European Forum

Reactions on ICJ opinion

These are the reactions after the International Court of Justice (ICJ), somewhat surprisingly, concluded that the unileteral declaration of independence of Kosovo on 17 February 2008 did not violate general international law:

Serbian President Boris Tadić stated that “Serbia of course will never recognise the unilaterally proclaimed independence of Kosovo because it believes that unilateral, ethnically motivated secession is not in accordance with the principles of the United Nations.” Vuk Jeremić, Serbia’s Minister of Foreign Affairs said that Serbia’s politics on the issue will remain the same. “It is a peace-loving policy which is based on the principles of international law, and we have not heard in the courtroom today if anyone had the right to secede. This debate is a political debate and it will obviously be led in the General Assembly,” he said. Serbian Prime Minister Mirko Cvetković is holding an extraordinary meeting of his cabinet to analyze the advisory opinion of the ICJ.

Kosovo Prime Minister Hashim Thaçi called for a ‘dignified celebration’ of the ICJ’s ruling in favour of Pristina’s declaration of independence as protesters gathered in the flashpoint town of Mitrovica. Kosovar Foreign Minister Skender Hyseni called it “a great day for Kosovo” and said that it was time for Belgrade to begin talks with Pristina. “Now we have legal proof that our independence didn’t break an international law,” he added. “We can finally really aspire for what every country, what every citizen of this planet aspires for - some freedom and to live the life the way life should be.”

US Secretary of State Hillary Clinton described the court's ruling as “decisive” support for the independence of the youngest Balkan state. She urged all countries, which have not recognised Kosovo’s sovereignty, to do so.

German Foreign Minister Guido Westerwelle said that place of Kosovo and Serbia is in the EU so that the two should focus on “their European future”. “I urge political officials in both Belgrade and Pristina to now focus on European future and start working in a constructive and pragmatic way on daily coexistence, in the interests of their people,” the minister announced.

His French counterpart Bernard Kouchner argued that Kosovo's independence is irreversible.
“The ICJ opinion clearly shows that Kosovo’s declaration of independence is not contrary to any international law or resolution 1244, as France has always argued, and this pleases me,” Kouchner said.

Catherine Ashton, the EU foreign affairs chief, said in a statement: “The EU welcomes the publication of the advisory opinion of the International Court of Justice. We are studying it with great care. "The advisory opinion opens a new phase. The focus should now be on the future. The future of Serbia lies in the European Union. The future of Kosovo also lies in the European Union. This is in line with the European perspective of the region and the relevant Council conclusions..."

Chinese MFA spokesman Qin Gang said that the Kosovo Albanian unilateral declaration of independence did not breach international law, as there was “no active provision that limits independence declarations”. The court’s advisory opinion however did not rule on the right to self-determination or secession. China respects Serbia's territorial integrity, and believes that negotiations with the UN framework are the best way to find a solution acceptable to both sides.

The Russian Foreign Ministry issued a statement: “We believe that the solution to the Kosovo issue lies only in the continuation of negotiations between the interested parties based on the provisions of UN Security Council resolution 1244, which, as underlined by the ICJ, remains the universally recognized international legal basis for settlement”.

Hannes Swoboda, vice-president of the S&D Group in the European Parliament, said that Kosovo’s independence “is a problematic, but unavoidable step for the region”, which completes the dissolution of the former Yugoslavia, and marks the establishment of a new order in the Balkan region.

According to British daily The Guardian, separatists and secessionists from Taiwan, to Somaliland to Georgia, have welcomed the court’s opinion, which they argue sets a precedent. James Ker-Lindsay from Kingston University London told daily Blic that that the opinion of the Court will be quite relevant for other cases of secessionism in the world. “The court has said with this [advisory ruling] "anyone can declare independence,” he said expressing his expectation that other regions in the world will do so, relying on the opinion of the court.

Source: BIRN, EUobserver and B92