International Recognition of The Republic of Kosovo - Background

Background

Further information: Foreign relations of the Republic of Kosovo

A number of states expressed concern over the unilateral character of Kosovo's declaration, or explicitly announced that they would not recognise an independent Kosovo. The United Nations Security Council (UNSC) remains divided on this issue: of its five members with veto power, three (the United States, the United Kingdom, and France) have recognised the declaration of independence, while the People's Republic of China has expressed concern, urging the continuation of the previous negotiation framework. Russia has rejected the declaration and considers it illegal. On 15 May 2008, Russia, China, and India released a joint statement calling for new negotiations between Belgrade and Pristina.

Although EU member states individually decide whether to recognise Kosovo, by consensus the EU has commissioned the European Union Rule of Law Mission in Kosovo (EULEX) to ensure peace and continued external oversight. Due to the dispute in the UNSC, the reconfiguration of the United Nations Interim Administration Mission in Kosovo (UNMIK) and partial handover to the EULEX mission met with difficulties. In spite of Russian and Serbian protests, the UN Secretary-General Ban Ki-moon proceeded with the reconfiguration plan. On 15 July 2008, he stated: "In the light of the fact that the Security Council is unable to provide guidance, I have instructed my Special Representative to move forward with the reconfiguration of UNMIK... in order to adapt UNMIK to a changed reality". According to the Secretary-General, the "United Nations has maintained a position of strict neutrality on the question of Kosovo's status". On 26 November 2008, the UNSC gave the green light to the deployment of the EULEX mission in Kosovo. The EU mission is to assume police, justice and customs duties from the UN, while operating under the United Nations Security Council Resolution 1244 (UNSCR 1244) that first placed Kosovo under UN administration in 1999.

As of late July 2008, UNMIK no longer provides the citizens of Kosovo with travel documents, while their ability to travel using the new Kosovan passport does not coincide with diplomatic recognition: for example Greece, Romania and Slovakia make it possible, despite not recognising Kosovo. The three neighbouring states that recognise Kosovo—Albania, Montenegro and Macedonia—all accept the Kosovan passport, which Serbia refuses.

A United Nations General Assembly (UNGA) resolution adopted on 8 October 2008 backed the request of Serbia to seek an International Court of Justice advisory opinion on Kosovo's declaration of independence. On 22 July 2010, the ICJ ruled that the declaration of independence of Kosovo "did not violate any applicable rule of international law", because its authors, who were "representatives of the people of Kosovo", were not bound by the Constitutional Framework (promulgated by UNMIK) or by UNSCR 1244 that is addressed only to United Nations Member States and organs of the United Nations.

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