Independence of Kosovo
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The 2008 Kosovo declaration of independence, which proclaimed the
Republic of Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Europ ...
to be a state independent from
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hungar ...
, was adopted at a meeting held on 17 February 2008 by 109 out of the 120 members of the
Assembly of Kosovo The Assembly of the Republic of Kosovo ( sq, Kuvendi i Republikës së Kosovës; sr, Скупштина Републике Косово, Skupština Republike Kosovo) is the unicameral legislature of the Republic of Kosovo that is directly electe ...
, including the
Prime Minister of Kosovo The prime minister of the Republic of Kosovo ( sq, Kryeministri i Republikës së Kosovës, sr, Премијер Републике Косова, Premijer Republike Kosova) is the head of government of Kosovo. The prime minister and the Gover ...
,
Hashim Thaçi Hashim Thaçi (; born 24 April 1968) is a Kosovar Albanian politician who was the president of Kosovo from April 2016 until his resignation on 5 November 2020 to face a war crimes tribunal. He was the first prime minister of Kosovo and the For ...
, and by the
President of Kosovo The president of the Republic of Kosovo ( sq, Presidenti i Republikës së Kosovës, ), is the head of state and chief representative of the de facto Republic of Kosovo in the country and abroad. The president is elected indirectly, by the Asse ...
,
Fatmir Sejdiu Fatmir Sejdiu (; born 23 October 1951) is a Kosovar politician. He was the leader of the Democratic League of Kosovo (LDK) and was the 1st President of Republic of Kosovo. Early life and education Fatmir Sejdiu was born on October 23, 1951, in t ...
(who was not a member of the Assembly). It was the second declaration of independence by Kosovo's Albanian-majority political institutions; the first was proclaimed on 7 September 1990. The legality of the declaration has been disputed.
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hungar ...
sought international validation and support for its stance that the declaration was illegal, and in October 2008 requested an advisory opinion from the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
. The Court determined that the declaration did not violate international law, because a group of people declared independence called the representatives of the people of Kosovo ( sq, Udhëheqësit e popullit tonë, të zgjedhur në mënyrë demokratike), opposed to UNSCR 1244 in which is stated that Kosovo is a province of Serbia. However, the declaration violates the eighth article of the Constitution of Serbia. Hence, it is illegal in Serbian constitutional law. As a result of the ICJ decision, a joint Serbia–EU resolution was passed in the
United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
which called for an EU-facilitated dialogue between Belgrade and Pristina to "promote cooperation, achieve progress on the path to the European Union and improve the lives of the people." The dialogue resulted in the 2013 Brussels deal between Belgrade and Pristina which abolished all of the Republic of Serbia's institutions in Kosovo. Dejan Pavićević is the official representative of Government of Serbia in Pristina. Valdet Sadiku is the official representative of Kosovo to Serbia.


History


Background

The Province of Kosovo took shape in 1945 as the
Autonomous Region of Kosovo and Metohija The Socialist Autonomous Province of Kosovo, sh-Latn-Cyrl, Socijalistička Autonomna Pokrajina Kosovo, Социјалистичка Аутономна Покрајина Косово, separator=" / ", sq, Krahina Socialiste Autonome e Kosovë ...
within
Socialist Yugoslavia The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yugo ...
, as an
autonomous region An autonomous administrative division (also referred to as an autonomous area, entity, unit, region, subdivision, or territory) is a subnational administrative division or internal territory of a sovereign state that has a degree of autonomy ...
within the
People's Republic of Serbia , life_span = 1944–1992 , status = Constituent state of Yugoslavia , p1 = Territory of the Military Commander in Serbia , flag_p1 = Flag of German Reich (1935–1945).svg , p2 ...
. Initially a ceremonial entity, more power was devolved to Kosovan authorities with each constitutional reform. In 1968 it became the
Socialist Autonomous Province of Kosovo The Socialist Autonomous Province of Kosovo, sh-Latn-Cyrl, Socijalistička Autonomna Pokrajina Kosovo, Социјалистичка Аутономна Покрајина Косово, separator=" / ", sq, Krahina Socialiste Autonome e Kosovë ...
and in 1974 new constitution enabled the province to function at every administrative level independently of its host republic within Yugoslavia. Increasing ethnic tension throughout Yugoslavia in the late 1980s amid rising nationalism among its nations eventually led to a decentralised state: this facilitated Serbian President Slobodan Milošević in effectively terminating the privileges awarded to the Kosovar assembly in 1974. The move attracted criticism from the leaderships of the other Yugoslav republics but no higher authority was in place to reverse the measure. In response to the action, the Kosovo Assembly voted on 2 July 1990 to declare Kosovo an independent state, and this received recognition from Albania. A state of emergency and harsh security rules were subsequently imposed against Kosovo's Albanians following mass protests. The Albanians established a "parallel state" to provide education and social services while boycotting or being excluded from Yugoslav institutions. Kosovo remained largely quiet through the
Yugoslav wars The Yugoslav Wars were a series of separate but related Naimark (2003), p. xvii. ethnic conflicts, wars of independence, and insurgencies that took place in the SFR Yugoslavia from 1991 to 2001. The conflicts both led up to and resulted from ...
. The severity of the Yugoslav government in Kosovo was internationally criticised. In 1996, the Kosovo Liberation Army (KLA) began attacking federal security forces. The conflict escalated until Kosovo was on the verge of all-out war by the end of 1998. In January 1999,
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
warned that it would intervene militarily against Yugoslavia if it did not agree to the introduction of an international peacekeeping force and the establishment of local government in Kosovo. Subsequent peace talks failed and from 24 March to 11 June 1999, NATO carried out an extensive bombing campaign against FR Yugoslavia including targets in Kosovo itself. The war ended with Milošević agreeing to allow peacekeepers into Kosovo and withdrawing all security forces so as to transfer governance to the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
.


