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03.09.2010
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ICJ rules Kosovo's declaration of independence was legal

23.07.2010 13:34

Kosovo's declaration of independence from Serbia in February 2008 was legal, the International Court of Justice ruled in a 10-4 vote Thursday.

The U.N. General Assembly asked the court to clarify the legality of Kosovo's declaration of independence, based on a request from Serbia, and the court held hearings last December.

Serbia maintains Kosovo's move for independence was illegal and that it remains a part of the Serbian republic.

Thursday's verdict was not legally binding. It's an advisory opinion, not a judgment.. The United Nations General Assembly therefore remains free to decide what action to take.

The court considered written statements from 36 U.N. member states, including Serbia, along with Kosovo.

Since the declaration of independence, many countries, including the United States and United Kingdom, have recognized Kosovo as an independent state. Many countries - such as Russia, China, neighboring Bosnia, and the European nations of Spain and Greece - have not, however.
The court's opinion could also encourage other separatist regions to declare independence.

UN Secretary General Ban Ki-moon called Thursday for “constructive dialogue” between Serbia and Kosovo after a UN court found Kosovo did not violate international law in declaring its independence in 2008.

“The Secretary-General urges all sides to avoid any steps that could be seen as provocative and derail the dialogue,” said a statement issued by the secretary-general’s spokesperson, adding that Ban “strongly encourages the parties to engage in a constructive dialogue.”

The statement said the UN chief will be forwarding the advisory opinion of the International Court of Justice (ICJ) to the General Assembly, which had requested the Court’s advice and which will determine how to proceed on this matter.

 

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