KCL MUN Study Guide - A New Agreement for Kosovo (15/11 and 22/11/2011)
KCL Model United Nations Society 2011/2012 UN Security Council:" A new Kosovo Agreement"
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 1Table of ContentsIntroduction ........................................................................................................ 2Introduction to the Committee ................................................................................. 3Overview on the Kosovo ......................................................................................... 5Conclusion and framework for debate ...................................................................... 11
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 2IntroductionThe UN Security Council, as the supreme body of the United Nations, hasthe task to debate and come up with decisions on the most crucial andchallenging international issues. One of these issues concerns thesituation in Kosovo. The evolution of this site and following politicaldecisions draw attention of the international community and a newagreement on Kosovo is sought. Any decision would require activeinvolvement of all members of the Security Council, diplomatic skills, andthorough knowledge of the region.The Study Guide contains brief description of the main attributes ofSecurity Council, its powers and responsibilities. It presents as well acomprehensive background on the history and evolution of Kosovo. TheGuide summarizes the resolutions of the Security Council regarding thecrisis in Kosovo and refers to the most relevant documents andagreements that determined the political and military implications in theregion. A distinct attention is drawn on the provisions of the Resolution1244 (1999) of the Security Council that in addition to other importantreferences determined the establishment of an internationaladministration in Kosovo.Finally, the Study Guide suggests a framework for debate and drawsattention on the most important documents and resolutions that haveshaped the management of the Kosovo crisis and further developments.With this in mind, the delegates participating in this simulation areencouraged to objectively reflect the position of their country andactively participate in constructive debate on this question.
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 3Introduction to the CommitteeThe Security Council “The Security Council has primary responsibility, under the Charter, forthe maintenance of international peace and security. It is so organized asto be able to function continuously, and a representative of each of itsmembers must be present at all times at United Nations Headquarters.When a complaint concerning a threat to peace is brought before it, theCouncils first action is usually to recommend to the parties to try toreach agreement by peaceful means. In some cases, the Council itselfundertakes investigation and mediation. It may appoint specialrepresentatives or request the Secretary-General to do so or to use hisgood offices. It may set forth principles for a peaceful settlement.When a dispute leads to fighting, the Councils first concern is to bring itto an end as soon as possible. On many occasions, the Council has issuedcease-fire directives which have been instrumental in preventing widerhostilities. It also sends United Nations peace-keeping forces to helpreduce tensions in troubled areas, keep opposing forces apart and createconditions of calm in which peaceful settlements may be sought. TheCouncil may decide on enforcement measures, economic sanctions (such astrade embargoes) or collective military action.A Member State against which preventive or enforcement action has beentaken by the Security Council may be suspended from the exercise of therights and privileges of membership by the General Assembly on therecommendation of the Security Council. A Member State which haspersistently violated the principles of the Charter may be expelled fromthe United Nations by the Assembly on the Councils recommendation.A State which is a Member of the United Nations but not of the SecurityCouncil may participate, without a vote, in its discussions when theCouncil considers that the countrys interests are affected. Both Membersof the United Nations and non-members, if they are parties to a disputebeing considered by the Council, are invited to take part, without a vote,in the Councils discussions; the Council sets the conditions forparticipation by a non-member State. The Presidency of the Councilrotates monthly, according to the English alphabetical listing of itsMember States.”
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 4Functions and powers of the Security Council“Under the United Nations Charter the main powers and functions of theSecurity Council are to maintain international peace and security inaccordance with the principles and purposes of the United Nations; toinvestigate any dispute or situation which might lead to internationalfriction; to recommend methods of adjusting such disputes or the termsof settlement; to formulate plans for the establishment of a system toregulate armaments; to determine the existence of a threat to the peaceor act of aggression and to recommend what action should be taken; tocall on Members to apply economic sanctions and other measures notinvolving the use of force to prevent or stop aggression; to take militaryaction against an aggressor; to recommend the admission of newMembers; to exercise the trusteeship functions of the United Nations in“strategic areas”; and to recommend to the General Assembly theappointment of the Secretary-General and, together with the Assembly, toelect the Judges of the International Court of Justice.”