Build-up

A NATO-led Kosovo Force ( KFOR) entered the province following the
Kosovo War The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the wa ...
, tasked with providing security to the UN Mission in Kosovo (
UNMIK The United Nations Interim Administration Mission in Kosovo (UNMIK) is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overall ...
). Before and during the handover of power, an estimated 100,000 Serbs and other non-Albanians, mostly
Gypsies The Romani (also spelled Romany or Rromani , ), colloquially known as the Roma, are an Indo-Aryan ethnic group, traditionally nomadic itinerants. They live in Europe and Anatolia, and have diaspora populations located worldwide, with sign ...
, fled the province for fear of reprisals. In the case of the non-Albanians, the Gypsies in particular were regarded by many Albanians as having assisted federal forces during the war. Many left along with the withdrawing security forces, expressing fears that they would be targeted by returning Albanian refugees and KLA fighters who blamed them for wartime acts of violence. Thousands more were driven out by intimidation, attacks and a wave of crime after the war. Large numbers of refugees from Kosovo still live in temporary camps and shelters in Serbia proper. In 2002, Serbia and Montenegro reported hosting 277,000 internally displaced people (the vast majority being Serbs and Roma from Kosovo), which included 201,641 persons displaced from Kosovo into Serbia proper, 29,451 displaced from Kosovo into Montenegro, and about 46,000 displaced within Kosovo itself, including 16,000 returning refugees unable to inhabit their original homes. Some sources put the figure far lower. In 2004 the European Stability Initiative estimated the number of displaced people as being only 65,000, with 130,000 Serbs remaining in Kosovo, though this would leave a significant proportion of the pre-1999 ethnic Serb population unaccounted-for. The largest concentration of ethnic Serbs in Kosovo is in the north of the province above the
Ibar river The Ibar ( sr-cyrl, Ибар, ), also known as the Ibër and Ibri ( sq, Ibër, Ibri), is a river that flows through eastern Montenegro, northern Kosovo and central Serbia, with a total length of . The river begins in the Hajla mountain, in Rož ...
, but an estimated two-thirds (75,000) of the Serbian population in Kosovo continue to live in the Albanian-dominated south of the province. In March 2004, there was a serious inter-ethnic clash between
Kosovo Albanians The Albanians of Kosovo ( sq, Shqiptarët e Kosovës, ), also commonly called Kosovo Albanians, Kosovar/Kosovan Albanians or Kosovars/Kosovans, constitute the largest ethnic group in Kosovo. Kosovo Albanians belong to the ethnic Albanian sub-gr ...
and
Kosovo Serbs Kosovo Serbs are one of the ethnic groups of Kosovo. There are around 100,000 Kosovo Serbs as of 2014 and about half of them live in North Kosovo. Other Serb communities live in southern Kosovo. After Albanians, they form the largest ethnic com ...
that led to 27 deaths and significant property destruction. The unrest was precipitated by misleading reports in the Kosovo Albanian media which falsely claimed that three Kosovo Albanian boys had drowned after being chased into the
Ibar River The Ibar ( sr-cyrl, Ибар, ), also known as the Ibër and Ibri ( sq, Ibër, Ibri), is a river that flows through eastern Montenegro, northern Kosovo and central Serbia, with a total length of . The river begins in the Hajla mountain, in Rož ...
by a group of Kosovo Serbs.
UNMIK The United Nations Interim Administration Mission in Kosovo (UNMIK) is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overall ...
peacekeepers and KFOR troops failed to contain a raging gun battle between Serbs and Albanians. The Serbian Government called the events ''the March
Pogrom A pogrom () is a violent riot incited with the aim of massacring or expelling an ethnic or religious group, particularly Jews. The term entered the English language from Russian to describe 19th- and 20th-century attacks on Jews in the Russia ...
''. International negotiations began in 2006 to determine the final status of Kosovo, as envisaged under
UN Security Council Resolution 1244 United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yug ...
which ended the
Kosovo conflict The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the war ...
of 1999. Serbia's continued sovereignty over Kosovo was recognised internationally. The vast majority of the province's population sought independence.


