Unilateral declaration of Kosovo’s independence did not violate the international law, said the Chairman of the International Criminal Court announcing the Court’s consultative conclusion. As the Court’s verdict reads, the international law does not ban declarations of independence.
An enquiry on the subject was made by the UN General Assembly in October 2008. It was clear then, that the international law and the so-called political common sense will clash in the case. The Kosovo problem has no precedent. The UN International Criminal Court has never considered a case about a territory seceding from a UN member-state without the agreement of that state. Hence, all the high emotions around the verdict.
This was confirmed by an open hearing in the Hague in December 2009. The opponents to Kosovo’s independence, with Russia and Serbia at the head, stressed gross violations of the international law, in particular the inviolability of the borders. They were opposed by the Albanian authorities of Kosovo, the USA and the EU leading countries that have already recognized the independence of Kosovo and consider it an accomplished fact. France doubted the authority of the UN International Court to discuss the problem, as in the opinion of Paris, it was a political problem. As decisions in such cases are made by the majority of votes, it was clear that Albanian separatists from Kosovo would be a success. The Kosovo Foreign Minister has already declared that the government is ready to control the northern part of the region inhabited by Serbians.
It must be remembered that consultative conclusions of the UN International Court do not have the status of law. Anyway, they make an illegitimate act perfectly legitimate, believes Anna Filimonova, an expert in the Balkan Region.
“For the Serbians living in that area it means gradual assimilation, giving up their history and national roots. There is also a threat to Southern Serbia. It is a blow to Serbians’ national identity,” Anna Filimonova said.
Anyway, it is too early for the Kosovo Albanian authorities to celebrate victory. The consultative conclusion of the International Criminal Court will be considered by the UN General Assembly in September this year. The Serbian Vice Prime Minister has said that his country will submit a draft resolution of reaching a compromise on all issues, including the Kosovo status. It means a demand of more negotiations between Serbia and Kosovo.
Apart from that, the conclusions and arguments of the International Court are not restricted by the Balkan region only. They will be closely studied and used for settling other similar conflicts, such as the Caucasus and other post-Soviet regions. Today’s conclusion of the International Court is not the end of the Kosovo case but the beginning of numerous new geopolitical battles.
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