Accordance with international law of the unilateral declaration of independence in respect of kosovo, advisory opinion. This article analyzes legal positions regarding kosovos declaration of independence and examines the significance of international involvement in the process of state creation. We intend to seek membership in international organisations, in which kosovo shall seek to contribute to the pursuit of international peace and stability. Pdf the international community anxiously awaited delivery of the advisory opinion. The international ourt of justice confirmed the legality of kosovos declaration of independence on july 22, 2010. The court should not, in his view, have limited itself, as it did in the present advisory opinion, to select only the few reported and instantaneous facts of the circumstances surrounding the declaration of independence by kosovo s authorities on 17. The declaration of independence was not a surprise to observers and experts, as the conflict between serbia and kosovo had been brewing for decades. It also tries to set out the differences between political and legal precedent and how we may frame. Feb 03, 2015 this article will address whether kosovos declaration of independence was indeed legitimate. Convened in an extraordinary meeting on february 17, 2008, in pristina, the capital of kosovo. Assembly of kosovo, convened in an extraordinary meeting on february 17, 2008, in pristine, the capital of kosovo, answering the call of the people to build a society that honors human dignity and affirms the pride and purpose of its citizens. Despite the reference to the dissolution of yugoslavia in the declaration of independence, kosovo is an example of unilateral secession from serbia.
It considers the legal issues implicated by kosovo s declaration of independence and the subsequent recognition by various states of kosovo as an independent country. The state of kosovo is recognized by the most powerful. Kosovo, formerly an autonomous province of the socialist republic of serbia, one of the six socialist republics constituting sfry, was given a more autonomous role within the sfry in the mid 1970s. Why is kosovo considered a flashpoint of territorial tension. Why did kosovos declaration of independence cause anxiety in canada. Kosovo s declaration of independence has proven to be necessary and politically stabilizing. Serbia decided to seek international validation and support for its stance that the declaration of independence was. Kosovo declared independence from serbia on 17 february 2008 following the. On february 17, kosovo s parliament declared kosovo s independence from serbia. Report access to civil documentation progress and challenges.
In july 2010 the international court of justice icj found that kosovos declaration of independence on 17 february 2008 did not breach international law. However, within four days of kosovos declaration of independence, fifteen countries including the united states, united kingdom, france, germany, italy, and australia recognized the independence of kosovo. Selfdetermination, secession and recognition, the american society of international law insight, volume 12, issue 2, february. International legal responses to kosovos declaration of. It was the second declaration of independence by kosovos ethnicalbanian political institutions, the first having been proclaimed on 7 september 1990. International court of justice icj on kosovos declaration of independence. June 2008 this essay reflects the main points that made at a june ees meeting on the question of a kosovo precedent. Whether the declaration of independence is in accordance with international law serbias position is that the declaration by kosovo was illegal on two grounds. Kosovos parliament has unanimously endorsed a declaration of independence from serbia, in a historic session.
Pdf in february 2008, kosovo broke away from serbia and declared its independence. Overall, both in the context of the kosovos protracted path to formal independence, after its declaration of independence doi, in the course of the proceedings before the icj, and more recently, some political actors time and again highlighted the sui generis nature of the kosovo issue, and denied that it would have and should have any. Adriatic sea aegean sea black sea dan ube dneste r. Serbia, russia and some other governments condemned it. This designation is without prejudice to positions on status, and is in. Kosovo declaration of independence and the international. Was kosovos declaration of independence legitimate. Foreign policy as a constitutive element of statehood and. United nations, 22 july 2010 kosovos unilateral declaration of independence from serbia in february 2008 did not violate international law, the international court of justice icj said today. Lawfulness of kosovos declaration of independence asil. Part iv will then apply the theories of secession, statehood, and state recognition to the kosovar situation.
Kosovo was soon recognized as a sovereign state by the united states, turkey, albania, austria, germany, italy, france, the united kingdom, the republic of china taiwan, and others. It was the second declaration of independence by kosovo s ethnicalbanian political institutions, the first having been proclaimed on 7 september 1990. Kosovos unilateral declaration of independence from serbia in february 2008 did not violate international law, the international court of justice said today as the united nations court released its advisory opinion on the issue. The 2008 kosovo declaration of independence was adopted on 17 february 2008 in a meeting of the assembly of kosovo. Kosovos declaration of independence on february 17, 2008, kosovo declared its independence from serbia, sparking celebration among the countrys ethnic albanians, who form 92% of the countrys population.
