Ara Papian: Kosovo independence recognition sets legal precedent

PanARMENIAN.Net - Proclamation of Kosovo's independence is evidently a legal act, which is grossly politically motivated, Ambassador of the Republic of Armenia to Canada in 2001-2006, historian Ara Papian told a PanARMENIAN.Net reporter.



The legal act of recognition of a new entity creates legal precedent, regardless the political declarations. International law has traditionally been based on the principle of sovereign equality of states. A principle, which is now codified in the Charter of the United Nations (Article 2, §1) as well as by the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among the States on accordance with the Charter of the United Nations, (adopted by the General Assembly on October 24, 1970) which explicitly and solemnly declares: "International disputes shall be settled on the basis of the Sovereign equality of states." Therefore recognition of the Independence of Kosovo, undoubtedly, is and will remain a steady legal precedent in the International Law. Political declarations can not and will not change the legal principles of the Law of Nations. Legal equality apples to all members of the international community and means that all international persons are given the same rights and responsibilities without distinction. Legally Serbia can not be treated differently and discriminately. Widely acclaimed expert in international law, Professor Lassa Oppenheim wrote as follows: "The equality before International Law of all members States of the Family of Nations is an invariable equality derived from their International Personality. Whatever inequality may exist between States as regards their size, population, power, degree of civilization, wealth, and other qualities, they are nevertheless equals as International Persons."



Thus, Serbia, as a member of international community, has the same and equal rights as all the other states. So called "territorial integrity" can not be referred to Azerbaijan and denied for Serbia, particularly when Azerbaijan has longstanding and vicious history of genocidal policy regarding its citizens of the Armenia ethnicity (i.e. ethic cleansings in the Armenian Autonomy of Nakhichevan, the pogroms of Armenians in Sumgait, Baku, Kirovabad, etc) and a has waged brutal and indiscriminate war against Armenian autonomy of Nagorno Karabakh," Mr Papian said.