Tadic officially asks the UN General Assembly to back its ICJ initiative

Serbian President Boris Tadic on Tuesday formally asked the U.N. General Assembly to back a resolution asking the International Court of Justice (ICJ) to render an advisory opinion on the question: "Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?"

(KosovoCompromise Staff) Wednesday, September 24, 2008

In his address before the 63rd Session of the United Nations General Assembly, Tadic underscored that Serbia is confident that sending the Kosovo question to the ICJ would prevent this crisis from serving as a deeply problematic precedent in any part of the globe where secessionist ambitions are harbored.

"We also believe that an ICJ advisory opinion would provide politically neutral, yet judicially authoritative guidance, to many countries still deliberating on how to approach Kosovo's UDI in line with international law," said Tadic.

According to him, the UN General Assembly's vote in support of this resolution would serve to reaffirm another key international principle at stake: the right of any member state of the United Nations to pose a simple, elementary question on a matter it considers vitally important-to the competent court.

To vote against is in effect to vote to deny the right of any country-now or in the future-to seek judicial recourse through the UN system. To vote against means to accept that nothing could be done when secessionists in whichever part of the world proclaim the uniqueness of their cause, and claim exception to the universal scope of international law. Such an attitude could lead to the end of the United Nations system as we know it," cautioned Tadic.

 "The sacrosanct character of the foundational doctrine of sovereign equality, and its accompanying binding obligation to respect each other's sovereignty and territorial integrity, constitutes the very nature of the enduring legitimacy of the United Nations. This has not changed, and I believe it must not change-unless we seek to overthrow the Charter and overturn the global legal order upon which it is built," said Tadic.

President Tadic described Kosovo as a territory that for the Serbian people stands at the crucible of their identity.

"It is the essential link between our proud national past and our proud European future. It is what ties the living tradition of Serbia to itself today," said Tadic.

Tadic recalled that the Albanian leaders in Kosovo decided to make an attempt at secession in February:

"The attempt at secession took place on February 17th 2008, in direct violation of the United Nations Charter, the Helsinki Final Act, and Security Council resolution 1244 (1999).

Kosovo's ethnic Albanian leaders chose to take this unilateral step after walking away from the negotiating table. They believed that if they walked away, the path to securing independence would open up before them. They believed it, because that's what they were told. And they believed it because an artificial deadline on the talks was affirmed from the outside after which, if no compromise solution was reached, Kosovo's independence would be imposed."

"Kosovo's unilateral declaration of independence, or UDI, amounts to an attempt at partitioning a member State of the United Nations against its will, and with disregard for the firm opposition of the Security Council, in order to appease a volatile and threatening ethnic minority," said Tadic.

"We all know that there are dozens of Kosovo-s throughout the world, just waiting for secession to be legitimized, to be rendered an acceptable norm. Many existing conflicts could escalate, frozen conflicts could reignite, and new ones could be instigated," cautioned Tadic.

Tadic said that Serbia rejects the argument that Kosovo is sui generis - that it is a unique case, adding:

"But the truth is, this comes down to saying that Kosovo is an exception to international law - that Kosovo should stand beyond the rules that govern the behavior of the international community. The Republic of Serbia rejects this claim, believing that no one should permit himself the right to declare such exceptions, especially in defiance of the Security Council's position."

President Tadic also said that Serbia had opted for a peaceful response to the threat against its territorial integrity, for the use of international law as a weapon.

"While rejecting violence and unilateralism categorically, we are equally emphatic in demanding that justice be delivered through the proper legal means at the disposal of any member State of the United Nations," said Tadic.

In regards to the deployment of the European Union mission in Kosovo, Tadic said that Belgrade supports European engagement, but underscored:

"In order for Europe's presence in Kosovo to be fully anchored within an acceptable, legitimate framework, it is vital that its mandate be approved by the Security Council."

"While the ICJ deliberates on the legality of UDI, Serbia will remain a good-faith partner in the interim administration of our southern province," said Tadic.

"The functionality of a reconfigured international civilian presence under the overall authority of the United Nations, as defined by resolution 1244, is of great importance to my country. It must remain status-neutral, and therefore cannot be based on the so-called Ahtisaari Proposal, which was rejected by Serbia and not approved by the Security Council. We will work with the member States and the Secretariat to ensure that we achieve consensus in the near future on the international civil presence in our southern province," Tadic also said.

Tadic concluded that the central strategic priority of the Republic of Serbia is rapid accession to the European Union, which is why Belgrade insists on European democratic values and reversing of the Balkanization of the Balkans.

"As a country that is the largest successor to a co-founder of the Non-Aligned Movement, Serbia will work hard to contribute to a more equitable global community devoted to advance the democratization of international relations, economic and social development, and human rights," said Tadic.

"Such a vision can only be built on the firm foundation of the universal principles of sovereign equality, solidarity and international law within the framework of the United Nations," concluded Tadic.