The Presentation of the Republic of Kosovo Before the International Court of Justice: Procedural Aspects

Abstract

Now, one year following the declaration of independence of the Republic of Kosovo from Serbia, on February 17th, 2008, the institutions of Kosovo have before them, the great challenge of promoting ever greater recognition from international society.

In the near future, the independence of Kosovo will also be subject to a legal evaluation from the International Court of Justice.2 Within the framework of a request for a consultative opinion, directed by the General Assembly based on article 96 of the Charter of the Organization of the United Nations, with Serbia’s initiative, the International Court of Justice was called upon to respond to the question of whether “the unilateral declaration of the independence of Kosovo from the provisional institutions of self-governance of Kosovo is in accordance with international law?”