Serbia to go to ICJ over Kosovo

This should have been announced on the day of the illegal declaration. This is a no brainer of a case which in any normal court of law, Serbia would win no problem. However, as we all know, the US does what it wants and ignores international law whenever they want, so I'm sure they will try to strongarm nations into not supporting international law.
Regardless, this can only help Serbia.

KS - you might want to learn a little bit about international law and international legal institutions before you spout off such nonsense in future.

The ICJ is not the ICTY, nor is it a political body that might rule against Serbia because of Mladic et al. have not be detained. In fact, you will recall that it was the ICJ that issued the ruling last year on Bosnia's claim that Serbia committed genocide that had the Bosnian Muslims up in arms because it said that Serbia had been aware that acts of genocide were taking place, but that there was no clear evidence to suggest that it committed genocide.

Secondly, the ICJ is already recognised as effectively the highest court on the planet for interstate legal issues. It is for this reason that it is often called the World Court. In this sense it is already the highest court in Europe over such issues.

Thirdly, taking a case to the ICJ implies no recognition of Kosovo. The case brought before the ICJ will relate to the decision by a particular state, or group of states, to recognise a declaration of independence that Serbia deems to be illegal, and which, Belgrade believes, subverts international law. It does not recognise Kosovo in the slightest (do you think belgrade would do this if it did?)

Fourthly, as it happens, the findings of the ICJ are respected, and I don't think the US would ignore it in this case. To argue that 1244 can be interpreted to allow independence is one thing. To be told by the ICJ that it cannot is quite another. It would require the US to rescind the recognition and continue to respect 1244, or else risk killing off international law once and for all.

Of course, it might go the other way. The ICJ migth accept that it is legal. If so, then Belgrade and Russia will have to accept the judgement.

However, given that most EU officials, and most academic scholars, accept that independence was recognised on political, and not legal, grounds, Belgrade must feel that it is on fairly solid ground.

Well, it's a good thing this is back on the agenda. So far about 70 countries support Serbia so it shouldn't be too difficult to get another 20 or 30 states in favour.

It is high time to do something about it. Only, why to wait until September, it should be done immediately! I am sure that we will get support of the majority.

people should know that ds and this guy jeremic on their behalf is peddling empty propaganda that they, too, work to protects kosovo. this let's wait 6 months to stem the tide :)) is part of that empty propaganda. not only are not doing anything to help in fact they work in the opposite direction, but this is for the elections only.

There are dangers with this plan. Firstly the ICJ is not happy with Serbia still holding IWC such as Mladic, Karadžić, etc. Secondly, if you take Kosova to court you risk making the ICJ the Supreme Court of Europe. If ICJ rules that Kosova is valid that means the ICJ has the power to make every UN nation recognize Kosova---you are instilling extra powers to the court. The Supreme Court of America enjoys new rights because of controversial cases which lead to new powers.

Thirdly, Serbia is implying recognition towards Kosova because it is suing Kosova at one of the highest courts. Serbia isn't suing a territory, but the country Kosova as a whole. Serbia is going to get counter-sued for war damages, protecting war criminals, refusing to hand exhumed bodies of innocent Kosovars, refusing to pay back pensions, etc.

Now, say the ICJ rules "Republic of Kosova is illegal and null", do you believe that anyone will listen? No one listens to the ICJ as it is, if its' sphere of power was great Serbian WAR CRIMINALS would be in the Hague rotting to death...are they??

Think about it...let's see what the future will entail.

Wise move. Now we will all know what the meaning of the word "supports" really is.

Can you imagine what serbs will say if ICJ rules against them. Not hard to work it out, they wont admit they are wrong and will just assume that US, UK etc paid off the judges or something along those lines. Whenever there is a story or a stance taken that isnt pro-serb, a stance is that its always due to US exerting some sort of muscle. But as can be seen by Kosovo, US doesnt muscle anyone and that countries do take decisions on Kosovo by themselves. Sure there is lobbying...now Russian actions in Ukraine, Belarus with cutting off energy...now thats bullying.

This has gone too far,
Serbs in the start should have said
We don't negotiate with Terrorists or any one tied up or links with Terrorists.

That would have been the end of the attempt to get independence.

The US would have been embarrassed to have anything to do with Kosovo and would have been left to the Serbs, If the Albanians don't like it go back to Albania.

But Serbs are too forgiving.

I find it hard to understand what the Serbian logic is aiming by still claiming back Kosova. It is an absurdity and anything agaist Kosova's independence from Serbia would mean realistically an army of more that two million devoted solders.

Long before the ICJ hears this case the K albs will get restless, and be up to their old behavior. This time they will be laboring under the illusion thei "crackdown" is justified because the state is defending itself.

Jim you may want to follow own advice. This will be a nonbinding advisory. If it "opinions" against Serbia do you really think they will accept it say oh my mistake and move on.--no. And neither will the US, UK, France, Germany etc.
I think it is good whichever way it rules but do not expect any admission of being wrong by either side.

Serbia should be able to easily get the support of at least half of the UN's members on this request. It is notable that Serbia is not requesting a vote of confidence for its own position, but merely requests that the case be heard by a competent court - a neutral and independent third party.

Even countries who are nominally in favor of an independent Kosovo should not oppose a request to have the issue looked at in detail by the ICJ. This has never been done and it would be in the best interest of all parties to hear what the ICJ has to say on the matter.

