Serbia cannot litigate against Kosovo or any other state that has recognized Kosovo, because it needs the approval of both sides to raise such a contest in an international court, says a prominent Kosovo international law expert.

 
All that Belgrade can do is try to have a resolution approved at the General Assembly of the United Nations in autumn, which would ask the International Court of Justice (ICJ) to give its opinion regarding Kosovo independence, says Enver Hasani, Professor of International Law and Dean at the University of Prishtina.
 
Hasani says that even if Serbia manages to secure the necessary votes to pass this resolution, court decision will not be on Belgrade's favor.  He explains that ICJ decides on legal charges but also gives advice opinion when requested by UN member countries, the Security Council, or the UN General Assembly. But according to him, this court decides only on legal matters and not those of political matter such as the Kosovo case.
 
"From what I understand Serbia wants a resolution vote on the General Assembly of the United Nations which will request a guiding opinion from the International Court of Justice, where the question directed to it would be: was the recognition of Kosovo a breach of the charter of the United Nations," says Hasani.
 
"I am sure that the Court will say 'no" because recognition is a sovereign political act of states. The act of recognition of states is always ‘legal’ and has nothing to do with international law, except in the cases of Rhodesia, Republika Srpska, and Cyprus."
 
He explains that there is no international decision which would create any space for Kosovo independence to be contested judicially at the ICJ. Instead, "there are resolutions at the Security Council that say that Republika Srpska [Serb-inhabited half of Bosnia and Herzegovina] was created in an illegal way through genocide and ethnic cleansing,” which precludes its right to independence.
 
Hasani is convinced that the goal of Serbia will not be achieved because the creation or destruction of states is a factual matter, not legal. He predicts that the initiative of Serbia could falter at the General Assembly of the UN since the odds are good for more recognition to be added to the list by then. But even if Serbia succeeds in getting the decision it wants, that decision could only have moral power and does not oblige anybody," says Hasani.
 
Belgrade is still insisting to get a legal opinion regarding the legality of the Kosovo independence despite calls by several European states to withdraw this idea. Some analysts have suggested that sending the issue to an international court, Serb leadership could remove the issue of Kosovo from Serb national politics for a couple of years.
 
Belgrade-based analyst Dusan Janjiq stated a few days ago said that this initiative will not produce any results adding that through this step Serb leaders want to make it known to the public that they are doing everything possible against Kosovo independence.
 
Meanwhile Kosovo Vice-prime Minister Hajredin Kuçi said that Kosovo could countersue for the crimes that Serbia has committed in Kosovo. "We will work with everyone to make them understand that this is a political bluff and we will work as much as possible for such a thing to not even come up, but nevertheless we are ready to respond to any situation,” said Kuçi.