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WASHINGTON – Belgrade made a strategic mistake when, after Kosovo declared its own independence, it asked the International Court of Justice (ICJ) to rule on the legality of this unilateral decision, rather than asking the court to consider whether Kosovo’s secession from Serbia was legal. writes “National interest” (national interest).
If the ICJ were to decide that Kosovo violated international law by separating from Serbia, the great European powers would find themselves in an extremely awkward position if they had to defend a procedure that has been clearly found to be inconsistent with international law, writes the American magazine in the text that does “. the case of Kosovo ‘with the case of Nagorno-Karabakh.
On the other hand, if the court found Kosovo’s secession legal, it would “demolish dams” for many other secessionist countries around the world, adds the American daily.
Therefore, according to the “National Interest”, Serbia’s mistake led the court to avoid ruling on the key issue of the legality of secession, but has already taken the most cautious position, stating that there is no violation of international law in the declaration of independence, unless it is expressly prohibited by the UN Security Council.
In fact, the declaration of independence is, as the Washington newspaper adds, “a question of freedom of speech.”
From time to time all parties have argued that Kosovo is an exceptional case rather than a formal legal precedent, and the reference to this in the Nagorno-Karabakh case indicates a reluctance to recognize this reality.
When the Western powers backed Kosovo’s independence, they unequivocally warned that Kosovo is sui generis (an exceptional case) – a special case that under international law cannot be used under any circumstances in other situations.
However, this has not stopped separatists elsewhere in the world from invoking the Kosovo issue when it seems like an opportunity.