Kosovo: A Powerful Precedent for the Doctrine of Humanitarian Intervention

Fernando R. Tesón

doi:10.37974/alf.59

Fernando R. Tesón

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https://doi.org/10.37974/alf.59

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Journal: Amsterdam Law Forum	Publication Date: Jan 24, 2009
Citations: 12	License type: cc-by

Affiliation: Florida State University

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NATO's action in Kosovo constitutes the most important modern precedent for the legitimacy of unauthorized humanitarian intervention in appropriate cases. The article briefly examines the fact and shows that NATO countries evinced humanitarian intent. It then discusses the arguments against the legitimacy of the intervention and finds them wanting. In particular, critics of the intervention fail to explain why the incident is discarded as state practice. The article claims that world reaction to Kosovo, as well as appropriate interpretation of applicable law, confirm the validity of the precedent.

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The most important precedent supporting the legitimacy of unilateral humanitarian intervention was established by the events that transpired in Kosovo between March and June of 1999.1 NATO‟s intervention in Kosovo has confirmed the doctrine of humanitarian intervention as legal custom
NATO‟s intervention can be naturally interpreted as assistance to a justified revolution
The Serb forces perpetrated ethnic cleansing later in the war (March-June of 1999).[3]. Because this campaign mostly occurred after the beginning of NATO‟s intervention, observers debated whether NATO had provoked the ethnic cleansing

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The most important precedent supporting the legitimacy of unilateral humanitarian intervention was established by the events that transpired in Kosovo between March and June of 1999.1 NATO‟s intervention in Kosovo has confirmed the doctrine of humanitarian intervention as legal custom. The government of Yugoslavia exercised tyrannical rule over the Kosovars over many years, to such an extent, and reaching such gravity, that it can plausibly be argued that the people of Kosovo acquired a right to resistance to tyranny.[2] As a result, NATO‟s intervention can be naturally interpreted as assistance to a justified revolution.

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