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Serbia challenges Kosovo independence in court

Published 01 December 2009 - Updated 06 July 2010
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The International Court of Justice (ICJ) in The Hague has today (1 December) started to examine the legality of Kosovo's declaration of independence, which is contested by Serbia. The judgment could tip Kosovo's future towards full international recognition or push it back under the auspices of the Serbian state.

In October 2009, the United Nations approved Serbia's request to ask the ICJ whether Kosovo's secession is legal. The ruling is likely to take a long time, but hearings have started and the two contending parts will put forth their claims today. 

If the ICJ ruled against the legality of Kosovo's unilateral declaration of independence, this would give a serious blow to its hopes of reaching statehood and would arrest the tide of formal recognitions by the international community. 

Serbian Foreign Minister Vuk Jeremic told Reuters that Serbians hoped that the final ruling "is going to say that you cannot declare secession from an internationally recognised state in peacetime". 

Kosovarian Deputy Prime Minister Rame Manaj responded by claiming that "we can live together with Serbia only as two independent countries. Serbia deported half of the population out of Kosovo, has killed and massacred more than 12,000 people [...] and because of all of these we declared independence". 

Kosovo's statehood has been accepted by 22 EU member states. Cyprus, Greece, Romania, Slovakia and Spain all stand against the declaration of independence, fearful that this would set a dangerous precedent with respect to their own minorities. 

Moreover, all four BRICs (Brazil, Russia, India and China) are opposed to Kosovo's independent status, sharing the same concerns as the five EU countries. 

Kosovo is already a member of the International Monetary Fund and the World Bank, but the final sanctioning of its independence would be its acceptance as a member of the UN General Assembly. In order to get there, many more endorsements are needed. 

A positive judgment by the ICJ would certainly ease Kosovo's path to full independence. A negative ruling would force it back to the negotiating table with Serbia or grant it the status of a 'new Taiwan'. 

(EurActiv with Reuters.) 

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 the population of which are ethnic Albanians, established many of the trappings of statehood, including a new constitution, an army, national anthem, flag, passports, identity cards and an intelligence agency. 

On 15 November 2009, Kosovo held its first elections since declaring independence. Ethnic Serbs were divided on whether to attend the polls. The total registered turnout was around 45%. 

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