Declaration of 2008–present

The 2008 declaration was a product of failed negotiations concerning the adoption of the Ahtisaari plan, which broke down in the fall of 2007. The plan, prepared by the UN
Special Envoy Diplomatic rank is a system of professional and social rank used in the world of diplomacy and international relations. A diplomat's rank determines many ceremonial details, such as the order of precedence at official processions, table seating ...
and former President of Finland,
Martti Ahtisaari Martti Oiva Kalevi Ahtisaari (; born 23 June 1937) is a Finnish politician, the tenth president of Finland (1994–2000), a Nobel Peace Prize laureate, and a United Nations diplomat and mediator noted for his international peace work. Ahtisa ...
, stipulated a sort of supervised independence for Kosovo, without expressly using the word "independence" among its proposals. Under the plan, Kosovo would gain self-governance under the supervision of the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
, and become obligated to expressly protect its minorities' rights by means of a
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
and a representative government. Kosovo would be accorded its own national symbols such as a flag and a
coat of arms A coat of arms is a heraldic visual design on an escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central element of the full heraldic achievement, which in its ...
, and be obligated to carry out border demarcation on the Kosovo-
Republic of North Macedonia North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Yugoslavia. It ...
border. The Albanian negotiators supported the Ahtisaari plan essentially in whole, and the plan gained the backing of the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
and of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. However,
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hungar ...
and
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
rejected it outright, and no progress was possible on the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
front. Faced with no progress on negotiations in sight, the Kosovars decided to unilaterally proclaim the
Republic of Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Europ ...
, obligating themselves in the process to follow the Ahtisaari plan's provisions in full. As of mid-April 2008, this has largely been the case, with the new Republic adopting a constitution written by local and international scholars protecting minority rights and providing for a representative government with guaranteed ethnic representation, which law is to take effect on 15 June 2008. It also adopted some of its national symbols already, including the flag and coat of arms, while work continues on defining the anthem. It has also engaged, albeit with a delay, in the border demarcation talks with
North Macedonia North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Yugoslavia. It ...
, initially insisting on being recognised first, but dropping this condition later on. The 2008 Kosovo declaration of independence elicited mixed reaction internationally and a polarised one domestically, the latter along the division of
Kosovo Serbs Kosovo Serbs are one of the ethnic groups of Kosovo. There are around 100,000 Kosovo Serbs as of 2014 and about half of them live in North Kosovo. Other Serb communities live in southern Kosovo. After Albanians, they form the largest ethnic com ...
vs. the
Kosovo Albanians The Albanians of Kosovo ( sq, Shqiptarët e Kosovës, ), also commonly called Kosovo Albanians, Kosovar/Kosovan Albanians or Kosovars/Kosovans, constitute the largest ethnic group in Kosovo. Kosovo Albanians belong to the ethnic Albanian sub-gr ...
. Accordingly, effective control in Kosovo has also fractured along these lines. After 13 years of international oversight, Kosovo's authorities formally obtained full unsupervised control of the region (less only
North Kosovo North Kosovo ( sr, Северно Косово, Severno Kosovo; sq, Kosova Veriore), also known as the Ibar Kolašin ( sr, Ибарски Колашин, Ibarski Kolašin; sq, Koloshini i Ibrit or ''Kollashini i Ibrit''; earlier ''Old Kolašin ...
) on 10 September 2012 when Western Powers terminated their oversight. The International Steering Group, in its final meeting with the authorities in Pristina, declared that the Comprehensive Proposal for the Kosovo Status Settlement, known as the Ahtisaari plan after its Finnish UN creator, had been substantially implemented. Nonetheless, as of November 2015,
United Nations Interim Administration Mission in Kosovo The United Nations Interim Administration Mission in Kosovo (UNMIK) is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overall ...
still functions, albeit at a greatly reduced capacity.


Political background

After the end of the
Kosovo War The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the wa ...
in 1999, the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
adopted
Resolution 1244 United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yug ...
to provide a framework for Kosovo's interim status. It placed Kosovo under transitional UN administration, demanded a withdrawal of Serbian security forces from Kosovo and envisioned an eventual UN-facilitated political process to resolve the status of Kosovo. In February 2007,
Martti Ahtisaari Martti Oiva Kalevi Ahtisaari (; born 23 June 1937) is a Finnish politician, the tenth president of Finland (1994–2000), a Nobel Peace Prize laureate, and a United Nations diplomat and mediator noted for his international peace work. Ahtisa ...
delivered a draft status settlement proposal to leaders in Belgrade and
Pristina Pristina, ; sr, / (, ) is the capital and largest city of Kosovo. The city's municipal boundaries in Pristina District form the largest urban center in Kosovo. After Tirana, Pristina has the second largest population of ethnic Albanians an ...
, the basis for a draft UN Security Council Resolution which proposed 'supervised independence' for the province. By early July 2007 a draft resolution, backed by the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
and the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
members of the
Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
, had been rewritten four times to try to accommodate Russian concerns that such a resolution would undermine the principle of state sovereignty. However, it had still not found agreement. Russia, which holds a veto in the Security Council as one of five permanent members, stated that it would not support any resolution which was not acceptable to both Serbia and the Kosovo Albanians. While most observers had, at the beginning of the talks, anticipated independence as the most likely outcome, others suggested that a rapid resolution might not be preferable. The talks finally broke down, late 2007 with the two sides remaining far apart, with the minimum demands of each side being more than the other was willing to accept. At the turn of 2008, the media started reporting that the Kosovo Albanians were determined to proclaim independence. This came at the time when the ten-year anniversary of the Kosovo War was looming (with the five-year anniversary being marked by violent unrest); the U.S. President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
was in his last year in power and not able to seek re-election; and two nations which had previously seceded from Yugoslavia were in important political positions (Slovenia presiding over the EU and Croatia an elected member of the
UN Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
). The proclamation was widely reported to have been postponed until after the 2008 Serbian presidential election, held on 20 January and 3 February, given that Kosovo was an important topic of the election campaign.


