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ICJ opts for compromise in decision on Kosovo

23. July 2010. | 08:25

Source: Tanjug

The International Court of Justice (ICJ) opted for compromise on Thursday when it announced that the independence declaration made by Kosovo's provisional authorities back in 2008 did not constitute a violation of international law.

The International Court of Justice (ICJ) opted for compromise on Thursday when it announced that the independence declaration made by Kosovo's provisional authorities back in 2008 did not constitute a violation of international law.

That way the ICJ avoided recognizing Kosovo Albanians the right to secession and transferred any further decisions about the Kosovo issue to the UN General Assembly.

The court's opinion on Thursday was an answer to the question whether the unilateral declaration of independence by Kosovo's provisional authorities on February 17, 2008, was in accordance with international law.

The question was posed by the UN General Assembly in October 2008 at Serbia's request.

The ICJ, however, avoided giving a direct answer, saying that the declaration was neither in line with nor in breach of international law.

The court states that the declaration does not violate international law because the law has no provisions about that.

International law has no active provisions that limit declarations of independence, therefore Kosovo's declaration of independence from February 17, 2008, does not violate international law, says in the ICJ decision.

The court stated that it did not discuss the right to self-determination or secession.

The ICJ has in fact opted to stay within the framework of its mandate, which states that it can decide disputes between countries, and to accept that international law neither recognizes nor denies separatist movements the right to secession.

This way the case of Kosovo has been sent back to the UN General Assembly, giving Serbia the opportunity to prove its policy in New York come autumn.

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