In the kosovo advisory opinion, the international court of justice took the position that kosovos unilateral declaration of independence did not violate any applicable rules of international law. How and why did the court become the battleground in which kosovos independence was to be fought out or not. Pdf the advisory opinion of the international court of justice on. The international court of justice icj, the principal judicial. On 22 july 2010, the international court of justice icj issued the muchawaited opinion on kosovos declaration of independence.
Jul 22, 2010 todays ruling by the international court of justice icj on the legality of kosovo s 2008 unilateral declaration of independence is a nonbinding, advisory opinion. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. There have been strong reactions to the international court of justice advisory opinion on kosovos declaration of independence, rendered on 22 july 2010. It is a wellworn theatrical adage to always leave the audience wanting more. It is clear that kosovo s independence has not set any precedent.
Ramifications of the icj kosovo advisory opinion for the. Murphy, reflections on the icj advisory opinion on kosovo. The court was to assess whether the unilateral kosovo independence declaration promulgated by the parliament in. Kosovo and serbia after the icj opinion crisis group europe report n206, 26 august 2010 page ii tions. Kosovo in the icj the case an analysis of the icj advisory opinion on kosovos unilateral declaration of independence. Aug 12, 2010 the absence of a unified policy of the international community towards the declaration of independence of kosovo i. International court of justice rules on kosovo independence.
Short essay analysing the 2010 opinion of the icj on kosovo s udi. On 8 december 2003, the general assembly of the united nations in its tenth emergency special session adopted resolution es1014, in which the assembly requested the international court of justice icj to urgently render an advisory opinion on. With regard to your point a the advisory opinion of the icj can be useful to the unga for any of these issues. Traditional gap in the icjs advisory opinion on kosovo. International court of justice advisory opinion on kosovos. Brand and others published kosovo after the icj opinion find, read and cite all the research you need on researchgate. Kosovos step and have thus far refused to recognize kosovo as an independent state. When seised of a request for an advisory opinion, the court must first consider whether it has jurisdiction to give the opinion requested and whether. Marko milanovic has done a great job parsing the main issues that were at bar, namely 1. In the wake of the july 2010 international court of justice icj advisory opinion on the legality of kosovos declaration of independence, kosovo and serbia have an opportunity to resolve differences, establish bilateral relations and unblock their paths to greater european union eu integration. Icj advisory opinion on kosovo an african perspective. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. The ruling, which held that the kosovo declaration of independence was not in violation of international law, drew praise from some quarters and negative reactions from other quarters led by serbia and other states which said their position. The general reaction to the opinion was mostly disappointment.
Kosovo and international law the icj advisory opinion of. International court of justice year 2010 2010 22 july general list no. Advisory opinion on kosovos declaration of independence. Icjs advisory opinion on the injustice anywhere is a threat to justice everywhere martin luther king jr. Article 65, paragraph 1, of the statute article 96, paragraph 1, of the. The ruling, which held that the kosovo declaration of independence was not in violation of international law, drew praise from some quarters and negative reactions from other quarters led by serbia and other states which. Is the unilateral declaration of independence by the. This book examines the 2010 kosovo advisory opinion of the international court of justice. The icjs kosovo advisory opinion, americal journal of international law vol. Accordance with international law of the unilateral declaration of independence in respect of kosovo was a request for an advisory opinion referred to the international court of justice by the united. The international court of justices advisory opinion on. Accordance with international law of the unilateral declaration of independence in respect of kosovo.
Pdf a note on the icj advisory opinion on kosovo researchgate. The structure and content of the austrian statements in the icj advisory proceedings concerning kosovo, gerhard hafnernadia. Collection of advisory opinions 19231930 series ab. The courts advisory opinion was welcomed by kosovo, other entities seeking independence and the uk government amongst others. Law and politics of the kosovo advisory opinion oxford. On july 22, 2010, the international court of justice icj issued its advisory opinion on kosovos. The icj has now officially announced that it will deliver its advisory opinion in the kosovo case on 22 july. Reactions to the international court of justice advisory. I will consider the separate opinions in another post. In the kosovo advisory opinion, the international court of justice took the position that kosovo s unilateral declaration of independence did not violate any applicable rules of international law. The kosovo advisory opinion, self determination, and. In its 2010 advisory opinion on accordance with international law of the unilateral declaration of independence in respect of kosovo, the international court of justice was called upon to interpret the meaning and legal effects of security council resolution 1244, which had authorized the deployment of international military forces and civilian administration into. The main theme of the book is the interplay between law and politics regarding kosovos independence generally and the advisory opinion specifically.
Collection of judgments, orders and advisory opinions from 1931 series c. Accordance with international law of the unilateral declaration of independence in respect of kosovo was a request for an advisory opinion referred to the international court of justice by the united nations general assembly regarding the 2008 kosovo declaration of independence. Pdf on 22 july 2010, the international court of justice hereinafter the icj delivered its advisory opinion on the accordance with international. Advisory opinion on kosovos declaration of independence wikipedia. Independence in respect of kosovo, icj advisory opinion of 22 july 2010, general list no. Accordance with international law of the unilateral declaration of independence in. As a result, when icj president, justice hisashi owada, read the courts opinion pdf holding that the udi does not violate international law, the involved parties were surprised that the court ruled firmly in favor of kosovo. Its pretty hard to ascertain the political motivations of every single state that voted for the request, but judging by that map and that of the countries that currently recognise kosovos independence see map below 1, i think that there are. Serbia, russia and some other governments condemned it. On 22 july 2010, the international court of justice icj issued the much awaited opinion on kosovos declaration of independence. The recent international court of justice icj decision on kosovo marked a watershed in international law on the legality of a unilateral declaration of independence udi and given the present state of armed conflicts and civil wars in africa offers a perspective on the impact of international law on resolving these disputes. A note on the icj advisory opinion on kos ovo article pdf available in german law journal 1178 august 2010 with 172 reads how we measure reads. The origins of the opinion lay in kosovos unilateral declaration of independence in 2008.
