Today marks 15 years since the International Court of Justice (ICJ) in The Hague issued its advisory opinion confirming that Kosovo’s declaration of independence did not violate international law. The decision was hailed as a historic legal victory for Kosovo’s statehood, yet according to academic Arsim Bajrami, the country has not fully capitalized on this crucial achievement.
Speaking to Radio Kosova, Bajrami emphasized that the 2010 ruling should have paved the way for Kosovo’s full international recognition, including membership in the United Nations.
“This decision was a major legal victory for Kosovo. Following it, the United Nations should have universally accepted the ICJ’s opinion. Since the Court concluded that Kosovo’s declaration of independence did not breach any international statute, the issue of Kosovo’s status should have been considered resolved, enabling its accession to the UN and other international organizations,” Bajrami stated.
However, he noted that this outcome was obstructed by the veto powers of Russia and China. In the aftermath, the focus shifted to EU-facilitated talks between Kosovo and Serbia.
“In 2011, a new UN resolution authorized a technical dialogue between Kosovo and Serbia. Unfortunately, not only did this dialogue fail to resolve the conflict, but it has also kept Kosovo’s international status in limbo,” he added.
Bajrami also criticized Kosovo’s institutions for not pursuing an aggressive diplomatic strategy to build on the ICJ ruling.
“The country’s diplomacy has not been proactive in leveraging this legal triumph. Instead of launching a diplomatic offensive to convince non-recognizing states, the ruling was underutilized. Any state would have used such a decision to advance its international affirmation,” Bajrami explained.
The ICJ’s advisory opinion followed Serbia’s request to challenge the legality of Kosovo’s independence, declared on February 17, 2008. The Court ultimately concluded that Kosovo’s declaration did not contravene any applicable rule of international law.
