The Regional Press on the Kosovo Independence Judgement‏

Turkey welcomes ICJ decision on Kosovo’s Declaration of Independence

July 23, 2010 - 19:25 AMT 14:25 GMT
PanARMENIAN.Net -

Turkish Ministry of Foreign Affairs published a press release on
International Court of Justice decision on Kosovo’s Declaration of
Independence.

“ICJ's opinion should be considered as a new window of opportunity for
the establishment of lasting peace and stability in the Balkans as
well as for the enhancement of regional cooperation, and reading the
decision from that perspective would certainly serve the common good
of the region.

Turkey is among the first countries to have recognized Kosovo.
Preservation of Kosovo's territorial integrity and its political and
social structure built on democratic values is of great importance.
Integration with the European and Euro-Atlantic structures, which is
determined as the main objective of the region, offers a sound basis
in this context.

We happily observe that European integration perspective is shared by
all the countries in the region. This vision, which will shape the
region's common future, provides the necessary ground for settling of
the existing problems in the culture of conciliation, and transforming
the Balkans into a region of peace, stability and prosperity. Our
expectation is that the abovementioned ICJ opinion will give fresh
impetus to the efforts aimed at developing a positive and constructive
dialogue between Kosovo and Serbia. Turkey stands ready to render its
full support to this effect,” Turkish Foreign Ministry official
website reported.

RFE/RL Report
Armenia Hails UN Court Ruling On Kosovo Independence
23.07.2010
Sargis Harutyunyan

Armenia on Friday commended the highest United Nations court for
upholding the legality of Kosovo's secession from Serbia but gave no
indication that it is ready to recognize the mostly Albanian-populated
region's independence.

Armenian leaders said the non-binding ruling handed down by the
International Court Of Justice (ICJ) late on Thursday will foster a
resolution of the Nagorno-Karabakh conflict sought by Yerevan.

The Hague-based ruled that Kosovo's 2008 unilateral declaration of
independence from Serbia did not violate international law. The
verdict has been welcomed by the United States, which called on other
nations, including Serbia, to recognize Kosovo's independence.

`This decision is truly unprecedented in the sense that for the first
time ever the International Court addressed the correlation between
two principles, peoples' self-determination and territorial integrity
[of states,] and took the decision stemming from the United Nations
Charter,' Deputy Foreign Minister Shavarsh Kocharian told Armenian
state television.

According to Kocharian, the ICJ ruled that self-determination, which
has long been championed by Armenia, should take precedence over
territorial integrity in the resolution of territorial or ethnic
disputes.

`This is an unprecedented decision that can positively impact
international recognition of Karabakh,' Eduard Sharmazanov, the
spokesman for the ruling Republican Party of Armenia (HHK) told
RFE/RL's Armenian service. `Why unprecedented? Because for the first
ever an international court ruled that when it comes to independence,
the people's right to self-determination is more important that
territorial integrity of states.'

Self-determination and territorial integrity are among the basic
principles of settling the Karabakh conflict that have been jointly
proposed by the U.S., Russia and France. Armenia and Azerbaijan say
they accept, in principle, a settlement based on a combination of the
two principles.

Azerbaijani leaders have at the same time repeatedly stated that
Karabakh's predominantly Armenian population should only be able to
determine the extend of the territory's autonomy within
Azerbaijan. They argue, among other things, that there already exists
an independent Armenian state.

Armenia - Deputy Foreign Minister Shavarsh Kocharian, undated

Kocharian and Sharmazanov said the UN court effectively dismissed this
argument. `This decision showed that that the predominantly
Albanian-populated Kosovo can also become independent despite the
existence of the state of Albania,' said the HHK spokesman. `This
shatters the Azerbaijani leadership's claim that if there is an
independent Armenian republic, there can be no independent

Karabakh.'Karabakh has `no less serious grounds' for being

recognized by theinternational community, he said.

`We are now getting a new tool, a new avenue of fighting for
international recognition of the Nagorno-Karabakh Republic,' agreed
Vahan Hovannisian, a leader of the opposition Armenian Revolutionary
Federation party.

The Azerbaijani Foreign Ministry insisted on Friday, however, that the
ICJ ruling applies only to Kosovo and Serbia and can not have any
ramifications for the Karabakh conflict. The ministry spokesman,
Elkhan Polukhov, was also quoted by the Trend news agency as

saying that Baku will continue to regard Kosovo as a part of Serbia.

Armenia is also in no rush to recognize Kosovo's independence, not
least because Russia, its closest ally, is strongly opposed to
that. When asked about the possibility of Armenian recognition after
the ICJ decision, Foreign Ministry spokesman Tigran Balayan cited a
statement on the issue that was made by Sarkisian in September 2008.

The Armenian president said at the time that Yerevan can not

recognizeKosovo as well as the Russian-backed breakaway

regions of South Ossetia and Abkhazia `as long as it has not

recognized the Nagorno-Karabakh Republic.' The realization of a

nation's right to self-determination `takes times' and requires the

understanding of `all interested parties,' explained Sarkisian.

