INDEPENDENCE OF KOSOVO ADVISORY OPINION

INDEPENDENCE OF KOSOVO ADVISORY OPINION

FACTS

A request for an advisory opinion referred to the International Court of Justice by the UN General Assembly regarding the 2008 Kosovo declaration of independence. Kosovo declared independence in 2008. USA, UK and majority of EU states recognised it, however, states such as Russia, Serbia, Spain and Greece did not recognise it. The territory of Kosovo is the subject of a dispute between Serbia and the Republic of Kosovo established by the declaration. This was the first case regarding a unilateral declaration of independence to be brought before the court.

HELD

Did not violate general international law because it contains no 'prohibition on declarations of independence nor did the adoption of the declaration of independence violate UN Security Council Resolution 1244, since this did not describe Kosovo's final status, nor had the Security Council reserved for itself the decision on final status.