I find it hard to understand what the Serbian logic is aiming by still claiming back Kosova. It is an absurdity and anything agaist Kosova's independence from Serbia would mean realistically an army of more that two million devoted solders.

There are dangers with this plan. Firstly the ICJ is not happy with Serbia still holding IWC such as Mladic, Karadžić, etc. Secondly, if you take Kosova to court you risk making the ICJ the Supreme Court of Europe. If ICJ rules that Kosova is valid that means the ICJ has the power to make every UN nation recognize Kosova---you are instilling extra powers to the court. The Supreme Court of America enjoys new rights because of controversial cases which lead to new powers.

Thirdly, Serbia is implying recognition towards Kosova because it is suing Kosova at one of the highest courts. Serbia isn't suing a territory, but the country Kosova as a whole. Serbia is going to get counter-sued for war damages, protecting war criminals, refusing to hand exhumed bodies of innocent Kosovars, refusing to pay back pensions, etc.

Now, say the ICJ rules "Republic of Kosova is illegal and null", do you believe that anyone will listen? No one listens to the ICJ as it is, if its' sphere of power was great Serbian WAR CRIMINALS would be in the Hague rotting to death...are they??

Think about it...let's see what the future will entail.

Can you imagine what serbs will say if ICJ rules against them. Not hard to work it out, they wont admit they are wrong and will just assume that US, UK etc paid off the judges or something along those lines. Whenever there is a story or a stance taken that isnt pro-serb, a stance is that its always due to US exerting some sort of muscle. But as can be seen by Kosovo, US doesnt muscle anyone and that countries do take decisions on Kosovo by themselves. Sure there is lobbying...now Russian actions in Ukraine, Belarus with cutting off energy...now thats bullying.

Well, it's a good thing this is back on the agenda. So far about 70 countries support Serbia so it shouldn't be too difficult to get another 20 or 30 states in favour.

It is high time to do something about it. Only, why to wait until September, it should be done immediately! I am sure that we will get support of the majority.

This should have been announced on the day of the illegal declaration. This is a no brainer of a case which in any normal court of law, Serbia would win no problem. However, as we all know, the US does what it wants and ignores international law whenever they want, so I'm sure they will try to strongarm nations into not supporting international law.
Regardless, this can only help Serbia.

Wise move. Now we will all know what the meaning of the word "supports" really is.

KS - you might want to learn a little bit about international law and international legal institutions before you spout off such nonsense in future.

The ICJ is not the ICTY, nor is it a political body that might rule against Serbia because of Mladic et al. have not be detained. In fact, you will recall that it was the ICJ that issued the ruling last year on Bosnia's claim that Serbia committed genocide that had the Bosnian Muslims up in arms because it said that Serbia had been aware that acts of genocide were taking place, but that there was no clear evidence to suggest that it committed genocide.

Secondly, the ICJ is already recognised as effectively the highest court on the planet for interstate legal issues. It is for this reason that it is often called the World Court. In this sense it is already the highest court in Europe over such issues.

Thirdly, taking a case to the ICJ implies no recognition of Kosovo. The case brought before the ICJ will relate to the decision by a particular state, or group of states, to recognise a declaration of independence that Serbia deems to be illegal, and which, Belgrade believes, subverts international law. It does not recognise Kosovo in the slightest (do you think belgrade would do this if it did?)

Fourthly, as it happens, the findings of the ICJ are respected, and I don't think the US would ignore it in this case. To argue that 1244 can be interpreted to allow independence is one thing. To be told by the ICJ that it cannot is quite another. It would require the US to rescind the recognition and continue to respect 1244, or else risk killing off international law once and for all.

Of course, it might go the other way. The ICJ migth accept that it is legal. If so, then Belgrade and Russia will have to accept the judgement.

However, given that most EU officials, and most academic scholars, accept that independence was recognised on political, and not legal, grounds, Belgrade must feel that it is on fairly solid ground.

people should know that ds and this guy jeremic on their behalf is peddling empty propaganda that they, too, work to protects kosovo. this let's wait 6 months to stem the tide :)) is part of that empty propaganda. not only are not doing anything to help in fact they work in the opposite direction, but this is for the elections only.

This has gone too far,
Serbs in the start should have said
We don't negotiate with Terrorists or any one tied up or links with Terrorists.

That would have been the end of the attempt to get independence.

The US would have been embarrassed to have anything to do with Kosovo and would have been left to the Serbs, If the Albanians don't like it go back to Albania.

But Serbs are too forgiving.

Long before the ICJ hears this case the K albs will get restless, and be up to their old behavior. This time they will be laboring under the illusion thei "crackdown" is justified because the state is defending itself.

Jim you may want to follow own advice. This will be a nonbinding advisory. If it "opinions" against Serbia do you really think they will accept it say oh my mistake and move on.--no. And neither will the US, UK, France, Germany etc.
I think it is good whichever way it rules but do not expect any admission of being wrong by either side.

Serbia should be able to easily get the support of at least half of the UN's members on this request. It is notable that Serbia is not requesting a vote of confidence for its own position, but merely requests that the case be heard by a competent court - a neutral and independent third party.

Even countries who are nominally in favor of an independent Kosovo should not oppose a request to have the issue looked at in detail by the ICJ. This has never been done and it would be in the best interest of all parties to hear what the ICJ has to say on the matter.