Declaration of independence of the republic of kosovo and. Oct 15, 2018 we intend to seek membership in international organisations, in which kosovo shall seek to contribute to the pursuit of international peace and stability. Our independence brings to an end the process of yugoslavias violent dissolution. Declaration of independence of the republic of kosovo and the. A month after kosovos declaration of independence, 18 member states had recognised kosovos independence and, by october 2008, the number reached 22. In its declaration of independence kosovo had declared that its international. By mid2009, 63 countries around the world, including 22 of the 27 members of the european union had recognized kosovo as independent. See research and documentation center, human losses in bosnia and herzegovina 199195 2007.
Jul 22, 2010 united nations, 22 july 2010 kosovo s unilateral declaration of independence from serbia in february 2008 did not violate international law, the international court of justice icj said today. Whether the declaration of independence is in accordance with international law. An examination of security council resolution 1244, which set forth the international oversight of kosovo following the 1999 nato intervention. The unanimous declaration of the thirteen united states of america, when in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the. Accordance with international law of the unilateral. Ten icj justices against four dissenting found that the declaration of kosovos selfgovernment authorities was not illegal under international law. Overview it is estimated that over 20,000 people in south eastern europe lack basic civil registration and documentation and may be of undetermined nationality, at risk of. In a meeting attended by 109 of the total 120 members, 1 the assembly unanimously declared kosovo to be independent from serbia, 2 while all 11 representatives of the serb minority boycotted the proceedings. Briefing before the bipartisan congressional briefing series sponsored by congressmen howard berman dca and chris shays rct on kosovos declaration of independence. Celebrations went on into the night after prime minister hashim thaci promised a democracy that respected the rights of all ethnic communities. On 22 july 2010 the international court of justice icj presented its advisory opinion on the accordance of kosovos unilateral declaration of independence udi with international law. Kosovos parliament declared the disputed territory a nation on sunday, mounting a historic bid to become an independent and democratic state backed by. Assembly of kosovo that issued the independence declaration operat.
Background to independence introduction and most recent developments kosovos declaration of independence on february 17, 2008, and the entry into force of a new kosovo constitution on june 15, have ushered in a new reality in the balkans, but one still with many uncertainties. It considers the legal issues implicated by kosovos declaration of independence and the subsequent recognition by various states of kosovo as an independent country. This designation is without prejudice to positions on status, and is in line with unscr 12441999 and the icj opinion on the kosovo declaration of independence. On february 17, kosovos parliament declared kosovos independence from serbia. Kosovos declaration of independence did not violate. Serbias pm denounced the us for helping create a false state. The document is therefore silent as to what form the final status of kosovo takes. It will do so by considering its legitimacy from a legal, empirical, normative and philosophical viewpoint as well as analysing how different claims to territory inform the ownership claims of both sides. It was adopted on 17 february 2008 by all of the 109 members that were present, which was the minimum number needed for it to pass. In 2010, the international court of justice icj delivered its advisory opinion on kosovos declaration of independence.
This triggered an international debate over whether kosovos. It was difficult for the court when it was asked to resolve, as a matter of law, a question which the states themselves had been unable to settle. An analysis of the icj advisory opinion on kosovos. Kosovo is an independent and sovereign state with inviolable territorial integrity and a modern and internationallyrecognized constitution. Serbia and the kosovo serb minority heatedly objected to the declaration and refused to recognize it. Icj advisory opinion on kosovo independence declaration. Assembly of kosovo, convened in an extraordinary meeting on february 17, 2008, in pristine, the capital of kosovo, answering the call of the people to build a society that honors human dignity and affirms the pride and purpose of its citizens, committed to confront the painful legacy of the recent past in a spirit of reconciliation and. Kosovothe history behind a declaration of independence. Refworld is the leading source of information necessary for taking quality decisions on refugee status. Kosovo declaration here is the text of kosovos declaration of independence, signed in parliament by speaker jakup krasniqi, prime minister hashim thaci and president fatmir sejdiu. Describe the mood of the people of kosovo regarding independence. Kosovo today, despite its declaration of independence, is an unfinished. The courts advisory opinion was welcomed by kosovo, other entities seeking independence and the uk government amongst others. It was against this background that, in 2008, the democratically elected assembly of kosovo passed the declaration of independence from serbia.
