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Latest update: 23/07/2010
- Kosovo - Serbia - United Nations
Top UN court says Kosovo's breakaway from Serbia was 'legal'
The International Court of Justice in The Hague declared Thursday that Kosovo's 2008 declaration of independence from Serbia is legal. Outraged Serbia declared it will never recognise an independent Kosovo.
The International Court of Justice (ICJ) in The Hague ruled Thursday that Kosovo’s declaration of independence in February 2008 did not violate international law.
The opinion from the United Nations’ highest court is non-binding and does not grant the breakaway region formal independence.
The court said there is nothing in international law that prohibits declarations of independence and, as such, Kosovo's separatist vote “did not violate general international law.''
Within hours of the ruling, Serbia denounced the court's opinion and said it would never deal with Kosovo as an independent state. Prior to Thursday's ruling, Serbian Foreign Minister warned that if Kosovo's "secession" drive is successful then "no frontier in the world or in the region would be safe," according to the Tanjug news agency.
To achieve full statehood and independence, the Kosovo independence initiative will now move to the UN General Assembly where it must secure recognition from at least 100 countries before full statehood can be established. Currently, Kosovo's statehood is recognised by 69 countries.
That could prove to be a difficult challenge, as many of the UN’s largest countries are facing their own secession movements and are unlikely to favour the court’s opinion on Kosovo.
Russia, Spain, India and China are all confronting their own internal separatist movements and have publicly stated their opposition to Kosovo’s independence.
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Comments (3)
Correction
The court did not say Kosovo's breakaway was legal. The ruling stated that the declaration did not contravene international law. The implication is that the relevant sections of international law cover relations between and actions by recognised states. As the body that declared independence was not a recognised state, their declaration does not contravene the relevant laws.
The ruling was very narrowly and carefully constructed to cover ONLY the declaration, not Kosovo's status, or other countries' recognition of Kosovo. This is obviously intended to reassure other countries concerned about separatist movements, such as Spain and Cyprus.
Statehood
Kosovo would be unable to reach full statehood until the Security Council approves its application for UN membership.
Logical outcome
This means that Northern Kosovo, Republic of Srpska, Abkhazia & South Osetia, Northern Ireland, Basque, Catalonia, Corsica, Palestine, Kurdistan can immediately and legally become independent!
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