Adoption and terms of the declaration of independence

''"We, the democratically elected leaders of our people, hereby declare Kosovo to be an independent and sovereign state. This declaration reflects the will of our people and it is in full accordance with the recommendations of UN Special Envoy Martti Ahtisaari and his Comprehensive Proposal for the Kosovo Status Settlement. We declare Kosovo to be a democratic, secular and multi-ethnic republic, guided by the principles of non-discrimination and equal protection under the law."'' The declaration of independence was made by members of the
Kosovo Assembly The Assembly of the Republic of Kosovo ( sq, Kuvendi i Republikës së Kosovës; sr, Скупштина Републике Косово, Skupština Republike Kosovo) is the unicameral legislature of the Republic of Kosovo that is directly electe ...
as well as by the
President of Kosovo The president of the Republic of Kosovo ( sq, Presidenti i Republikës së Kosovës, ), is the head of state and chief representative of the de facto Republic of Kosovo in the country and abroad. The president is elected indirectly, by the Asse ...
meeting in
Pristina Pristina, ; sr, / (, ) is the capital and largest city of Kosovo. The city's municipal boundaries in Pristina District form the largest urban center in Kosovo. After Tirana, Pristina has the second largest population of ethnic Albanians an ...
, the capital of Kosovo, on 17 February 2008. It was approved by a unanimous quorum, numbering 109 members. Eleven deputies representing the Serbian national minority boycotted the proceedings. All nine other ethnic minority representatives were part of the quorum. The terms of the declaration state that Kosovo's independence is limited to the principles outlined by the Ahtisaari plan. It prohibits Kosovo from joining any other country, provides for only a limited military capability, states that Kosovo will be under international supervision and provides for the protection of minority ethnic communities.Kosovo MPs proclaim independence
, BBC News Online, 17 February 2008
The original papyrus version of the declaration signed that day is in the Albanian language.Declaration of Vice-President Tomka, Judge of the International Court of Justice, concerning the Opinion given by the ICJ concerning the Kosovo declaration of independence The Albanian text of the declaration is the sole authentic text.


International disputes


Legality of the declaration

On 18 February 2008 the
National Assembly of the Republic of Serbia The National Assembly ( sr-cyr, Народна скупштина, Narodna skupština, ) is the unicameral legislature of Serbia. The assembly is composed of 250 deputies who are proportionally elected to four-year terms by secret ballot. The as ...
declared Kosovo's declaration of independence as null and void per the suggestion of the Government of the Republic of Serbia, after the Constitutional Court of the Republic of Serbia deemed the act illegal arguing it was not in coordination with the UN Charter, the Constitution of Serbia, the Helsinki Final Act,
UN Security Council Resolution 1244 United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yug ...
(including the previous resolutions) and the Badinter Commission. According to writer
Noel Malcolm Sir Noel Robert Malcolm, (born 26 December 1956) is an English political journalist, historian and academic. A King's Scholar at Eton College, Malcolm read history at Peterhouse, Cambridge, and received his doctorate in history from Trinity Col ...
, the 1903 constitution was still in force at the time that Serbia annexed Kosovo during the
First Balkan War The First Balkan War ( sr, Први балкански рат, ''Prvi balkanski rat''; bg, Балканска война; el, Αʹ Βαλκανικός πόλεμος; tr, Birinci Balkan Savaşı) lasted from October 1912 to May 1913 and invo ...
. He elaborates that this constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, he argues, Kosovo should not have become part of the Kingdom of Serbia. It was initially ruled by decree. The
Contact Group The Contact Group is the name for an informal grouping of great powers that have a significant interest in policy developments in the Balkans (an International Contact Group). The Contact Group is composed of United States, United Kingdom, Fran ...
had issued in 2005 the Guiding Principles upon which the final status of Kosovo shall be decided.


Precedent or special case

Recognition of Kosovo's independence is controversial. A number of countries fear that it is a precedent, affecting other contested territories in Europe and non-European parts of the former Soviet Union, such as Abkhazia and
South Ossetia South Ossetia, ka, სამხრეთი ოსეთი, ( , ), officially the Republic of South Ossetia – the State of Alania, is a partially recognised landlocked state in the South Caucasus. It has an officially stated populat ...
. The text of Kosovo's declaration of independence addressed this issue by stating "...Observing that Kosovo is a special case arising from Yugoslavia's non-consensual breakup and is not a precedent for any other situation, Recalling the years of strife and violence in Kosovo, that disturbed the conscience of "all civilized people"..." However, Ted Galen Carpenter of the
Cato Institute The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Ind ...
stated the view of Kosovo being '' sui generis'' and setting no precedent is "extraordinarily naïve". Archived by
WebCite WebCite was an on-demand archive site, designed to digitally preserve scientific and educationally important material on the web by taking snapshots of Internet contents as they existed at the time when a blogger or a scholar cited or quoted ...
at .


United Nations involvement

The newly proclaimed republic has not been seated at the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
, as it is generally believed that any application for UN membership would be vetoed by Russia.Russia's options limited for Kosovo retaliation"
''San Diego Union-Tribune'', 15 February 2008
Russia vowed to oppose Kosovo's independence with a "plan of retaliation". Serbia has likewise proactively declared the annulment of Kosovo's independence and vowed to oppose Kosovo's independence with a package of measures intended to discourage the international recognition of the republic. On 8 October 2008, the UN General Assembly voted to refer Kosovo's independence declaration to the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
; 77 countries voted in favour, 6 against and 74 abstained. The ICJ was asked to give an advisory opinion on the legality of Kosovo's declaration of independence from Serbia in February. The court delivered its advisory opinion on 2010; by a vote of 10 to 4, it declared that "the declaration of independence of the 17th of February 2008 did not violate general
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
because international law contains no 'prohibition on declarations of independence'."


