United Nations Security Council Resolution 1244
Encyclopedia
United Nations
Security Council Resolution
1244, adopted on June 10, 1999, after recalling resolutions 1160
(1998), 1199
(1998), 1203
(1998) and 1239
(1999), authorised an international civil and military presence in Kosovo (part of Serbia
, then called the Federal Republic of Yugoslavia)) and established the United Nations Interim Administration Mission in Kosovo
(UNMIK).
Resolution 1244 was adopted by 14 votes to none against. China
abstained
despite being critical of the NATO offensive, particularly the bombing of its embassy. It argued that the conflict should be settled by the government and its people and was opposed to external intervention. However, given Serbian (then called the Federal Republic of Yugoslavia) acceptance of the peace proposal, it would not veto
the resolution. Both sides in the conflict
(NATO vs. Federal Republic of Yugoslavia) subsequently adopted it in the Kumanovo Treaty
.
s could safely return. It condemned violence against the civilian population as well as acts of terrorism
, and recalled the jurisdiction
and mandate
of the International Criminal Tribunal for the former Yugoslavia
(ICTY). On May 6, 1999, there were agreements in principle on a political solution.
Although non-binding, it recalled the sovereignty
, territorial integrity
of the Federal Republic of Yugoslavia and other states in the region, and reaffirmed its call for meaningful autonomy
and self-administration for Kosovo.
, which made it legally enforceable.
The Security Council decided that a solution to the Kosovo crisis was to be based upon the agreed principles contained in the annexes of the resolution. It welcomed Serbian (then called "Federal Republic of Yugoslavia") acceptance of the principles and demanded co-operation in their implementation. At the same time, the Council demanded that the Serbia put an end to repression
in Kosovo and begin a phased withdrawal; after withdrawal a small number of Yugoslav and Serbia
n military and police personnel could return to Kosovo to carry out functions contained in the annex of the resolution.
The resolution then authorised an international civil and security presence in Kosovo. The Secretary-General was requested to appoint a Special Representative
to co-ordinate the implementation of the international presence. The Council authorised countries and international organisations to establish a security presence in Kosovo, affirming the need for the immediate deployment of the international civil and security presences. The responsibilities of the international security presence included deterring new hostilities, monitoring the withdrawal of the Federal Republic of Yugoslavia, demilitarising
the Kosovo Liberation Army
and other Kosovo Albanian groups and ensuring a safe environment in which refugees could return.
The Secretary-General was authorised to establish an international civilian presence in Kosovo to provide an interim administration whereby the people of Kosovo could enjoy autonomy within the Federal Republic of Yugoslavia and oversee the development of democratic
self-governing institutions
. The main responsibilities of the international civil presence included the promotion of autonomy for Kosovo, performing civilian administrative functions, overseeing the development of the institutions including the holding of elections, maintaining law and order, protecting human rights
and ensuring the safe return of refugees.
The Council emphasised the need for humanitarian relief
operations and encouraged all states and organisations to contribute towards economic and social reconstruction. All parties, including the international presence, had to co-operate with the ICTY. It demanded that armed Kosovan groups end their offensives.
Finally, it was decided that the international civil and security presences were to be established for an initial period of 12 months, while the Secretary-General was requested to keep the Council informed on developments.
Serbia has recognized the region as an Autonomous Province within the modifications to the Serbian constitution in 2006, fundamentally in line with the security council resolution. However, actions by NATO allied permanent Security Council Members in the recognition of full independence of Kosovo is a step back from the Resolution, setting a precedent for breaking of not just 1244 but all documents it refers to (including the Helsinki Accord).
(acting in personal capacity and not binding the Assembly itself), issued a declaration of independence
establishing the Republic of Kosovo
. On July 22, 2010 the International Court of Justice ruled that the declaration did not violate international law, because it was not issued by the Assembly of Kosovo
, Provisional Institutions of Self-Government
, or any other official body and thus the authors, who named themselves "representatives of the people of Kosovo" were not bound by the Constitutional Framework (promulgated by UNMIK
) or by UNSCR1244 that is addressed only to United Nations Member States
and organs of the United Nations.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1244, adopted on June 10, 1999, after recalling resolutions 1160
United Nations Security Council Resolution 1160
United Nations Security Council Resolution 1160, adopted on March 31, 1998, after noting the situation in Kosovo, the Council, acting under Chapter VII of the United Nations Charter, imposed an arms embargo on the Federal Republic of Yugoslavia .Some countries had suggested a comprehensive arms...