A remarkable document, thena unilateral declaration, erga omnes. It declared kosovo to be independent from serbia it was the second declaration of independence by kosovos albanian. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. Part v will also discuss some important political and legal issues that plague kosovo in its near future as a new state. Declaration of independence in 2008 and the subsequent recognition of kosovo by many countries, brought much needed stability to the balkans and closed the books on the. Hashim thaci joe biden fatmir sejdiu with declaration of independence of kosovo. Jul 22, 2018 however, within four days of kosovos declaration of independence, fifteen countries including the united states, united kingdom, france, germany, italy, and australia recognized the independence of kosovo. Advisory opinion on kosovos declaration of independence. Declaration of independence in 2008 and the subsequent recognition of kosovo by many countries, brought much needed stability to the balkans and closed the books on the protracted break what was once yugoslavia.
Kosovo declaration of independence and the international community. It remains to be seen, however, whether the present opinion will go. In light of the conflicts of the 1990s, independence is the only viable option to promote stability in the region. The first paragraph of the kosovo declaration of independence. International conference to launch position papers on kosovo. Kosovo declares its commitment to peace and stability in our region of southeast europe. Here is the text of kosovo s declaration of independence, signed in parliament by speaker jakup krasniqi, prime minister hashim thaci and president fatmir sejdiu. Pdf the advisory opinion on kosovos declaration of. Part v will discuss, and debunk, the relevant legal theories purporting to justify the kosovar independence. International conference to launch position papers on. The 2008 kosovo declaration of independence was adopted on 17 february 2008 by the assembly of kosovo. Sep 23, 2014 the kosovo parliaments declaration of independence stated that kosovo would continue to be bound by the united nations security council resolution 1244 1999 hereinafter sc resolution 1244 1999, as well as the ahtisaari plan.
Jul 22, 2010 kosovo s unilateral declaration of independence from serbia in february 2008 did not violate international law, the international court of justice icj said today in a groundbreaking ruling that. Kosovos declaration of independence has proven to be necessary and politically stabilizing. In terms of length, the kosovo advisory opinion is not out of line with other advisory opinions. The 2008 kosovo declaration of independence was an act of the provisional institutions of selfgovernment assembly of kosovo. The politics of recognition, kosovo and international law jessica. On this front, this thesis endorses the legality of kosovos declaration of independence. The court should not, in his view, have limited itself, as it did in the present advisory opinion, to select only the few reported and instantaneous facts of the circumstances surrounding the declaration of independence by kosovos authorities on 17. Kosovo and its impact on the world first published in 2008 on 17 february 2008, kosovo, the seventh nation to declare independence from the former yugoslavia geared itself to become the youngest sovereign entity of the world. Declaration of independence in congress, july 4, 1776. On 22 july 2010 the international court of justice icj presented its advisory opinion on the accordance of kosovo s unilateral declaration of independence udi with international law. Only 14 of the 44 pages deal with substantive legal questions, and. The icj found that the declaration of independence of kosovo adopted on 17 february. The kosovo parliaments declaration of independence stated that kosovo would continue to be bound by the united nations security council resolution 1244 1999 hereinafter sc resolution 1244 1999, as well as the ahtisaari plan. Kosovo declaration of independence and the international community an assessment by the kosovo monitoring task force ugo caruso1 abstract this paper provides an overview of the roles played by international organisations with relation to kosovo independence in the months prior to the declaration of independence to march 2008.
Working document, kosovo under unscr 1244 2007 progress. As of june 26, 2008, 43 states have recognized kosovo s independence. Kosovos unilateral declaration of independence from serbia in february 2008 did not violate international law, the international court of justice icj said today in. The icj, also known as the world court, was asked by the general assembly to give its opinion which is nonbinding on the legality of the independence. Kosovos international obligations under the resolution. General assembly of the united nations5 not a legally binding document. International court of justice advisory opinion on kosovo. Council resolution 12441999 and the international court of justice opinion on kosovos declaration of independence.
In light of the conflicts of the 1990s, independence is the only viable option to. Kosovo s declaration of independence on february 17, 2008, kosovo declared its independence from serbia, sparking celebration among the countrys ethnic albanians, who form 92% of the countrys population. The information has been carefully selected and compiled from unhcrs global network of field. Cite as, kosovo declaration of independence, 17 february 2008, available at. The courts opinion marks a further milestone in the international communitys engagement with kosovo and the socalled status question. The international court of justices advisory opinion on.
607 50 104 1197 1540 1055 1430 988 543 848 818 318 1276 1533 1090 846 1632 642 580 855 1515 728 1627 275 1018 1141 1662 93 1091 1514 1528 1229 1193 1494 248 1063 95 1435 1155 194 1162 1377 323 444 1182 376