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 22 July 2010
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Kosovo's declaration of independence did not violate international law-UN Court

Kosovo's unilateral secession from Serbia in 2008 did not violate international law, the World Court said on Thursday.

Judge Hisashi Owada

Judge Hisashi Owada

The ruling is likely to lead to more countries recognising Kosovo's independence and move Pristina closer to entry into the United Nations.

In a non-binding opinion passed 9 to 5, President of the International Court of Justice, Judge Hisashi Owada, said "the authors of the declaration of independence were not bound by the framework of powers and responsibilities established to govern the conduct of the provisional institutions of self-government.

"Accordingly the court finds that the declaration of independence did not violate the general inernational constitutional framework... the declaration of independence of 17th February 2008 did not violate general law, Security Council resolution 1244 or the constitutional framework. Consequently the adoption of that declaration did not violate any applicable rule of international law."

Kosovo is recognized by 69 countries, including the United States and most European Union nations. It needs 100 for full statehood.

The opinion was requested by the UN General Assembly.

In a statement following the Court's decision, UN Secretary-General Ban Ki-moon said he will be forwarding the advisory opinion to the General Assembly, which had requested the Court's advice and which will determine how to proceed on this matter.

The statement says 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".

Donn Bobb, United Nations Radio.

(duration; 1'37")

Sound bites

Hisashi Owada

"Accordingly the court finds that the declaration of independence did not violate the constitutional framework... the declaration of independence of 17th February 2008 did not violate general law, Security Council resolution 1244 or the constitutional framework. Consequently the adoption of that declaration did not violate any applicable rule of international law."
Duration: 00:00:27