An Analysis of the ICJ Advisory Opinion on Kosovo's Unilateral Declaration of Independence

The International Court of Justice (ICJ) ruled in an advisory opinion on 22 July 2010 that Kosovo's 17 February 2008 unilateral declaration of independence from Serbia did not violate international law. The Kosovo Parliament's declaration of independence stated that Kosovo would continue to be bound by the United Nations Security Council Resolution 1244 (1999) (hereinafter “SC Resolution 1244 (1999)”), as well as the Ahtisaari plan. UN Special Envoy for Kosovo Martti Ahtisaari's proposal, produced in February 2007, defined Kosovo's internal settlement, minority-protection mechanisms, and allowed for independence under international supervision. The proposal increased the powers devolved to Kosovar institutions but without providing for the complete removal of international oversight and authority.