Belgrade lost control Kosovo in 1999 when a NATO bombing campaign
brought an end to a war between Serbian forces and ethnic Albanian
separatists in the region. UN Security Council Resolution 1244 set up
a temporary UN administration for Kosovo. Although the United Nations
Interim Administration Mission in Kosovo -- or UNMIK -- still exists,
it has had a minor role since 2008.

On February 17, 2008, Kosovo's newly elected ethnic Albanian lawmakers
and president issued their unilateral declaration of independence -- a
move contested by Belgrade as a violation of international law and of
Serbia's territorial integrity. Kosovo's independence has been
recognized by 69 countries -- including the United States and many
European Union member states.

SELF-DETERMINATION OF PEOPLES IS PRIMARY: THIS IS WHAT

THE ICJ DECISION WAS ABOUT
Armradio.am
23.07.2010 17:32

Armenian Deputy Foreign Minister Shavarsh Kocharyan says Yesterday's
ruling of the International Court of Justice on Kosovo was
unprecedented, since it refers to the correlation between two
principles - territorial integrity and self-determination of peoples.

"The self-determination of peoples is one of UN objectives, while
territorial integrity is a tool for reaching that objective," Shavarsh
Kocharyan said.

According to the diplomat, this decision of the ICJ shows that

"when there is self-determination, the territorial integrity is

secondary.

"This is what the ICJ decision meant," he said.

Shavarsh Kocharyan also quoted the President of the International
Court, Hisashi Ovada as saying that "international law does not
contain obstacles for declaring independence." The Armenian Deputy
Minister recalled the words of the official representatives of the

US,who said that "international law neither prohibits the

declaration of independence, nor permits it."

"After all this it become quite obvious that Azerbaijan's accretions
contradict the international law. The International Court actually
said 'yes' to the independence of two Albanian states - Albania and
Kosovo. We all know that the same Albanians live in Kosovo.

After all this high-ranking officials of Azerbaijan will not be able

to declare that Armenians cannot have two states," Shavarsh

Kocharyan stated.

INTERNATIONAL LAW IS NOT UP FOR AUCTION
Noyan Tapan
23 July, 2010

It was absolutely within the law for the highest tribunal of the United
Nations - the International Court of Justice (ICJ) - to conclude on the
22nd of July, 2010, that "the unilateral declaration of independence
of Kosovo does not violate international law". It was within the law
first of all because the right to direct one's own political affairs,
through the establishment of self-determination, is included in the UN
Charter [Article 1(2)] as one of the main goals of the organisation. It
is also within the law as there is no limitation set on declaring
independence in international law. That is to say, international law
does not consist of any criterion by which the right to independence
is reserved for, say, Serbs, Georgians or Caucasian Tatars, but that
very right is denied to Albanians, Megrelians or the Talysh.

Naturally, declarations of independence are always unilateral.

When,for example, the United States and the Russian Federation
declared their independence from the British Empire and the USSR
respectively, they did so without, as it were, approval by "the central
authorities". It is another matter whether "the central authorities"
calmly come to terms with the fact, without unnecessary military
frustrations, or whether they try to drown the will of others in blood.

This decision by the International Court of Justice of the UN
is encouraging in terms of the developments of democratisation of
international law. The decision demonstrated that the segregation of
peoples as accepted and rejected is inconsistent with the thinking
of the twenty first century.

The decision is encouraging when it comes to a democratic

solution to the Artsakh conflict as well (the issue of Nagorno

-Karabakh). That is, just as no one has the right to make decisions

in place of an individual in a democratic society, similarly in

current international relations, no one has the right to make

decisions in place of the organised public of such individuals.

International law is not up for auction in the twenty first century.

International law is not for sale as an oil derrick.

a1plus.am

Azerbaijani MFA: "Kosovo Conflict Is Unique"
08:23 pm | Today | Politics

The Kosovo conflict is unique, as are all conflicts, Azerbaijani
Foreign Ministry spokesman Elkhan Polukhov said today.

[do not they share some common traits that transcend their individuality?]

In regard to an advisory opinion on Kosovo announced yesterday by the
U.N. International Court, Polukhov said that the statement concerns
Kosovo alone and has nothing to do with the Karabakh conflict.

He said that the decision of the Hague court on Kosovo's independence
does not violate international law.

The settlement of the Nagorno-Karabakh conflict is taking place under
an OSCE mandate within the Minsk Group.

Azerbaijan is negotiating the conflict's resolution in this format,
Azerbaijani official said.

Armenian political analyst Hmayak Hovhannisyan thinks that the
conflicts of Karabakh and Kosovo have many similarities and are based
on cultural and religious differences.

The similarities are so obvious that it is a mere crime to neglect
them, he said.

The resolution of the Hague court is a trump card for Armenia but we
must make use of this precedent.

