02 Dec ICJ Begins Advisory Proceedings on Kosovo
I will write on this at greater length in a couple of days after a few of the key parties have made their arguments. For now, I just want to note that the oral proceeding transcripts will be available here. In the Tuesday morning session (which is all that has been posted at the time of this writing), Serbia set out its argument.
Without having gone in depth into Serbia’s argument, I do note that they seem to be staking out a claim that the declaration of independence made by Kosovo’s Parliament is itself illegal under international law, violating both the territorial integrity of Serbia and falling afoul of UN Security Council Resolution 1244 (which I have analyzed here). Given that most international lawyers tend to argue that secession itself is neither legal nor illegal under international law (or, put another way, that international law is silent as to the legality of secession), I am interested in both reading the oral statements at greater length, as well as the written submissions to see how Serbia constructed this argument.
More to come…