On July 22, the International Court of Justice delivered an advisory opinion holding that Kosovo's declaration of independence in February 2008 "did not violate any applicable rule of international law." While analysts have underscored that the opinion resonates far beyond Kosovo, it is also worth noting that that the ICJ's ruling unambiguously confirms that Russia's continuing occupation of Georgian territory is a flagrant violation of international law.
The legal question before the court was "narrow and specific" and did not deal with whether or not territorial secession is lawful. The UN General Assembly asked only whether or not the declaration of independence is in accordance with international law. It did not ask about the legal consequences of that declaration. It did not ask whether or not Kosovo had achieved statehood. It did not ask about the validity or legal effects of the recognition of Kosovo by those states that have recognized it as independent. The opinion thus leaves unanswered the validity of Kosovo's status as a state and its recognition by the international community. The ICJ knew that affirming Kosvo's independence would have created a chaotic precedent for "breakaway regions" around the world.
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