Minding the Gap: Outlining KFOR Accountability in Post-Conflict Kosovo

Abstract

Notwithstanding the unique conditions of its deployment, KFOR does not act in a legal vacuum. As an entity deployed under UN auspices and by virtue of its exercise of public authority in Kosovo, it is bound by provisions of international human rights and humanitarian law to the extent of its control over individuals there. There are at least three different modalities through which international human rights law may apply to the conduct of KFOR soldiers in Kosovo: the mandate of Resolution 1244; the human rights obligations of the Federal Republic of Yugoslavia; and the human rights obligations of the governments of the national contingents of KFOR. All of the national governments of the various KFOR contingents are bound by the Geneva Conventions, which form the core of modern humanitarian law. As Kosovo may be considered occupied territory, the humanitarian law of occupation is applicable. Further, the failure of KFOR troops to meet international standards for the treatment of individuals may give rise to individual state accountability. Finally, should KFOR or its participating states choose to declare a derogation, they would remain bound by the minimum standards provided by humanitarian law.