ICJ: Argentina argues Kosovo's UDI was "severe violation of international law"

On Thursday, Azerbaijan and Belarus are arguing against Kosovo's unilateral declaration of independence, while Austria and Bahrain will argue in favor.

The delegation of Argentina supported on Wednesday Serbia's stand that the secession of Kosovo represents the most severe violation of international law and threatens the established international order, adding that "a bright future of a country cannot be built in that manner".

The head of the delegation, Susana Ruiz Cerutti, said that the advisory opinion of the ICJ will have far-reaching consequences and not only deal with the Kosovo issue.

She pointed out that the unilateral declaration was not in keeping with international law, that it endangered Serbia's territorial integrity and violated UN Security Council Resolution 1244, which proscribes the international administrative and security presence, "and did not, and could not, abolish Serbia's sovereignty over Kosovo".

The very resolution has excluded the right to self-rule which is underscored by the defenders of independence, Cerrutti said, adding that the Kosovo status will be determined through talks and compromise which have to be in line with Resolution 1244.

She stated that the unilateral declaration of independence was the result of a coordinated action of provisional Kosovo institutions and states that supported it.

On the other side, Albania, Germany and Saudi Arabia supported the unilateral proclamation by claiming that it was not in contradiction with international law, but that it was "in line with the right of people to self-determination".

The secession of Kosovo "had nothing to do with international law, as the law did not define the issue of secession, therefore, secession is not forbidden", news agencies reported their arguments.

Legal Adviser of the German Federal Foreign Office Susanne Wasum-Rainer suggested that the judges should examine the case of Kosovo by relying on facts, that is, "the situation on the ground".

According to her, one of the principles of international law, the principle of efficiency, is "the only principle that can be applied in the case of Kosovo, since Kosovo fulfills the elements of statehood and its people, territory and government have nation-building qualities".

"Kosovo has become an independent state because it has been recognized by 63 members of the United Nations, as well as by 109 members of the International Monetary Fund (IMF) and the World Bank (WB)," Wasum-Rainer concluded.

Speaking on the behalf of the Albanian delegation, Professor Jochen Frowein argued that "secession is not regulated by international law".

"There is nothing international law can say about the declaration of Kosovo's independence," he said, and noted that "a majority of the UN member countries had not expressed a wish to take part in the debate" at the ICJ.

The deputy chief of the Serbian delegation in the ICJ Kosovo proceedings Sasa Obradovic said the course of the debate has been "as expected" so far.

"We've heard an exceptional legal statement from the Argentine representative, for which we are grateful. In the next days there will be more statements from countries that support our legal position," he said.

Obradovic also said that the proceedings at the ICJ were developing according to what Serbia's legal team had expected.

Obradovic would not comment on Wednesday's arguments made by Albania and Germany, which supported the unilateral declaration, while he said Saudi Arabia's short statement was "devoid of any legal arguments".

On the other hand, he described Serbia's performance as being "in the strong rhythm of legal arguments".

The Kosovo Albanian side, invited to the proceedings as "the authors of the declaration", in a way negated the importance of international law, said Obradovic.

"I'm afraid it's almost tantamount to a legal scandal to go before the International Court of Justice and say that international law does not cover the issue of secession, especially for someone who would like to be the world's youngest state," he continued.