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Kosovo secession case at UN court Kosovo and Serbia in court battle
(about 10 hours later)
The International Court of Justice is set to begin hearings deliberating on the legality of Kosovo's declaration of independence from Serbia. Serbia has called on the International Court of Justice (ICJ) to declare that Kosovo's declaration of independence in 2008 broke international law.
It is the first time the UN's highest court has examined if a secession complies with international law. Serbian representatives outlined their case as the court in The Hague opened hearings on Kosovo's secession.
Although 63 countries have recognised Kosovo's independence, Serbia - which requested the case - refuses to do so. Kosovo is expected to present its view later on Tuesday.
A verdict in the case, which will not be legally binding, is not expected for several months. Serbia still considers Kosovo to be part of its territory, and is hoping a favourable ruling at the ICJ will stop it gaining international recognition.
Legal precedent Some 63 countries have recognised the independence of Kosovo.
Beginning on Tuesday, the hearings at the court, based at The Hague in the Netherlands, are expected to run until 11 December. They include the US and 22 of the 27 members of the European Union.
Kosovo unilaterally declared independence from Serbia in February 2008. But more than 100, including Russia and China, have not. The United Nations has also withheld recognition.
We are going to do everything that is possible to defend our legitimate national interests Boris TadicSerbian president class="" href="/2/hi/europe/8386571.stm">Serbia takes fight to court 'Pillar of identity'
But the move was not sanctioned by a UN Security Council resolution because of opposition from Russia and China. Serbia's representative, Dusan Batakovic, argued in court on Tuesday that Kosovo's independence move challenged his country's sovereignty and undermined international law.
Serbia's President Boris Tadic told the BBC he hoped the hearing would lead to fresh negotiations with Kosovo. class="" href="/2/hi/europe/8386571.stm">Serbia takes fight to court
"We are going to do everything that is possible to defend our legitimate national interests. He said it was the UN Security Council that set up a provisional administration in Kosovo following the 1999 conflict, and that Kosovo was therefore defying the UN.
"But it doesn't mean that we are going to create problems. We are not a part of problems anymore, we are part of the solution." He also argued that Kosovo was "the historical cradle of Serbia and constitutes one of the essential pillars of its identity".
The BBC's Belgrade correspondent, Mark Lowen, says part of the problem is that Kosovo believes there is nothing to talk about. Representatives of around 30 countries will present arguments to the court. Some are expected to argue that allowing Kosovo to secede would set a precedent that might be followed by separatists in other countries.
President Tadic said this was part of Serbia's new peaceful approach to Kosovo - a decade after the war between the two that killed more than 10,000. Kosovo, where around 90% of the population is ethnically Albanian rather than Serb, is expected to argue that it was never truly part of Serbia, and that any authority Belgrade had was forfeited by its crackdown on ethnic-Albanian separatists.
Our correspondent says the case will be closely watched by countries facing similar challenges to their authority. More than 10,000 people were killed as the insurgency was suppressed by the Yugoslav government of Slobodan Milosevic.
They will want to see if this case sets a legal precedent. Nato responded by bombing Serbia into submission, after which Kosovo was placed under UN administration.
On the eve of the court case, Kosovo's President Fatmir Sejdiu told the Associated Press news agency that Kosovo had "invincible" arguments for its case. It is the first time the UN's highest court has examined whether a secession complies with international law.
Hearings are due to last until 11 December, but the verdict is not expected for several months.
The decision will not be legally binding, but is expected to influence whether other countries recognise Kosovo.