Statement of the Foreign Ministry of the Transdniestrian Moldavien Republic in view of the Decision of the International Court of Justice on Kosovo

07/26/10

The Transdniestrian Ministry of Foreign Affairs welcomes the decision of the International Court of Justice of 22 June 2010 which reads, “International legislation contains no prohibition as to declaring independence, and thus, Kosovo's declaration of independence doesn't contradict international law.”

This decision is a significant one and is of general political and legal character as far as it confirms the sovereign right of nations and peoples for self-determination on the part of the authoritative international organization which in adopting this decision took note of the existing realities and present-day state of the system of international relations.

The decision taken by the United Nations\' highest court de-facto means international legitimization of the settlement model based on the priority of the right of people for self-determination what comes to be an obvious step on the way of reformatting an obsolete Helsinki mechanism of pan-European order in accordance with demands of the XXI century.

The decision of the International Court of Justice is of international and legal importance since it levels any unilateral attempts of other sates to impede the will of the people through adoption of their own laws.

In this connection, it is remarkable that exactly 5 years ago, on 22 June 2005, an internal law of the Republic of Moldova was unilaterally adopted, which aimed at strict regulation of the whole scope of Transdniestrian activity. The given decision of the Republic of Moldova's authorities appeared to be a juristic nonsense since it was adopted without considering the opinion of Transdniestrian people. Today the full inconsistency of this law has been internationally attested.  

Proceeding from the principles reaffirmed by the United Nations, the internal law of the Republic of Moldova from 2005 in respect to the Transdniestrian Moldavien Republic contradicts international law and cannot be valid due to decisions about independence made during all-people's referenda, with the last one having taken place on 17 September 2006.

In the context of the United Nations' position, Transdniestria once again draws attention of the international community to the fact that Republic's statehood corresponds to all international criteria of an independent state and that there legally exist necessary conditions for its international recognition what has found its real confirmation during the 20 years' period of independent development of Transdniestria.

The Ministry of Foreign Affairs of Transdniestria invokes the United Nations Organisation jointly with other responsible states to actively participate in elaborating common agreed criteria for international recognition of the states that have in practice proved their viability.

It is only free conscientious declaration of independence made by a population that can be regarded as the most reliable and stable mechanism of internal and international legitimization of state institutions and people's will.

We are convinced that international recognition of the present-day Transdniestrian Moldavien Republic with its peaceful, creative foreign policy line, its willingness to be an active participant of international processes and its readiness to take responsibility in accordance with existing international law will essentially contribute to strengthening stability and security not only in the post-Soviet space but at international level as well.