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Serbia submits arguments against Kosovo independence to ICJ

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The government of Serbia on Friday submitted its arguments against the legality of Kosovo's unilaterally declared independence to the International Court of Justice (ICJ). Serbian Minister of Foreign Affairs Vuk Jeremic said the government, in the almost 1,000 pages it submitted in the case, argues that the claim of independence violated US Security Council Resolution 1244, which reaffirms the sovereignty and territorial integrity of the Serbian state, the UN Charter, and the Helsinki Final Act. Jeremic said Serbia is asking the court to consider the effect its holding will have on similar cases worldwide, noting that China had, for the first time, offered its opinion to the ICJ for this case. In March, more than 100 Serbian judges, prosecutors, and legal professionals prevented the opening of the first EU-backed trial in Kosovo by protesting in front of the Mitrovica court house. In October, the UN General Assembly voted to ask the ICJ for a non-binding advisory opinion on the legality of the unilaterally proclaimed independence of Kosovo. That same month, Serbian President Boris Tadic said he had not ruled out partitioning parts of Kosovo. Kosovo's constitution went into effect in 2008 despite Serbia's argument that the charter of the breakaway province was legally void.

Full post as published by JURIST - The Paper Chase on April 19, 2009 (boomark / email).