Kosovo’s Independence is Legal, Says World Court

Kosovo’s unilateral declaration of independence from Serbia in 2008 did not violate international law
Kosovo’s Independence is Legal, Says World Court
RELIEF: Kosovo Albanians celebrate in the city of Mitrovica, Kosovo, following a decision by the United Nations-led International Court of Justice, that Kosovo's declaration of independence from Serbia is legal. (Laura Serbia/Getty Images)
7/22/2010
Updated:
10/1/2015
<a><img src="https://www.theepochtimes.com/assets/uploads/2015/09/103038546.jpg" alt="RELIEF: Kosovo Albanians celebrate in the city of Mitrovica, Kosovo, following a decision by the United Nations-led International Court of Justice, that Kosovo's declaration of independence from Serbia is legal.  (Laura Serbia/Getty Images)" title="RELIEF: Kosovo Albanians celebrate in the city of Mitrovica, Kosovo, following a decision by the United Nations-led International Court of Justice, that Kosovo's declaration of independence from Serbia is legal.  (Laura Serbia/Getty Images)" width="320" class="size-medium wp-image-1817065"/></a>
RELIEF: Kosovo Albanians celebrate in the city of Mitrovica, Kosovo, following a decision by the United Nations-led International Court of Justice, that Kosovo's declaration of independence from Serbia is legal.  (Laura Serbia/Getty Images)
Kosovo’s unilateral declaration of independence from Serbia in 2008 did not violate international law, the United Nations-led International Court of Justice said in an advisory decision on Thursday.

The non-binding decision, passed by a 10-4 vote, may push other countries to recognize Kosovo as an independent region, whose 1.8 million population consists for 90 percent of ethic Albanians.

At present, the tiny Balkan country has been recognized by 69 countries out of 192 U.N. member states, including the United States and most European Union countries. For official recognition as an independent state, Kosovo needs the nod from 100 U.N. members.

Kosovo’s President Fatmir Sejdiu called on more countries in the international community to recognize its statehood.

The Serbian government quickly denounced the decision. “Serbia will never recognize the unilaterally declared independence of Kosovo-Metohija,” Serbian Minister of Foreign Affairs Vuk Jeremic told reporters in The Hague, Netherlands, where the court is located.

Kosovo started sharp debate worldwide when it seceded from Serbia in 2008 after almost a decade of administration by the U.N. Interim Mission that followed the bloody 1998-1999 war with Serbia.

According to conservative estimates, 15,000 Serbian and Kosovar Roma civilians, as well as Kosovar Albanians died in the war and thousands went missing. The real death toll remains unclear, according to Human Rights Watch.

In 2008, the U.N. General Assembly asked the International Court of Justice to give an advisory opinion on the legality of the move by the Provisional Institutions of Self-Government (PISG) of Kosovo.

U.N. Secretary-General Ban Ki-moon will now send Thursday’s advisory opinion to the General Assembly, which will determine how to proceed on the matter.

“The secretary-general strongly encourages the parties to engage in a constructive dialogue and urges all sides to avoid any steps that could be seen as provocative and derail the dialogue,” said a statement by the U.N.

The dispute has troubled Serbia’s bid to join the EU, as has Serbia’s failure to capture Bosnian Serb Gen. Ratko Mladic, who was in command of the 1995 massacre in the country. Mladic is still at large and believed to be hiding in Serbia.

Meanwhile Russia, a historically an ally of Serbia, claimed that the court based its opinion on Kosovo having declared itself independent and not based on whether it had the right to do so under international law.

“Our position on the nonrecognition of Kosovo’s independence remains unchanged,” Russian Foreign Ministry Sergey Lavrov said in a statement.

NATO Secretary-General Anders Fogh Rasmussen said that the opinion ruling would not affect of the role of thousands of peacekeepers in Kosovo, known as KFOR.

“KFOR will continue to implement its mandate to maintain a safe and secure environment in an impartial manner throughout Kosovo, for the benefit of all communities, majority, and minority alike,” he said.

The United States said it hopes the decision may give a new opportunity to break the deadlock between Belgrade and Pristina.

“Now is the time for them to put aside their differences and move forward, working together constructively to resolve practical issues and improve the lives of the people of Kosovo, Serbia, and the region,” U.S. Secretary of State Hillary Clinton said in a statement.