EMBASSY OF THE FEDERATIVE REPUBLIC OF BRAZIL
The Ambassador
The Hague, April 17, 2009.
Mr. Philippe Couvreur
Registrar
International Court of Justice
Peacè Palace
Carnegieplein 2
2517 KJ - The Hague
Dear Mr. Couvreur,
With reference to your letter nr. 133310, dated October 20, 2008, I am pleased to
transmit the statement of the Brazilian Govemment on the Unilateral Declaration of
Independence by the Provisional Institutions of Self-Govemment of Kosovo:
"The International Court of Justice requested, on 17 October 2008, written statements
on the question related to the request for Advisory Opinion on the accordance with
international law of the unilateral declaration of independence by the Provisional.
Institutions of Self-Government of Kosovo, as per Resolution 63/3, adopted by the
United Nations General Assembly (UNGA). ·
Brazil voted in favour of the aforementioned UNGA Resolution. We firmly believe
that an Advisory Opinion issued by the International Court of Justice would, for the
benefit of the entire international community, clarify the legal aspects of the question,
therefore providing an important contribution to the peaceful resolution of the
controversy generated by Kosovo's Unilateral Declaration ofindependence.
In regard to the case in point, the position of the Brazilian Govemment is the
following:
By adopting Resolution 1244(1999),under Chapter VII of the UN Charter, the United
Nations Security Council (UNSC)placed Kosovo under an international legal regime.
Resolution 1244 provided an appropriate framework for the establishment, pending a
final settlement, of substantial autonomy and meaningful self-administration for
Kosovo with due respect for the sovereignty and territorial integrity of the Federal
Re ublic ofYugoslavia.
uritskade, 19 - Tel: 070-302-395- Fax: 070-302-3950As an elected member of the UNSC in 1999, Brazil voted in favour of Resolution
1244as it reflected the unique capacity of the Security Council and the UnitedNations
system for legitimate collective action to further reconciliation and stability and to
promote peace on the basis of international law after the traumatic experiences faced
by the population of the Balkans overthe previous decade.
The Unilateral declaration of Independence of Kosovo by the Provisional Institutions
of Self-Government of Kosovo bas divided the international community and
disregarded the authority of the Security Council in regards to the maintenance of
international peace and security.
In Brazil's view, the Unilateral Declaration of Independence contradicts relevant
provisions of the international law, in particular the principle of territorial integrity of
sovereign and independent States. According to UNGA Resolution 2625 (1978), on
Principles of International Law, "nothing [...] shall be constructed as authorizing or
encouraging any action which would dismember or impair, totally or in part, the
territorial integrity or political unity of sovereign and independent States conducting
themselves in compliance with the principle of equal rights and self-determination of
pèoples [...]".
Brazil considers that the right to self-determination does not stand in contradiction·
with the principle of territorial integrity and must respect the UNSC decisions. It is
.recalledthat through Resolution 1244the UNSC both reaffirmed the commitment of
all member States to the sovereignty and territorial integrity of the Federal Republic of
Yugoslavia and called for substantial autonomy and meaningful self-administrationfor
Kosovo. Accordingly, Paragraph 10 of the said resolution provides for the
establishment of an international civil presence in Kosovo under which the people of
Kosovo could enjoy substantial autonomywithin the Federal Republic ofYugoslavia.
Brazil considers therefore that UNSC Resolution 1244 remains the basis for a lasting
and effective negotiated solution to the matter. Any evolution therefrom must take
place under the auspices of the United Nations and in particular the UNSC, which bas,
according to the UN Charter, the primary responsibility for the maintenance of
international peace and security."
Yours sincerely,
~---r /\
,,~ J-J(_,
Artur Denot Medeiros
Ambassador of Brazil
Mauritskade, 19 - Tel: 070-302-3959 - Fax: 070-302-3950
Written Statement of Brazil