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Structure of PresentationS The Security Council explained S Functions and powers S Actions S CompositionS The Kosovo Conflict S Historical background S Previous SC actions S The provisions of international administration in KosovoS Conclusion and framework for debate
The Security Council – Functions and powersS primary responsibility (under the Charter) : maintenance of international peace and security in accordance with the principles and purposes of the United NationsS Practically: S to investigate any dispute or situation which might lead to international friction; S to recommend methods of adjusting such disputes or the terms of settlement; S to formulate plans for the establishment of a system to regulate armaments; S to determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken; S to call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression; S to take military action against an aggressor; S to recommend the admission of new Members; S to exercise the trusteeship functions of the United Nations in “strategic areas”; S to recommend to the General Assembly the appointment of the Secretary-General and, together with the Assembly, to elect the Judges of the International Court of Justice.”
The Security Council - ActionsS When a complaint concerning a threat to peace is brought before it, the Councils first action is usually to recommend to the parties to try to reach agreement by peaceful means (as it aims to be a neutral organization)S Other non-interventionist actions: SC investigation (Observers), SC mediation (mediators), special representatives (to either SC or Sec-Gen) who may set forth principles for a peaceful settlement
The Security Council - Actions(ctd.)S What if a dispute leads to fighting? S Councils first concern is to bring it to an end as soon as possible (ceasefire directives) S Council’s further concern can be to stabilize the situation UN peacekeepers S Enforcement measures S Economic sanctions (e.g. full or partial trade embargoes) S Collective military action
The Security Council - Actions(ctd.)S UN peacekeepers: S help reduce tensions in troubled areas S keep opposing forces apart S create conditions of calm S Peacekeepers may under no condition intervene (i.e. side with either faction)
The Security Council - Actions(ctd.)S What actions can be taken against member states that breach the Charter? S A Member State against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly on the recommendation of the Security Council S A Member State which has persistently violated the principles of the Charter may be expelled from the United Nations by the Assembly on the Councils recommendation
The Security Council – CompositionS Who is on the Security Council? S 5 permanent member states with veto-rights (USA, UK, China, France, Russia*) S 10 non-permanent members without veto-rights, elected by the GA on 2 year mandatesS A State which is a Member of the United Nations but not of the Security Council may participate, without a vote, in its discussions when the Council considers that the countrys interests are affectedS The Presidency of the Council rotates monthly, according to the English alphabetical listing of its Member States*As the recognized successor state to the USSR
The Kosovo Conflict – Historical OverviewS Part of the Roman and Byzantine Empires before ethnic Serbs; migrated to the territories of modern Kosovo in the 7th centuryS In medieval times Kosovo became the center of a Serbian Empire (construction of many important Serbian Orthodox religious sites);S Battle of Kosovo in 1389 (defeat of Serbian forces) five centuries of Ottoman rule (large numbers of Turks and Albanians moved to Kosovo).
The Kosovo Conflict – Historical Overview (ctd.)S End of the 19th century, Albanians replaced the Serbs as the dominant ethnic group in Kosovo;S First Balkan War (1912) Serbia reacquired control over Kosovo from the Ottoman Empire, Kosovo integrated in Kingdom of Serbs, Croats and Slovenes;S After World War II Socialist Federal Republic of Yugoslavia under Tito (Slovenia, Croatia, Bosnia-Herzegovina, Serbia, Montenegro and Macedonia) status of Kosovo question for debate: S Kosovo became an autonomous province of Serbia; S Granted status almost equivalent to that of a republic under the 1974 S.F.R.Y. constitution.
The Kosovo Conflict – Historical Overview (ctd.)S 1980s (post-Tito): crumbling of Yugoslavia, power vacuum: S Albanian nationalism increased in the 1980s riots and calls for Kosovos independence; S Serb nationalist leaders (e.g. Slobodan Milosevic) exploit Kosovo Serb claims of maltreatment to secure votes from supporters, many of whom viewed Kosovo as their cultural heartland;
The Kosovo Conflict – Historical Overview (ctd.)S 1990s – the ticking time bomb explodes: S 1989 (Milosevic as President of Serbia) – new constitution that revoked Kosovo’s status as an autonomous province of Serbia; S 1991 - Kosovo Albanian leaders respond by organizing a referendum that declares Kosovo independent; S Under Milosevic, Serbia carried out repressive measures against the Albanians in the early 1990s S Simultaneously, the unofficial Kosovo government led by Ibrahim Rugova uses passive resistance in an attempt to try to gain international assistance and recognition of an independent Kosovo; S Albanians dissatisfied with Rugovas passive strategy created the Kosovo Liberation Army and launched an insurgency.
