International Court of Justice

“ In assessing whether or not the declaration of independence is in accordance with international law, the Court must be free to examine the entire record and decide for itself whether that declaration was promulgated by the Provisional Institutions of Self-Government or some other entity. ”

“ It is the United Nations Charter that is ultimately to guide any reasoning. In his view, Kosovo's declaration of independence can only be appropriately considered in the light of the complex and tragic factual background of the grave humanitarian crisis of Kosovo, which culminated in the adoption by Security Council of its resolution 1244 (1999) . The Law of the United Nations has been particularly attentive to the conditions of living of the population, in Kosovo as in distinct parts of the world, so as to preserve international peace and security. ”

“ The ultimate goal is the formation and consolidation of a multi-ethnic democratic society, under the rule of law, with the prevalence of the fundamental principle of equality and non-discrimination, the exercise of the right of participation in public life, and of the right of equal access to justice by everyone. ”

“ Under this outlook, Judge Cançado Trindade reassesses territorial integrity in the framework of the humane ends of the State, and considers the principle of selfdetermination of peoples applicable, beyond decolonization, in new situations of systematic oppression, subjugation and tyranny. He stresses the fundamental importance, in the context of the Kosovo crisis, of the principles of humanity, and of equality and non-discrimination, so as to extract the basic lesson: no State can use territory to destroy the population ”

“ He ponders that ours is the age of an ever-increasing attention to the advances of the 'rule of law at both national and international levels. The international community expects that the Court acts at the height of the responsibilities incumbent upon it; it is incumbent upon the Court to say what the Law is (juris dictio) , and it ought thus to deliver, as it has just done, the requested Advisory Opinion, thus fulfilling faithfully its duties as the principal judicial organ of the United Nations. ”

“ On the contrary, State practice during this period points clearly to the conclusion that international law contained no prohibition of declarations of independence. During the second half of the twentieth century, the international law of self-determination developed in such a way as to create a right to independence for the peoples of non-self-governing territories and peoples subject to alien subjugation, domination and exploitation. A great many new States have come into existence as a result of the exercise of this right. ”

“ The interim administration in Kosovo was designed to suspend temporarily Serbia's exercise of its authority flowing from its continuing sovereignty over the territory of Kosovo. The purpose of the legal régime established under resolution 1244 (1999) was to establish, organize and oversee the development of local institutions of self-government in Kosovo under the aegis of the interim international presence.
Thirdly, resolution 1244 (1999) clearly establishes an interim régime; it cannot be understood as putting in place a permanent institutional framework in the territory of Kosovo. ”

“ Contemporary international law is no longer indifferent to the fate of the population, the most precious constitutive element of statehood. The advent of international organizations has helped to put an end to the reversal of the ends of the State, and the expansion of international legal personality has entailed the expansion of international accountability. ”

“ The Universal Declaration placed the principle in a wider dimension, and projected it at universal level, by taking the individual qua individual, qua human being, irrespective of being a member of a minority, or an inhabitant of a territory under the mandates system, or, later on, under the trusteeship system. ”

“ While the Court has made it clear that it will not evaluate the motives of the requesting organ it does in practice determine, if the issue arises, whether the requesting organ has or claims to have a sufficient interest in the subject-matter of the request. ”