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Kosovo: Politics and Government

Answer

The UK abstained on the UN General Assembly resolution seeking an advisory opinion from the International Court of Justice (ICJ) on the legality of Kosovo's declaration of independence. We strongly support the Court, but believe that Serbia's primary motivation for the question was political and that the resolution was pushed through with insufficient debate on its substance.The UK has participated actively in the Court's proceedings, making two written submissions and an oral statement.The UK explained to the Court that the declaration of independence was not incompatible with either general international law or UN Security Council Resolution (UNSCR) 1244. UNSCR 1244 set a framework for status negotiations; it did not predestine any particular outcome. The negotiating process was pursued with commitment by many, including the international community. However, these exhaustive attempts to achieve an agreed resolution ultimately failed. This led the UN Special Envoy for the Future Status Process for Kosovo to conclude that independence was the only viable solution.A number of very particular factual circumstances, including the violent break-up of Yugoslavia, serious human rights abuses against Kosovo Albanians by Serbia, and the sustained involvement of the international community in the attempt to achieve a resolution make Kosovo a sui generis case which creates no wider precedent for developments elsewhere.To date, 64 countries have recognised Kosovo and it is now a member of the International Monetary Fund and World Bank. The clock cannot be turned back on Kosovo's independence—it is a reality.The text of the UK submissions to the Court are available on the ICJ website:"http://www.icj-cij.org"

Secondary information

Type

Written question

Reference

503 c199W; 307788

Session

2009-10

Subjects

Recognition of states Kosovo

Link

View this Written question on www.publications.parliament.uk