Cry Havoc -- World Court Demolishes International Law

by Nebojsa Malic
The decision of the International Court of Justice, made public on July 22, that the unilateral declaration of independence by the provisional government of Kosovo "did not violate any applicable rule of international law" was both predictable and shocking.
Predictable, because the ICJ panel considering the case included judges from nine countries that had already recognized the "independent republic of Kosovo." As deliberations began in December 2009, ICJ president Hisashi Owada even blurted out that the decision would be vague — which was interpreted at the time as confirmation that the court was under tremendous political pressure.
Shocking, because the actual decision (PDF) — that the declaration "did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework" — was reached by cheating.
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