Sunday, July 25, 2010

So What Now?


After the ICJ ruling on July 22nd that favored Kosovo's independence declaration (you can read all the judges' opinions here) it is unknown how this will turn out for Kosovo at the UN General Assembly meeting in September. Serbia, Russia, China, Spain, and Romania, to name a few, have all declared that they will not change their stances on Kosovo, meaning that they will not recognize the independence of Kosovo. Obviously Russia and China are the big players, since they hold vetoes in the Security Council and as long as they keep vetoing Kosovo's application for statehood, Kosovo's independence and creation of a new state will not be legal internationally. (And as of today, no new country has recognized Kosovo since the ICJ day.)

Which brings me to a good point, as so many have already commented, the ICJ neglected to say anything on Kosovo becoming its own state, rather that they were able to declare their own independence without breaching international law. Therefore, as much as the ICJ ruling was a win for Kosovo, it still did not say that Kosovo was a legal state. A Swiss law professor, Jörg Künzli, explains the outcome in this interview in layman's terms. So basically Kosovo's status is still up for debate, although Kosovo President Sejdiu has announced that Kosovo will apply for UN membership in 2011. Until then, new status talks between Kosovo and Serbia will take place in the Fall and Winter, along with the EU and US looking over their shoulders.

Former President Ibrahim Rugova (Kosovo's first post-war president as an autonomous region), who was critical in forming a government of Kosovo in the 1990s and creating a pathway towards independence. As happy as he would be that the ICJ ruled Kosovo's declaration of independence legal under international law, he will not rest entirely in peace until the status talks have concluded and Kosovo is truly a legal state.

PS: my time grows short in Kosovo. I still plan on writing on some aspects of Kosovo life for the time being, but some time in the Fall will I transition to other international issues. Thank you for those who have followed this blog, I appreciate it and encourage you to keep doing so.

No comments:

Post a Comment