LATVIJAS REPUBLIKAS VËSTNIECÏBA NÏDERLANDË
AMBASSADE VAN LETLAND IN NEDERLAND
No. 2.3.4/125
The Embassy of the Republic of Latvia presents its compliments to the
Registry of the International Court of Justice and has the honour to submit the
copy of the Letter of H.E. Mr. Maris Riekstins, Minister of Foreign Affairs of
the Republic of Latvia, with the written statements of Latvia in reply to the
question submitted to the Court for an advisory opinion "Is the unilateral
declaration of independence by the Provisional Institutions of Self-Government
of Kosovo in accordance with international law?"
Due to unforeseen technical problems the diplomatie post to The Hague has
been delayed and the Embassy is unable to present the original documents that
will be duly submitted to the Court within the shortest possible time.
The Embassy of the Republic of Latvia avails itself of this opportunity to
renew to the Registry of the International Court of Justice the assurances of its
highest consideration.
The Hague, 17April 2009
To the Registry of the International Court of Justice
The Hague
Address: Balistraat 88, 2585 XX 's-Gravenhage, Nederland / Tel.: +31 (0)70-306 39 34 Fax: +31 (0)70-306
E-mail: [email protected] MINIS TER OF FOREIGN AFF AIRS
REPUBLIC OF LATVIA
Mr. Philippe Couvreur
Registrar
InternationalCourt{ofJustice
Peace Palace
2517 KJ The Hague !
Riga, April 4:},2009
Dear Mr. Philippe Couvreur,
In its order dated October 17, 2008 the International Court of Justice invited States members of
the United Nations Organization to submit written statements to furnish information on the
question submitted to the Court for an advisory opinion, namely, ,,Is the unilateral declaration of
independence by the Provisional Institutions of Self-Govemment of Kosovo in accordance with
international law?"
Referring to your communication No. 133310 dated October 20, 2008, Latvia, being the member
state of the United Nations Organization, hereby submits its written statement on the
abovementioned question.
Enclosure -·l pages.
Yours Sincerely, Enclosure to the letter of the Minister of Foreign Affairs of the Republic of Latvia to
the Registrar of the ICJ No.21/259-2647 dated 16 April 2009
International Court of Justice
ACCORDANCE WITH INTERNATIONAL LAW OF THE
UNILATERAL DECLARATION OF INDEPENDENCE BY THE
PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT OF KOSOVO
(Request for an Advisory Opinion)
Written Statement by
The Republic of Latvia
April 2009
In its order dated October 17, 2008 the International Court of Justice invited
Member States of the United Nations Organization to submit written statements to
furnish information on the question submitted to the Court for an advisory opinion,
namely, ,,Is the unilateral declaration of independence by the Provisional Institutions
of Self-Govemment of Kosovo in accordancewith international law?"
Latvia hereby submits its written statement on the abovementioned question.
It has to be underlined that the criteria under which Latvia deems Kosovo's
declaration of independence to be in accordance with the International Law are
cumulative.
1. In International Law there is a recognized right of self-determination.
Furthermore, no rule of International Law prohibits the issuing of
declaration of independence as an outcome of the fulfillment of the
right of self-determination.
2. Breach of Human rights and international crime have lead to the
establishment of the International Criminal Tribunal for the former
Yugoslavia and other factors obstructingthe right of self-determination
have lead the United Nations SecurityCouncil to act under ChapterVII
of the Charter of the United Nations by adopting Resolution 1244
(1999).
3. Resolution 1244 (1999) authorized international civil and security
presence in Kosovo. International community through International
Organizations acting pursuant to the Resolution has controlled the
situation and createdthe normative basis for a state of rule of law and a
statethat respects human rights.
4. Resolution 1244 (1999) did not prohibit the declaration of
independence by Kosovo as the outcome of the process towards the
future status of Kosovo.
5. The status of Kosovo is an outcome of long years of actions and
multilateral negotiations authorized by the United Nations Security
1 Enclosure to the letter of the Minister of Foreign Affairs of the Republic of Latvia to
the Registrar of the JCJ No.21/259-2647 dated 16April 2009
Council and carried out by the United Nations, other international
organizations and states.
6. The implementation of Resolution 1244 (1999) and long multilateral
negotiations in different contexts and international organizations,
including the United Nations, have not lead to any other outcome for
the status of Kosovo.
7. Also the status process conducted by UN Special Envoy Ahtisaari had
been exhausted before Kosovo declared its independence. In his report
Ahtisaari stated: "I have corne to the conclusion that the only viable
option for Kosovo is independence." In a letter dated 26 March 2007
from the Secretary-General addressed to the President of the Security
Council The Secretary-General of the United Nations specifically said:
"Having taken into account the developments in the process designed
to determine Kosovo's future status, I fully support both the
recommendation made by my Special Envoy in his report on Kosovo's
future status and the Comprehensive Proposai for the Kosovo Status
Settlement."
8. The declaration of independence of Kosovo embraces a determination
not to further accede to any other independent state but to remain as an
independent state itself. This is another important criteria that affirms
the sui generis character of the declaration of independence of Kosovo.
Thus Kosovo by issuing the declaration of independence has acted in
accordance with international law and has put into practice the right of
self-determination. Since the declaration of independence Kosovo
continues to form itself as an independent state of rule of law and
human rights.
All these criteria being cumulatively fulfilled, the declaration of independence by the
Provisional Institutions of Self-Government of Kosovo is in accordance with
internationallaw.
2
Written Statement of Latvia