Sage-Tips

What did the ICJ court assess in its advisory opinion on Kosovo 2010 and what did it declare?

The court delivered its advisory opinion on 22 July 2010; by a vote of 10 to 4, it declared 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’, nor did the adoption of the …

What is advisory opinion of ICJ?

An advisory opinion is legal advice provided to the United Nations or a specialized agency by the International Court of Justice, in accordance with Article 96 of the UN Charter.

When did Kosovo gain independence from Serbia?

February 17, 2008
Kosovo declared its independence from Serbia on February 17, 2008. In its declaration of independence, Kosovo committed to fulfilling its obligations under the Ahtisaari Plan, to embrace multi-ethnicity as a fundamental principle of good governance, and to welcome a period of international supervision.

How did Kosovo secede?

On February 17, 2008, Kosovo formally declared independence. Serbia, backed by Russia, called the declaration illegal. Serbs living in Kosovo largely opposed Kosovar independence as well; they soon elected their own assembly as a direct challenge to Kosovo’s new constitution, which took effect in June.

Does Kosovo’s declaration of independence violate international law?

In its Advisory Opinion delivered on 22 July 2010, the Court concluded that “the declaration of independence of Kosovo adopted on 17 February 2008 did not violate international law”.

What happened on 1 December 2009 in Kosovo?

Public sitting held on Tuesday 1 December 2009, at 3 p.m., at the Peace Palace, President Owada, presiding, on the Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo (Request for advisory opinion submitted by the General Assembly of the United Nations)

What was the purpose of the declaration of independence of Serbia?

It concluded that the object and purpose of that resolution was to establish “a temporary, exceptional legal régime which . . . superseded the Serbian legal order . . . on an interim basis”. It then examined the identity of the authors of the declaration of independence.