International recognition of Kosovo

Background

A number of states expressed concern over the unilateral character of Kosovo's declaration, or explicitly announced that they would not recognise an independent Kosovo. The United Nations Security Council (UNSC) remains divided on this issue: of its five members with veto power, three (the United States, the United Kingdom, and France) have recognised the declaration of independence, while the People's Republic of China has expressed concern, urging the continuation of the previous negotiation framework. Russia has rejected the declaration and considers it illegal. On 15 May 2008, Russia, China, and India released a joint statement calling for new negotiations between Belgrade and Pristina.

Although EU member states individually decide whether to recognise Kosovo, by consensus the EU has commissioned the European Union Rule of Law Mission in Kosovo (EULEX) to ensure peace and continued external oversight. Due to the dispute in the UNSC, the reconfiguration of the United Nations Interim Administration Mission in Kosovo (UNMIK) and partial handover to the EULEX mission met with difficulties. In spite of Russian and Serbian protests, the UN Secretary-General Ban Ki-moon proceeded with the reconfiguration plan. On 15 July 2008, he stated: "In the light of the fact that the Security Council is unable to provide guidance, I have instructed my Special Representative to move forward with the reconfiguration of UNMIK ... in order to adapt UNMIK to a changed reality." According to the Secretary-General, the "United Nations has maintained a position of strict neutrality on the question of Kosovo's status". On 26 November 2008, the UNSC gave the green light to the deployment of the EULEX mission in Kosovo. The EU mission is to assume police, justice, and customs duties from the UN, while operating under the United Nations Security Council Resolution 1244 (UNSCR 1244) that first placed Kosovo under UN administration in 1999.

As of late July 2008, UNMIK no longer provides the citizens of Kosovo with travel documents, while their ability to travel using the new Kosovan passport does not coincide with diplomatic recognition: for example Greece, Romania, and Slovakia accept Kosovo-issued documents for identity purposes, despite not officially recognising its independence. The three neighbouring states that recognise Kosovo—Albania, Montenegro, and Macedonia—all accept the Kosovan passport, which Serbia refuses.

A United Nations General Assembly (UNGA) resolution adopted on 8 October 2008 backed the request of Serbia to seek an International Court of Justice advisory opinion on Kosovo's declaration of independence. On 22 July 2010, the ICJ ruled that the declaration of independence of Kosovo "did not violate any applicable rule of international law", because its authors, who were "representatives of the people of Kosovo", were not bound by the Constitutional Framework (promulgated by UNMIK) or by UNSCR 1244 that is addressed only to United Nations Member States and organs of the United Nations.

Serbia's reaction

Due to Serbian claims that Kosovo is part of its sovereign territory, its initial reactions included recalling ambassadors from countries that recognised Kosovo for several months, indicting Kosovar leaders on charges of high treason, and litigating the case at the International Court of Justice (ICJ). Serbia also expelled ambassadors from countries that recognised Kosovo after the UNGA vote adopting Serbia's initiative to seek an ICJ advisory opinion.

In December 2012, as a result of European Union mediated negotiations on Kosovo's status, Serbian Prime Minister Ivica Dačić agreed to appoint a liaison officer to Kosovo. In March 2013, Dačić said that while his government would never recognise Kosovo's independence, "lies were told that Kosovo is ours" and that Serbia needed to define its "real borders".

In April 2013, Kosovo and Serbia reached an agreement to normalise relations, and thereby allow both nations to eventually join the European Union. Under the terms of the agreement, "Belgrade acknowledged that the government in Pristina exercises administrative authority over the territory of Kosovo – and that it is prepared to deal with Pristina as a legitimate governing authority."

On 17 June 2013 Kosovo and Serbia exchanged liaison officers.

United Nations member states

Other states and entities

Entities that do not recognise Kosovo as an independent state

Diplomatic recognition is an explicit, official, unilateral act in the foreign policy of states in regards to another party. Not having issued such a statement does not necessarily mean the state has objections to the existence, independence, sovereignty or government of the other party. Some states, by custom or policy, do not extend formal recognitions, on the grounds that a vote for membership in the UN or another organisation whose membership is limited to states is itself an act of recognition.

United Nations member states

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B

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Positions taken by intergovernmental organisations

Intergovernmental organisations do not themselves diplomatically recognise any state; their member states do so individually. However, depending on the intergovernmental organisation's rules of internal governance and the positions of their member states, they may express positive or negative opinions as to declarations of independence, or choose to offer or withhold membership to a partially recognised state.