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. 2009/27
29 July 2009
Accordance with International Law of the Unilateral Declaration of Independence
by the Provisional Institutions of Self-Government of Kosovo
(Request for Advisory Opinion)
Public hearings to be held from 1 December 2009
THE HAGUE, 29 July 2009. The International Co urt of Justice (ICJ), the principal judicial
organ of the United Nations, will hold pub lic hearings on the question of the Accordance with
International Law of the Unilateral Declaration of Independence by the Provisional Institutions of
Self-Government of Kosovo (request for advisory opinion).
The public hearings will open on 1 December 2009 at the Peace Palace, the seat of the Court.
During these hearings, statements and comments may be presented orally by the United Nations
and its Member States, whether or not they have filed written statements and, possibly, written
comments. At the hearings, the authors of th e unilateral declaration of independence by the
Provisional Institutions of Self-Government of Kosovo will be able to present an oral contribution.
The United Nations and its Member States and the authors of the unilateral declaration of
independence by the Provisional Institutions of Self-Government of Kosovo have until
15September2009 to indicate to the Court whether th ey wish to participate in the hearings. The
number of participants in the oral proceedings and the detailed schedule for the public hearings will
be communicated in due course.
History of the proceedings
On 8October2008, the General Assembly of the United Nations adopted resolution63/3
(A/63/L.2) in which, referring to Article65 of th e Statute of the Court, it requested the Court to
render an advisory opinion on the following question:
“Is the unilateral declaration of independence by the Provisional Institutions of
Self-Government of Kosovo in accordance with international law?”
Certified true copies of the English and French texts of that resolution were transmitted to
the Court under cover of a letter from the Secr etary-General of the United Nations dated
9October2008. Subsequently, the Secretary-Gene ral submitted to the Court a dossier containing
all documents likely to throw light upon the questi on, pursuant to Article65, paragraph2, of the
Statute. This dossier is available on the Court’s website (www.icj-cij.org).
By letters dated 10October2008, the Registrar gave notice of the request for an advisory
opinion to all States entitled to appear before the C ourt, pursuant to Article 66, paragraph 1, of the
Statute. - 2 -
By an Order of 17 October 2008, the Court decided that “the United Nations and its Member
States [were] considered likely to be able to furnish information on the question submitted to the
Court for an advisory opinion”. It fixed 17April2009 as the time-limit within which written
statements on the question could be presented to the Court and 17July2009 as the time-limit
within which States and organizations that ha d presented written statements could submit written
comments on the other written statements.
The Court also decided that
“taking account of the fact that the unilateral declaration of independence by the
Provisional Institutions of Self Government of Kosovo of 17February2008 is the
subject of the question submitted . . . for an advisory opinion, the authors of the above
declaration [were] considered likely to be able to furnish information on the question”
and therefore decided “to invite them to make wr itten contributions to the Court within the above
time-limits”.
Thirty-six Member States of the United Nati ons filed written statements on the question of
the Accordance with International Law of the Un ilateral Declaration of Independence by the
Provisional Institutions of Self-Government of Kosovo . These States are (in order of receipt):
Czech Republic, France, Cyprus, China, Switzerland, Romania, Albania, Austria, Egypt, Germany,
Slovakia, Russian Federation, Finland, Poland, Luxembourg, Libyan Arab Jamahiriya, United
Kingdom, United States of America, Serbia, Spain, Islamic Republic of Iran, Estonia, Norway,
Netherlands, Slovenia, Latvia, Japan, Brazil, Irela nd, Denmark, Argentina, Azerbaijan, Maldives,
Sierra Leone, Bolivia and the Bolivarian Republic of Venezuela.
The authors of the unilateral declaration of independence by the Provisional Institutions of
Self-Government of Kosovo filed a written contribution.
Fourteen States which presented written stat ements have also submitted written comments
on the other written statements. These States are (i n order of receipt): France, Norway, Cyprus,
Serbia, Argentina, Germany, Netherlands, Al bania, Slovenia, Switzerland, Bolivia, United
Kingdom, United States of America and Spain.
The authors of the unilateral declaration of independence by the Provisional Institutions of
Self-Government of Kosovo have submitted a writ ten contribution containing their comments on
the written statements.
*
It is recalled that the written proceedings (the texts of the written statements and written
comments filed by Member States of the United Na tions, and the texts of the written contributions
filed by the authors of the unilateral declaration of independence by the Provisional Institutions of
Self-Government of Kosovo) remain confidential until the Court decides to make them accessible
to the public, at the opening of the oral proceedings or at a later date.
___________
Information Department:
Mr. Andrey Poskakukhin, First 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, Associate Information Officer (+31 (0)70 302 2394)
Ms Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)
Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo (Request for Advisory Opinion) - Public hearings to be held from 1 December 2009