International recognition of Kosovo

Kosovo's declaration of independence from Serbia was enacted on Sunday, 17 February 2008 by a unanimous quorum of the Assembly of Kosovo, with 109 in favour and with no opposition, with all 11 representatives of the Serb minority boycotting the proceedings. International reaction was mixed, and the world community continues to be divided on the issue of the international recognition of Kosovo.

Background
As of 11 July 2009, 62 (32%) out of 192 sovereign United Nations member states have formally recognised the Republic of Kosovo as an independent state. Notably, a majority of member states of the European Union (22 out of 27) and NATO (24 out of 28) have recognised Kosovo. Of the four countries that border Kosovo, only Serbia refuses to recognise it.

A number of states expressed concern over the unilateral character of Kosovo's declaration, or announced explicitly that they will not recognise an independent Kosovo. The UN Security Council remains divided on this issue: of its five members with veto power, three (the United States, United Kingdom, France) have recognised the declaration of independence, while the People's Republic of China has expressed concern, urging the continuation of previous negotiation framework. Russia has rejected the declaration and considers it illegal. On 15 May 2008, Russia, China, and India released a joint statement where they called for new negotiations between the authorities of Belgrade and Pristina.

Although EU member states decide individually whether to recognise Kosovo, by consensus the EU has commissioned the European Union Rule of Law Mission in Kosovo (EULEX) to ensure peace and continued external oversight. Due to the dispute in the UN Security Council, the reconfiguration of the UN Interim Administration Mission in Kosovo (UNMIK) and partial handover to the EULEX mission met with difficulties. In spite of Russian and Serbian protests, the UN Secretary-General Ban Ki-moon proceeded with the reconfiguration plan. On 15 July 2008, he stated: "In the light of the fact that the Security Council is unable to provide guidance, I have instructed my Special Representative to move forward with the reconfiguration of UNMIK ... in order to adapt UNMIK to a changed reality". According to the Secretary-General, the "United Nations has maintained a position of strict neutrality on the question of Kosovo's status".

On November 26, 2008, the UN Security Council gave the green light to the plan by Secretary General Ban Ki-moon on the deployment of the EULEX mission in Kosovo. Under the plan, the EU mission is to assume police, justice and customs duties from the UN, while remaining neutral regarding Kosovo's status and operating under the 1244 resolution that first placed Kosovo under UN administration in 1999.

A UN General Assembly resolution adopted on 8 October 2008 backed the request of Serbia to seek an advisory opinion from the International Court of Justice on the legality of Kosovo's unilaterally proclaimed independence.

As of late July 2008, UNMIK no longer provides the citizens of Kosovo with travel documents, while their ability to travel using the new Kosovan passport does not coincide with diplomatic recognition: for example Greece, Romania and Slovakia make it possible, despite not recognising Kosovo. The three neighbouring states that recognise Kosovo—Albania, Montenegro and Macedonia—all accept the Kosovan passport, which Serbia refuses.

Serbia's reaction
Serbia claims Kosovo as part of its sovereign territory.

Among its reactions, Serbia recalled its ambassadors from countries that recognised Kosovo for consultations for several months, indicted the Kosovar leaders on charges of high treason, and announced plans to litigate the case at the International Court of Justice. Serbia also expelled ambassadors from countries that recognised Kosovo after the vote in the United Nations General Assembly in which the initiative of Serbia to seek an advisory opinion by the International Court of Justice was adopted.

Positions taken by intergovernmental organisations
Under international law, intergovernmental organisations do not themselves possess the legal capacity to diplomatically recognise any state; their member states do so individually. However, depending on the intergovernmental organisation's rules of internal governance and the positions of their member states, they may express positive or negative opinions as to declarations of independence, or choose to offer or withhold membership to a newly-declared state.

International Court of Justice advisory opinion proceedings
On 26 March 2008 the Government of Serbia announced its intention to litigate at the International Court of Justice (ICJ) the legality of the unilateral declaration of independence by Kosovo. On 15 August 2008 Serbian Foreign Minister Vuk Jeremić filed a request at the United Nations, seeking the General Assembly's referral to the ICJ for an advisory opinion in the matter. On 8 October 2008, in a vote was taken at the United Nations, 77 member states backed the initiative. The resulting adopted UN GA resolution, designated A/63/L.2, states: Reflecting on the goals and principles of the UN, bearing in mind the functions and power in line with the UN Charter, we recall that on February 17, 2008 the provisional institutions of self-government of Kosovo proclaimed independence from the Republic of Serbia.

Aware that this act was received differently by UN members in relation to its harmonisation with the existing legal order,

We decide to request from the ICJ, in line with Article 96 of the UN Charter and Article 65 of the ICJ Statute, to give an advisory opinion on the following question:

"Is the unilateral declaration of independence by provisional institutions of self-government in Kosovo in accordance with international law?"

On 21 April 2009, the ICJ announced that 35 member states of the United Nations had filed written statements within the time-limit fixed by the court (17 April 2009) on the question of the legality of Kosovo's UDI. Kosovo also filed a written contribution. The court later announced the inclusion of documents submitted by Venezuela and the UN Secretary-General Ban Ki-moon.

Notes and references
Международна реакция на декларацията за независимост на Косово Mezinárodní reakce na jednostranné vyhlášení nezávislosti Kosova Κοσσυφοπέδιο Kosovo Međunarodna reakcija na proglašenje neovisnosti Kosova Relazioni internazionali del Kosovo Reaksi antarabangsa mengenai pengisytiharan kemerdekaan Kosovo 2008 Internationale erkenning van de onafhankelijkheid van Kosovo Państwa formalnie uznające niepodległość Kosowa Reacção internacional à declaração de independência do Kosovo de 2008 Recunoaşterea independenţei provinciei Kosovo la nivel internaţional Международная реакция на провозглашение независимости Косова Mednarodni odziv na razglasitev neodvisnosti Kosova leta 2008 Njohja e Kosovës si shtet i pavarur Међународна реакција на једнострано проглашење независности Косова и Метохије Omvärldens reaktioner på Kosovos självständighetsförklaring Kosova'nın bağımsızlık bildirisine uluslararası tepkiler