Abraham Lincoln, Kosovo and the International Court of Justice
As American History scholars point out, Abraham Lincoln did not lead the Nation against the Southern States in the Civil War to end slavery; but rather to preserve the union. In his First Inaugural Address Lincoln said that "I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." He explained, however, that he had just taken an oath "to preserve, protect, and defend the United States Constitution" which enjoined him to see that the laws of the Union be faithfully executed in all states and that he would use force if necessary for him as President to fulfill his obligation to hold, occupy, and possess the property and places belonging to the federal government. The Constitution was established "to form a more perfect union" than the Articles of Confederation, Lincoln wrote and Perpetual Union had been, which was explicitly perpetual in name and text, and thus the Constitution too was perpetual. He added that even were the Constitution construed as a simple contract, it could not be legally rescinded without an agreement between all parties.
Whether Lincoln’s belief is legitimate still continues to play itself out on the world stage. As Mike Corder of the Associated Press reported, this past week, the 15-judge International Court of Justice began hearing arguments on the validity of Kosovo's February 2008 independence declaration, which has been recognized by 63 countries but not by the Security Council. The opinion has no binding effect, but other countries with potential breakaway regions, like Spain with its Basque district, are closely watching the outcome.
Kosovo told the U.N.'s highest court at the Hague this past Tuesday that its independence is irreversible and warned that any attempt to cancel it could set off a renewed conflict. Serbia, noting that the case is the first attempt in the blood-soaked history of the Balkans to peacefully resolve a dispute, said Kosovo's unilateral independence tore at the very fabric of Serb national identity and breached international law.
The world court, the U.N.'s highest judicial body, likely will take months to reach its decision.
For those readers interested in a scholarly analysis of these issues read Jure Vidmar’s recent article in the May 2009 Vanderbilt Journal of Transnational Law.
