Today marks 10 years since the International Court of Justice issued an advisory opinion on Kosovo’s declaration of independence on 17 February 2008.
The 22 July 2010 advisory opinion stated that “the adoption of the declaration of independence of 17 February 2008 did not violate general international law because international law contains no ‘prohibition on declarations of independence.’”
It also stated that the declaration of independence did not violate the UN Security Council Resolution 1244.
It was delivered by a vote of 10 to 4, following Serbia’s request on 15 August 2008 at the United Nations seeking the opinion of the International Court of Justice.
Speaker of Parliament Vjosa Osmani, who was part of the team that represented Kosovo, quoted one of the ICJ judges who spoke of the terror and oppression perpetrated by Serbia.
“What has happened in Kosovo is that the victimized people has sought independence, in reaction against systematic and long-lasting terror and oppression, perpetrated in flagrant breach of the fundamental principle of equality and non-discrimination.”- Judge Trinidade, ICJ. 2/3 pic.twitter.com/dOBpdUdRax
— Vjosa Osmani (@VjosaOsmaniMP) July 22, 2020
Former Prime Minister Albin Kurti recalled the court’s opinion today, stressing that Kosovo has not been able to use it at its advantage to advance the country’s international recognition.
He noted that after the opinion, Kosovo entered a dialogue on technical issues with Serbia, then a political dialogue, which foreshadowed the relevance of the court’s decision and made Kosovo appear in position as if it was renegotiating its own status.
“The International Court of Justice has provided us with an important instrument in the international realm. It’s never late to use it properly,” he stated.
Kosovo has been in a dialogue for normalization of relations with Serbia since 2011.