Abstract
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.
Highlights
It is widely acknowledged that human rights, democracy, and the rule of law are in every person’s and every state’s self interest and, in addition, are indispensable and fundamental pillars for building our common house and decent environment
The divided UN Security Council was a stumbling block to authorise use of force to prevent massive crimes in Kosovo. This was the main reason why three permanent members of the Security Council unable to get the backing of the two other Security Council members (Russia and China) decided to bypass the Council and go alone in order to save the world from similar awful scenes that the world saw during the Bosnian genocide,6 occurring in Kosovo’s neighbourhood
This research paper addresses the interaction among three dimensions in the context of the new world order – Security Council actions, International Law, and International relations vis-à-vis NATO intervention in Kosovo
Summary
It is widely acknowledged that human rights, democracy, and the rule of law are in every person’s and every state’s self interest and, in addition, are indispensable and fundamental pillars for building our common house and decent environment. This study explains the factors that led NATO to undertake military action against former Yugoslavia (Serbia and Montenegro) and the issues surrounding the legality of this war in context of intervention. This military operation is examined through the conduct of United Nations Security Council prior, during and after the military operation. International order, peace and security on the other hand is managed by International Law that can be defined as a set of rules and principles of universal application that concern the behaviour of States as well as international organizations in their relations with each other, and with private individuals and transnational corporations. Kosovo and the ethnic cleansing of the Kosovar Albanians from their country that followed triggered a vital legal debate centred on the legality of the humanitarian intervention
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