ARMENIAN SIDES SHOULD TAKE ADVANTAGE OF THE HAGUE

COURT RULING: ARMAN MELIKYAN
Tert.am
23.07.10

"The ruling by the Hague court was not surprising. It is still hard
to foresee what consequences it will have over the Nagorno Karabakh
conflict as world powers insist on Kosovo not being a precedent for
other unresolved conflicts. But this does not mean that the Armenian
sides cannot take advantage of this ruling. This is a vivid example
of how an autonomy can obtain full independence due to international
recognition," Former Artsakh Foreign Minister Arman Melikyan told
Tert.am asked to comment on the recent ruling by the International
Court of Justice (ICJ).

By a much-anticipated ruling the ICJ decided on July 22 that the
declaration of independence of Kosovo does not break international law.

Saying that though Serbia still does not agree with that ruling, which
might well prompt further tension in the region, Melikyan mentioned
that the fact remains unquestionable that more than 60 states have
recognized Kosovo's independence.

Armenia, according to him, can launch a relevant process aimed at
Karabakh's international recognition also given this ICJ ruling.

Though it is another thing that Kosovo's independence and its
recognition by dozens of states in fact took place in quite a different
geopolitical interests, and that is why several states have recognized
Kosovo, while Karabakh has not been recognized, even by Armenia,
which is also due to the fact that Armenia's political elite neglects
its duties.

Today Armenia and Karabakh are ready to continue the talks based on the
Madrid Principles which clearly mention that Armenia must withdraw its
troops from Nagorno Karabakh. This according, to Melikyan, leaves no
room for Armenia to speak about other issues, as it has not recognized
Karabakh's independence.

"Generally the continuation of talks with this logics is not beneficial
for Armenia, not to speak about Karabakh, and the Armenian diplomacy,
especially, the political elite must try and find ways to change this
logics of the talks," said Melikyan.

Karine Ter-Sahakyan / PanARMENIAN News

July 23, 2010
PanARMENIAN.Net -

However, not everything is as easy as it seems, and we will very

soon be faced with yet another application of double standards.

It’s about the former Soviet autonomies, which inspired by the decision

of theCourt, will require recognition of their independence too. First and
foremost, these are Nagorno-Karabakh, South Ossetia, Abkhazia and
Transdniestria. As for the former Georgian autonomies, they have been
recognized by Russia and by another 2 or 3 states, but not by the U.S.
and EU. The status of Transdniestria is not incomprehensible at all.
Things are hardest with Nagorno-Karabakh, which declared

independence 20 years ago, but never achieved recognition as

an independent subject of international law. It would be naive to

expect that anyone, including Armenia, would recognize the

independence of Nagorno-Karabakh.

Moreover, after Kosovo various international platforms came to say
that Kosovo cannot become a precedent for the settlement of the
Nagorno-Karabakh conflict. In fact, in this case, we are dealing with
a bright example of double standards, which are designed to hold Baku
back. The logic of the West in this matter is quite clear – “oil in
exchange for non-recognition”. By the way, a similar hypothesis in the
Israeli-Palestinian conflict, “peace in exchange for territory” did
not work, and all the more so cannot work in case of Nagorno-Karabakh.

Before sitting of the International Court, Serbian Foreign Minister
Vuk Jeremic stated that if the court decides in favor of the Kosovars,
none of the disputed borders in the world could ever be considered
safe. “The first and most important principle for any democratic
government in the world is protection of its own sovereignty and
territorial integrity,” declared the Foreign Minister of Serbia, BBC
reports.

Political consequences of the verdict will appear not only on the
post-Soviet territory, but also in Spain, China, Belgium, i.e. it will
result in the redivision of the world formed after the Yalta treaty.
In fact, the process of redivision started with the collapse of the
Soviet Union and continues to this day. But, unfortunately, nobody can
say when and how the recarving of borders will end, and how long the
peoples can go on without bloodshed. We have been repeatedly writing
that conflicts are rarely regulated at the negotiating table. A peace
agreement is a result of a finished war, and once there is no
agreement, then war is not over yet. Sad but true. But the thing is
that in today’s geopolitical reality starting a war is a little
difficult for newly created states, like Azerbaijan. Georgia has
already made an attempt and lost its autonomies. The same fate

awaits Azerbaijan. Things were somewhat different with Georgia:

Russia came to the rescue of Ossetians and Abkhazians.

Armenians will not be expecting help from anywhere or anyone, and in
the event of renewed hostilities, they’ll have to rely only on
themselves, never reassuring themselves that the world powers will
call Ilham Aliyev to order. They may also wait and see the outcome of
the “blitzkrieg” promised by Baku. But on the other hand, the verdict
of the Court of Justice, beyond question, put the right of nations to
self-determination above the principle of territorial integrity. It is
a very important and demonstrative fact. Another important fact is
that the NKR may turn to the International Court of Justice, which

is exactly what will be done.