Serbian president Tadic's firm message on Kosovo at the UN

Sat, Feb 11 2012

Sat, Sep 26 2009 09:50 CET

byClive Leviev-Sawyer

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Serbian president Tadic's firm message on Kosovo at the UN

President of Serbia Boris Tadic addresses the 64th United Nations General Assembly at UN headquarters in New York, September 25 2009.

Serbian president Boris Tadic, addressing the United Nations General Assembly, thanked all UN states that had not recognised Kosovo as independent and, underlining that the International Court of Justice proceedings on the question were still underway, urged that there be no further recognitions.

Tadic pledged once again that Belgrade would never recognise Kosovo as independent, viewing the February 2008 unilateral declaration of independence in Pristina as illegal.

"I come before you as the president of a country that has become caught at the heart of one of the most dangerous challenges to the universality of the international system since the founding of the United Nations," Tadic told the General Assembly on September 25 2009.

What he described as Kosovo’s "attempt at secession" was, he said, in direct violation of Serbia’s constitution, and the basic principles of the UN Charter, the Helsinki Final Act, and Security Council resolution 1244 of 1999.

"Some say Kosovo’s UDI is a unique case. But in truth, it amounts to an attempt at forcibly partitioning a member state of the UN against its will—and with disregard for the firm opposition of the Security Council," Tadic said.

Kosovo’s UDI was an attempt to impose a 19th-century outcome to a 21st-century challenge, he said.

"Serbia will never, under any circumstances, implicitly or explicitly, recognise the unilateral declaration of independence of the ethnic-Albanian authorities of our southern province."

Serbia would continue to vigorously defend its integrity in a non-confrontational manner—using all peaceful means at its disposal, Tadic said.

"That is why, from the very onset of this grave crisis, Serbia ruled out the use of force."

Serbia, Tadic said, had chosen to respond to Kosovo’s UDI with "utmost responsibility and restraint".

Serbia had opted for a diplomatic approach—the result of which was that a vast majority of UN member states had not recognised Kosovo’s UDI, Tadic said.

"They have continued to abide by their UN Charter obligations to respect the sovereignty and territorial integrity of my country.

"On behalf of the Republic of Serbia, allow me once again to sincerely thank these countries for their adherence to the principles of international law," Tadic said.

He said that, while rejecting violence and unilateralism categorically, Serbia had been equally emphatic in demanding "that justice be delivered through the proper legal means at the disposal of any UN member state".

"As a part of our constructive approach, we decided to contest the UDI issue before the principal judicial organ of the United Nations, the International Court of Justice—tasked by United Nations General Assembly resolution to issue an advisory opinion on whether Kosovo’s UDI is in accordance with international law."

The International Court of Justice has concluded the preliminary, written phase of its proceedings in the Kosovo UDI case.

Verbal hearings are scheduled to begin on December 1 2009, with a decision by the Court expected to be sometime in 2010.

"Let me express my sincere gratitude to all those countries which have not recognised Kosovo’s UDI, as well as to those which have chosen to actively support Serbia’s strategic choice to transfer the Kosovo UDI issue to the judicial arena."

Tadic said that the Kosovo UDI case marked the first time in the history of the Court that it had been asked to consider the legality of an attempt at secession by an ethnic group from a UN member state.

"There is no doubt that the Court’s conclusions will constitute a powerful legal precedent, with over-arching consequences for the United Nations system," Tadic said.

"The outcome will either strongly deter other separatist movements from attempting to secede, or produce a result that could encourage them to act in similar fashion. Plainly said, should Kosovo’s UDI be allowed to stand, a door would open for challenging the territorial integrity of any UN member state."

He said that the "uniquely important nature" of this case had been acknowledged by the international community. All five permanent members of the Security Council have confirmed their participation in the oral hearings before the ICJ.

"It is in this context that I appeal to all member states to respect the fact that the International Court of Justice continues to be actively engaged on the issue. Its deliberations should not be pre-judged, and its work should not be obstructed," Tadic told the General Assembly.

"The Court’s proceedings have to be allowed to run their course, unhindered by political pressures, such as further recognitions of Kosovo’s UDI."

He urged all states that had not recognised Kosovo "to stay the course".

"By maintaining respect for my country’s sovereignty and territorial integrity, together we will help ensure that international law continues to close in on UDI."

Tadic said that Serbia’s democracy was secure, "our society has grown strong, and our values are safely entrenched in law".

Serbia had demonstrated time and again, through concrete deeds and under difficult circumstances, it determination to become a member of the European Union, he said.

Visa-free access to the Schengen zone from January 1 2010 would "bring us closer to Europe, for the right to travel visa-free is an embodiment of what the EU is to everyday citizens of Serbia".

Serbia, Tadic said, was "on the cusp" of completing its full co-operation with the International Criminal Tribunal for the former Yugoslavia— "a moral as well as legal obligation to the victims, to ourselves, and most of all, to the generations to come," Tadic said.

"As we approach the 20th anniversary of the fall of the Berlin Wall, we must not forget that the objective of bringing together under one roof all the nations of Europe has not yet been achieved.

"There is still much work to be done. Enlargement fatigue must not emerge as part of the new reality in Europe. Solidarity must remain high on the agenda. It will never be time to contemplate an exit strategy when it comes to the Western Balkans," Tadic said

EU enlargement benefited everyone, old and new and potential EU members alike, he said.

"It works beyond our wildest dreams—even in times of economic challenge, and even in times of political demoralisation. It works because the values that bind us to one another are strong, and because they are just."

Tadic said that Serbia’s "robust European vision" was complemented by its strong determination to pursue a carefully balanced, artfully executed, and active foreign policy, aimed at engagement with nations throughout the world, near and far.

This was in Serbia’s lasting interest, and would not change, he said.

"As such, our engagement with Brussels, Moscow, Washington and Beijing—the four lasting pillars of Serbia’s foreign policy—will continue to be strengthened in the time ahead," Tadic said.