The Advisory Opinion of the International Court of Justice on Kosovo's Declaration of Independence

• Author: Besnik Murati
• Position: Ma. Sc., PhD Candidate, International Law, South East European University, Tetovo, Republic of Macedonia
• Pages: 72-82

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 1/2017

72

The Advisory Opinion of the International

Court of Justice on Kosovo's Declaration of

Independence

Besnik MURATI

1

Abstract: The question raised by Serbia at the ICJ that, “Is the unilateral declaration of independence

by the Provisional Institutions of Self-Government of Koso vo in accordance with international law?”,

is my main focus in this study. The purpose of the paper is the study and analysis o f the advisory

opinion of the ICJ on Kosovo's declaration o f independence. In the b eginning, I will make a brief

chronology of the process up to the Declaration of Independence, offering historical and legal facts

that this way of declaration of independence was the only option for Kosovo. Later, I will focus on

contesting the declaration of independence from Serbia at the ICJ of UN. After contesting the

Declaration of Independence, will analyze the review and its judgment the ICJ, whether ICJ had

jurisdiction in the treatment and trial of the case, countries with their statements that were in support

of Kosovo an d countries which they were against it and in favor of Serbia. After review and trial at

the ICJ, I would analyze the decision of the ICJ that Kosovo's declaration of independence was i n

accordance with International Law? In conclusion, I would summarize the whole of the paper, the

process through which Kosovo went during this period. Was also an undeniable fact that the

Declaration of Independence was the only remaining option for Kosovo and its people?

Keywords: Declaration; Independence; Opinion; Judgment; Right

1. Chronology of the Process until the Declaration of Independence

“Serbian annexation of Kosovo in 1912 and again in 1945” (Reka, 1996, p. 109),

already, in addition to war any other alternative seemed impossible. “However, the

war in Kosovo began in 1997-98” (Reka, 2003, p. 71), especially “5, 6, and 7

March, 1998 ... Epic was the largest and most glorious but also the most tragic of

the KLA” (Krasniqi, 2006, p. 24). “Serbian killings in Kosovo recall the killings in

Bosnia” (Clinton, 2005, p. 712). To find a solution for Kosovo, the International

1

Ma. Sc., PhD Candidate, International Law, South East European University, Tetovo, Republic of

Macedonia, Address: Vushtrri, Republic of Kosovo, Correpsonding author: bm26140@seeu.edu.mk.

AUDJ, vol. 13, no. 1/2017, pp. 72-82