COMMENTARY: July 22, 2010 "A Day of Infamy;" Date ICJ Approved Kosovo Secession

July 22, 2010 will be remembered for many decades as "a day of infamy" in international law, as a result of the International Court of Justice's (ICJ) mistaken ruling on that day that Kosovo was within its legal rights to secede from Serbia and declare its independence in February 2008.

What were the ICJ justices thinking when they ruled on this case? Or were they not thinking at all?

The ruling will have a critical impact on international law, because it establishes a precedent by authorizing the legality of a province or state to secede from a nation and declare its independence. Consequently, there will now be a multitude of provinces and states seceding from their nations and declaring themselves independent.

It is interesting to compare this ICJ ruling on Kosovo with the American Civil War in the 1860s. The primary cause of this war was the secession of several Southern states from the United States. America was determined that these states needed to rejoin the nation, even if it meant fighting a major war for them to do so.

Moreover, the American Pledge of Allegiance to the Flag states..."one nation, under God, INDIVISIBLE, with liberty and justice for all." Indeed, I find America's leaders to be hypocritical -- and even politically motivated -- as they strongly concur with the ICJ's ruling on Kosovo, and are so bold as to urge nations that have refused to recognize Kosovo to do so because of the ICJ ruling. Would America's leaders feel that way if the ruling involved an American state? No way!

Does the ICJ ruling on Kosovo mean that any one of the 50 American states now has the right to secede from America, and declare itself independent? This certainly seems to be the case, since the ICJ ruled it was perfectly legal for Kosovo to secede from Serbia and declare its independence.

Serbia will now most likely refer the Kosovo matter to the United Nations, where a compromise on the status of Kosovo may be agreed upon.

All in all, the International Court of Justice -- by its irrational ruling on Kosovo -- has opened a Pandora's Box, which will undoubtedly have a significant impact on international law for decades, and perhaps even centuries.