Kosovo referred to ICJ

8 Oct

From the BBC ::

The UN General Assembly has voted to refer Kosovo’s independence declaration to the International Court of Justice.

The ICJ will be asked to give an advisory, non-binding opinion on the legality of Kosovo’s declaration of independence from Serbia in February.

Seventy-seven countries voted in favour, six against and 74 abstained.

[…]

Most EU countries abstained – Britain called Serbia’s request primarily political.

This is something of a diplomatic coup for the Russians (not to mention the Serbs).

As the United States and Russia continue to manoeuvre politically and militarily across Eastern Europe and Central Asia, many countries will again be forced to pick sides in what could become a new Cold War.

This is not lazy hyperbole. Who could have predicted that 5-years ago Russia would openly attack a US ally? It happened this summer, and many Eastern European countries are getting jittery as Russia continues to rebuild itself, thanks to its oil and gas receipts.

American primacy is over. Iraq, Afghanistan and the crisis on Wall St. have seen to that.

Internationalists hoped that globalisation, and the interconnectedness of international markets and trade, would lead to a peaceful transition from behemothic empire to collective prosperity and security. However, greed and hubris has meant this dream has collapsed.

We now see the nascent state of Kosovo referred to the International Court of Justice. Whether or not the case is legitimate is not for me to discuss, but to watch Russia and the U.S. use Kosovo as a political football is deeply worrying.

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2 Responses to “Kosovo referred to ICJ”

  1. gavin.whenman@googlemail.com October 10, 2008 at 8:47 am #

    “Whether or not the case is legitimate is not for me to discuss”Article 65 (1) of the ICJ Statute:”The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.”The General Assembly is authorised to make such a request. They’ve done so before (the Nuclear Weapons case and the Palestinian Wall case are two notable recent examples).There is at least a case to answer regarding Kosovo’s recognition, although I reckon the US/EU are on solid ground: http://www.gavinwhenman.com/2008/02/20/kosovo-and-international-law/

  2. gavin.whenman@googlemail.com October 10, 2008 at 8:47 am #

    “Whether or not the case is legitimate is not for me to discuss”Article 65 (1) of the ICJ Statute:”The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.”The General Assembly is authorised to make such a request. They’ve done so before (the Nuclear Weapons case and the Palestinian Wall case are two notable recent examples).There is at least a case to answer regarding Kosovo’s recognition, although I reckon the US/EU are on solid ground: http://www.gavinwhenman.com/2008/02/20/kosovo-and-international-law/

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