Declaraciones
Depositary communications
Artículos:
Declaration:
26-06-2017
The Embassy of the Republic of Kosovo to the Kingdom of the Netherlands strongly objects the declaration made by the Embassy of Republic of Serbia on 29-05-2017, a territory with which Republic of Kosovo has not yet established diplomatic relations, to extend the territorial applicability of the Authorities of Serbia to the territory of the Republic of Kosovo. Any legalization of documents in the territory of the Republic of Kosovo by illegal structures of the Government of Serbia or the Government of Serbia itself presents a violation of the sovereignty of the Republic of Kosovo and an attempt to issue falsified documents by such illegal and unauthorized structures, which are considered null and void by the Government of the Republic of Kosovo. At the same time it presents a violation also of the commitments Serbia has taken in the dialogue for the normalization of relations with the Republic of Kosovo under the facilitation of the European Union to dismantle all parallel structures functioning in the territory of the Republic of Kosovo.
The Embassy of the Republic of Kosovo draws its attention to all Parties of the Apostille Convention that the Republic of Kosovo as an independent and sovereign country is recognized by 114 countries and is a member of several international organizations including the International Monetary Fund and of the World Bank Group, two United Nations Specialized Agencies. The Embassy of the Republic of Serbia in The Hague in its Note Verbale intentionally abuses with the conclusions of the International Court of Justice Advisory Opinion on the legality of the independence of Kosovo. On 22nd July 2010 the International Court of Justice has concluded that the adoption of the declaration of independence of 17 February 2008 did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework. Consequently the adoption of that declaration did not violate any applicable rule of international law.
At the same time the Embassy of the Republic of Kosovo strongly objects the request of the Embassy of the Republic of Serbia to change the designation of the Republic of Kosovo. The Embassy of the Republic of Kosovo recalls to all Parties of the Apostille Convention that the Republic of Kosovo has submitted the instruments of accession to the Apostille Convention by its official name "the Republic of Kosovo" and as such have been received by the Ministry of Foreign Affairs of the Kingdom of the Netherlands as Depository of the convention. It is not up to other Contracting Parties to change the designation of any Contracting Party to the Convention and this presents a dangerous attempt by Serbia to violate international law and the sovereign rights of each Contracting Party to decide upon its designation.
As such, the Republic of Kosovo strongly objects to the declaration of Serbia. As a party to the Convention, the Republic of Kosovo calls on all Contracting Parties to reject the declaration and asks them to be vigilant in ensuring that they reject any efforts by Serbia to illegally exercise Apostille Convention obligations in the territory of the Republic of Kosovo.
The Embassy of the Republic of Kosovo kindly requests from the Ministry of Foreign Affairs of the Kingdom of the Netherlands, in its capacity as Depository of the Convention, to bring this Note Verbale containing the declaration of objection to all Contracting Parties of the Apostille Convention and to the Permanent Bureau of the Hague Conference on Private International Law.