Internationaal recht – Declaration of independence of Kosovo

Facts

In the case of Kosovo, the population announced its declaration of independence of 17 February 2008. However, the question of its lawfulness arose. Was the declaration of independence in accordance with international law?

Court of Justice

The Court needed to determine whether the declaration of independence violated either general international law or the lex specialis created by Security Council resolution 1244. The Court considered that there was no prohibition of declarations of independence stated in general international law. Therefore, declarations of independence are lawful.