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2004
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68 pages
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This dissertation will examine the military intervention conducted by NATO in Kosovo in 1999. By examining the pre-existing situation, the justifications given, the methods used, and the results of the intervention, it will be determined whether the characterization of this event as a “humanitarian intervention” is accurate. In the first chapter, the literature on Kosovo, human rights, and humanitarian intervention is examined to assess the current state of the debate on the Kosovo intervention. Following this introduction is a chapter on the idea of human rights. This begins with a brief history of human rights, then assesses the standing of human rights in international law and international relations and the ways in which they apply to the Kosovo intervention. The concept of humanitarian intervention is examined in the next chapter, including a short survey of its history in the post-World War II period, an examination of different definitions of the term, and a determination of what criteria were (or should be) applied in order to evaluate whether or not an intervention qualifies as “humanitarian”. The fourth chapter is a case study of the intervention in Kosovo in the spring and summer of 1999, applying the ideas of human rights and humanitarian intervention to the course of events before, during, and after the NATO bombing campaign. This chapter includes a brief historical background to the conflict, then moves on to an analysis of the motives, behaviour, and interests of the intervening parties, and an assessment of the outcome of the intervention. The final section of this chapter is the conclusion, which summarizes the findings of this thesis and evaluates their significance in both academic and practical terms.
The horrors of World War Two made it universally clear that the world cannot progress without general respect for human rights. Still, the need for humanitarian intervention arose several times before 1999, but international political and military organisations including the UN, were either late or hesitant to prevent genocides or other related human catastrophes worldwide. The NATO intervention in Kosovo, however, marked the beginning of the new era in international relations. The facet of this intervention in view of legality is the topic of this paper. The aim of this study, above all, is to analyze the Security Council actions, debates and resolutions concerning situation in Kosovo, and the level of impact that the military operation had in international law (in particular) and international relations (in general). The study uses many authentic documents issued by the United Nations Security Council itself and other material related to the theme in order to develop an argument on the points raised. Throughout, this research paper has attempted to answer numerous issues related to the topic and offer a balanced view on the all the themes examined. Several but distinct points raised focus on relevant core subjects, discuss the challenges and opportunities of the humanitarian intervention and offer recommendations regarding the future of such operation for the well being of the humanity.
2012
This essay is going to explore the legal aspect of the Humanitarian war accruing in Kosovo, where the North Atlantic Treaty Organisation started to bombard Formar Republic of Yugoslavia (FRY) in 1999. The "Humanitarian Intervention" in Kosovo is going to be explored more in details in regards to its legal process and is going to explain the intervention in its legal process and its importance.
Human Rights Law Review, 2007
The asserted doctrine of unilateral humanitarian intervention has given rise to considerable debate in international law. This article revisits the use of force in Kosovo to critically appraise this debate. The arguments for and against the doctrine are schematically compared and contrasted. Their differences are methodological, but underlying factors are relevant. These may include a conflict of values (notably, sovereignty versus human rights), but certainly involve deep disciplinary problems evidenced by confusing international legal terminology and, especially, the contradictions inherent in identifying and changing rules of general/customary international law. Three factors are considered as potentially helpful in bridging these fault lines: state practice (unavoidably), the stability of the international system and accountability. The latter two, at least, sit uncomfortably with unilateralism.
Amsterdam Law Forum, 2009
is highly undesirable to have a new rule allowing humanitarian intervention, for that could provide a pretext for abusive intervention … [and] would open a wide gap in the barrier against unilateral use of force." 1
Wm. & Mary L. Rev., 1999
Manchester University Press eBooks, 2018
NATO, Kosovo and 'humanitarian intervention' NATO's employment of military power against the government of Slobodan Milosevic over Kosovo has been among the most controversial aspects of the Alliance's involvement in South East Europe since the end of the Cold War. The air operations between March and June 1999 have been variously described as war, 'humanitarian war', 'virtual war', intervention and 'humanitarian intervention' by the conflict's many commentators and critics. Key features of the debates over NATO's employment of military power have been concerned with its legality and legitimacy (i.e. the role of the UN and international law), its ethical basis and its impact on the doctrine of non-intervention in the domestic affairs of states. The conceptual debates that have raged over these issues are important not only within the context of European security but more generally for their impact on the international system as a whole. This chapter examines these issues by focusing on three broad questions. Why did NATO undertake military action over Kosovo? What kind of armed conflict did it engage in? Can such a resort to force be justified? 'Dirty Harry' or 'a knight in shining armour'? NATO's decision to use military force over Kosovo
The rising importance of global human rights is challenging long-established international relations and diplomatic principles, in particular the idea of non-intervention and non-interference in the domestic affairs of sovereign states. United Nations (UN) Secretary General Kofi Annan has often referred to the resulting incoherence between emerging human rights norms that seem to permit external intervention when gross human rights violations are perpetrated, and the cardinal principle of the inviolability of sovereign states embodied in the UN Charter. Hence, efforts to defend human rights worldwide may give rise to curious problems and contradictions. For example, to cite a recent and controversial case, the 1999 NATO war against the Federal Republic of
Abstract: The purpose of this research paper is to identify what were the causes of the human rights violation in Kosovo starting in 1989 and ending with the NATO intervention in 1999 attacking the Serbian military zones. The first phase of the project gives the background to where it all started, what were the critical events and who were the key players who pushed for “Ethnic Cleansing”. The second part will show how the unexpected regime change in Yugoslavia resulted in many unpleasant events that people in the Republic including Kosovo Albanians to rebel to protect their rights. Third, the Presidents Milosevic breaks the balance of power between all the nations of Yugoslavia, giving Serbians priorities. Lastly, the human rights violation in Kosovo. In this research paper, there are primary and secondary sources used.
2008
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