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 5Overview on the KosovoHistorical Background“The central Balkans were part of the Roman and Byzantine Empiresbefore ethnic Serbs migrated to the territories of modern Kosovo in the7th century. During the medieval period, Kosovo became the center of aSerbian Empire and saw the construction of many important Serb religioussites, including many architecturally significant Serbian Orthodoxmonasteries.The defeat of Serbian forces at the Battle of Kosovo in 1389 led to fivecenturies of Ottoman rule during which large numbers of Turks andAlbanians moved to Kosovo. By the end of the 19th century, Albaniansreplaced the Serbs as the dominant ethnic group in Kosovo. Serbiareacquired control over Kosovo from the Ottoman Empire during the FirstBalkan War of 1912.After World War II, Kosovo became an autonomous province of Serbia inthe Socialist Federal Republic of Yugoslavia (S.F.R.Y.) with status almostequivalent to that of a republic under the 1974 S.F.R.Y. constitution.Despite legislative concessions, Albanian nationalism increased in the1980s, which led to riots and calls for Kosovos independence. At the sametime, Serb nationalist leaders, such as Slobodan Milosevic, exploitedKosovo Serb claims of maltreatment to secure votes from supporters,many of whom viewed Kosovo as their cultural heartland.Under Milosevics leadership, Serbia instituted a new constitution in 1989that revoked Kosovos status as an autonomous province of Serbia. KosovoAlbanian leaders responded in 1991 by organizing a referendum thatdeclared Kosovo independent. Under Milosevic, Serbia carried outrepressive measures against the Albanians in the early 1990s as theunofficial Kosovo government, led by Ibrahim Rugova, used passiveresistance in an attempt to try to gain international assistance andrecognition of an independent Kosovo. Albanians dissatisfied withRugovas passive strategy in the 1990s created the Kosovo Liberation Armyand launched an insurgency.Starting in 1998, Serbian military, police, and paramilitary forces underMilosevic conducted a brutal counterinsurgency campaign that resulted inmassacres and massive expulsions of ethnic Albanians. Approximately800,000 Albanians were forced from their homes in Kosovo during thistime.
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 6International attempts to mediate the conflict failed, and Milosevicsrejection of a proposed settlement led to a three-month NATO militaryoperation against Serbia beginning in March 1999 that forced Serbia toagree to withdraw its military and police forces from Kosovo. UN SecurityCouncil Resolution 1244 (1999) placed Kosovo under a transitionaladministration, the UN Interim Administration Mission in Kosovo (UNMIK),pending a determination of Kosovos future status.An UN-led process began in late 2005 to determine Kosovos final status.The negotiations ran in stages between 2006 and 2007, but ended withoutagreement between Belgrade and Pristina. On 17 February 2008, theKosovo Assembly declared Kosovo independent. Since then, over 70countries have recognized Kosovo, and it has joined the InternationalMonetary Fund and World Bank.Serbia continues to reject Kosovos independence and in October 2008, itsought an advisory opinion from the International Court of Justice (ICJ) onthe legality under international law of Kosovos declaration ofindependence. The ICJ released the advisory opinion in July 2010affirming that Kosovos declaration of independence did not violategeneral principles of international law, UN Security Council Resolution1244, or the Constitutive Framework. The opinion was closely tailored toKosovos unique history and circumstances.”1The Security Council Resolutions on the situation in KosovoThe Security Council of the United Nations adopted five resolutionsregarding the crisis in Kosovo. These are the resolutions: 1160 (1998),1199 (1998), 1203 (1998), 1239 (1999), and 1244 (1999). In the following abrief description of each of these resolutions is provided.The Resolution 1160 adopted by the Security Council at its 3868th meetingon 31 March 1998 confirms the sovereignty and territorial integrity of theFederal Republic of Yugoslavia (FRY). The document condemned the useof force of Serbian police against civilians in Kosovo and the acts ofterrorism of the Kosovo Liberation Army.The Resolution called the FRY to achieve a peaceful political solution tothe issue in Kosovo and implement the Contact Group statements2. It1 “Kosovo Background,” The World Factbook, accessed November 2, 2011,https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html.2 Some of the provisions of the Contact Group statements refer to negotiations between the belligerent parties andspecial statute for Kosovo; reaffirmed the arms embargo; urged peaceful political decisions and condemned theviolence of Kosovo Albanian extremists. The group supported neither independence nor the status quo of Kosovo, andencouraged Belgrade and Kosovo Albanian leadership to negotiate a new statute.
