Written Statement of the Libyan Arab Jamahiriya (translation by the Registry)

Letter to the Registrar dated 17 April 2009 from the Libyan Ambassador to Belgium

[Translation]

In reference to your letter dated 10Octobe r2008 concerning the request for an advisory

opinion on the proclamation of the secession of the Province of Kosovo from the Republic of
Serbia, I have the honour to transmit herewith the response of the Great So cialist People’s Libyan
Arab Jamahiriya.

___________ Note concerning the proclamation by the Province of Kosovo

of its secession from the Republic of Serbia

We hereby refer to the question of the proclamation of the secession of the Province of
Kosovo from the Republic of Serbia and the decisi on of the United Nations General Assembly to

submit the question to the Court (pursuant to Artic le96 of the Charter of the United Nations) in
order for it to give an advisory opinion on th e legality of the proclamation and its compatibility
with international law.

In assessing the question from a legal persp ective, we wish to emphasize the following
points:

(1) the proclamation of the independence of the Pr ovince of Kosovo unilaterally by its institutions

of self-government is a violation of international law;

(2) the commitment to the principle of the territori al integrity of the Republic of Serbia is in
keeping with international law, which gives absolute sovereignty to States over their regions;

(3) the proclamation of the independence of the Province of Kosovo is regarded as a violation of
Security Council resolution1244 (1999), whic h clearly stipulates the maintenance of the
territory of the Republic of Serbia under its sovereignty;

(4) Security Council resolution1244 (1999) gives the province substantial autonomy under the
sovereignty of Serbia;

(5) the independence of the Province of Kosovo was proclaimed before negotiations had been
completed with Serbia on self-determination, and therefore has no legal justification;

(6) the Province of Kosovo is regarded as a part of Serbian territory, even though it is outside the

effective control of the Republic of Serbia.

For these reasons, the proclamation by the Province of Kosovo of its secession from the
Republic of Serbia is incompatible with international law.

Department of International
Law and Treaty Matters.

___________