Podcast
Questions and Answers
What specific aspect concerning Kosovo did the General Assembly's request to the International Court of Justice (ICJ) address?
What specific aspect concerning Kosovo did the General Assembly's request to the International Court of Justice (ICJ) address?
- The legality of the *unilateral declaration of independence* by the Provisional Institutions of Self-Government of Kosovo under international law. (correct)
- The establishment of the Constitution for Kosovo by the Constitutional Commission.
- The role and authority of the International Civilian Representative (ICR) in Kosovo.
- The recognition of Kosovo as an independent state by other nations.
According to the ICJ's advisory opinion, what is the relationship between the powers of the Security Council and the General Assembly regarding situations that pose a threat to international peace and security?
According to the ICJ's advisory opinion, what is the relationship between the powers of the Security Council and the General Assembly regarding situations that pose a threat to international peace and security?
- The General Assembly needs explicit permission from the Security Council before addressing issues of international peace and security.
- The General Assembly can discuss any situation, but lacks the power to make recommendations if the Security Council is actively addressing the same issue. (correct)
- The General Assembly's powers are completely subordinate to those of the Security Council in matters of international peace and security.
- Wherever the Security Council is actively addressing a threat, the General Assembly is barred from any discussion related to that situation.
According to the ICJ, what is the determining factor when deciding whether the court should provide an advisory opinion?
According to the ICJ, what is the determining factor when deciding whether the court should provide an advisory opinion?
- The potential political ramifications of the opinion on the involved parties.
- Whether the opinion is needed for the proper performance of the requesting organ's functions. (correct)
- Whether the requesting state is acting in its own interest.
- The distribution of votes in respect of the adopted resolution.
In the context of international law, what is the significance of Security Council Resolution 1244 (1999) as determined by the ICJ?
In the context of international law, what is the significance of Security Council Resolution 1244 (1999) as determined by the ICJ?
What is the relationship between Security Council Resolution 1244 (1999) and the Constitutional Framework for Provisional Self-Government in Kosovo?
What is the relationship between Security Council Resolution 1244 (1999) and the Constitutional Framework for Provisional Self-Government in Kosovo?
According to the ICJ's opinion, did the declaration of independence violate the Constitutional Framework?
According to the ICJ's opinion, did the declaration of independence violate the Constitutional Framework?
What conclusion did the ICJ reach regarding a general prohibition under international law on declarations of independence?
What conclusion did the ICJ reach regarding a general prohibition under international law on declarations of independence?
What explicit action relating to the final determination of the situation in Kosovo did the Security Council not take in Resolution 1244 (1999)?
What explicit action relating to the final determination of the situation in Kosovo did the Security Council not take in Resolution 1244 (1999)?
What distinction does the ICJ draw between the question presented to it and the question presented to the Supreme Court of Canada in Reference re Secession of Quebec?
What distinction does the ICJ draw between the question presented to it and the question presented to the Supreme Court of Canada in Reference re Secession of Quebec?
What prompted the need for international agencies to be involved in Kosovo, leading to UNMIK's establishment, which in turn led to UN Security Council resolution 1244?
What prompted the need for international agencies to be involved in Kosovo, leading to UNMIK's establishment, which in turn led to UN Security Council resolution 1244?
What is the best characterization of resolution 1244's nature?
What is the best characterization of resolution 1244's nature?
To whom is Security Council resolution 1244 (1999) primarily addressed?
To whom is Security Council resolution 1244 (1999) primarily addressed?
What conclusion did the ICJ draw about any obligations or prohibitions that stemmed from Security Council Resolution 1244 (1999) for particular actors?
What conclusion did the ICJ draw about any obligations or prohibitions that stemmed from Security Council Resolution 1244 (1999) for particular actors?
Which of the following considerations constitutes a 'compelling reason' for the ICJ to refuse giving an advisory opinion?
Which of the following considerations constitutes a 'compelling reason' for the ICJ to refuse giving an advisory opinion?
What was one principle underlying the approach to addressing the Kosovo crisis, as reflected in Security Council Resolution 1244?
What was one principle underlying the approach to addressing the Kosovo crisis, as reflected in Security Council Resolution 1244?
General Assembly resolution 2625 (XXV) reiterates what principle?
General Assembly resolution 2625 (XXV) reiterates what principle?
When interpreting Security Council resolutions, what factors must the ICJ consider?
When interpreting Security Council resolutions, what factors must the ICJ consider?
How did the Security Council's intent toward self-governance in Kosovo and a 'political settlement' affect the language of the ICJ's analysis?
How did the Security Council's intent toward self-governance in Kosovo and a 'political settlement' affect the language of the ICJ's analysis?
What did the ICJ determine about the General Assembly intending to restrain the ICJ's freedom to determine the ultimate issue?
What did the ICJ determine about the General Assembly intending to restrain the ICJ's freedom to determine the ultimate issue?
How does the text characterize Security Council condemnation of other declarations?
How does the text characterize Security Council condemnation of other declarations?
Ultimately, what did the ICJ decide?
Ultimately, what did the ICJ decide?
What is an accurate description of the Troika?
What is an accurate description of the Troika?
