European Forum

ICJ: “unilateral declaration of Kosovo did not violate general international law”

In its reading the International Court of Justice (ICJ) in the Hague concluded that the unilateral declaration of independence of Kosovo on 17 February 2008 did not violate general international law. Furthermore, ICJ president Hisashi Owada said international law “contains no applicable prohibition” of Kosovo’s declaration of independence. The UN General Assembly asked the Court to give its opinion on the question: “is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”

Addressing the Court Owada firstly said that the question put in front of the Court is clear, giving the Court an opportunity to give a clear opinion and not discussing the right to self-determination or secession. After that Owada argued that the unilateral declaration of Kosovo should be seen in the light of the situation in Kosovo that have led to this declaration. Before giving its opinion the situation in Kosovo was shortly outlined.

The ruling says that “international law does not have an active provision that limits independence declarations, therefore Kosovo’s declaration of independence is not in breach of international law.” The judge also said that the UN Security Council Resolution 1244, which ended the war in Kosovo in 1999, and which Belgrade sees as a guarantee of Serbia’s territorial integrity, contained no arguments to prevent the unilateral proclamation, as its purpose was to establish a temporary administration, without intent to decide on Kosovo’s final status.

Officials from Belgrade and Pristina were in attendance, along with ambassadors from all the countries that participated in the public debate of the issue. Their reaction on the ruling will be published on our website on short notice.

Although the ICJ opinion is not binding for states, experts believe it would carry legal, political, and moral weight. Ten out of fourteen judges voted in favour of the ruling.

Source: International Court of Justice (ICJ)