Reactions to the declaration of independence


Reactions in Kosovo


Kosovo Albanians

Ethnic Albanians in Kosovo greeted the news with celebration.


Kosovo Serbs

The bishop of the Serbian Orthodox Church in Kosovo, Artemije Radosavljević, reacted in anger, stating that Kosovo's independence was a "temporary state of occupation", and that "Serbia should buy state of the art weapons from Russia and other countries and call on Russia to send volunteers and establish a military presence in Serbia." In
North Kosovo North Kosovo ( sr, Северно Косово, Severno Kosovo; sq, Kosova Veriore), also known as the Ibar Kolašin ( sr, Ибарски Колашин, Ibarski Kolašin; sq, Koloshini i Ibrit or ''Kollashini i Ibrit''; earlier ''Old Kolašin ...
, a UN building housing a courthouse and jail was attacked by a hand grenade, causing slight damage but no casualties. An unexploded grenade was found across the street, near a hotel that houses EU officials. An explosive device was detonated in Mitrovica, damaging two vehicles. No casualties or injuries were reported. Serb protestors in Kosovo set fire to two border crossings on Kosovo's northern border. Both crossings are staffed by Kosovar and
UNMIK The United Nations Interim Administration Mission in Kosovo (UNMIK) is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overall ...
police. No injuries were reported in the attacks, but the police withdrew until KFOR soldiers arrived. A Japanese journalist wearing a UN uniform was beaten by Serbs in northern Mitrovica. Hundreds of Serbs protested in the Kosovo town of Mitrovica on 22 February, which was somewhat peaceful aside from some stone-throwing and a little fighting. On 14 March 2008 Serb protesters forcibly occupied the UN courthouse in the northern part of Kosovska Mitrovica. On 17 March, UNMIK peacekeepers and KFOR troops entered the courthouse to end the occupation. In the following clashes with several hundred protesters one Ukrainian UNMIK police officer was killed, over 50 persons on each side were wounded and one UNMIK and one KFOR vehicle were torched. The UNMIK police withdrew from northern Mitrovica leaving KFOR troops to maintain order. The
Community Assembly of Kosovo and Metohija The Assembly of the Community of Municipalities of the Autonomous Province of Kosovo and Metohija ( sr, / ), was the assembly of the association of local governments created by the municipal authorities in Kosovo elected in the May 11, 2008 muni ...
first met on 28 June 2008, to coordinate Serb responses to the new government.


Serbian reaction

Official reaction by the Government of Serbia included instituting pre-emptively on 12 February 2008 an Action Plan, which stipulated, among other things, recalling the Serbian ambassadors for consultations in protest from any state recognising Kosovo, ''The economic team for Kosovo and Metohija and the South of Serbia'', 20 February 2008. Retrieved 2008-03-25. issuing arrest warrants for Kosovo leaders for high treason, and even dissolving the government on grounds of lack of consensus to deal with Kosovo, with new elections scheduled for 11 May 2008, as well as a rogue minister proposing partitioning
Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Euro ...
along ethnic lines, which initiative was shortly thereafter disavowed by the full Government, as well as the President. Late in March the government disclosed its intent to litigate the issue at the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
and seek support at the
United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
in September 2008. The
Prime Minister of Serbia The prime minister of Serbia ( sr-Cyrl, премијерка Србије, premijerka Srbije; masculine: премијер/premijer), officially the president of the Government of the Republic of Serbia ( sr-Cyrl, председница Влад ...
,
Vojislav Koštunica Vojislav Koštunica ( sr-cyrl, Војислав Коштуница, ; born 24 March 1944) is a Serbian former politician who served as the last president of FR Yugoslavia from 2000 to 2003 and as the prime minister of Serbia from 2004 to 2008. ...
, has blamed the United States for being "ready to violate the international order for its own military interests" and stated that "Today, this policy of force thinks that it has triumphed by establishing a false state. ..As long as the Serb people exist, Kosovo will be Serbia." Slobodan Samardžić, the Serb minister for Kosovo, stated that, "A new country is being established by breach of international law ..It's better to call it a fake country." However, the Serbian government says they will not respond with violence.U.S. recognizes independent Kosovo
CNN, 18 February 2008
On 17 February, about 2,000 Serbs protested at the United States Embassy in Belgrade, with some throwing stones and
firecrackers A firecracker (cracker, noise maker, banger) is a small explosive device primarily designed to produce a large amount of noise, especially in the form of a loud bang, usually for celebration or entertainment; any visual effect is incidental to ...
at the building before being driven back by riot police. Protestors also broke windows of the embassy of
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
, the state that controlled the EU presidency. In Belgrade and
Novi Sad Novi Sad ( sr-Cyrl, Нови Сад, ; hu, Újvidék, ; german: Neusatz; see below for other names) is the second largest city in Serbia and the capital of the autonomous province of Vojvodina. It is located in the southern portion of the Pan ...
,
McDonald's McDonald's Corporation is an American multinational fast food chain, founded in 1940 as a restaurant operated by Richard and Maurice McDonald, in San Bernardino, California, United States. They rechristened their business as a hambur ...
restaurants were damaged by protestors. The Serbian division of U.S. Steel, based in
Smederevo Smederevo ( sr-Cyrl, Смедерево, ) is a city and the administrative center of the Podunavlje District in eastern Serbia. It is situated on the right bank of the Danube, about downstream of the Serbian capital, Belgrade. According to ...
, had a false bomb threat called in. The Crown Council of House of Karadjordjevic, a former royal family of Serbia and Yugoslavia, rejected Kosovo's declaration of independence, saying that: "Europe had diminished its own morale, embarrassed its own history and shown that it carries within its organism the virus of its own downfall", and that "it is a defeat of the idea of democracy... a defeat of the universally accepted rules of international law", and that a "part of the project of
Mussolini Benito Amilcare Andrea Mussolini (; 29 July 188328 April 1945) was an Italian politician and journalist who founded and led the National Fascist Party. He was Prime Minister of Italy from the March on Rome in 1922 until his deposition in 194 ...
and
Hitler Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
has finally been accomplished, in the territory of Serbia". On 21 February, there were large demonstrations by Serbs in Belgrade. There were more than 500,000 protesters. Most protesters were non-violent, but small groups attacked the United States and Croatian embassies. A group broke into The United States embassy, set it on fire, and attempted to throw furniture through the windows. The embassy was empty, except for security personnel. No embassy staff were injured, but a corpse was found; embassy spokeswoman Rian Harris stated that the embassy believes it to be an attacker. Police took 45 minutes to arrive at the scene, and the fire was only then put out. US ambassador to the UN
Zalmay Khalilzad Zalmay Mamozy Khalilzad ( ps, ځلمی خلیل زاد, prs, زلمی خلیل‌زاد; born March 22, 1951) is an Afghan-American diplomat and foreign policy expert. Khalilzad was appointed by President Donald J. Trump to serve as U.S. Spec ...
was "outraged", and requested the UN Security Council immediately issue a statement "expressing the council's outrage, condemning the attack, and also reminding the Serb government of its responsibility to protect diplomatic facilities." The damage to the Croatian embassy was less serious. The Turkish and British embassies were also attacked, but police were able to prevent damage. The interior of a McDonald's was damaged. A local clinic admitted 30 injured, half of whom were police; most wounds were minor. The Security Council responded to these incidents by issuing a unanimous statement that, "The members of the Security Council condemn in the strongest terms the mob attacks against embassies in Belgrade, which have resulted in damage to embassy premises and have endangered diplomatic personnel," noting that the 1961 Vienna Convention requires host states to protect embassies. On 22 February, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
embassy A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state. In practice, the phrase usually den ...
in Serbia ordered the temporary evacuation of all non-essential personnel, after the protests and attacks on the embassy. Rian Harris, a U.S. embassy spokeswoman, explained the evacuation to AFP saying that "Dependents are being temporarily ordered to depart Belgrade. We do not have confidence that Serbian authorities can provide security for our staff members."


