Serbia Threatens ICJ Litigation Over Kosovo Independence
This month, Kosovo is planning to declare independence with the support of the EU and the United States. Russia and Serbia are dead-set opposed and Russia in particular is making all sorts of ugly noises about any potential Security Council resolutions on this topic.
Serbia is also getting ready to try to block independence, although it seems like they have less leverage over the US and EU. One interesting possibility recently floated by Serbia’s prime minister: an application to the International Court of Justice to rule on the legality of Kosovo’s declaration of independence.
As a practical matter, NATO removed Kosovo from Serbia back in 1999. But as a formal matter, everyone has played along with the legal fiction that Kosovo is still part of Serbia. I’m not exactly sure what a Serbian ICJ claim might look like, but it might prove an interesting side story to this looming international crisis.