Countries face off over Kosovo

AP

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THE HAGUE, Netherlands (AP) — The United States and Russia faced off over Kosovo at the United Nation’s highest court with the U.S. arguing the world should honour Kosovo’s declaration of independence while Russia insisted it was still part of Serbia.

The Hague, Netherlands–based International Court of Justice, widely known as the World Court, has been asked to give its opinion on whether Kosovo’s unilateral 2008 declaration of independence was legal.

The U.S. and Russia are two of 29 countries — including all five permanent members of the UN Security Council — weighing in on the matter before the court rules next year.

The case is being closely watched not only because the decision has the potential to upset the delicate peace in the former Yugoslavia but also because other countries with independence–minded provinces, like Russia, China and Spain, fear that Kosovo could set a precedent.

Representing the U.S., State Department lawyer Harold Koh said a declaration of independence is not something governed by international law but "fundamentally a political act ... which states then decide whether they should recognize or not."

"We therefore urge this court to leave Kosovo’s declaration undisturbed by refusing to issue an opinion or by simply answering in the affirmative, that Kosovo’s declaration is in accordance with international law," Koh told the 15–judge panel.

Outside the courtroom, Koh said that Kosovo’s move was an expression of the reality on the ground and was justified, given historical abuses of the area’s non–Serb population under Serb rule.

The United States and most European Union states have recognized Kosovo’s independence. Serbia, backed by Russia and a majority of the other countries in the world, is against recognizing it.

Kosovo warned that if its declaration is deemed illegal it could lead to a renewal of violence in the region.

Hearings continue through 11 December.