Reactions in the former Yugoslavia

On 23 February, 44 protesters were arrested after burning the Serbian flag, in the main square of
Zagreb Zagreb ( , , , ) is the capital and largest city of Croatia. It is in the northwest of the country, along the Sava river, at the southern slopes of the Medvednica mountain. Zagreb stands near the international border between Croatia and Slov ...
(
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = "Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capit ...
), following Serb protesters attacking the Croatian embassy in Belgrade,
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia (Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hungar ...
. Hundreds of
Bosnian Serb The Serbs of Bosnia and Herzegovina ( sr-Cyrl, Срби у Босни и Херцеговини, Srbi u Bosni i Hercegovini) are one of the three constitutive nations (state-forming nations) of the country, predominantly residing in the politi ...
demonstrators broke away from a peaceful rally in
Banja Luka Banja Luka ( sr-Cyrl, Бања Лука, ) or Banjaluka ( sr-Cyrl, Бањалука, ) is the second largest city in Bosnia and Herzegovina and the largest city of Republika Srpska. Banja Luka is also the ''de facto'' capital of this entity. I ...
on 26 February 2008 and headed for the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
Embassy's office there, clashing with police along the way. In Montenegro, protests were held in
Podgorica Podgorica (Cyrillic: Подгорица, ; lit. 'under the hill') is the capital and largest city of Montenegro. The city was formerly known as Titograd (Cyrillic: Титоград, ) between 1946 and 1992—in the period that Montenegro form ...
on 19 February. Protesters waved flags of the Serb People's Party and the
Serbian Radical Party The Serbian Radical Party ( sr-cyrl, Српска радикална странка, Srpska radikalna stranka, ''SRS'') is an ultranationalist political party in Serbia. It was founded in 1991, and its founder and current leader is Vojislav ...
. Serb parties led by the Serb List are calling for a protest on 22 February to protest the independence bid.


International reaction

Unlike the 1990 Kosovo declaration of independence, which only
Albania Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and shares ...
recognised, Kosovo's second declaration of independence has received 111
diplomatic recognition Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state (may be also a recognized state). Recognition can be accor ...
s, of which 15 have been withdrawn. As of 4 September 2020, 97 out of ()
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
(UN) member states have recognised Kosovo. However, many states have also showed their opposition to Kosovo's declaration of independence, most notably
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, China and
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
. Serbia announced before the declaration that it would withdraw its ambassador from any state which recognised independent Kosovo. Serbia, however, maintains embassies in many countries which recognise Kosovo, including Albania, Canada, Croatia, France, Germany, Hungary, Italy, Japan, the Netherlands, Norway, South Korea, Turkey, the UAE, the UK, and the US.


