Q:
A:
Unilateral proclamation, recognition of Kosovo independence violates Resolution 1244
Belgrade,
11 February 2008
Legal advisor to the Serbian state team for negotiations on the status of Kosovo-Metohija and Director of the Swiss Institute of Federalism Thomas Fleiner stated that Serbia has an 80% chance of success if it files a suit against states which unilaterally recognise the independence of Kosovo-Metohija.
Thomas Fleiner
Author:
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In an interview for today’s edition of the daily Glas Javnosti, Fleiner stressed that in that case a lawsuit would be filed at the International Court of Justice in The Hague and explained that Serbia now has three options in case some states unilaterally acknowledge the province’s independence – a lawsuit at the International Court of Justice, arbitration or negotiations.
From my point of view, it would be best if Belgrade filed charges at the court in The Hague because I am 100% certain that a unilateral proclamation and recognition of Kosovo’s independence is legal violence over Security Council Resolution 1244, emphasised Fleiner.
He added that there are experts who claim that Serbia would win the case, as well as some who believe it could lose.
According to him, if Serbia chooses arbitration, then it should reach agreement on the third party with one of the countries which recognised Kosovo’s independence, for instance, Germany. This third party will be an arbitration committee or a court which Serbia could both rely on and trust, and the third party should decide who is right on this issue.
Serbia’s main argument is the legal one, and everything concerning the unilateral independence of Kosovo-Metohija must be based on legality, which is where Serbia’s success lies, stressed Fleiner.
From my point of view, it would be best if Belgrade filed charges at the court in The Hague because I am 100% certain that a unilateral proclamation and recognition of Kosovo’s independence is legal violence over Security Council Resolution 1244, emphasised Fleiner.
He added that there are experts who claim that Serbia would win the case, as well as some who believe it could lose.
According to him, if Serbia chooses arbitration, then it should reach agreement on the third party with one of the countries which recognised Kosovo’s independence, for instance, Germany. This third party will be an arbitration committee or a court which Serbia could both rely on and trust, and the third party should decide who is right on this issue.
Serbia’s main argument is the legal one, and everything concerning the unilateral independence of Kosovo-Metohija must be based on legality, which is where Serbia’s success lies, stressed Fleiner.
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