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    Accordance with international law of the unilateral declaration of independence in respect of Kosovo
    Accordance with international law of the unilateral declaration of independence in respect of Kosovo
    Accordance with international law of the unilateral declaration of independence in respect of Kosovo
    Ebook72 pages1 hour

    Accordance with international law of the unilateral declaration of independence in respect of Kosovo

    By United Nations

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    About this ebook

    In 2008 Kosovo declared independence from Serbia. This was accepted by some countries and rejected by others. This document examines whether Kosovo's declaration was in line with International Law, or not.
    LanguageEnglish
    PublisherGood Press
    Release dateDec 8, 2020
    ISBN4064066062965
    Accordance with international law of the unilateral declaration of independence in respect of Kosovo

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      Accordance with international law of the unilateral declaration of independence in respect of Kosovo - United Nations

      United Nations

      Accordance with international law of the unilateral declaration of independence in respect of Kosovo

      Published by Good Press, 2022

      goodpress@okpublishing.info

      EAN 4064066062965

      Table of Contents

      Cover

      Titlepage

      Text

      Advisory opinion of 22 July 2010

      On 22 July 2010, the International Court of Justice gave its Advisory Opinion on the question of the Accordance with international law of the unilateral declaration of independence in respect of Kosovo.

      The Court was composed as follows: President Owada; Vice-President Tomka; Judges Koroma, Al-Khasawneh, Buergenthal, Simma, Abraham, Keith, Sepúlveda-Amor, Bennouna, Skotnikov, Cançado Trindade, Yusuf, Greenwood; Registrar Couvreur.

      ***

      The final paragraph (para. 123) of the Advisory opinion reads as follows:

      "…

      The Court,

      (1) Unanimously,

      Finds that it has jurisdiction to give the advisory opinion requested;

      (2) By nine votes to five,

      Decides to comply with the request for an advisory opinion;

      IN FAVOUR: President Owada; Judges Al-Khasawneh, Buergenthal, Simma, Abraham, Sepúlveda-Amor, Cançado Trindade, Yusuf, Greenwood;

      AGAINST: Vice-President Tomka; Judges Koroma, Keith, Bennouna, Skotnikov;

      (3) By ten votes to four,

      Is of the opinion that the declaration of independence of Kosovo adopted on 17 February 2008 did not violate international law.

      IN FAVOUR: President Owada; Judges Al-Khasawneh, Buergenthal, Simma, Abraham, Keith, Sepúlveda-Amor, Cançado Trindade, Yusuf, Greenwood;

      AGAINST: Vice-President Tomka; Judges Koroma, Bennouna, Skotnikov.

      ***

      Vice-President Tomka appended a declaration to the Advisory Opinion of the Court; Judge Koroma appended a dissenting opinion to the Advisory Opinion of the Court; Judge Simma appended a declaration to the Advisory Opinion of the Court; Judges Keith and Sepúlveda-Amor appended separate opinions to the Advisory Opinion of the Court; Judges Bennouna and Skotnikov appended dissenting opinions to the Advisory Opinion of the Court; Judges Cançado Trindade and Yusuf appended separate opinions to the Advisory Opinion of the Court.

      ***

      History of the proceedings (paras. 1-16)

      The Court begins by recalling that the question on which the advisory opinion has been requested is set forth in resolution 63/3 adopted by the General Assembly of the United Nations (hereinafter the General Assembly) on 8 October 2008. It further recalls that that question reads as follows: Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?

      The Court then gives a brief summary of the history of the proceedings.

      Reasoning of the Court

      The Advisory Opinion is divided into five parts: (I) jurisdiction and discretion; (II) scope and meaning of the question; (III) factual background; (IV) the question whether the declaration of independence is in accordance with international law; and (V) general conclusion.

      I. Jurisdiction and discretion (paras. 17-48)

      A. Jurisdiction (paras. 18-28)

      The Court first addresses the question whether it possesses jurisdiction to give the advisory opinion requested by the General Assembly on 8 October 2008. The power of the Court to give an advisory opinion is based upon Article 65, paragraph 1, of its Statute, which provides that [it] may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.

      The Court notes that the General Assembly is authorized to request an advisory opinion by Article 96 of the Charter, which provides that [t]he General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question. It recalls that Article 12, paragraph 1, of the Charter ​provides that, [w]hile the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the…Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.

      The Court observes, however, as it has done on an earlier occasion, that [a] request for an advisory opinion is not in itself a `recommendation' by the General Assembly `with regard to [a] dispute or situation' (Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004 (I), p. 148, para. 25). Accordingly, the Court points out that while Article 12 may limit the scope of the action which the General Assembly may take subsequent to its receipt of the Court's opinion, it does not in itself limit the authorization to request an advisory opinion which is conferred upon the General Assembly by Article 96, paragraph 1.

      The Court notes that, in the present case, the question put by the General Assembly asks whether the declaration of independence to which it refers is in accordance with international law. A question which expressly asks the Court whether or not a particular action is compatible with international law certainly appears to be a legal question. It also observes that, in the present case, it has not been asked to give an opinion on whether the declaration of independence is in accordance with any rule of domestic law but only whether it is in accordance with international law. The Court can respond to that question by reference to international law without the need to enquire into any system of domestic law.

      The Court recalls that it has repeatedly stated that the fact that a question has political aspects does not suffice to deprive it of its character as a legal question (Application for Review of Judgement No. 158 of the United Nations Administrative Tribunal, Advisory Opinion, I.C.J.

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