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Life in Kosovo discusses the International Court of Justice’s advisory opinion

22 July 2010   Life in Kosovo broadcast a live debate on the advisory opinion of the International Court of Justice (ICJ) on the legitimacy of Kosovo’s unilateral declaration of independence.

Among the questions discussed on the debate were: What is the ICJ's opinion? How will this affect recognitions of the state of Kosovo? Does Kosovo have a strategy for the future? What do the local political parties and civil society organisations say?

To discuss these topics, host Muhamet Hajrullahu was joined live in the studio by:

Jakup Krasniqi – president of the Assembly of Kosovo
Arsim Bajrami – Professor of Constitutional Law
Blerim Shala – Vice-president of the Alliance for the Future of Kosovo (AAK)
Haki Abazi – from the Rockefeller Brothers Foundation

The debate began with a discussion of the ICJ’s unexpected announcement of a 10- 4 vote in favour of Kosovo’s position. Mr.Krasniqi said this is some of the best news that Kosovo has ever received, and said that July 22 will become a date to remember for Kosovo.

“Maybe our expectations have been modest but, in reality, as elaborated by the ICJ, the entire political process that has been developed for Kosovo…and all the involvements of the international community have brought this result that is strongly in favour of Kosovo; not only the decision, but also the balance of votes…which showed that more than two- thirds of the judges voted that the declaration [of independence] on February 17 2008 did not clash with any principles of international law or any document by the Security Council,” he said, adding that he had expected the result to be positive, albeit not to the extent it turned out to be.

Mr. Bajrami agreed that this is “undoubtedly a huge victory for Kosovo,” before specifying that this is a second victory, following the declaration itself.

Mr. Shala praised ICJ President Owada on “his recapitulation of the state-building in these past three centuries…and the creation of the state of Kosovo in light of that process,” adding that Kosovo’s independence has come about through the process of ‘national self-determination’ of a nation that are under a repressive regime.


Mr. Abazi said that he had not expected a decision favourable to Kosovo, “especially after seeing the scepticism that has characterised the past two years,” adding that “the ICJ’s advisory opinion has finally moved Europe towards closing the gaps that have always caused it problems.”

Asked what the next steps will be for state building, Mr. Krasniqi said that the ICJ’s decision will give a strong impulse to Kosovo and its various communities.

 

He said that it is expected that this development will create easier opportunities for everyone to integrate into life in Kosovo, including the Serb minority. “Kosovo’s institutions must take this as a sign of support from a UN body that opens a new perspective for Kosovo in those countries that have been waiting for this opinion. Above all, Kosovo’s institutions must now focus on bringing economic stability to Kosovo,” Mr. Krasniqi concluded.

Mr. Shala said that Belgrade’s politicians and diplomats have been on the offensive since
Kosovo’s declaration of independence.

 

Now that the ICJ has given its opinion, “we must make a turn from a period when we were always in a defensive position, waiting for what will Serbia do and reacting to what they did. Now we have a great opportunity, thanks to the clarity of the advisory opinion of the ICJ, to go on our own [diplomatic] offensive”.

Mr. Abazi said that at a regional level, Kosovars must not announce ‘victory’ against Serbia, but rather establish a way to discuss the needs of Kosovo’s people.

Mr. Bajrami on the other hand said that he believes the ICJ opinion is Serbia’s final loss as far as Kosovo is concerned: “[Serbia] has lost several battles in Kosovo, such as the military battle, attempts to stop the process of independence, and today finally it failed to contest the legitimacy of [the declaration of] independence.”

Mr Bajrami added that he thought it would be good if Kosovo could begin the process of integration into the UN this autumn.

Asked how effectively Kosovo will be able to use the ICJ’s decision to its advantage, Mr. Krasniqi said that Kosovo will be able to fulfil all of its obligations, including those relating to cooperation with neighbouring states.

 

“It is of concern to Serbia how it will approach this problem, but [Kosovo’s representatives] have clearly said that [they] are interested in talking about technical matters, in the way two neighbouring countries do,” he said, adding that Kosovo will now drive to meet the criteria for European visa
liberalisation.

Mr. Shala said that the strategy for northern Kosovo must be put into practice, since it is now easier to do so.

 

However, he said that Kosovo’s top priority should be winning recognition as an independent state from those countries on the verge of doing so.

Asked whether Kosovo’s politicians and citizens can now relax, Mr. Abazi said that “there is no time for relaxation, as we are behind in all processes. Recognition is not just a number – it is an opening of doors to European [integration] processes”.

Mr. Shala said that the recalling of former KLA leader and president of the AAK party Ramush Haradinaj to the International Criminal Tribunal for the former Yugoslavia in The Hague was unexpected and has somewhat faded enthusiasm over the ICJ opinion.

Mr. Abazi went further, saying that “it is hard to understand why this happened so close to [the release of] the ICJ’s opinion,” although “what makes Kosovo unique in the region is that Mr. Haradinaj left his position as prime minister to visit the Court and has done the same again. This has not happened across the region – there are cases of people who have been in hiding for 15 years now.”

Other reports

Following the debate, Life in Kosovo broadcast an interview with Ivan Vejvoda, a member of a civil society organisation with strong influence over opinions in the Serb community.

Alban Selimi presented an investigative report into suspicious medicine sold in Kosovo, covering questions such as: How did Kosovar children consume ten thousand doses of ‘paracetamol’ that actually contained no active ingredients? How did the Ministry of Health buy this paracetamol? Who should be held accountable?


Also, Faton Ademi talked about a sewage flood in a Mitrovica neighbourhood.

 

Click here to watch

Life in Kosovo is a co-production between Kosovo Public Television, RTK and the Balkan Investigative Reporting Network, BIRN. It is broadcast every Thursday, starting at 20:20

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