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Jeremic submits resolution proposal on Kosovo to UN General Assembly official procedure

Belgrade/New York, 15 August 2008

Serbian Minister of Foreign Affairs Vuk Jeremic has submitted today in New York to the UN General Assembly official procedure Serbia’s resolution proposal requesting the opinion of the International Court of Justice (ICJ) on the legality of Kosovo’s independence.

Vuk Jeremic

Author: Fonet

The text of the resolution reads as follows:

Reflecting on the goals and principles of the UN, bearing in mind the functions and power in line with the UN Charter, we recall that on February 17, 2008 the provisional institutions of self-government of Kosovo proclaimed independence from the Republic of Serbia.

Aware that this act was received differently by UN members in relation to its harmonisation with the existing legal order,

We decide to request from the ICJ, in line with Article 96 of the UN Charter and Article 65 of the ICJ Statute, to give an advisory opinion on the following question:

“Is the unilateral declaration of independence by provisional institutions of self-government in Kosovo in accordance with international law?”

With the handover of the resolution proposal, Serbia has started the official procedure in the General Assembly that will look into the resolution in September.

In an interview to the FoNet news agency, Jeremic specified that with this proposal resolution Serbia demands that the UN General Assembly asks the ICJ to state whether Kosovo’s unilateral proclamation of independence was in line with international law. He voiced hope that Serbia will have a majority for its initiative in the UN General Assembly despite resistance from the most powerful countries which have put Belgrade under unprincipled pressure.

We believe that international law is on our side and therefore we want the whole process of resolving Kosovo’s status to be transferred to the international legal field because that is where our strongest arguments lie, said Jeremic.

According to him, this is one of the most important initiatives regarding the safeguarding of Serbia’s territorial integrity and sovereignty.

Serbia’s policy on Kosovo is clear. It is a policy of continuity with the previous government. We will do all we can to fight for the preservation of our sovereignty and territorial integrity by legal, diplomatic and political means, he stressed adding that it will be difficult to win over a majority at the September UN General Assembly.

The first battle will be at the General Committee, which prepares the agenda of the session, and where we will have to have a majority vote for Serbia’s initiative in order for it to be put on the agenda.

It will not be easy as some of the most powerful countries in the world are opposed to Serbia’s initiative, he said and added that Serbia’s position is principled because it implies the use of peaceful and diplomatic means in the struggle to retain Kosovo within Serbia.

We did not resort to the use of force, we did not impose economic sanctions on secessionists in the province and thus we deserve the moral right to do what any country should be allowed to do – fight for its national interests in international institutions, he stressed.

Asked whether Serbia would have a majority if the UN General Assembly were held today, Jeremic replied that he does not want to guess or speculate considering that the process is a very complex one.

The UN General Assembly is the most complex international body and until the very last moment it will not be known for certain what the outcome of the voting will be like, said Jeremic and added that Serbia has strong arguments and the support of a considerable majority at the UN.

We will do everything to get the majority. We mean to fight not only for the preservation of our national interests, but also for the preservation of the international legal institute that a country, who wants the ICJ’s opinion, is allowed to have it, he said.

He also said that the text of Serbia’s proposal resolution is very concise, does not contain any political stances and merely states that Kosovo institutions declared independence on February 17.

According to him, Serbia will ask the ICJ whether the declaration of independence was in line with international law, and will invoke the basic UN documents.

Jeremic noted that the resolution will not put UN members in a situation where they would have to vote for or against Serbia’s political stance on Kosovo’s status.

The countries will state their stances at the General Assembly and at the General Committee. A simple majority is necessary and I hope we will have it, he said and recalled that the UN General Assembly is made up of 96 UN members.

The Minister said that a difficult task is awaiting Serbia and recalled that the UN General Assembly will be held during the last week of September and that every vote will count.

According to him, it will be a precedent if Serbia is prevented from addressing the ICJ.

The UN General Assembly has always answered positively to such requests. I hope it will be the same this time, stressed Jeremic and added that states that have recognised Kosovo are mostly opposed to Serbia’s initiative to ask the ICJ for its opinion on the matter.

He stressed however that some of those who recognised independence think that no country should be prevented from asking the ICJ for opinion and that the pressure on Serbia is unprincipled because Serbia adheres to international law and behaves responsibly.

Serbia has in no way endangered peace and stability in the region, which is why we have the full right to insist on our initiative, concluded Jeremic.