The Hague’s Balkan Confusion
Charles Simic
There is nothing very surprising about the ruling by the International Court of Justice that Kosovo’s 2008 declaration of independence was legal. As one would expect, the Serbian government—which had challenged the declaration before the court and remained to the end optimistic of winning—was stunned by the answer, while the Albanians in Kosovo cheered. But the ruling simply upholds the largely uncontroversial assertion that international law does not include any “prohibition of declarations of independence”; anyone can, if she so wishes, make such a declaration. In contrast, the court was notably silent about what happens afterwards—whether the new state is recognized or not by the international community—carefully avoiding any mention of the legality of Kosovo as a state.









