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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. 

Pristina is still opposed to the compromise deal between Serbia, the European Union and the United Nations on the deployment of EULEX, the EU's police and justice mission in Kosovo, and its stance will not change, Kosovo's prime minister, Hashim Thaci, said on Sunday (16 November). "Kosovo will not change its position. It is the points of this plan that need to change. We have a state position and we will defend that position until the end," Mr Thaci was reported as saying by Serbian news portal B92.net.

Under pressure from Belgrade, the UN presented a revised six-point plan to Kosovo leaders last week, under which EULEX would be neutral regarding Kosovo's status and would enter the Serb-dominated parts of Kosovo. Pristina considers that the revised proposal clashes with its interests, however.

This summer came 10 years since Nato stopped bombing Serbia. Agreement was made that Serb forces leave Kosovo and the province will be administrated de facto international protectorate by UN being however under sovereignty of Serbia (UNSC resolution 1244). So ten years has gone, the province declared independence and EU is now implementing its agenda after UN’s modest try – or better say failure. As my picture about Kosovo is much more negative than high flown UN/EU reports a small update about Kosovo case is justified.

The Balkans country is engulfed in a bitter dispute over today’s election, which will determine whether it moves a step closer to EU membership, writes Tom Lynch.

ronically, perhaps the only consensus between Serbia’s political parties is that they all agree Kosovo should remain part of Serbia.Serbia is classified as a Potential Candidate Country by the EU, meaning that the EU recognises that Serbia will eventually join, once it is ready.On April 29, 2008, the EU signed the Stability and Association Agreement (SAA) with Serbia. The SAA is the first step on the road to EU membership, and also guarantees certain benefits - in the form of EU funding and trade liberalisation.In an added incentive, 16EUmember states have also offered visa-free travel for Serbian people.The agreement was pushed through, despite some members’ opposition, to counter the growing popularity of the nationalist Serbian Radical Party and New Serbia Party, and the overarching fear that Serbia might turn its back on the EU.The SAA will not come into force until Serbia arrests and hands over Ratko Mladiæ , former chief of staff of the Bosnian Serb army - who is wanted over the 1995 Srebrenica massacre - to the UN war crimes tribunal in The Hague, so it does not represent much of a real breakthrough. This has long been a sticking point in the EU-Serbia negotiations.

Prime Minister Mirko Cvetkovic outlined the new Serbian government's somewhat conflicting priorities of quick accession to the EU and keeping Kosovo part of Serbia in his first speech in Parliament on 7 July. But Kosovo is already recognised as an independent country by a majority of EU states.

Serbia is stepping up its resistance towards the idea of Kosovo becoming independent, with the country's prime minister Vojislav Kostunica sending a clear warning to the European Union - either it backs Belgrade or Pristina.

"The EU must choose...whether it will sign a Stabilisation and Association Agreement (SAA) with Serbia or, under the United States' pressure, send a mission to implement [a plan for] supervised independence of Kosovo, snatching part of Serbia's territory", the statement says.

Albania formally applied to join the European Union yesterday (28 April), embarking on a lengthy path toward membership of the bloc, which is still digesting past enlargements and finds itself engulfed by economic crisis at present.

Background: Applications for EU membership are usually filed in coordination between the applicant country and the European Commission. Besides Albania, the only countries in the Western Balkans who have yet to file membership applications are Serbia and Bosnia and Herzegovina. Kosovo, which declared independence in February 2008, is a special case, as it has not been recognised by all EU countries.  Last December, Montenegro surprisingly filed a formal application for EU membership during the final days of the French EU Presidency, despite the fact that the subsequent Czech Presidency is more supportive of the Balkan country's accession bid (EurActiv 16/12/08). Montenegro's move was widely expected to encourage Serbia and Albania to follow suit by formally applying for EU membership too.  Taking advantage of the pro-enlargement Czech EU Presidency, Albanian Prime Minister Sali Berisha announced last month that his country would present its European Union membership application before the end of June (EurActiv 10/03/09).  In an exclusive interview with EurActiv, Erhard Busek, special enlargement adviser to the Czech EU Presidency, recently confirmed that Tirana was preparing to file its application (EurActiv 17/04/09).  Albania is one of Europe's poorest countries, and faces an uphill struggle to join the EU. Brussels remains unconvinced of the West Balkan country's democratic credentials. 

EULEX, the EU's mission in Kosovo, is experiencing difficult times as more than 20 of its vehicles were overturned and damaged by ethnic Albanian extremists yesterday (25 August). Moreover, Serbs living in the northern part of the province have demanded the departure of the Union's representatives.

An agreement to be signed between EULEX and Belgrade, designed to help solve a 'visa problem' for Serbian nationals, apparently became an irritant for Albanian extremists, who overturned 28 SUV cars belonging to the EU mission in the capital Pristina.  Many Albanian Kosovars insisted that it was up to Kosovo, not EULEX, to sign any international agreements

The Serbian authorities however have also come under fire of Serbian extremis circles, who claim that its signing the agreement amounts to the recognition of Kosovo by Belgrade. "The only goal of the agreement is to have an adequate exchange of information with EULEX, in the goal of stopping all possible incidents and conflicts in the province," said Goran Bogdanović, Serbian minister for Kosovo. He made clear that the agreement was needed to allow Brussels to lift visa requirements for Serbian nationals, and expressed hope that the document would be signed soon. 

The Commission presented new measures on 5 March to accelerate EU pre-accession preparations with all the Western Balkan countries, including visa liberalisation, negotiations on a 'Transport Community' and better funding for education exchange.

Regarding Bosnia, the Commission hopes that the Stabilisation and Association Agreement will be signed by EU ministers this April (EurActiv 29/02/08). Rehn said the main condition, cooperation with the International Criminal Court for the former Yugoslavia (ICTY), had reached "a generally satisfactory level".  Rehn also reiterated the clear membership perspective for Kosovo and Serbia, saying that the latter plays a "key role" in the region. The Commissioner, however, urged Serbia to reaffirm its European commitment, responding to moves by leading Serbian politicians to reject deeper EU relations unless the bloc supports Serbia's claim to Kosovo. 

Links European Union Commission: Communication on the Western Balkans: Enhancing the European Perspective (5 March 2008) Commission: Press release: Western Balkans: enhancing the European perspective