Reaction within the European Union

On 18 February 2008 the EU presidency announced after a day of intense talks between foreign ministers that member countries were free to decide individually whether to recognise Kosovo's independence. The majority of EU member states have recognised Kosovo, but Cyprus, Greece, Romania, Slovakia and Spain have not. Some Spanish people (scholars or from the Spanish Government or opposition parties) challenged the comparison made by the Basque Government that way of Kosovo's independence could be a path for the independence of the Basque Country and
Catalonia Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a '' nationality'' by its Statute of Autonomy. Most of the territory (except the Val d'Aran) lies on the nort ...
. Shortly before Kosovo's declaration of independence, the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
approved deployment of a non-military 2,000-member Rule of Law mission, "
EULEX The European Union Rule of Law Mission in Kosovo, known as EULEX Kosovo or simply as EULEX,About EULEX
accessed 15 Ja ...
", to develop further Kosovo's police and justice sector. All twenty-seven members of the EU approved the EULEX mandate, including the minority of EU countries that have still not recognised Kosovo's independence. Serbia has claimed that this is an occupation and that the EU's move is illegal.


Outside the EU

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
president
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
welcomed the declaration of independence as well as its proclamation of friendship with Serbia, stating: "We have strongly supported the Ahtisaari plan mplying Kosovo's independence … We are heartened by the fact that the Kosovo government has clearly proclaimed its willingness and its desire to support Serbian rights in Kosovo. We also believe it's in Serbia's interests to be aligned with Europe and the Serbian people can know that they have a friend in America."In quotes: Kosovo reaction
BBC News Online, 17 February 2008; https://web.archive.org/web/20080306100251/http://www.whitehouse.gov/news/releases/2008/02/20080217.html
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
reacted with condemnation, stating they "expect the UN mission and NATO-led forces in Kosovo to take immediate action to carry out their mandate ..including the annulling of the decisions of Pristina's self-governing organs and the taking of tough administrative measures against them." In
Tirana Tirana ( , ; aln, Tirona) is the capital and largest city of Albania. It is located in the centre of the country, enclosed by mountains and hills with Dajti rising to the east and a slight valley to the northwest overlooking the Adriatic Sea ...
, the capital of
Albania Albania ( ; sq, Shqipëri or ), or , also or . officially the Republic of Albania ( sq, Republika e Shqipërisë), is a country in Southeastern Europe. It is located on the Adriatic and Ionian Seas within the Mediterranean Sea and shares ...
, ' Kosovo Day' was held as a celebration, and a square in central Tirana was named for this occasion. Turkish
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
Tayyip Erdoğan phoned
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
Hashim Thaçi Hashim Thaçi (; born 24 April 1968) is a Kosovar Albanian politician who was the president of Kosovo from April 2016 until his resignation on 5 November 2020 to face a war crimes tribunal. He was the first prime minister of Kosovo and the For ...
, commenting on the declaration of independence, and that it "will bring to
Balkans The Balkans ( ), also known as the Balkan Peninsula, is a geographical area in southeastern Europe with various geographical and historical definitions. The region takes its name from the Balkan Mountains that stretch throughout the who ...
peace and stability".Ankara'dan Kosova'ya jest
, Zaman Newspaper, 18 February 2008 (in
Turkish language Turkish ( , ), also referred to as Turkish of Turkey (''Türkiye Türkçesi''), is the most widely spoken of the Turkic languages, with around 80 to 90 million speakers. It is the national language of Turkey and Northern Cyprus. Significant sma ...
)
The Republic of China's (commonly known as Taiwan; non-UN member) Foreign Ministry stated "We congratulate the Kosovo people on their winning independence and hope they enjoy the fruits of democracy and freedom. ..Democracy and self-determination are the rights endorsed by the United Nations. The Republic of China always supports sovereign countries' seeking democracy, sovereignty and independence through peaceful means." Taiwan's political rival, the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, responded quickly, saying that "Taiwan, as a part of China, has no right and qualification at all to make the so-called recognition". Amongst
Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical south-eastern region of Asia, consisting of the regions that are situated south of mainlan ...
n countries where Muslim separatist movements were active in at least three states,
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
, with the world's largest Muslim population, deferred recognition of an independent Kosovo, while the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
declared it will not oppose, nor support Kosovo's independence. Both countries face pressures from Muslim separatist movements within their territories, notably Aceh and southern
Mindanao Mindanao ( ) ( Jawi: مينداناو) is the second-largest island in the Philippines, after Luzon, and seventh-most populous island in the world. Located in the southern region of the archipelago, the island is part of an island group of ...
respectively.
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
expressed opposition, while
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
reported that it was still studying the situation.
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
, which headed the
Organisation of the Islamic Conference An organization or organisation (Commonwealth English; see spelling differences), is an entity—such as a company, an institution, or an association—comprising one or more people and having a particular purpose. The word is derived from ...
at the time, formally recognized Kosovo's sovereignty three days after its independence. Australian
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
Kevin Rudd Kevin Michael Rudd (born 21 September 1957) is an Australian former politician and diplomat who served as the 26th prime minister of Australia from 2007 to 2010 and again from June 2013 to September 2013, holding office as the leader of the ...
backed Kosovan independence on the morning of 18 February, saying "This would appear to be the right course of action. That's why, diplomatically, we would extend recognition at the earliest opportunity."
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
's Former
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
Helen Clark Helen Elizabeth Clark (born 26 February 1950) is a New Zealand politician who served as the 37th prime minister of New Zealand from 1999 to 2008, and was the administrator of the United Nations Development Programme from 2009 to 2017. She was ...
said that New Zealand would neither recognise nor not recognise an independent Kosovo. Pro-Independence rallies were held by ethnic Albanians in Canada in the days leading up to the declaration. On 9 November 2009 New Zealand formally recognised Kosovo's independence. The President of Northern Cyprus (a state not recognised by the UN),
Mehmet Ali Talat Mehmet Ali Talat (born 6 July 1952) is a Turkish Cypriot politician who served as the president of Northern Cyprus from 2005 to 2010. Talat was the leader of the social democratic Republican Turkish Party ( tr, Cumhuriyetçi Türk Partisi, CTP) ...
, saluted the independence of Kosovo and hopes that the state is respected and assisted, in staunch opposition to the position of the
Republic of Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is ge ...
.


