ICJ aftermath: A chance for international law or an exercise in futility?

Serbian international law professor Tibor Varadi says that the debate before the ICJ regarding Kosovo’s independence is a chance for affirming international law.

(KosovoCompromise Staff) Monday, December 14, 2009

"The court was willing to discuss such a question, because it is a great chance for the affirmation of international law. Of course, like with every other chance for affirmation, the danger that the opinion given by the court will not be as good as this process deserves also exists," Varadi told the daily Politika.

He said that he hopes that the judges will be able to reach a united stance that will be mentioned in legal history for years to come.

"This world needs for some political appropriations to be replaced with the principality of law. If a decision is made that is expertly convincing, then it would expand the possibilities for other issues to be solved based on law in the future, and not based on political power," Varadi said.

Stating that he is not an idealist and that he knows that the role of political might will not disappear, Varadi said that just moving the border between justice and injustice slightly would be considered a success for international law.

On the other side, Slovenian President Danilo Turk says that International Court of Justice (ICJ)"will not make final conclusions about the secession" of Kosovo.

This, would be because recognitions of the Kosovo Albanian unilateral independence declaration are "a matter of sovereignty of every individual state".

"The court can analyze the circumstances of the proclamation of independence, it can state its opinion about those circumstances but it cannot prescribe the policy of recognition to the countries. That is why we cannot expect too much from the advisory opinion of the court in The Hague," he said.

Turk, a professor of international law, said that the issue of unilateral secession was "always disputable" and related to political tensions, and "in that sense dangerous to the world peace".

Slovenia has recognized Kosovo.