1. KCL Model United
Nations Society
S

2. KCL Model United
Nations Society
S

3. Today’s session
S KCL MUN Fourth Simulation - UN Security Council: “A
new Kosovo Agreement"

4. “A new Kosovo
Agreement”
S

5. Structure of Presentation
S The Security Council explained
S Functions and powers
S Actions
S Composition
S The Kosovo Conflict
S Historical background
S Previous SC actions
S The provisions of international administration in Kosovo
S Conclusion and framework for debate

6. I. The Security
Council explained
S

7. The Security Council –
Functions and powers
S primary responsibility (under the Charter) : maintenance of international peace and security
in accordance with the principles and purposes of the United Nations
S 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.”

8. The Security Council - Actions
S When a complaint concerning a threat to peace is
brought before it, the Council's 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

9. The Security Council -
Actions(ctd.)
S What if a dispute leads to fighting?
S Council's 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

10. 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)

11. 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 Council's recommendation

12. The Security Council –
Composition
S 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 mandates
S 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 country's
interests are affected
S 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

13. II. The Kosovo
Conflict
S

14. The Kosovo Conflict –
Historical Overview
S Part of the Roman and Byzantine Empires before ethnic Serbs;
migrated to the territories of modern Kosovo in the 7th century
S 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).

15. 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.

16. 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 Kosovo's 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;

17. 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 Rugova's passive strategy created
the Kosovo Liberation Army and launched an insurgency.

18. 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 Milosevic's 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 Kosovo's future status.

19. 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;

20. The Kosovo Conflict –
Historical Overview (ctd.)
S Serbian attitude post-2008:
S Serbia continues to reject Kosovo's independence;
S October 2008 – Serbia seeks an advisory opinion from the
International Court of Justice (ICJ) on the legality under
international law of Kosovo's declaration of independence
S July 2010 - ICJ releases advisory opinion affirming that
Kosovo's 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 Kosovo's unique history and
circumstances.”

21. The Kosovo Conflict –
Previous SC actions
S 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;

22. 31/03/1998 – SC resolution
1160
S 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 Army
S 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. 23/09/1998 – SC resolution
1199
S 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. 24/10/1998 – SC resolution
1203
S 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

25. 14/05/1999 – SC resolution
1239
S 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).

26. The crisis deepens and the SC
is propelled into action…

27. 10/06/1999 – SC resolution
1244
S 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).

28. 24/10/1998 – SC resolution
1203
S 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;

29. The provisions for international
administration in Kosovo
S 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);

30. The provisions for international
administration in Kosovo -
KFOR
S 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.

31. The provisions for international
administration in Kosovo -
UNMIK
S 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

32. III. Conclusion and
framework for
debate
S

33. Conclusion
S 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

34. 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?!);

35. 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.

36. The current situation
S 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.

37. Framework for debate
S 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?