Serbia’s ICJ bid on Kosovo seen as ‘parking the issue’

Analysts say Belgrade is stalling in order to get its foot through Europe’s door

By Patrick Worsnip - Reuters

UNITED NATIONS – Serbia’s bid to have the International Court of Justice (ICJ) say whether Kosovo’s independence is legal is a clever move that buys time for Belgrade as its new pro-Western government seeks to join the European Union, diplomats say. But the attempt may not play well either with those countries – mainly in the West – that have recognized mainly ethnic Albanian Kosovo since its leaders declared independence from Serbia in February or with the majority that have not.

Serbian Foreign Minister Vuk Jeremic announced at an August 15 UN news conference the plan to seek an advisory opinion from The Hague-based ICJ.

Although the opinion would not be legally binding, Jeremic said Belgrade would abide by it – an apparent show of flexibility after repeated declarations by Serbia that it would never agree to ceding Kosovo.

For the case to even get to the ICJ it has to clear several hurdles. Only the UN General Assembly can seek an advisory opinion, and first the assembly’s general committee must decide whether to put it on the 192-nation body’s agenda.

The committee is expected to do that in mid-September, and should it rule in favor, the assembly is likely to vote some time in the fall on whether to approach the ICJ.

Jeremic’s news conference marked at the very least a change of tone by Serbia. By contrast with some previous emotional appearances by Serbian leaders at the UN, the minister, speaking in fluent English, was calm and smiling.

“Our people can try and resolve (the issue) by using force. We have tried that in the Balkans in the 1990s. We don’t want to go down that path again,” he said. “We want to use diplomacy; we want to use international law.” The aim was to create “clear guidance” for the world community, he said.

UN diplomats said Belgrade’s move was clearly tied to its quest to join the EU. At present Serbia wants Brussels to ratify a Stabilization and Association pact signed in April that is one step on the road to membership.

Kosovo, with all its historical baggage, is more problematic, diplomats said. “The Serbs want to park the issue of Kosovo for two to three years,” one said, referring to the likely time it would take for the ICJ to issue an opinion.