The UN and the issue of Kosova's independence

Just as Kosova is getting on with the business of building its nation following its declaration of independence in February, the UN General Assembly backed the request from the Serbian government for an advisory opinion from the international Court of Justice on the question of Kosova’s independence.

The text of the UN resolution is below:

United Nations Sixty-third session

Agenda item 71

Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law
Draft resolution submitted by Serbia

Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law

The General Assembly,
Mindful of the purposes and principles of the United Nations,
Bearing in mind its functions and powers under the Charter of the United Nations,
Recalling that on 17 February 2008 the Provisional Institutions of Self-Government of Kosovo declared independence from Serbia,
Aware that this act has been received with varied reactions by the Members of the United Nations as to its compatibility with the existing international legal order,
Decides, in accordance with Article 96 of the Charter of the United Nations to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court to render an advisory opinion on the following question:
“Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”.

77 countries supported the UN decision with 6 against, 74 abstentions and 35 which didn’t participate. The UK’s Ambassador to the UN, John Sawers submitted a letter in defence of Kosova’s declaration of independence stating that this was done in accordance with international law and that the an advisory opinion is not essential - a view which I also share. The UK wants the ICJ to also take into account the broader context of Kosova’s declaration of independence and has stressed that Kosova must be allowed to take part in the proceedings and argue its case. The only advantage in this opinion is the extent to which it should give greater legal certainty.

I was fortunate to have spent 3 days in Pristina earlier in February just before Kosova declared its independence and met with representatives from both the EU and UN missions, as well as some of the NGOs and representatives from across the political and ethnic spectrum. Everyone we spoke with underlined to us that Kosova could not go back to where it was before 1999 and had to keep going forwards and the only way to do that was through independence no matter how hard that road would be – there was no other option.

Since then I have kept a close eye on developments in Pristina and seen how Kosova has been able to move forward and slowly begin to take its place in the world – despite the continual resistance and opposition from Serbia and Russia both of which have refused to recognise Kosova’s declaration of independence.

In July an international donors conference was held in Brussels where the international community pledged 1.2 billion euros to rebuild Kosova such is the extent of support for Kosova and the understanding that much more needs to be done in order to secure stability in the Western Balkans.

Kosova’s independence is now recognised by 51 countries including most recently Albania, Montenegro and Macedonia, and is recognised by a majority of EU countries – 22 out of 27 with the exception of Spain, Greece, Cyprus, Romania, and Slovakia. As part of the wider recognition process, Kosova is already opening up a number of embassies across the world not least in Brussels where there will be a representative of the new Kosovan government in the Belgian Embassy. I’m looking forward to meeting with him in due course and to re-establish our initial contact with him from our time in Pristina back in February.