There have been strong reactions to the International Court of Justice advisory opinion on Kosovo's declaration of independence, rendered on 22 July 2010. The ruling, which held that the Kosovo declaration of independence was not in violation of international law, drew praise from some quarters and negative reactions from other quarters led by Serbia and other states which said their position would not change.
Involved parties Involved parties Response After the ICJ Verdict, President Fatmir Sejdiu said the decision was positive and that it "explicitly on all counts spoke in favour of the right to freedom and self-determination of the people of Kosovo". He called on the countries that had not recognised Kosovo, as well as Serbia, to "join the common vision of the countries in the region in their position regarding the bright future and speedy Euro-Atlantic integrations". Prime Minister Hashim Thaci, who was in the US during the announcement, said the opinion would "sober" Serbia. "The best choice for Serbia is to recognize Kosovo as soon as possible, so they can cooperate and help each to integrate with the European Union." Deputy prime minister Hajredin Kuqi said "There is no dilemma anymore, even for the people of Serbia and the government of Serbia. We need to support each other for EU integration. [The government of Serbia has peddled] myths [about Kosovo and should now] move forward." Foreign Minister Skënder Hyseni released a statement: "We welcome the Opinion given today by the International Court of Justice. The Court found, by a large majority, that the Declaration of Independence of Kosovo did not violate international law. The Opinion is explicit and clear and leaves no room for doubt. The International Court has found in Kosovo's favour on all points. We now look forward to further recognitions of Kosovo. We call upon States that have delayed recognising the Republic of Kosovo pending the Opinion to move forward towards recognition. Nothing in the Opinion given by the Court casts any doubt on the statehood of the Republic of Kosovo, which is an established fact. It is clear that Kosovo's independence has not set any precedent. Kosovo is and has always been a special case. Kosovo's independence is in the interests of the whole of the Western Balkans. The future of both Kosovo and Serbia lies within the European Union and NATO. For that there must be good neighbourly relations. That is what we seek. It is now for Serbia to live up to its responsibilities. I wish to reaffirm Kosovo's willingness to discuss with Serbia practical matters of mutual interest. Any discussions with Serbia must be on an equal footing and on a State-to-State basis.""Statement by the Foreign Minister of the Republic of Kosovo, H.E. Mr Skender Hyseni, on the ICJ Opinion of 2010" mfa-ks.net 2010 Link retrieved 2010 He also added that "I expect Serbia to turn and come to us, to talk with us on so many issues of mutual interest, of mutual importance. But such talks can only take place as talks between sovereign states." Shkendije Géci Sherifi, Kosovo's ambassador to Hungary, said the ruling paves the way for more recognition and ultimately UN and EU accession, and it "proved that Kosovo did not breach international law and had the legitimate right to become a state. The ICJ decision will open a new path for Kosovo. Many states who were reluctant to recognise Kosovo because they were thinking that our independence is in contradiction with international law can now rethink their position." A protest rally was called by Serbs of Kosovo in Mitrovica. They were also allegedly preparing an armed response in case jubilant Albanians tried to cross the Ibar river which divides the city. Following the opinion helicopters from the NATO-led peacekeeping force circled above the city. In the Serbian Orthodox monastery of Visoki Decani, Father Sava said he feared for the church's security. "We are in serious danger because we are seen as a symbol of Serbia, even though we are not acting politically." President of Serbia, Boris Tadić stated that "The decision of the International Court of Justice that a unilateral declaration of Kosovo's independence does not violate the international law is difficult for Serbia. However, it is clear that the Court has not ruled on the right of secession, but chose to discuss only the technical content of the Declaration of Independence. The text of the declaration itself does not violate international law, as it does not mention it. Consequently, the Court has avoided substantive comment on the issue and left it and all the political implications of the matter to the highest authority of the United Nations – the General Assembly. The political conclusion is now left for the UN General Assembly. Of course Serbia will never recognise the unilateral declaration of independence because we believe that unilateral secession that is ethnically motivated, is not in accordance with the principles of the United Nations. The question is whether this decision will have implications for world order? If such a decision would be read in light of what will be interpreted in Pristina, it will have major implications for the secessionist movements in the world. However, since in reality the Court did not consider the question of secession, the political implications will be discussed at the UN General Assembly." He added that Serbia would not recognise the unilateral proclaimed independence on the ground that "it believes that unilateral, ethnically motivated secession is not in accordance with the principles of the United Nations." He also announced that Serbia will call for talks for the solution of this historical problem and the Serbian-Albanian conflict. Serbian Foreign Minister Vuk Jeremić reiterated his country's position that they "will never recognise Kosovo's independence." He also expressed disappointment saying that Serbia wanted a "peaceful compromise solution" that did not set "dangerous secessionist precedents" for other parts of the world. However, he also added that "It is of crucial importance to keep the peace and to stabilise the entire territory of the province (Kosovo)," Vuk Jeremic, Serbia's foreign minister said. "It is crucial that our citizens do not react to provocations." He had previously said "Serbia will not change its position regarding Kosovo's unilateral declaration of independence and necessity of a compromise. Our fight for such a solution will probably be long and difficult, but we will not give up." He additionally warned that the ruling could encourage separatist movements to "write their [own] declarations of independence."
An emergency parliamentary session was called for July 26 to discuss the opinion of the ICJ. The parliament was to give its own opinion on the decision and on the continuation of activities towards defending its sovereignty and territorial integrity. An emergency meeting of the government the day after the ruling decided that the government would submit an act to the parliament in order to try to achieve unity regarding the question of Serbia's territorial integrity among all state structures. Before the session Parliamentary Speaker Slavica Đukić Dejanović said the Serbian Parliament finds that a sustainable and mutually acceptable solution for Kosovo-Metohija should be reached through peaceful negotiations in line with the Constitution of Serbia. She also said the government's draft decision on the ICJ opinion reflects a stand that issues regarding sovereignty should be resolved through international law institutions and not through political influences. The session was attended by 215 out of 250 MPs to discuss the draft resolution which calls for "negotiations that would lead to a lasting solution and historical reconciliation between Serbs and ethnic Albanians" and "calls for national unity and announces that all available diplomatic and political means will be used to preserve Serbia's sovereignty and territorial integrity." The government proposed that Serbia submit a resolution to the UN at the General Assembly opening meet in September to push for a compromise solution to the problem of Kosovo. President Boris Tadić, Prime Minister Mirko Cvetković, all members of the government and the Head of Serbia's legal team before the ICJ, Dušan Bataković, were also present for the debate. The session was preceded by meetings with parliamentary groups, which was attended by the whips and their deputies. Shortly after the meeting began, the opposition Serb Progressive Party leader Tomislav Nikolić left; he was followed by the Democratic Party of Serbia whip Miloš Aligrudić and Serb Radical Party whip Dragan Todorović. Jeremić then addressed the MPs saying "55 countries are one step away from recognizing Kosovo [but the government is] doing everything" to prevent that. He said that Serbia's state organs were to be tasked with winning over a majority of countries at the UN General Assembly to vote in favour of the draft resolution, "after which it will be clear that the ICJ did not give (ethnic) Albanians a right to secede from Serbia." A resolution was adopted calling on the government to continue its activities defending the sovereignty and territorial integrity of the country. 192 voted in favour, 26 against and 2 abstained. The Serbian Orthodox Church called for bells to be rung out.
Former republics of Yugoslavia