In Court: ‘Self-Determination’ and Freedom in the ICJ Case on Kosovo

Abstract

This chapter analyses the use of the language of ‘self-determination’ and its associated ideas of freedom at the International Court of Justice (ICJ) case on Kosovo’s declaration of independence (2008–2010). Despite the question having been put to the court in the case not mentioning ‘self-determination’, a strikingly high number of states participating in the proceedings made reference to the term. Unprecedentedly many states partook in the proceedings—including for the first time in the Court’s history, all permanent members of the UN Security Council. The case thus unexpectedly came to showcase recent international ‘self-determination’ discourse and how ideas of freedom were employed as legitimating standard. As in earlier ‘self-determination’ moments, the vast majority of those citing this language in the ICJ case relied on the liberal-conservative idea of freedom. Nonetheless, the Court’s final opinion revealed the endurance of the radical idea.