Brazil's reaction to the 2008 Kosovo declaration of independence

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Kosovo's declaration of independence from Serbia was enacted on Sunday, 17 February 2008 by a unanimous vote of the Assembly of Kosovo.^[1] All 11 representatives of the Serb minority boycotted the proceedings.^[2] International reaction was mixed, and the world community continues to be divided on the issue of the international recognition of Kosovo. In the aftermath of the declaration of independence, Brazil declared to believe there were no legal or juridical bases that might justify the unilateral declaration of independence.

Reaction

In February 2008, the Brazilian government reaffirmed its belief that a peaceful solution for the issue of Kosovo must continue to be sought through dialogue and negotiation, under the auspices of the UN and the legal framework of UNSCR 1244. In his recent declarations, the Foreign Minister, Celso Amorim, defended that Brazil should await a UNSC decision before defining its official position on the matter of Kosovo's independence.^[3][4]

In September 2009, Ambassador of Brazil to Serbia Dante Coelho de Lima said that "Our fundamental position is that we respect Serbia's territorial integrity. We supported Security Council resolution 1244, under which Kosovo is a part of Serbia. We also think that the principle of self-determination should not run counter to respect for international law".^[5]

In a 4 December 2009 hearing at the ICJ, the Brazilian delegation said that the unilateral declaration of independence ignored not only the authority of the UNSC, but also the principle of protecting the territorial integrity of states. There is no basis to justify the unilateral declaration of independence in the UNSC resolution 1244 because it predicted a solution agreed by both parties. Since such an agreement was not reached, the Kosovo dispute can be decided only by the UNSC.^[6]

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