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 7stated that the resolution of the conflict should be in accordance withOSCE standards, Helsinki Final Act of the Conference on Security andCooperation in Europe, and the Charter of the United Nations. Thesolution should enhance the degree of autonomy and self-administrationof Kosovo. Also, the Resolution urged the Office of the Prosecutor of theInternational Tribunal to begin gathering information related to theviolence in Kosovo.The Report of the Secretary-General on the Resolution 1160 (1998) statedthat the violence escalated and the Serbian part launched an offensiveagainst armed groups of Kosovo Albanians. The efforts of theinternational community to cease the hostilities and restart the dialogbetween Belgrade and Pristina have not succeeded. The belligerentparties have not taken actions according to the statements of the ContactGroup. The number of refugees dramatically increased. The flood ofrefugees from Kosovo put pressure on the Macedonian border. The reportconcluded that the violence achieved its apogee and there were a highrisk of destabilization in the Balkans. The members of OSCE tended toaccept any solution that would end violence and prevent the spread ofthe conflict. “The Chairman-in-Office’s assessment is that the only hopefor a peaceful solution is an immediate cessation of the Serbian militaryoffensive and initiation of unconditional negotiations between the FederalRepublic of Yugoslavia authorities and widely represented Albanians fromKosovo.”3The Resolution 1199 adopted by the Security Council at its 3930th meetingon 23 September 1998 stated deep concern about the escalation ofviolence in Kosovo, continuation of the armed conflict and serious humanrights infringements. It reaffirmed the commitment of all Member Statesto the sovereignty and territorial integrity of the Federal Republic ofYugoslavia.The Resolution demanded cease of hostilities and armed conflict, andimmediate steps to improve the humanitarian situation. It urged theparties to start the political dialog with international involvement and torespect the provisions of the Resolution 1160 (1998). The documentaddressed the Yugoslav authorities to provide full freedom of movementfor representatives of foreign states and international institutions tomonitor the situation in Kosovo. The Kosovo Albanian leadership wasasked to condemn all terrorist action and to pursue their goals bypeaceful means only. The document called upon Member States andinternational institutions to provide adequate resources for humanitarianassistance in the region. The authorities of the Federal Republic ofYugoslavia and the leaders of the Kosovo Albanian community were called3 “Report of the Secretary-General Prepared Pursuant to Resolution 1160 (1998) of the Security Council,” SecurityCouncil, http://www.un.org/peace/kosovo/98834a1.pdf.
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 8upon cooperation with the Prosecutor of the International Tribunal forthe Former Yugoslavia.The Resolution 1203 adopted by the Security Council at its 3937th meetingon 24 October 1998 restated the need for peaceful resolution of the crisisin Kosovo. It welcomed the agreement signed in Belgrade on 15 October1998 by the Chief of General Staff of the Federal Republic of Yugoslaviaand the Supreme Allied Commander, Europe, of the North Atlantic TreatyOrganization (NATO) providing the establishment of an air verificationmission over Kosovo4 and the agreement signed on 16 October 1998 theorganization of verification mission in Kosovo. The document revealedconcerns regarding the closure of independent media outlets by theauthorities of the Federal Republic of Yugoslavia and aggravation of thehumanitarian situation in Kosovo. Besides other provisions, it stressed theobligation of the Federal Republic of Yugoslavia and the Kosovo Albanianleadership to fully comply the resolutions 1160 and 1199 and cooperatewith OSCE Verification Mission in Kosovo.The Resolution 1239 adopted by the Security Council at its 4003rd meetingon 14 May 1999 expressed grave concerns regarding the humanitariancatastrophe in Kosovo and Federal Republic of Yugoslavia, and enormousflux of refugees into Albania and Former Yugoslav Republic of Macedonia,Bosnia and Herzegovina, and other countries. The document reaffirmedthe territorial integrity of the countries from the region and emphasizedthe need to implement the principles adopted by the Foreign Ministers ofG-8 on 6 May 1999 (some of the principles were: end of violence inKosovo; withdrawal from Kosovo of military, police and paramilitaryforces; deployments in Kosovo of international civil and securitypresence; establishment of an interim administration for Kosovo decidedby the Security Council of the United Nations; free and safe return of allrefugees to Kosovo; demilitarization of Kosovo Liberation Army; apolitical process towards the establishment of an interim politicalframework agreement providing for a substantial self-government forKosovo).5The Resolution 1244 adopted by the Security Council at its 4011th meetingon 10 June 1999 stated the lack of full compliance with the Resolutions1160 (1998), 1199 (1998), 1203 (1999) and called for urgent withdrawalfrom Kosovo of all military forces, police and paramilitary forces of theFederal Republic of Yugoslavia and Serbia, and at the same time,demilitarization of the Kosovo Liberation Army, and other armed KosovoAlbanian groups.4 UN Security Council, “Kosovo Verification Mission Agreement between the North Atlantic Treaty Organization and theFederal Republic of Yugoslavia,” http://www.un.org/peace/kosovo/s98991.pdf.5 UN Security Council, “Letter from the Permanent Representative of Germany to the United Nations Addresses to thePresident of the Security Council,” http://www.un.org/peace/kosovo/s99516.pdf.