United Nations

Following a request from
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
, the
United Nations Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
held an emergency session in the afternoon of 17 February 2008. The
United Nations Secretary-General The secretary-general of the United Nations (UNSG or SG) is the chief administrative officer of the United Nations and head of the United Nations Secretariat, one of the six principal organs of the United Nations. The role of the secretary-g ...
, Ban Ki-moon, issued a statement that avoided taking sides and urged all parties "to refrain from any actions of statements that could endanger peace, incite violence or jeopardize security in Kosovo or the region." Speaking on behalf of six countries—
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
,
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = "Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capit ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
—the Belgian ambassador expressed regret "that the Security Council cannot agree on the way forward, but this impasse has been clear for many months. Today's events... represent the conclusion of a status process that has exhausted all avenues in pursuit of a negotiated outcome."


ICJ ruling

On 22 July 2010 the International Court of Justice ruled that the declaration did not violate international law, holding that the authors were acting in their capacity as representatives of the people of Kosovo outside the framework of the interim administration (the
Assembly of Kosovo The Assembly of the Republic of Kosovo ( sq, Kuvendi i Republikës së Kosovës; sr, Скупштина Републике Косово, Skupština Republike Kosovo) is the unicameral legislature of the Republic of Kosovo that is directly electe ...
and the
Provisional Institutions of Self-Government sr, Привремене институције самоуправе на Косову, Privremene institucije samouprave na Kosovu) , border = , image = , caption = Emblem , date = 4 March 2002 ...
), and were therefore not bound by the Constitutional Framework (promulgated by
UNMIK The United Nations Interim Administration Mission in Kosovo (UNMIK) is the officially mandated mission of the United Nations in Kosovo. The UNMIK describes its mandate as being to "help the United Nations Security Council achieve an overall ...
) or by UNSCR1244 that is addressed only to
United Nations Member States United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
and organs of the United Nations. Prior to the announcement Hashim Thaçi said there would be no "winners or losers" and that "I expect this to be a correct decision, according to the will of Kosovo's citizens. Kosovo will respect the advisory opinion." For his part, Boris Tadić, the Serbian president, warned that "If the International Court of Justice sets a new principle, it would trigger a process that would create several new countries and destabilise numerous regions in the world."


See also

* Constitutional status of Kosovo *
Foreign relations of Kosovo Foreign relations of Kosovo are accomplished by efforts of the Ministry of Foreign Affairs of Kosovo. Kosovo operates 33 embassies abroad and is host to 22 embassies in Pristina. Kosovo has membership in several international organisations. On ...
* Kosovo Independence Day *
List of states with limited recognition A number of polities have declared independence and sought diplomatic recognition from the international community as sovereign states, but have not been universally recognised as such. These entities often have ''de facto'' control of thei ...


References


Further reading

*Fierstein, Daniel. "Kosovo's Declaration of Independence: An Incident Analysis of Legality, Policy and Future Implications." BU Int'l LJ 26 (2008): 417. *Jovanovic, Milos. "Recognition of Kosovo independence as a violation of international law." Annals Fac. L. Belgrade Int'l Ed. 3 (2008): 108. *Warbrick, Colin. "I. Kosovo: The Declaration of Independence." International and Comparative Law Quarterly 57.03 (2008): 675–690. *Orakhelashvili, Alexander. "Statehood, recognition and the United Nations system: a unilateral declaration of independence in Kosovo." Max Planck Yearbook of United Nations Law 12.1 (2008). *Vidmar, Jure. "International Legal Responses to Kosovo's Declaration of Independence." Vand. J. Transnat'l L. 42 (2009): 779.


External links


BBC profile

Assembly of Kosovo: Kosovo Declaration of Independence
Pristina, 17 February 2008.

Feb 18, 2008 RIA Novosti.
Kosovo Thanks You Portal

Kosovo Young Europeans Campaign

Kosovo Compromise Portal

Kosovo – a timeline of independence
Feb 17, 2008,
The Sofia Echo ''The Sofia Echo'' is Bulgaria's national English-language weekly newspaper published out of Sofia, the capital of Bulgaria. History and profile The ''Sofia Echo'' has been published since April 1997, generally targeted at the Bulgarian expatri ...

Kosovo, a testing ground for giants
17 March 2008,
Turkish Daily News Turkish may refer to: *a Turkic language spoken by the Turks * of or about Turkey ** Turkish language *** Turkish alphabet ** Turkish people, a Turkic ethnic group and nation *** Turkish citizen, a citizen of Turkey *** Turkish communities and ...
{{DEFAULTSORT:2008 Kosovo Declaration Of Independence *
Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Euro ...
Declaration of independence A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of th ...
History of the Republic of Kosovo February 2008 events in Europe