(1998), 1199
United Nations Security Council Resolution 1199
United Nations Security Council Resolution 1199, adopted on September 23, 1998, after recalling Resolution 1160 , the Council demanded that the Albanian and Yugoslav parties in Kosovo end hostilities and observe a ceasefire....
(1998), 1203
United Nations Security Council Resolution 1203
United Nations Security Council Resolution 1203, adopted on October 24, 1998, after recalling resolutions 1160 and 1199 on Kosovo, the Council demanded that the Federal Republic of Yugoslavia comply with previous Security Council resolutions and co-operate with the NATO and Organization for...
(1998) and 1239
United Nations Security Council Resolution 1239
United Nations Security Council Resolution 1239, adopted on May 14, 1999, after recalling resolutions 1160 , 1199 and 1203 , the Council called for access for the United Nations and other humanitarian personnel operating in Kosovo to other parts of the Federal Republic of Yugoslavia .The Security...
(1999), authorised an international civil and military presence in Kosovo (part of Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
, then called the Federal Republic of Yugoslavia)) and established the United Nations Interim Administration Mission in Kosovo
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...
(UNMIK).
Resolution 1244 was adopted by 14 votes to none against. China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
abstained
Abstention
Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by...
despite being critical of the NATO offensive, particularly the bombing of its embassy. It argued that the conflict should be settled by the government and its people and was opposed to external intervention. However, given Serbian (then called the Federal Republic of Yugoslavia) acceptance of the peace proposal, it would not veto
United Nations Security Council veto power
The United Nations Security Council "power of veto" refers to the veto power wielded solely by the five permanent members of the United Nations Security Council , enabling them to prevent the adoption of any "substantive" draft Council resolution, regardless of the level of international support...
the resolution. Both sides in the conflict
1999 NATO bombing of Yugoslavia
The NATO bombing of Yugoslavia was NATO's military operation against the Federal Republic of Yugoslavia during the Kosovo War. The strikes lasted from March 24, 1999 to June 10, 1999...
(NATO vs. Federal Republic of Yugoslavia) subsequently adopted it in the Kumanovo Treaty
Kumanovo Treaty
The Military Technical Agreement between the International Security Force and the Governments of the Federal Republic of Yugoslavia and the Republic of Serbia, often known as simply the Military Technical Agreement or MTA or as the Kumanovo Agreement, was an agreement concluded on 9 June 1999. It...
.
Observations
In the preamble of Resolution 1244, the Security Council regretted that requests in some previous resolutions had not been executed. It was determined to resolve the serious humanitarian situation and wanted to ensure that all refugeeRefugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
s could safely return. It condemned violence against the civilian population as well as acts of terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, and recalled the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
and mandate
Mandate (international law)
In international law, a mandate is a binding obligation issued from an inter-governmental organization like the United Nations to a country which is bound to follow the instructions of the organization....
of the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY). On May 6, 1999, there were agreements in principle on a political solution.
Although non-binding, it recalled the sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
, territorial integrity
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
of the Federal Republic of Yugoslavia and other states in the region, and reaffirmed its call for meaningful autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
and self-administration for Kosovo.
Acts
The following part of the resolution was enacted under Chapter VII of the United Nations CharterChapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, which made it legally enforceable.
The Security Council decided that a solution to the Kosovo crisis was to be based upon the agreed principles contained in the annexes of the resolution. It welcomed Serbian (then called "Federal Republic of Yugoslavia") acceptance of the principles and demanded co-operation in their implementation. At the same time, the Council demanded that the Serbia put an end to repression
Political repression
Political repression is the persecution of an individual or group for political reasons, particularly for the purpose of restricting or preventing their ability to take political life of society....
in Kosovo and begin a phased withdrawal; after withdrawal a small number of Yugoslav and Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
n military and police personnel could return to Kosovo to carry out functions contained in the annex of the resolution.
