A noteworthy sub-plot in the Kosovo situation is a plan by Serbia to ask the UN General Assembly to refer the issue to the International Court of Justice (ICJ) for an Advisory Opinion.
Serbia looks to be getting some handy noises of support for this manoeuvre from eg Russia and India.
And some Western voices are urging Serbia not to proceed.
See eg French Foreign Minister Bernard Kouchner. And HM Ambassador in Belgrade Stephen Wordsworth. Wordsworth calls the Serbia initiative a mistake and a ‘challenge to the EU’, although he does note that not all EU member states themselves have recognised Kosovo’s independence.
(Translation Note: in Serbian ‘Wordsworth‘ comes out as ‘Vordsvort’, something like a distant cousin of Voldemort. But I am pretty sure they are not in fact related.)
Back at Pristina University in Kosovo, Professor Enver Hasani is not too worried by Serbia’s ICJ idea:
… the goal of Serbia will not be achieved because the creation or destruction of states is a factual matter, not legal … the initiative of Serbia could falter at the General Assembly of the UN since the odds are good for more recognition to be added to the list by then. But even if Serbia succeeds in getting the decision it wants, that decision could only have moral power and does not oblige anybody …
These international legal tussles at the ICJ drag on interminably, but they are important symbolically and substantively.
There must be plenty of countries out there who find the Kosovo independence problem a real quandary, and who will be quite pleased if (a) nothing happens to force them to take a view one way or the other for years to come, and (b) the ICJ eventually pronounces for one side or the other (albeit on an Advisory Opinion basis) so they have the option to follow that lead in good conscience.
Plus if Serbia can get the Kosovo problem passed to the ICJ, it buys time and defuses the problem in Serbia’s domestic politics for a few years.
A handy outcome for Serbia. Not so good for Kosovo?