What is an advisory opinion of the international court of. Kosovo and serbia after the icj opinion crisis group. This chapter analyses the icjs advisory opinion, describing it as a tightrope exercise between different functions of an international judiciary. The court was to assess whether the unilateral kosovo independence declaration. Kosovo advisory opinion is not out of line with other. Which is why the icj in its advisory opinion states that, in the present case, however, the court 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. This article does not dispute the final finding, but rather critically examines the courts somewhat controversial reasoning and considers the added value of the opinion for the clarification of. The absence of a unified policy of the international community towards the declaration of independence of kosovo i. Whether the icj should exercise advisory jurisdiction in this case. Acts and documents relating to judgments and advisory opinions given by the court pleadings, oral arguments and documents series d. Overview of the case international court of justice. Instead, by a majority of 10 to four, the icj concluded that the adoption of. Institutions of selfgovernment of kosovo in accordance with interna tional law. Pdf short essay analysing the 2010 opinion of the icj on.
Numerous and frequentlyupdated resource results are available from this search. There have been strong reactions to the international court of justice advisory opinion on kosovo s declaration of independence, rendered on 22 july 2010. Acts and documents concerning the organization of the court. The kosovo advisory opinion scrutinized leiden journal of. Is the unilateral declaration of independence by the provisional.
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. Oct 10, 2008 overview of the case on 8 october 2008 resolution 633, the general assembly decided to ask the court to render an advisory opinion on the following question. In its 2010 advisory opinion on accordance with international law of the unilateral declaration of independence in respect of kosovo, the international court of justice was called upon to interpret the meaning and legal effects of security council resolution 1244, which had authorized the deployment of international military forces and civilian administration into kosovo in the. Short essay analysing the 2010 opinion of the icj on kosovos udi. On july 22, 2010, the international court of justice icj issued its longawaited advisory opinion on the legality of kosovos declaration of independence of february 17, 2008. The expectation had been that the icj would offer a mixed ruling that would give some comfort to serbia and some support to kosovo. The general assembly and the security council may request advisory opinions on any legal matter. It is clear that kosovos independence has not set any precedent. Icj advisory opinion on kosovo independence declaration. The territory of kosovo is the subject of a dispute between serbia and the republic of kosovo established by the. It was established in june 1945 by the charter of the united nations and began work in april 1946. Is the unilateral declaration of independence by the provisional institutions of selfgovernment of kosovo in accordance with international law.
Icj advisory opinion on the wall state of palestine. The international court of justices advisory opinion on kosovo. Overview of the case on 8 october 2008 resolution 633, the general assembly decided to ask the court to render an advisory opinion on the following question. For kosovo, the icj opinion acknowledges that its declaration of independence is in accord with international norms. Instead, by a majority of 10 to four, the icj concluded that the adoption of the. Likewise, one of the ironies of the international court of justices icj kosovo advisory opinion of 2010 is that it spawned a vast literature, much of it lamenting how little the court said. International court of justice advisory opinion on kosovo. At the same time, the icj, just as any national judicial organ. A note on the icj advisory opinion on kosovo article pdf available in german law journal 1178 august 2010 with 172 reads how we measure reads. Did icjs advisory opinion on kosovos declaration of. International court of justice year 2010 22 july 2010 accordance with international law of the unilateral declaration of independence in respect of kosovo jurisdiction of the court to give the advisory opinion requested.
There is now an emerging early consensus that the opinion is too narowly formulated and a lot of questions remain unanswered. Now that ive had a chance to read through the icjs advisory opinion, following are a few initial reactions. Kosovo, goettingen journal of international law vol. Accordance with international law of the unilateral declaration of independence in respect of kosovo, advisory opinion. The icjs advisory opinion on kosovo united states institute of.
Pdf the question raised by serbia at the icj that, is the unilateral declaration of independence. Background and the years of nonviolent resistance 9 1. From intrastate conflict to independent country 5 table of contents introduction 7 1. On 22 july 2010 the international court of justice gave its advisory opinion on the unilateral declaration of independence by kosovo. Is the unilateral declaration of independence by the provisional institutions of. The kosovo advisory opinion scrutinized leiden journal. Pdf kosovo in the icj the case an analysis of the icj. This article does not dispute the final finding, but rather critically examines the courts somewhat controversial reasoning and considers the added value of the opinion for the. Accordance with international law of the unilateral. As a dispute settlement body, the court has the task to facilitate the settlement of disputes which otherwise might continue to endanger international peace and security. Some kosovars worry more about the implications for their state of northern autonomy, but many internationals fear that border changes could provoke mass migration by kosovo serbs now living south of the ibar, as.
1441 799 380 1019 1456 1490 1187 165 1462 1449 1530 727 348 268 1562 310 1515 173 1344 194 769 819 1176 470 407 547 283 1371 235 6 296 611 1193 1579 883 283 1384 439 1083 1358 646 459 1415