Belgrade’s strategic mistake: formulation of the question of Kosovo’s independence before the International Court of Justice

WASHINGTON – Belgrade made a strategic mistake when, after Kosovo’s self-declaration of independence, it asked the International Court of Justice (ICJ) to rule on the legality of that unilateral decision, instead of asking the court to consider whether it was legal for Kosovo to secede from Serbia. , write ” National interest ” (National interest).

Had the ICJ decided that Kosovo violated international law by secession from Serbia, the great European powers would find themselves in an extremely uncomfortable position if they had to defend a procedure that was unequivocally declared illegal under international law, writes the American magazine in the text, which makes a comparative analysis “the case of Kosovo” with the case of Nagorno Karabakh.

On the other hand, if the court declared the secession of Kosovo legal, it would “tear down the dams” of many other secession countries in the world, adds the US newspaper.

Thus, according to the National Interest, Serbia’s error led the court to avoid ruling on the key issue of the legality of secession, but has already taken the most prudent position possible, claiming that there is no violation of international law in the declaration of independence, unless explicitly prohibited by the UN Security Council.

In essence, the declaration of independence is, as the Washington newspaper adds, “a question of freedom of expression.”

From time to time, all parties have argued that Kosovo is a unique case, not a formal legal precedent, and the reference to that in the Nagorno Karabakh case shows a reluctance to acknowledge that reality.

When the Western powers backed Kosovo’s independence, they unequivocally warned that Kosovo was a sui generis (single case), a special case that, under international law, could not be exploited under any circumstances in other situations.

However, that has not stopped separatists in other parts of the world from invoking the case of Kosovo whenever it seems like an opportunity.

(Kurir.rs/Tanjug)

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