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Kosovo breakaway from Serbia did not violate international law, world court rules

July 22, 2010. 19:12 EST

THE HAGUE (BNO NEWS) -- The International Court of Justice on Thursday ruled that Kosovo's unilateral secession from Serbia in 2008 did not violate international law.

The non-binding ruling by the International Court of Justice (ICJ) was given after the United Nations General Assembly asked the court to give its opinion on the legality of the independence declaration by the Provisional Institutions of Self-Government of Kosovo.

"The Court concludes that 'general international law contains no applicable prohibition of declarations of independence' and accordingly that the declaration of independence of 17 February 2008 did not violate general international law," said the court after a 10-4 vote.

ICJ also concluded that the declaration does not breach either a Security Council resolution from 1999 following the end of fighting in Kosovo, or the constitutional framework that was adopted by the Secretary-General’s Special Representative on behalf of the UN Interim Administration Mission in Kosovo (UNMIK).

"The Court therefore considers that it cannot accept the argument that resolution 1244 contains a prohibition, binding on the authors of the declaration of independence, against declaring independence," said the ICJ.

"The Court recalls that it has already held, earlier in its Advisory Opinion, 'that [this] declaration of independence... was not issued by the Provisional Institutions of Self-Government, nor was it an act intended to take effect, or actually taking effect, within the legal order in which those Provisional Institutions operated'.

Serbian Foreign Minister Vuk Jeremic, who was present in the court, said that his country would "never, under any circumstances" recognize a independent Kosovo. He said the ruling was "a difficult decision for Serbia."

Meanwhile, the U.S. expressed its support to the ruling. "The ICJ ruling strongly asserts that Kosovo's declaration of independence is legal, a judgment we support. Now it is time for Europe to unite behind a common future," State Department spokesman Philip Crowley said.

U.S. Secretary of State Hillary Clinton called on all states to move beyond the issue of Kosovo's status and engage constructively in support of peace and stability in the Balkans. "We call on those states that have not yet done so to recognize Kosovo," she said.

But Russia said its position on Kosovo remains unchanged. "Russia believes that the solution to the Kosovo issue lies only in the continuation of negotiations between the interested parties, which would be in keeping with Resolution 1244 UN SC," said Russia's Foreign Ministry Spokesperson Andrei Nesterenko.

Before the ICJ announced its decision, U.S. Vice President Joe Biden called Serbian President Tadic.

Biden affirmed the United States' full support for a democratic and multi-ethnic Kosovo, and he reiterated the United States' unwavering commitment to Kosovo's sovereignty and territorial integrity, the White House said in a readout of the call. He further urged the Serbian government to work constructively to resolve practical issues with Kosovo to improve the lives of the people of Kosovo, Serbia, and of the region.

Kosovo unilaterally declared independence from Serbia in 2008.