Romania’s Activity in the Field of Public…

ICJ Advisory Opinion on Kosovo

 The Ministry of Foreign Affairs of Romania took note of the presentation by the International Court of Justice, on 22 July 2010, of the Advisory Opinion on the „accordance with international law of the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo”.

The Ministry of Foreign Affairs of Romania reiterates Romania’s profound and constant attachment to the international law and its full and comprehensive observance, as the essential foundation of the international relations and foreign policy, as well as the respect for the International Court of Justice, the main judicial body of the United Nations.

The Ministry of Foreign Affairs of Romania deems necessary a detailed analysis of the Advisory Opinion, in order to identify, in a correct and complete manner, the reasoning of the Court. The text of the advisory opinion has a complex character, stemming out of the numerous legal issues which were analyzed, as well as out of the manner in which the question addressed to the Court was formulated.

Based on a preliminary analysis, the Romanian side notices that the way in which the question was formulated by the General Assembly of the United Nations did not allow the Court to approach the issue on substance. Therefore, the Court analyzed, in a restrictive manneronly the legality of making a declaration of independence per se, not the legal consequences of such a declaration, i.e. the legality of the creation of an allegedly new state.

Therefore, the ICJ noted in the advisory opinion the narrow and specific character of the question, underlining that the question was not referring to the legal consequences of the declaration, to whether or not Kosovo has achieved statehood, or to the validity or the legal effects of the recognition of Kosovo by those States which have recognized it as a State[1]

Consequently, the Court did not examine whether the declaration lead or not to the legal creation of a State and whether the international law confers Kosovo a right to declare its independence or a right to secession[2]. The Court shows with utmost clarity that it cannot examine the applicability of the right to self-determination in this case – as being beyond the scope of the question, considering the way it was formulated[3]. The Ministry of Foreign Affairs of Romania notes that this limitative approach is criticized by the dissenting opinions attached to the Advisory Opinion.

Under these circumstances, the Ministry of Foreign Affairs of Romania reaffirms its well-known position of non-recognition of Kosovo as a State, which was constantly asserted over the last years.  

The Ministry of Foreign Affairs of Romania expresses its hope that Belgrade and Pristina will resume the dialogue in order to identify a solution that will match the interests of both parties and will consider the stability and the European perspective of the region.