Advisory Opinion on Kosovo’s Unilateral Declaration of Independence: Strategic Silence by the International Court of Justice

Abstract

Kosovo, one of Serbia’s autonomous provinces unilaterally declared independence in 2008. In denial of such, Serbia sought an opinion from the International Court of Justice, which returned an advisory opinion stating that Kosovo’s said declaration does not violate the contemporary international law. The opinion has attracted much criticism for failing to adopt a broader interpretation of the question posed and the limited discussion engaged with, in terms of law related to the posited question. Despite the non-binding nature of the advisory opinions, and the supposedly narrow approach of this opinion, it still has posed many implications not only on the status of Kosovo but also on the development of the international law in relation. This paper attempts to engage in an analysis of the said advisory opinion, its alleged narrowness, and the wider implications it may pose to the international law and its actors, more pertinently on issues of statehood, recognition of states, territorial integrity, and future ramifications for UN peace arrangements.