The resolution then authorised an international civil and security presence in Kosovo. The Secretary-General was requested to appoint a Special Representative
Special Representative of the Secretary-General
A Special Representative of the Secretary-General is a highly respected expert who has been appointed by the Secretary-General of the United Nations to represent her/him in meetings with heads of state on critical human rights issues...
to co-ordinate the implementation of the international presence. The Council authorised countries and international organisations to establish a security presence in Kosovo, affirming the need for the immediate deployment of the international civil and security presences. The responsibilities of the international security presence included deterring new hostilities, monitoring the withdrawal of the Federal Republic of Yugoslavia, demilitarising
Demilitarisation
Demilitarisation or demilitarization is the reduction of a nation's army, weapons, or military vehicles to an agreed minimum. Demilitarisation is usually the result of a peace treaty ending a war or a major conflict....
the Kosovo Liberation Army
Kosovo Liberation Army
The Kosovo Liberation Army or KLA was a Kosovar Albanian paramilitary organization which sought the separation of Kosovo from Federal Republic of Yugoslavia in the 1990s....
and other Kosovo Albanian groups and ensuring a safe environment in which refugees could return.
The Secretary-General was authorised to establish an international civilian presence in Kosovo to provide an interim administration whereby the people of Kosovo could enjoy autonomy within the Federal Republic of Yugoslavia and oversee the development of democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
self-governing institutions
Provisional Institutions of Self-Government
The Provisional Institutions of Self-Government or 'PISG' are the local administrative bodies in Kosovo established by the United Nations administration in that province under the terms of UNSCR 1244...
. The main responsibilities of the international civil presence included the promotion of autonomy for Kosovo, performing civilian administrative functions, overseeing the development of the institutions including the holding of elections, maintaining law and order, protecting human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and ensuring the safe return of refugees.
The Council emphasised the need for humanitarian relief
Humanitarian aid
Humanitarian aid is material or logistical assistance provided for humanitarian purposes, typically in response to humanitarian crises including natural disaster and man-made disaster. The primary objective of humanitarian aid is to save lives, alleviate suffering, and maintain human dignity...
operations and encouraged all states and organisations to contribute towards economic and social reconstruction. All parties, including the international presence, had to co-operate with the ICTY. It demanded that armed Kosovan groups end their offensives.
Finally, it was decided that the international civil and security presences were to be established for an initial period of 12 months, while the Secretary-General was requested to keep the Council informed on developments.
Summary
The main goals and objectives of Resolution 1244 were to:- Demand in particular that the Federal Republic of Yugoslavia put an immediate and verifiable end to violence and repression in Kosovo;
- complete verifiable phased withdrawal from Kosovo of all military, police and paramilitary forces according to a rapid timetable, with which the deployment of the international security presence in Kosovo will be synchronized;
- Place Kosovo under interim UN administration (currently performed by the United Nations Interim Administration Mission in Kosovo, UNMIK);
- Authorize a NATO-led peacekeeping force in Kosovo (currently performed by the Kosovo Force, KFOR);
- Allow for the return of an agreed number of Yugoslav and Serbian personnel to maintain a presence at Serbian Patrimonial sites and key border crossings. (not implemented in practice);
- Direct UNMIK to establish provisional institutions of local self-government in Kosovo (currently the Provisional Institutions of Self-Government, PISGProvisional Institutions of Self-GovernmentThe Provisional Institutions of Self-Government or 'PISG' are the local administrative bodies in Kosovo established by the United Nations administration in that province under the terms of UNSCR 1244...
