On this day, the International Court of Justice (ICJ) affirmed Kosova’s Independence Declaration. According to the ICJ, the Declaration did not violate any international laws. Initially, the ICJ determined whether it was authorized to provide an opinion on the subject. The Court proceeded after determining that there were no compelling reasons for declining.
The ICJ examined the historical practices of other countries to determine whether the Declaration was by international law. The Court determined that independence declarations were not universally prohibited. They further stressed that the principle of territorial integrity only applies to interactions between nations and that there was no universal rule prohibiting declarations of independence based on Security Council resolutions. As a result, the Court determined that Kosova’s statement followed international law.
Concerning Security Council Resolution 1244, the Court concluded that it established a temporary legal framework that took precedence over Serbian law. They also discovered that the Declaration’s writers operated independently of the interim administration, representing the people of Kosova. Because Resolution 1244 did not address Kosova’s final status, whereas the Declaration did, the Court decided that the Declaration wasn’t in breach of the resolution. This increased the Declaration’s validity.
Finally, the ICJ ruled that Kosova’s Declaration of Independence was valid, finding that it did not violate any international rules. On September 9, 2010, the General Assembly recognized this decision by passing Resolution 64/298.
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