UN Court of Justice: Kosovo Independence Is Legal

World | July 22, 2010, Thursday // 17:15|  views

Flashback to February 17, 2008, as Kosovo celebrated its unilateral declaration of independence. Photo by BGNES

The International Court of Justice in the Hague issued their advisory opinion Thursday afternoon ruling the declaration of independence of the former Serbian province of Kosovo is not in violation of international law.

Addressing the court in The Hague, ICJ president Hisashi Owada said international law "contains no applicable prohibition" of Kosovo's declaration of independence.

"Accordingly, [the court] concludes that the declaration of independence on 17 February 2008 did not violate general international law," he said.

Ten of the ICJ's judges supported the opinion, four opposed it.

No further details were immediately available.

Kosovo declared its independence on February 17, 2008. It has been recognized by a total of 69 countries so far, including the USA and 22 of the 27 EU member states (with the exception of Spain, Romania, Greece, Slovakia, and Cyprus).

The decision about the legality of Kosovo’s secession from Serbia was taken to the International Court of Justice by the UN General Assembly at the request of Serbia. The exact question posed to the Court is: “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”

The Serbs together with Kosovo and a total of 29 countries including the US, Russia, and a number of EU member states took part in oral hearings before the UN court on the issue in December 2009.

Even though it is non-binding, the ICJ ruling on Kosovo’s independence was anticipated around the world, as it can have wider repercussions with respect to a number of secessionist movements around the world. It can also either solidify Kosovo’s independence or impede its further international recognition.

The ethnic Albanian-populated Kosovo decided to break off from Serbia after almost two years of internationally monitored talks that failed to secure Serbia's approval for the secession, in the wake of the 1999 NATO bombing of the former Yugoslavia to end a crackdown by the forces of then-President Slobodan Milosevic against Kosovo's separatist ethnic Albanians.

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Tags: kosovo, ICJ, International Court of Justice, Kosovo independence, Serbia, secession, UN anniversary

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