Posts Tagged ‘selfbeskikking’

The right to self-determination is now widely considered to be a rule of customary international law and a peremptory (jus cogens) norm of international law.¹  The latter indicates that hierarchically, the right to self-determination would trump other rules of international law that do not have this jus cogens status. However, the exact scope and extent of this right under international law remains a contentious issue which has flared up again mainly as a result of the unilateral declaration of independence by Kosovo on 17 February 2008.

Although most of Europe as well as the United States of America recognized Kosovo as an independent state, many states refused to do so based on the fact that such a declaration is in violation of international law. On 17 October 2010 the United Nations General Assembly² submitted a request to the International Court of Justice (ICJ) in The Hague for an advisory opinion regarding the following issue: Accordance with international law of the unilateral declaration of independence in respect of Kosovo.³  More than 30 states submitted written statements regarding the legality of the unilateral declaration of independence and two written contributions by the authors of the unilateral declaration of independence of Kosovo⁴ were also submitted.  The public hearings were concluded on 11 December 2009 and after several months of deliberations the Court rendered its opinion on 22 July 2010.  The final conclusion of the Court was read out by ICJ President Hisashi Owada.

Read more: The independence of Kosovo and the links with South Africa