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The Government of the Republic of Serbia

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Declaration of Kosovo independence – gross violation of Serbian Constitution, Resolution 1244, UN Charter

Belgrade, 14 February 2008

Serbian Minister of Foreign Affairs Vuk Jeremic stated today that at the special session of the Security Council, to be held on occasion of the announcement that interim Kosovo institutions plan to declare independence on February 17, he will state Serbia’s stance that such an act would be a flagrant violation of the Serbian Constitution, Resolution 1244, the Helsinki Final Act and the UN Charter.

Prior to leaving for New York, Jeremic gave an interview for today’s edition of the daily Vecernje Novosti and said that at the Security Council session, he will warn of the consequences of setting such a perilous precedent and invite UN members to prevent this illegitimate act which will inevitably destabilise the region.

The Serbian government’s official web site gives an excerpt from the interview.

Can Serbia change anything by pleading to Security Council members before February 17?

Regardless of whether we can or cannot change anything, until the very last moment our efforts must be focused on doing all we can diplomatically to prevent such an illegitimate act because there is no alternative. That is our duty and we will continue to do that even after the possible declaration of independence.

Is there any chance that the Security Council will make a decision on Kosovo-Metohija, given that previous sessions ended without any being made?

I couldn’t say anything about the outcome of the session in advance. Serbia will state its firm stance and I hope we will have the support of a considerable number of Security Council members.

The government should decide today to annul the independence. What does that exactly mean?

For us, any form of the declaration of the province’s independence is illegal and violates Resolution 1244, the UN Charter and the Helsinki Final Act. Therefore, any such decision will be declared null and void and for us it will have no practical effect. Kosovo is a part of Serbia and Serbia’s borders will remain as they are.

How will that be feasible in practice?

The same way it is today. Serbia’s internationally recognised borders are known and they will remain unaltered, regardless of any decisions made by Kosovo’s interim institutions.

Is recognition of Kosovo a matter for the UN or for sovereign states, as the Slovene President has stated?

The defence of international law is conducted in the UN and if independence is declared, we will keep fighting for its abolishment in the UN, as well as at all international forums.

There has been talk of the possibility that EU foreign ministers may adopt a statement on the recognition of the province’s independence. Would this kind of “collective acknowledgement” hamper Serbia’s efforts to invalidate the independence?

From what I know about the EU legal system, the Union does not have the capacity to acknowledge it, because that is the sovereign right of states. Therefore, I do not expect the EU to adopt any act whose legal consequence would be the recognition of an illegitimately declared independence.

Will the government discuss the political agreement offered by the EU at today’s session or at a future one?

The Serbian government session will not be devoted to Kosovo-Metohija alone, though that will be the major issue. We will discuss other issues on the agenda, such as the economy and finance. EU integration will remain our priority, and the most important institutional step on this road is the Stabilisation and Association Agreement (SAA), the condition for which is cooperation with the tribunal in The Hague, and we are fully committed to that.

Will Serbia sign the SAA if Brussels offers it presently?

Serbia will sign it once all the conditions are met and the offer is made.

How will Belgrade react to the EU mission if it does come to Kosovo-Metohija?

The only valid representatives of the international community, with whom we will maintain relations, are UNMIK and KFOR, as well as the OSCE mission. Only the missions as defined in Resolution 1244 can be the Serbian government’s partners, until a new Security Council resolution decides otherwise.

If Kosovo Albanians declare an independent state and appoint a minister of foreign affairs, how would you react if you met that person at a gathering?

I will never have any contact with illegal institutions of any illegally declared state, such as the so-called Kosovo state.