Serbia President. 64th General Assembly. September 2009

"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. I speak of UDI—the unilateral declaration of independence by the ethnic-Albanian authorities of Serbias southern province of Kosovo and Metohija. This attempt at secession stands in direct violation of Serbias democratic Constitution, and the basic principles of the UN Charter, the Helsinki Final Act, and Security Council resolution 1244 (1999). Some say Kosovos UDI is a unique case. But in truth, it amounts to an attempt at forcibly partitioning a member State of the United Nations against its will—and with disregard for the firm opposition of the Security Council. Kosovos UDI is an attempt to impose a 19th-century outcome to a 21st-century challenge. Serbia will never, under any circumstances, implicitly or explicitly, recognize the unilateral declaration of independence of the ethnic-Albanian authorities of our southern province. We will continue to vigorously defend our integrity in a non-confrontational manner—using all peaceful means at our disposal. That is why, from the very onset of this grave crisis, Serbia ruled out the use of force. We chose to respond to Kosovos UDI with utmost responsibility and restraint. Serbia opted for a diplomatic approach—the result of which is that a vast majority of UN member States have refrained from recognizing Kosovos UDI. 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. While rejecting violence and unilateralism categorically, Serbia has 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 Kosovos UDI is in accordance with international law. I would like to take this opportunity to inform the member States that 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 1st, with a decision by the Court expected to be sometime next year. Let me express my sincere gratitude to all those countries which have not recognized Kosovos UDI, as well as to those which have chosen to actively support Serbias strategic choice to transfer the Kosovo UDI issue to the judicial arena. The Kosovo UDI case marks the first time in the history of the Court that it has 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 Courts conclusions will constitute a powerful legal precedent, with over-arching consequences for the United Nations system. 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 Kosovos UDI be allowed to stand, a door would open for challenging the territorial integrity of any UN member State. The uniquely important nature of this case has been acknowledged by the international community. Indicatively, 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. The Courts proceedings have to be allowed to run their course, unhindered by political pressures, such as further recognitions of Kosovos UDI. On behalf of the Republic of Serbia, I encourage all non-recognizing UN member States to stay the course. By maintaining respect for my countrys sovereignty and territorial integrity, together we will help ensure that international law continues to close in on UDI. Link: http://www.predsednik.rs/mwc/default.asp?g=20090925143007&lng=eng