advisory opinion must not remain a moment in the history of troubled relations between Belgrade and Pristina [...] it should mark a new beginning of advanced relations and a genuine turnabout towards friendly dialogue."

"Dialogue and enhanced institution building are the only means by which political, social and economic progress towards the EU, and in the relations between the two countries, can be made," Kacin said.

"EU membership remains at the top of the strategic agenda of both Serbia and Kosovo," he concluded.

MEPs from the European Free Alliance group in the European Parliament welcomed the ICJ ruling confirming the legality of Kosovo's 2008 independence declaration.

"While this decision alone is not determinative of the actual independence of Kosovo, it is of crucial importance in bringing to an end the belligerence and unrest that plagues the area," said Scottish National Party MEP Alyn Smith.

He pointed out that both the Kosovo and Serbian governments have defiantly refused to alter their position regardless of the Court's outcome, therefore this decision may not be of quite the same significance as a domestic political instrument.

Smith said it set an international precedent. 

According to Flemish nationalist MEP Frieda Brepoels (N-VA), independent status for Kosovo is the only way to achieve proper stability in the Balkans.

"Kosovan independence is a logical culmination of the autonomy movement that arose following the disintegration of the former Yugoslavia. Today's ruling is therefore very important from a practical point of view, in particular with regard to Kosovo's long term stability and economic development," she said.

Green MEP Ulrike Lunacek (Austria), the European Parliament's rapporteur on Kosovo, described the ICJ's ruling as clearer than expected.

"I do hope that the government in Belgrade now acknowledges that its hopes surrounding the ICJ opinion have been in vain, and that Belgrade will concentrate on its path into the European Union," she said.

"It is also clear that there will be no negotiations about partition or territorial swaps between the north of Kosovo (mostly inhabited by Serbs) and the south of Serbia (dominated by Albanians) [...] the Balkans do not need new borders, but an increase in autonomy and minority rights," she declared.

Basque nationalist MP (PNV) Aitor Estaban saw the ruling as paving the way for similar independence moves.

"I think that the main consequence is that Spain cannot keep saying that the international rules don't allow for a split of the country for a new Basque independent country in the European Union," he is quoted by the BBC as saying.

A spokesperson for the Republic of Cyprus foreign ministry stood beside Serbia's position.

"Cyprus would like to reiterate its position of principle on the issue of Kosovo and reaffirm its unwavering position of respect to the sovereignty and territorial integrity of Serbia, which includes the Kosovo and Metohija province," the spokesperson is quoted by the BBC as saying.

Albert Rohanformer deputy to UN special envoy on Kosovo Martti Ahtisaari, warned that Kosovo could turn into a frozen conflict if other EU countries do not recognise its independence. "We must use this opportunity to avoid that another 'frozen conflict' emerges in the Balkans," he stated, calling on the five EU states that have not yet recognised Kosovo – Cyprus, Greece, Romania, Slovakia and Spain – to ''fall in line with the majority''.

"A common stance would finally put the EU in a position to play the role it should in the Balkan region and make it easier for Serbia's political leaders to accept the reality of Kosovo's statehood," he said.

Serbia and Kosovo must normalise their relations if they want to join the EU as the bloc requires candidate states to lay aside all their conflicts before entering, he added.

Speaking after an agreement was reached between the EU and Serbia to co-sponsor a United Nations General Assembly (UNGA) draft resolution on the ruling, EU foreign policy chief Catherine Ashton described the step as "a reflection of our common commitment to Serbia's European perspective".

"The important thing [after the UNGA vote on 9 September] will be that the dialogue between Belgrade and Pristina can start […] for peace, security and stability in the region," she added.

Background: 

Kosovo, the smallest Balkan nation, seceded from Serbia in 2008, nine years after the end of a 1998-1999 war between Belgrade's security forces and ethnic Albanian guerrillas. In the following years, Kosovo was an international protectorate patrolled by NATO peacekeepers. 

After Kosovo declared independence on 17 February 2008, the two million-strong republic, 90% of whose population is ethnic Albanian, established many of the trappings of statehood including a new constitution, army, national anthem, flag, passports, identity cards and an intelligence agency. 

In October 2009, the United Nations approved Serbia's request to ask the ICJ whether Kosovo's secession from Serbia was legal. On 1 December 2009, the ICJ began to examine the legality of Kosovo's declaration of independence. On 15 November 2009, Kosovo held its first elections since declaring independence. Ethnic Serbs were divided on whether to attend the polls.

Despite member states' differences regarding Kosovo's status, the Parliament affirms that it is vital for the EU to engage with Kosovo so that stability and security in the Western Balkans – the EU's immediate neighbourhood – can be preserved and built upon.

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