Kosovo declartion of independence - ICJ
KOSOVO Declaration of Independence
ICJ Advisory Opinion
Contents
1.0 Background On 17 February 2008 Kosovo unilateral declared itself to be independent from Serbia. This action has been widely debated across international communities and scholars. Nevertheless is Kosovo recognized by a large proportion of other states members to United Nations. On 8 October 2008, The International Court of Justice (ICJ) was requested (resolution 63/3) by General Assembly to give an advisory opinion on the unilateral declaration of Kosovo. The question posed to ICJ was:
‘Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”1 On July 22, 2010, ICJ declared in an advisory opinion that Kosovo’s unilateral declaration of independence, from its “mother country” Serbia, did not violate international law. According to ICJ there is no applicable law (treaties) in international law under which secession is either legal or illegal.
“It cannot seriously be argued today that International law prohibits secession. It cannot seriously be denied that international law permits secession. There is a privilege of secession recognized in international law and the law imposes no duty on any people not to secede.”2 Neither can the justification of prohibition of declaration of independence be seen or found in state practice and customary law.
“No prohibition of declarations of independence according to State practice-…”3 The findings and decision of ICJ has been vastly debated and criticized. I shall in this paper try to analyze the Court’s findings on whether the Kosovo’s declaration of independence is in violation of general international law or Security Council Resolution no. 1244. Hereafter I will analyze if the court’s findings are convincing and what implication this case/situation will have in similar situations in the future.
2.0 Analysis
ICJ Advisory Opinion
Contents
1.0 Background On 17 February 2008 Kosovo unilateral declared itself to be independent from Serbia. This action has been widely debated across international communities and scholars. Nevertheless is Kosovo recognized by a large proportion of other states members to United Nations. On 8 October 2008, The International Court of Justice (ICJ) was requested (resolution 63/3) by General Assembly to give an advisory opinion on the unilateral declaration of Kosovo. The question posed to ICJ was:
‘Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”1 On July 22, 2010, ICJ declared in an advisory opinion that Kosovo’s unilateral declaration of independence, from its “mother country” Serbia, did not violate international law. According to ICJ there is no applicable law (treaties) in international law under which secession is either legal or illegal.
“It cannot seriously be argued today that International law prohibits secession. It cannot seriously be denied that international law permits secession. There is a privilege of secession recognized in international law and the law imposes no duty on any people not to secede.”2 Neither can the justification of prohibition of declaration of independence be seen or found in state practice and customary law.
“No prohibition of declarations of independence according to State practice-…”3 The findings and decision of ICJ has been vastly debated and criticized. I shall in this paper try to analyze the Court’s findings on whether the Kosovo’s declaration of independence is in violation of general international law or Security Council Resolution no. 1244. Hereafter I will analyze if the court’s findings are convincing and what implication this case/situation will have in similar situations in the future.
2.0 Analysis
Bibliography: 1. Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion, I.C.J. Reports 2010, p. 403 2. Lalonde, Suzanne, “Determining Boundaries in a Conflicted World: The Role of Uti Possidetis 20.” 2002 3. Simma, Bruno. “Declaration of Judge Simma,” International Court of Justice, “Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo,” 22 July 2010. Print. 4. Tomka, Peter. “Declaration of Vice-President Tomka,” International Court of Justice, “Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo,” 22 July 2010. Print. 5. United Nations, Charter of the United Nations, 24 October 1945. 6. Yusuf, Abdulqawi A. “Declaration of Judge Yusuf,” International Court of Justice, “Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo,” 22 July 2010. Print.