ICJ to start debate on legality of Kosovo's UDI

The International Court of Justice in the Hague is set to start Serbia's challenge to the Kosovo Albanian unilateral declaration of independence with the first hearings of the 30 participants in the debate, including all five permanent members of the UN Security Council.

(KosovoCompromise Staff) Monday, November 30, 2009

The process will begin on Tuesday by argumentation to be given by representatives of Serbia and the Kosovo Albanian authorities.

They will have three hours each to present their stance.

Serbia's delegation will be represented by Dusan Batakovic, the chief of the legal team, his deputy Sasa Obradovic, as well experts on international law Malcolm Shaw (Great Britain), Marcel Cohen (Switzerland) and Andreas Zimmermann (Germany).

Pristina's delegation will be led by the Foreign Minister Skender Hiseni while legal arguments in favor of Kosovo independence will be presented by British lawyer Michael Wood.

After that representatives of 28 countries will present their argumentation until December 11, with a major duel between Russia and the United States on December 8.

The ICJ will give an advisory opinion that will not be binding on the countries.

‘Nevertheless, the opinion of the ICJ shall have not only undisputable legal and moral gravity but huge influence on future political moves as well. The opinion of the ICJ has great force since both countries that have recognized Kosovo and those that have not, refer to the international law', Tibor Varadi, Professor of the international law said.

A ruling in Kosovo's favor would lead more countries to recognize its independence, while an adverse opinion would push it into negotiating a new settlement with Serbia, said Andre de Hoogh, senior lecturer in international law at Groningen University.

"An advisory ruling in Kosovo's favor -- that would change the political dynamic," and accelerate the pace of international recognition, De Hoogh said.

He said a ruling against Kosovo could complicate matters, not only for Western countries that have recognized its independence, but also for Kosovo itself which might then have to negotiate a settlement with Serbia.

Neither side has made public their planned arguments, but Belgrade does hope the hearings will provide it with enough leverage to force open negotiations once again with Kosovo on its status.

In an interview published Sunday in Belgrade, Serbian President Boris Tadic said he was "optimistic" about the outcome of the case.

"The judicial argument is on Serbia's side," Tadic told the Vecernje Novosti newspaper, "and I am persuaded that the court will take into account the danger to international relations posed by an ethnically motivated seccession."