Uneasy Spain Says Respects UN Ruling on Kosovo

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

Spain, the biggest of the five EU states not to have recognised Kosovo, announced it respects the UN judges ruling that its secession was legal, but refused to say how this could impact its policy.

“Madrid respects the court ruling,” a foreign ministry spokesperson said.

The spokesperson however would not be drawn on whether it would lead Spain to reconsider its decision on non-recognition.

Spain is one of the countries most uneasy about Kosovo’s UDI as it is itself dealing with unresolved separatist conflicts or potential conflicts. Not surprisingly the news that the top UN judges have ruled that Kosovo secession in 2008 had not broken international law was welcomed by Spain's Basque nationalist PNV party.

"I think that the main consequence is that Spain cannot keep saying that the international rules don't allow for a split of the country for a new Basque independent country into the European Union. So I think that should be already over and that's good news for us," said Aitor Estaban, an MP from PNV party.

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.

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