Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo
The declaration of independence by Kosovo did not violate international law, because general international law contains no prohibition on declarations of independence.
Facts
Kosovo, a province of Serbia with a majority Albanian population, had been administered by the United Nations since 1999, following the conflict between Serbian forces and Kosovo Albanians and the NATO intervention. In 2008, the institutions of Kosovo declared its independence from Serbia. At Serbia's request, the United Nations General Assembly asked the International Court of Justice whether the declaration was in accordance with international law.
Legal principle
The International Court of Justice advised that the declaration of independence did not violate international law. The court said that state practice showed no prohibition of declarations of independence in general international law, and that the principle of territorial integrity is confined to the sphere of relations between states. Declarations of independence had been held unlawful only where they were connected with the unlawful use of force or other egregious violations of norms of general international law. The declaration did not violate the Security Council resolution establishing the United Nations administration. The court deliberately did not decide whether Kosovo was a state, or whether there was a right of remedial secession.
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