); - Reaffirm the sovereignty and territorial integrity of Serbia (then Federal Republic of Yugoslavia;i.e., Kosovo remains part of the SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
) and the other States of the region, as set out in the Helsinki Final Act and annex 2 of UNSCR 1244 (an annex that envisions, inter alia, a Kosovo status process); - Require the UN to assure the safe and unimpeded return of all refugees and displaced persons to their homes in Kosovo and to ensure conditions for a peaceful and normal life for all inhabitants of the province.(not implemented in practice);
- Require that the KLA and other armed Kosovo Albanian groups be demilitarized;
- Authorize the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
to facilitate a political process to determine Kosovo's future status. Kosovo's future status would take into consideration Rambouillet AgreementRambouillet AgreementThe Rambouillet Agreement is the name of a proposed peace agreement between then-Yugoslavia and a delegation representing the ethnic-Albanian majority population of Kosovo. It was drafted by the North Atlantic Treaty Organisation and named for Chateau Rambouillet, where it was initially proposed...
which Serbia refused to sign in 1998, and which call for the "will of the people of Kosovo" to be one of the guiding principles in defining Kosovo's status. The resolution reaffirms calls for "substantial autonomy and meaningful self-administration for Kosovo".
Serbia stance
Reference to the Article 1 of the Helsinki Accord places high value on the Sovereignty of Federal Republic of Yugoslavia with Kosovo recognized as an autonomous province. In a similar fashion the references to autonomy in 1244 articles points to a final goal of essentially returning Kosovo to the pre-1999 status of autonomous province within the Serbian legal framework. In this, the resolution is a partial success.Serbia has recognized the region as an Autonomous Province within the modifications to the Serbian constitution in 2006, fundamentally in line with the security council resolution. However, actions by NATO allied permanent Security Council Members in the recognition of full independence of Kosovo is a step back from the Resolution, setting a precedent for breaking of not just 1244 but all documents it refers to (including the Helsinki Accord).
Kosovo stance
On 17 February 2008 individual members of the Assembly of KosovoAssembly of Kosovo
The Assembly of Kosovo was originally established by the United Nations Interim Administration Mission in Kosovo in 2001 to provide 'provisional, democratic self-government'....
(acting in personal capacity and not binding the Assembly itself), issued a declaration of independence
2008 Kosovo declaration of independence
The 2008 Kosovo declaration of independence was adopted on 17 February 2008 by individual members of the Assembly of Kosovo acting in personal capacity and not binding to the Assembly itself...
establishing the Republic of Kosovo
Republic of Kosovo
Kosovo , officially the Republic of Kosovo is a partially recognised state and a disputed territory in the Balkans...
. On July 22, 2010 the International Court of Justice ruled that the declaration did not violate international law, because it was not issued by the Assembly of Kosovo
Assembly of Kosovo
The Assembly of Kosovo was originally established by the United Nations Interim Administration Mission in Kosovo in 2001 to provide 'provisional, democratic self-government'....
, Provisional Institutions of Self-Government
Provisional Institutions of Self-Government
The Provisional Institutions of Self-Government or 'PISG' are the local administrative bodies in Kosovo established by the United Nations administration in that province under the terms of UNSCR 1244...
, or any other official body and thus the authors, who named themselves "representatives of the people of Kosovo" were not bound by the Constitutional Framework (promulgated by UNMIK
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...
) or by UNSCR1244 that is addressed only to United Nations Member States
United Nations member states
There are 193 United Nations member states, and each of them is a member of the United Nations General Assembly.The criteria for admission of new members are set out in the United Nations Charter, Chapter II, Article 4, as follows:...
and organs of the United Nations.
See also
- Kosovo status process
- Kosovo WarKosovo WarThe term Kosovo War or Kosovo conflict was two sequential, and at times parallel, armed conflicts in Kosovo province, then part of FR Yugoslav Republic of Serbia; from early 1998 to 1999, there was an armed conflict initiated by the ethnic Albanian "Kosovo Liberation Army" , who sought independence...
- List of United Nations Security Council Resolutions 1201 to 1300 (1998 – 2000)
- Yugoslav WarsYugoslav warsThe Yugoslav Wars were a series of wars, fought throughout the former Yugoslavia between 1991 and 1995. The wars were complex: characterized by bitter ethnic conflicts among the peoples of the former Yugoslavia, mostly between Serbs on the one side and Croats and Bosniaks on the other; but also...