INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org
Press Release
Unofficial
No. 2008/34
10 October 2008
The General Assembly of the United Nations requests an advisory opinion from
the Court on the unilateral declaration of independence of Kosovo
THE HAGUE, 10 October 2008. On 8 Octobe r 2008 the General Assembly of the United
Nations adopted resolution A/RES/63/3 in which, referring to Article 65 of the Statute of the Court,
it requested the International Court of Justiceto “render an advisory opinion on the following
question: Is the unilateral declaration of i ndependence by the Provisional Institutions of
Self-Government of Kosovo in accordance with international law?”
The Request for an Advisory Opinion was tran smitted to the Court by the Secretary-General
of the United Nations in a letter dated 9 Oct ober 2008 which was filed with the Registry on
10 October 2008.
Procedure
The advisory procedure is open to five Unite d Nations organs and 16 agencies of the United
Nations system. It enables them to request opinions from the Court on legal questions.
On receiving a request for an advisory opinion, the Court itself draws up a list of those States
and organizations that may be able to furnish re levant information. It then organizes the written
and/or oral proceedings pursuant to Articles 66 of its Statute and 105 of its Rules.
Unlike judgments handed down in contentious proceedings between States, the Court’s
advisory opinions have no bind ing effect as such. However, the authority of the Court as the
principal judicial organ of the United Nations attaches to them.
Since 1946 the Court has given 25 Advisory Opinions, concerning inter alia the conditions of
admission of a State to membership in the Unite d Nations, reparation for injuries suffered in the
service of the United Nations, the international satus of South West Africa (Namibia), certain
expenses of the United Nations, certain judgments rendered by the United Nations administrative
tribunal, Western Sahara, the applicability of th e obligation to arbitrate under Section21 of the
United Nations Headquarters Agreement, questions relating to the privileges and immunities of
human rights rapporteurs, the legality of the threat or use of nuclear weapons and the legal
consequences of the construction of a wall in the occupied Palestinian territory.
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The full text of the Request for an Advisory Opinion will shortly be available on the Court’s
website: www.icj-cij.org.
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Information Department:
Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Assistant Information Officer (+31 (0)70 302 2394)
The General Assembly of the United Nations requests an advisory opinion from the Court on the unilateral declaration of independence of Kosovo