The Kosovo Conflict – Historical Overview (ctd.)S 1998 – the Kosovar war breaks out: S Serbian military, police, and paramilitary forces under Milosevic conduct a brutal counterinsurgency campaign that resulted in massacres and massive expulsions of ethnic Albanians (approx. 800,000 Albanians were forced from their homes) S International attempts to mediate the conflict fail due to Russo- American antagonisms; S Milosevics rejection of a proposed settlement leads to a three-month NATO military operation against Serbia beginning in March 1999 S NATO operation forces Serbia to agree to withdraw its military and police forces from Kosovo; S UN Security Council Resolution 1244 (1999) placed Kosovo under a transitional administration, the UN Interim Administration Mission in Kosovo (UNMIK), pending a determination of Kosovos future status.
The Kosovo Conflict – Historical Overview (ctd.)S 2000s – UN Attempts to resolve Kosovo conundrum: S 2005 – UN-led process begins to determine Kosovo’s final status; S 2006 – 2007 – Negotiations run in stages, but end without an agreement; S 17/02/2008 – Kosovo Assembly declares Kosovo independent;S Post declaration of independence: S Over 70 countries have recognized Kosovo; S Kosovo joins International Monetary Fund and World Bank;
The Kosovo Conflict – Historical Overview (ctd.)S Serbian attitude post-2008: S Serbia continues to reject Kosovos independence; S October 2008 – Serbia seeks an advisory opinion from the International Court of Justice (ICJ) on the legality under international law of Kosovos declaration of independence S July 2010 - ICJ releases advisory opinion affirming that Kosovos declaration of independence did not violate general principles of international law, UN Security Council Resolution 1244, or the Constitutive Framework. “The opinion was closely tailored to Kosovos unique history and circumstances.”
The Kosovo Conflict – Previous SC actionsS SC 1160 (1998) – a call for peaceful resolve;S SC 1199 (1998) – a reiterated call for peaceful resolve, for demilitarization and a recognition of the dire humanitarian situation;S SC 1203 (1998) – an expression of hope over various accords and a call to comply with the OSCE mission;S SC 1239 (1999) – call for resolve of humanitarian crisis; demands for interim gov’t an demilitarization;S SC 1244 (1999) – a first explicit call for substantial autonomy and meaningful and the establishment of UNMIK;
31/03/1998 – SC resolution 1160S Confirms the sovereignty and territorial integrity of the Federal Republic of Yugoslavia* (FRY);S Condemns the use of force by Serbian police against civilians in Kosovo and the terrorism of the Kosovo Liberation ArmyS Calls the FRY to achieve a peaceful political solution to the issue in Kosovo and implement the Contact Group statements: S Negotiations between the belligerent parties and special statute for Kosovo; S Reaffirmation of the arms embargo S The group supported neither independence nor the status quo of Kosovo, and encouraged Belgrade and Kosovo Albanian leadership to negotiate a new statute.S The solution should enhance the degree of autonomy and self- administration of Kosovo.S Urges the Office of the Prosecutor of the International Tribunal to begin gathering information related to the violence in Kosovo.
23/09/1998 – SC resolution 1199S States deep concern about the escalation of violence in Kosovo, continuation of the armed conflict and serious human rights infringements;S Reaffirms the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia;S Demands cease of hostilities and armed conflict, and immediate steps to improve the humanitarian situation;S Addresses the Yugoslav authorities to provide full freedom of movement for representatives of foreign states and international institutions to monitor the situation in Kosovo;S The Kosovo Albanian leadership was asked to condemn all terrorist action and to pursue their goals by peaceful means only;S The document called upon Member States and international institutions to provide adequate resources for humanitarian assistance in the region;S The authorities of the Federal Republic of Yugoslavia and the leaders of the Kosovo Albanian community were called upon cooperation with the Prosecutor of the International Tribunal for the Former Yugoslavia.
24/10/1998 – SC resolution 1203S Restated the need for peaceful resolution of the crisis in Kosovo;S welcomed the agreement signed in Belgrade on 15 October 1998 by the Federal Republic of Yugoslavia and NATO providing the establishment of an air verification mission over Kosovo;S Welcomed the agreement signed on 16 October 1998 about the organization of a verification mission in Kosovo;S The document revealed concerns regarding the closure of independent media outlets and aggravation of the humanitarian situation in Kosovo;S stressed the obligation of the Federal Republic of Yugoslavia and the Kosovo Albanian leadership to fully comply the resolutions 1160 and 1199 and cooperate with OSCE
14/05/1999 – SC resolution 1239S Expresses grave concerns regarding the humanitarian catastrophe in Kosovo and Federal Republic of Yugoslavia, and enormous flux of refugees into Albania and Former Yugoslav Republic of Macedonia, Bosnia and Herzegovina, and other countries;S Reaffirms the territorial integrity of the countries from the region;S Emphasizes the need to implement the principles adopted by the Foreign Ministers of G-8 on 6 May 1999 S end of violence in Kosovo; S withdrawal from Kosovo of military, police and paramilitary forces; S deployments in Kosovo of international civil and security presence; S establishment of an interim administration for Kosovo decided by the Security Council of the United Nations; S free and safe return of all refugees to Kosovo; S demilitarization of Kosovo Liberation Army; S a political process towards the establishment of an interim political framework agreement providing for a substantial self-government for Kosovo).
