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Prof. Dr  Wolfgang Schumann

19.11.08: 'Balkan wars' move to UN court - 0 views

  • Battlefields are no longer the place to solve conflicts in the Balkans. In recent days and weeks, several bilateral conflicts involving countries in the region, which are also hindering their EU accession prospects, are moving to more dignified surroundings: the International Court of Justice at the UN.
  • Background: The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.  The seat of the court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York .  The court's role is to settle, in accordance with international law, legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies.  Although the UN International Court of Justice's opinion is advisory, without binding effect, it nevertheless remains that the authority and prestige attached to the court's advisory opinions, especially when the organ or agency concerned endorses that opinion, means that its decisions are often sanctioned as such by international law. 
  • In a very short timeframe, several conflicts between Balkan countries have been referred to the UN's highest court.  In the first of a recent string of lawsuits, Serbia tested the legality of Kosovo's unilateral declaration of independence before the Hague Tribunal in October (EurActiv 09/10/08), while on Monday (17 November), Macedonia instituted proceedings against Greece after its neighbour long-time foe had blocked its NATO bid over a name dispute (EurActiv 02/04/08).  Yesterday (18 November), Croatia won the right to sue Serbia for genocide after the court ruled that it had the legal power to decide on the case. In return, Serbia indicated that it would sue Croatia for war crimes. 
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  • Olli Rehn, the EU enlargement commissioner, recently expressed regret over this practice, adding that he would prefer to see bilateral issues solved in a bilateral framework (EurActiv 06/11/08). 
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