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Vuk Jeremic: Kosovo's Disastrous Precedent

[Mr. Jeremic is the foreign minister of the Republic of Serbia.]

On Feb. 17, 2008, the ethnic-Albanian authorities of Serbia's breakaway province of Kosovo unilaterally declared independence against the will of the U.N Security Council and in contravention of my country's constitution. We made it immediately clear that we would never recognize the unilateral declaration of independence, implicitly or explicitly. This position will not change. Serbia will continue to use all diplomatic resources at the disposal of a sovereign state to oppose Pristina's attempt at partitioning our country. No democratic and proud nation—whose territorial integrity is under threat—would act differently.

From the onset of this grave crisis, we responded to the unilateral declaration of independence peacefully. In October 2008, the General Assembly of the United Nations overwhelmingly approved a resolution seeking the legal opinion of the International Court of Justice on the lawfulness of the unilateral declaration of independence.

After many months of deliberation, the court delivered its findings. It neither endorsed the view that this unilateral declaration of independence was a unique case, nor Pristina's claim that Kosovo is a state. Moreover, the court failed to approve the province's avowed right of secession from Serbia, or any purported right to self-determination for Kosovo's Albanians.

Instead, the court chose to narrowly examine the language of the unilateral declaration of independence. This strictly technical approach made it possible to say that the text of the declaration itself did not violate international law. The Kosovo Albanian authorities are deliberately misinterpreting the court's views as a legalization of their attempt at secession.

This may produce extensive and deeply problematic consequences for the international community. Ethnic minorities across the globe could take advantage of the opportunity to write their own declarations of independence according to the Kosovo textual template...
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