Chapter 9 Kosovo’s Independence: Re-Examining the Principles Established by the EC Badinter Commission in Light of the ICJ’s Advisory Opinion

Abstract

This chapter discusses the content of relevant opinions of the Badinter Commission and highlights events leading to Kosovo's unilateral secession. It analyses the advisory opinion of the International Court of Justice (ICJ) on Kosovo's independence. The chapter assesses the impact of the advisory opinion on the applicability of the principles of uti possidetis juris and self-determination as interpreted by the Badinter Commisson. The Badinter Commission's reading of the principles of uti possidetis juris and self-determination, in theory, aimed to ensure peaceful dissolution of the former Yugoslavia, even though in practice the exactly opposite result was achieved. Overall, it is regrettable that the ICJ's advisory opinion on Kosovo did not bring clarity to the matter and open a new page in the protection of minority rights, including their right to self-determination. Keywords:Badinter Commission; ICJ's advisory opinion; International Court of Justice (ICJ); Kosovo's independence; self-determination; uti possidetis juris ; Yugoslavia