Which entity was responsible for creating the UNMIK regulations and the Constitutional Framework?
Which entity was responsible for creating the UNMIK regulations and the Constitutional Framework?
What is an accurate description of the Contact Group?
What is an accurate description of the Contact Group?
What has the General Assembly also adopted resolutions for?
What has the General Assembly also adopted resolutions for?
Flashcards
Jurisdiction of the Court
Jurisdiction of the Court
The power of the Court to give an advisory opinion based on Article 65, paragraph 1, of its Statute.
Discretion of the Court
Discretion of the Court
The Court's ability to decide whether to give an opinion, protecting its judicial function.
Scope and meaning of the question
Scope and meaning of the question
Power of the Court to clarify the question from the General Assembly.
Factual background
Factual background
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Declarations of independence
Declarations of independence
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Security Council resolution 1244
Security Council resolution 1244
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Interpretation of Security Council resolutions
Interpretation of Security Council resolutions
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Assessing Declaration
Assessing Declaration
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General Assembly's question
General Assembly's question
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General Assembly
General Assembly
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General Assembly's possible 'cantonization' concern.
General Assembly's possible 'cantonization' concern.
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Court interpreting the laws
Court interpreting the laws
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Court concluding
Court concluding
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Independence, and international law
Independence, and international law
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Security Council power
Security Council power
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KFOR mandate
KFOR mandate
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UNMIK authority
UNMIK authority
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Constitutional famework
Constitutional famework
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Reports to the security council
Reports to the security council
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Agreement impossible
Agreement impossible
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Study Notes
International Court of Justice Report
- Pertains to the accordance with international law of the unilateral declaration of independence in respect of Kosovo
- Issued as an of advisory opinion on 22 July 2010
Official Citation
- Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion, I.C.J. Reports 2010, p. 403
Key Events and Documents
- Security Council resolution 1244 (1999)
- UNMIK regulations
- General Assembly resolution 63/3, which requested from the International Court of Justice an advisory opinion
- Declaration of independence of 17 February 2008
Jurisdiction and Discretion of the Court
- The Court verified it's jursidiction to give the advisory opinion
- General Assembly competent to request advisory opinions under Article 96 of the Charter
- The question of the independence of Kosovo is considered a legal question under international law, and is suited to the court's proceedings
Scope and Meaning of the Question
- Issue asks about an advisory opinion on whether the declaration of independence is in line with international law
- Doesn't concern legal effects/consequences and whether or not Kosovo has achieved statehood
- Doesn't ask about the affect of those states who have or have not recognized Kosovo as now an independent state
- The identity of the authors affects declaration of independence with international law and judicial capabilities of court
Factual Background
- Framework for interim administration of Kosovo put in place by the Security Council, Security Council resolution 1244 (1999)
- Establishment of the United Nations Interim Administration Mission in Kosovo (UNMIK)
- Special Representative of the Secretary-General was required to fulfill “four pillars” of the UNMIK regime
- Appointment by Secretary-General of Special Envoy for the future status process for Kosovo was meant to establish Guiding Principles of the Contact Group
Whether the Declaration of Independence is in Accordance with International Law
- The Security Council was active over ten years dealing with matters of international peace and security
- The General Assembly has been active in adopting resolutions of human rights and financing of Kosovo
- Concerns by some that opinion will lead to adverse consequences and lead the Court to a decline to respond but the Court has consistently made clear who requests the opinion
- Articles 10 and 11 of the Charter provide the General Assembly a broad power to discuss matters and the fact of discussion doesn't mean that opinion is not needed
- For interim administration for Kosovo under Security Council resolution 1244 (1999) to put an end to armed conflict and grave humanitarian situation
General International Law Considerations
- General international law contains no applicable prohibition of declarations of independence and State practice during this period points clearly to conclusion
- During second half of the 20th century there were international law and self-determination developments that created independence for people
- Violations stem from illicit use of force or violations of international law.
- No general prohibition against unilateral declarations of independence may be inferred from the practice of the Security Council
Security Council Resolution 1244 (1999) and the UNMIK Constitutional Framework
- Within the legal framework of the United Nations Charter, notably on the basis of Articles 24, 25, and Chapter VII
- Resolutions imposing obligations under international law can and have been adopted
- No need for specific pronouncements on earlier resolutions of the Security Council before Security Council resolution 1244 (1999) which is recalled
- UNMIK’s Special Representative’s regulations, notably the Constitutional Framework, form part of the applicable international law
- Constitutional Framework powers are of provisional institutions and subject to the Special Rep of the Sec-Gen
Interpretation of Security Council Resolution 1244 (1999)
- Political solution to Kosovo shall be based on the Annex 1 principles and annex elaborated principles
- Security Council also decided that an international civil and security presence was to be established
- Solution embodied is the implementation of international territorial administration which provided humanitarian purpose
Key Conclusion
- Security Council did not bar the author of the declaration of 17 February 2008 from declaring independence, hence, the declaration did not the violate Sec Council Res 44
- Therefore the declarations made did not violate or do anything to the Constitutional Framework
- The General resolution was such that no applicable rule of international law had violations.
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