Saturday, December 05, 2009

Kosovo Case at ICJ: Public hearing transcripts

1. Kosovo's Arguments

2.Serbia's Arguments

3. Arguments by Albania, Germany, Saudi Arabia and Argentina

4.Arguments by Austria, Azerbaijan and Belarus

5.Arguments by Bulgaria, Brazil, Bolivia and Burundi

Bulgaria Summary of main Arguments( as presented by Dr. Zlatko Dimitroff  Director of the International Law Department, Ministry of Foreign Affairs).

a)."there can be no doubt that the decision to recognize Kosovo, taken almost two years ago, was the right one. It is quite wrong to argue that the great majority of States opposed the declaration of independence. The fact is, that one third of the United Nations Member States have already recognized Kosovo while many others have not yet taken a position." ( refuting false Serb arguments that most countries are against Kosovo's Independence by the mere fact that the have not taken a position)

b). " With Resolution 1244 the overall sovereignty of the FRY over Kosovo was suspended. Res. 1244 authorized the United Nations to facilitate a political process that will determine Kosovo’s future status “taking full account . . . of the Rambouillet accords” ( Rambouillet accords state that the will of the people of Kosovo should be taken into account when final status is resolved)

c)."It is commonly accepted that declarations of independence are a matter of fact that are neither prohibited nor authorized by international law. A declaration of independence is an expression of will by an entity aimed at the creation of a new State. Whether this result will be achieved depends on a number of conditions and prerequisites,among which are population, territory, effective government over this territory and recognition by other States. The issuance of the Declaration of Independence is governed only by domestic constitutional law."

d)."It is wrong to associate unlawfulness in domestic law with international unlawfulness. It is also wrong to state that the agreement of the parent State is a condition sine qua non for the birth of a new sovereign State. Suffice is to mention the example of the States that emerged from the break-up of the Soviet Union and the former Yugoslav Federation" ( Croatia and Bosnia succeeded without asking Serbia).

e). "Territorial integrity applies only to inter-State relations and it is not related to events within States." ( This is Serbia's main argument, but international law does not regulate infernal affairs of states -only cross country relations).

f). "Resolution 1244 did not preclude any of the possible outcomes for the future status of Kosovo."

g). "The territorial integrity of Yugoslavia is mentioned in resolution 1244 in connection with the interim period."