Legal decision
ICJ advisory opinion on Kosovo, 2010
The International Court of Justice held that Kosovo's 2008 declaration of independence did not violate international law.
What happened
The UN General Assembly, by resolution 63/3, asked the International Court of Justice for an advisory opinion on whether Kosovo's declaration of independence was in accordance with international law.[1] On 22 July 2010 the Court, by 10 votes to 4, held that the adoption of the declaration did not violate international law, finding that general international law contains no prohibition on unilateral declarations of independence and that Resolution 1244 was silent on Kosovo's final status, establishing only a temporary interim administration.[2]
The Court's decision to accept jurisdiction was unanimous (15-0), and its decision to exercise discretion to answer the question was by 9 votes to 5.[3] The Court reasoned that the declaration was adopted by persons acting as representatives of the people of Kosovo outside the framework of the interim administration, and so was not bound by the constraints applicable to Kosovo's Provisional Institutions of Self-Government.[4]
Sources for this page
Each number marks a specific claim. Notes give the source, its locator and how it relates to the claim.
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1.
Claim: The UN General Assembly, by resolution 63/3, asked the International Court of Justice for an advisory opinion on whether Kosovo's unilateral declaration of independence of 17 February 2008 was in accordance with international law.
- International Court of Justice, Summary of the Advisory Opinion of 22 July 2010 (International Court of Justice, 22 July 2010) link, Question Referred section. Source record
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2.
Claim: On 22 July 2010 the International Court of Justice, by 10 votes to 4, held that the adoption of Kosovo's declaration of independence did not violate international law, finding that general international law contains no prohibition on unilateral declarations of independence and that Resolution 1244 was silent on Kosovo's final status, establishing only a temporary interim administration.
- International Court of Justice, Summary of the Advisory Opinion of 22 July 2010 (International Court of Justice, 22 July 2010) link, The Court's Answer and Main Legal Reasoning sections. Source record
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3.
Claim: The Court's decision to accept jurisdiction was unanimous (15-0); its decision to exercise discretion to answer the question was by 9 votes to 5; and its substantive finding that the declaration did not violate international law was by 10 votes to 4.
- International Court of Justice, Summary of the Advisory Opinion of 22 July 2010 (International Court of Justice, 22 July 2010) link, Vote Count section. Source record
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4.
Claim: The Court reasoned that the declaration was adopted by persons acting as representatives of the people of Kosovo outside the framework of the interim administration set up under Resolution 1244, and so was not bound by the constraints applicable to Kosovo's Provisional Institutions of Self-Government.
- International Court of Justice, Summary of the Advisory Opinion of 22 July 2010 (International Court of Justice, 22 July 2010) link, On the Declaration's Authors section. Source record