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 9The document reaffirmed the territorial integrity of the Federal Republicof Yugoslavia and other states of the region and called for substantialautonomy and meaningful self-administration for Kosovo and establishedunder Chapter VII an international civil presence – the United NationsInterim Administration Mission in Kosovo (UNMIK).It is important to mention that at the moment of approval of theResolution 1244, NATO started the bombardments of FRY (on March 241999). The military actions were argued by the deplorable humanitariansituation in Kosovo, refusal to accept Rambouillet Accords and towithdraw military forces from Kosovo.6 The agreement which officiallyceased the military actions in Kosovo was called Military TechnicalAgreement and stipulated the necessity to deploy in Kosovo internationalcivil and security presence under UN auspices.7The provisions of international administration in KosovoOne of the results of the Resolution 1244 (1999) was the deployment ofinternational security and civil presence in Kosovo under UN auspices:NATO Kosovo Force (KFOR) and United Nations Interim AdministrationMission in Kosovo (UNMIK).The main responsibilities of the international presences in areas relatedto security (KFOR) were to maintain and enforce the cease-fire; to ensurethe withdrawal and to prevent the return of Serbian forces, except ofthose allowed to return to liaise with the international presences, tomark/clear minefields and to maintain a presence at patrimonial sitesand key border crossings; to demilitarize the Kosovo Liberation Army andother armed Kosovo-Albanian groups; to establish a secure environmentfor those displaced to return in safety, for humanitarian aid to bedelivered and for the international civil presence to operate; to conductborder monitoring duties; to ensure the protection and freedom ofmovement of international organizations; and to ensure public safety andorder and supervise demining until the international civil presence takesover those responsibilities.8The civilian responsibilities of the international administration (UNMIK)were to perform basic civilian administrative functions where and as longas required; to maintain civil law and order, including the establishmentof local police forces; to protect and promote human rights and assurethe safe return of all displaced people to their homes; to supporthumanitarian and disaster relief aid and the reconstruction of key and6 Débora García-Orrico, Security Council resolutions under Chapter VII (FRIDE 2009), 121, accessed November 2, 2011,http://www.fride.org/publication/655/security-council-resolutions-under-chapter-vii.7 NATO’s Role in Kosovo, “Military Technical Agreement,” http://www.nato.int/kosovo/docu/a990609a.htm.8 García-Orrico, Security Council resolutions under Chapter VII, 126.
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 10other economic infrastructure; to establish and oversee the development,consolidation and ulterior transfer of provisional self- governinginstitutions; to facilitate the political process towards status, in fullaccount of the principles contained in Annex 2 of resolution 1244 (1999)and the Rambouillet Accords; and at a final stage, to oversee the transferof authority from Kosovo’s provisional institutions to institutionsestablished under a political settlement.9On March 31 2009, the UNMIK transferred Pillar I (Police and Justice) toEuropean Union Rule of Law Mission in Kosovo (EULEX).9 García-Orrico, Security Council resolutions under Chapter VII, 126.
KCL Model United Nations Society 2011/2012 "The Israeli-Palestinian conflict and the Humanitarian Crisis in Gaza” 11Conclusion and framework for debateThe situation in Kosovo represents a complex historical and politicaldevelopment that challenged the ability of the international communityto maintain peace and security in the region. The resolutions 1160 (1998),1199 (1998), 1203 (1998), 1239 (1999) and 1244 (1999) representedattempts of UN Member States and more specifically, of the SecurityCouncil, to find a peaceful solution for the crisis in Kosovo. Theyencouraged both parties (FRY and Kosovo Albanian leadership) toestablish political dialog and to end military confrontations. The refusalof FRY president to accept the agreements proposed by the internationalcommunity and the risk of regional instability and insecurity, determineda military intervention under NATO auspices.Consequently, the Resolution 1244 (1999) stated a new politicalframework for Kosovo and demanded full withdrawal of the Serbian forcesfrom the site. The document referred to the Chapter VII of the UNCharter which refers to threats to international security, morespecifically “Action with Respect to Threats to the Peace, Breaches of thePeace, and Acts of Aggression”.10 The Security Council decided theestablishment of an international administration in Kosovo which willfacilitate the transfer of authority to the future Kosovo institutions(respecting at the same time the territorial integrity and sovereignty ofFederal Republic of Yugoslavia). The document “created a reality thatwas subject to open-ended interpretation with a state-making element toit. It contains two principles that encapsulate the opposing positions atstake. On the one hand, an open-ended temporal framework thatdeprives the Federal Republic of Yugoslavia of all authority over Kosovoand leaves it under an international presence for an indefinite period oftime and, on the other hand, the obligation to uphold the principles ofsovereignty and protection of the territorial integrity of FRY.”11 Moreover,the UNMIK mission in Kosovo gradually transferred its authority tointernational and local institutions. Kosovo declared its unilateralindependence and 75 UN Members States recognized it.12The task of the Security Council is to put into debate the situation inKosovo and try to reach an agreement regarding the situation and futurestatute of this site.10 United Nations Charter, “Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Actsof Aggression,” http://www.un.org/en/documents/charter/chapter7.shtml.11 García-Orrico, Security Council resolutions under Chapter VII, 127.12 Kosovo Thanks You, “Who Recognized Kosova as an Independent State?” accessed on November 2, 2011.http://www.kosovothanksyou.com/.