The crisis deepens and the SC is propelled into action…
10/06/1999 – SC resolution 1244S Called for urgent withdrawal from Kosovo of all military forces, police and paramilitary forces of the Federal Republic of Yugoslavia;S Called for the demilitarization of armed Kosovo Albanian groups (incl. the Kosovo Liberation Army);S Reaffirmed the territorial integrity of the Federal Republic of Yugoslavia ;S Called for substantial autonomy and meaningful self- administration for Kosovo and established under Chapter VII an international civil presence – the United Nations Interim Administration Mission in Kosovo (UNMIK).
24/10/1998 – SC resolution 1203S At the moment of approval of the Resolution 1244, NATO had started the bombardments of FRY (on March 24 1999): S The military actions were argued by the deplorable humanitarian situation in Kosovo, refusal to accept Rambouillet Accords and to withdraw military forces from Kosovo; S The agreement which officially ceased the military actions in Kosovo was called Military Technical Agreement and stipulated the necessity to deploy in Kosovo international civil and security presence under UN auspices;
The provisions for international administration in KosovoS One of the results of the Resolution 1244 (1999) was the deployment of international security and civil presence in Kosovo under UN auspices: NATO Kosovo Force (KFOR) and United Nations Interim Administration Mission in Kosovo (UNMIK);
The provisions for international administration in Kosovo - KFORS Main responsibilities of the international presences in areas related to security (KFOR) were: S to maintain and enforce the cease-fire; S to ensure the withdrawal and to prevent the return of Serbian forces; S to demilitarize armed Kosovo-Albanian groups; S to establish a secure environment for those displaced to return in safety, for humanitarian aid to be delivered and for the international civil presence to operate; S to conduct border monitoring duties; S to ensure the protection and freedom of movement of international organizations; S to ensure public safety and order and supervise demining until the international civil presence takes over those responsibilities.
The provisions for international administration in Kosovo - UNMIKS The civilian responsibilities of the international administration (UNMIK) were :S to perform basic civilian administrative functions where and as long as required;S to maintain civil law and order, including the establishment of local police forces;S to protect and promote human rights and assure the safe return of all displaced people to their homes;S to support humanitarian and disaster relief aid and the reconstruction of key and other economic infrastructure;S to establish and oversee the development, consolidation and ulterior transfer of provisional self- governing institutions;S to facilitate the political process towards status, in full account of the principles contained in Annex 2 of resolution 1244 (1999) and the Rambouillet Accords;S to oversee the transfer of authority from Kosovo’s provisional institutions to
ConclusionS The situation in Kosovo represents a complex historical and political development that challenged the ability of the international community to maintain peace and security in the region.S The resolutions 1160 (1998), 1199 (1998), 1203 (1998), 1239 (1999) and 1244 (1999) represented attempts the Security Council, to find a peaceful solution for the crisis in Kosovo.S The refusal of FRY president to accept the agreements proposed by the international community and the risk of regional instability and insecurity, determined a military
Conclusion (ctd.)S Resolution 1244 (1999) stated a new political framework for Kosovo and demanded full withdrawal of the Serbian forces from the site. The document referred to the Chapter VII of the UN Charter which refers to threats to international security, more specifically “Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression”;S The Security Council decided the establishment of an international administration in Kosovo which will facilitate the transfer of authority to the future Kosovo institutions (respecting at the same time the territorial integrity and sovereignty of Federal Republic of Yugoslavia?!);
Conclusion (ctd.)S Resolution 1244 contains two principles that encapsulate the opposing positions at stake: S an open-ended temporal framework that deprives the Federal Republic of Yugoslavia of all authority over Kosovo and leaves it under an international presence for an indefinite period of time; S the obligation to uphold the principles of sovereignty and protection of the territorial integrity of FRY;S The UNMIK mission in Kosovo gradually transferred its authority to international and local institutions. Kosovo declared its unilateral independence and 70+ UN Members States recognized it.
The current situationS De facto independence, though not legally recognized by UN members;S The presence of the UNMIK and KFOR mission;S An international precedent set for no-decision in these cases;S A corrupt administration under control of (former) KLA, involved with prostitution, smuggling, organ selling and other illegal activities.
Framework for debateS Should Kosovo be recognized as independent? (i.e. should the SC call upon members to recognize independence?);S Should the missions be extended? Should their mandate be reconsidered? ;S Should the current KLA successor government be recognized as legitimate? ;S Should the referendum of 17/02/1998 be considered legitimate? ;S How should the ICJ ruling of July 2010 be interpreted by the SC?