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A/RES/63/3 GA

Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law : resolution / adopted by the General Assembly

63
Session
77
Yes
6
No
74
Abstentions
Draft symbol A/63/L.2
Adopted symbol A/RES/63/3
Category POLITICAL AND LEGAL QUESTIONS
P5 Positions
Russia ✓ United States ✗ United Kingdom ~ China ✓ France ~
UN Document A/RES/63/3 ↗

Vote Recorded Vote — A/63/PV.22 Oct. 8, 2008

— Abstain (74)
✗ No (6)
Absent (35)
✓ Yes (77)
Speeches following this vote (19) may include explanations of vote
The President
I call on the representative of Liberia on a point of order.
Mrs. Osode (Liberia)
Liberia voted against the draft resolution; I repeatedly pressed the red button, but without result.
The President
I have been informed by the Secretariat – which is so informing the representative of Liberia – that, in accordance with the provisions of Article 19 of the Charter, Liberia may not vote. Before giving the floor to speakers in explanation of vote, may I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats. I now call on repres…
Mr. McNee (Canada)
Let me begin by saying that Canada fully supports the role of the International Court of Justice as an instrument in the pacific settlement of disputes. Canada’s vote today is not intended to detract from that important principle. It is our view, however, that the case raises highly political matters that are unsuitable for judicial review. Moreover, Canada is of the view that the referral put b…
Mr. Pereyra (Peru)
Peru recognized Kosovo on 22 February 2008, understanding that in this case there is a set of peculiar humanitarian circumstances that make it unique. In that regard, Peru’s decision to recognize Kosovo constitutes a sovereign act of its foreign policy. In Peru’s view, the legality of Kosovo’s independence is, in the light of international law, fully justified by the peculiar circumstances that m…
Mr. Matussek (Germany)
Germany is strongly committed to the International Court of Justice and to the important role of international law in governing relations between States. However, any action by the General Assembly should contribute to the aim of advancing a just, lasting and stable settlement in Kosovo and in the Western Balkans as a whole. It is in this spirit that Germany has approached the request for an advi…
Mr. Argüello (Argentina)
The pillar of the United Nations system is international peace and security. The principal organ of the Organization with powers in this area is the Security Council. The whole of the collective security system is based on the fact that Members of the United Nations are duty bound to abide by the relevant resolutions of the Organization. In the case of Kosovo, Security Council resolution 1244 (1…
Ms. Lintonen (Finland)
The International Court of Justice plays a crucial role in the peaceful settlement of disputes and in the promotion and application of international law. It has made considerable contributions to the development of international law, also through its advisory powers. Finland has recognized the compulsory jurisdiction of the Court since 1958 without any reservations. We have actively participated…
Mr. Goledzinowski (Australia)
Australia recognizes the right of every State to raise matters before the General Assembly for consideration by the Assembly. In particular, we respect the right of Serbia to bring this request for an advisory opinion from the International Court of Justice to the Assembly. Australia is a strong supporter of the International Court of Justice as the principal judicial organ of the United Nations …
Ms. Blum (Colombia)
Colombia has asked to take the floor to explain its abstention in the voting on resolution 63/3, introduced under agenda item 71, concerning the request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law. In so doing, I wish to underscore, first of all, the importance that Colombia …
Mr. Staur (Denmark)
Denmark is a strong supporter of the International Court of Justice. Denmark has for more than 50 years accepted the Court’s compulsory jurisdiction under Article 36 of the Statute of the Court. We have been a party to a number of contentious cases before the Court, thereby also in practice attesting to our belief in a rule-based international legal order and our support for the principle of pea…
Mr. Wetland (Norway)
We believe that requesting an advisory opinion from the International Court of Justice is acceptable and can serve to stabilize the region, even if there are also sound arguments against engaging the Court in a matter regarding a new State, given that most peoples enter statehood under difficult and often turbulent circumstances. Nevertheless, we believe that the initiative taken by the Governme…
Mr. Maurer (Switzerland)
We have always been attached to the promotion of the rule of law and international justice. That is why Switzerland has supported the International Court of Justice since its founding and considers it to be an important instrument for the peaceful settlement of disputes. Switzerland is also committed to peace, stability and socio-economic development in the region at issue. The present request fo…
Mr. García González (El Salvador)
El Salvador voted in favour of resolution 63/3 concerning the request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo by the Provisional Institutions of Self-Government of Kosovo was in accordance with international law. El Salvador recognizes the option available to Member States, in keeping with Article 96 of the Cha…
Mr. Tow (Singapore)
Singapore is sympathetic to the desire of the people of Kosovo for control over their own destiny. It is undeniable that the Kosovars have endured great suffering and terrible treatment in the past. After the crimes committed against the people of Kosovo in the early 1990s, many countries, including Singapore, expressed sympathy and support for some form of autonomy for Kosovo. However, Singapore…
Mr. Hannesson (Iceland)
Iceland supported the draft resolution (A/63/L.2) submitted by Serbia. In so doing, we departed from the position of some other States that, like us, have recognized Kosovo’s independence. We do nonetheless share their viewpoints in respect to the developments that gave rise to Serbia’s proposal. Iceland voted in favour of resolution 63/3 on the basis of the fundamental importance of internation…
The Acting President
For purposes of clarification with respect to the voting, I wish to draw the attention of the General Assembly to document A/63/350, which contains a letter from the Secretary- General addressed to the President of the General Assembly outlining those Member States that are in arrears under the terms of Article 19 of the Charter of the United Nations. I cite this document with respect to one Memb…
Mr. Jeremić (Serbia)
Serbia believes that this is a great day for this body and a great day for international law. Serbia wishes to thank the United Nations for having provided us with the opportunity to defend our case and to ask for support for our legal view in this Chamber. First and foremost, Serbia wants to thank the countries that have supported resolution 63/3. We wholeheartedly thank those countries that hav…
The Acting President
The General Assembly has concluded this stage of its consideration of agenda item 71.
Full text of resolution OCR extract — may contain errors
United Nations A/RES/63/3 General Assembly Distr.: General 8 October 2008 Sixty-third session Agenda item 71 08-47097 Resolution adopted by the General Assembly on 8 October 2008 [without reference to a Main Committee (A/63/L.2)] 63/3. Request for an advisory opinion of the International Court of Justice on whether the unilateral declaration of independence of Kosovo is in accordance with international law The General Assembly, Mindful of the purposes and principles of the United Nations, Bearing in mind its functions and powers under the Charter of the United Nations, Recalling that on 17 February 2008 the Provisional Institutions of Self- Government of Kosovo declared independence from Serbia, Aware that this act has been received with varied reactions by the Members of the United Nations as to its compatibility with the existing international legal order, Decides, in accordance with Article 96 of the Charter of the United Nations to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court to render an advisory opinion on the following question: “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”. 22nd plenary meeting 8 October 2008
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