Study of Case: Kosovo

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INSTITUTO SUPERIOR DE CIÊNCIAS SOCIAIS E POLÍTICAS
GABRIELA SUEITT ABUD
TINA KOBILSEK

HUMANITARIAN INTERVENTION: The Case of Kosovo

LISBON
2012
TABLE OF CONTENTS

ABSTRACT2
1- INTRODUCTION3
2- ABOUT HUMANITARIAN INTERVENTION..4
2.1 Definition4
2.2 History6
3- KOSOVO: A CASE STUDY 7
3.1 Overview7
3.2 History8
3.3 Humanitarian Intervention in Kosovo12
3.3.1 United Nations Interim Administration Mission in Kosovo (UNMIK) 12
3.3.2 European Union Rule of Law Mission in Kosovo (EULEX) 14
3.3.3 Kosovo Force (KFOR) 16
3.3.4 OSCE Mission in Kosovo (OMIK) 18
3.3.5 Other institutions in Kosovo20
3.4 A Critical Analysis on the Humanitarian Intervention in Kosovo21
3.5 Current Situation22
4- CONCLUSION 24
5- REFERENCES 25
6- APPENDICES27

ABSTRACT
The goal of our project is to have a closer look into the definition of humanitarian intervention itself and to the term relating to the case study that we chose. The main topic is humanitarian intervention in Kosovo in 1999. We are also examining the history of humanitarian intervention. Regarding the case study, we are doing the overview of it, history of Kosovo and analyzing the events that occurred before and also after intervention. We are taking into consideration all the agencies and organizations that have been interfered into the situation. We are doing a critical analysis on the humanitarian intervention in Kosovo, concerning if it was, or not, a justified action. The last part is describing the current situation. The empirical part of our project consists of a comparative approach towards primary and secondary literature analysis combined with database research. For the analysis mostly secondary literature was used, however when analyzing the exact resolutions, primary source of data were studied. By the end of our research we came into conclusion that intervention in Kosovo was inevitably. United Nations, as an organization has put tremendous effort, but the question about legitimacy of NATO's military action presents a clear answer: NATOs military operation during the Kosovo war was illegal under international law. They were neither mandated by the UN Security Council, nor justifiable for reasons of gross violation of humanitarian law. But by the end, mostly all of the international community accepted it as a legitimate thing. However, the situation is still very complicated and not solved. Kosovo is struggling with other problems, but some progress has been made.

1- INTRODUCTION
The legal status of humanitarian intervention poses a profound challenge to the future of global order. The central question is easy to formulate but notoriously difficult to answer: Should international law permit states to intervene militarily to stop a genocide or comparable atrocity without Security Council authorization? The question has acquired even greater significance in the wake of military interventions in Kosovo and Iraq, and nonintervention in the Sudan. Concerned deliberation on these issues, however, has reached in impasse. A key obstacle to legalizing unilateral humanitarian intervention is the overriding concern that states would use the pretext of humanitarian intervention to wage wars for ulterior motives. However, when NATO used military force against the Yugoslav state, it did not have authorization from the Security Council, but it was not condemned either. This is because veto-wielding countries held strong positions on both sides of the dispute. The concern that states would exploit a humanitarian exception to justify military aggression has long dominated academic and governmental debates. This concerns pits the virtues of humanitarian rescue against the horror of having expanded opportunities for aggressive war. Dating back to Grotius, proponents of legalizing humanitarian intervention have...
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