United Nations Security Council Resolution 1244

UN Security Council Resolution 1244
Date:	10 June 1999
Meeting no.:	4,011
Code:	S/RES/1244 (Document)
Vote:	For: 14 Abs.: 1 Against: 0
Subject:	The situation in Kosovo
Result:	Adopted
Security Council composition in 1999:
permanent members:
CHN FRA RUS UK USA
non-permanent members:
ARG BHR BRA CAN GAB
GAM MAS NAM NED SLO
Kosovo (highlighted) in Serbia

Kosovo

This article is part of the series: Politics and government of Kosovo

Political status of Kosovo Declaration of independence Diplomatic response UNSC Resolution 1244 Kosovo status process Standards for Kosovo Belgrade–Pristina negotiations UNMIK · EULEX · KFOR International Steering Group International Civilian Rep. Pieter Feith Kosovo Police Kosovo Security Force Kosovo Protection Corps Republic of Kosovo Anthem of Kosovo "Europe" Constitution President Atifete Jahjaga Prime Minister Hashim Thaçi Government Cabinet Assembly Chairman Jakup Krasniqi Foreign relations Political parties Kosovan passport Elections: Parliamentary: 2001, 2004, 2007, 2010 Local: 2007, 2008, 2009 Provisional Institutions Subdivisions of Kosovo Districts Municipalities

See also Portal:Politics

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.

Resolution

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 refugees 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).

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.

Acts

The following part of the resolution was enacted under Chapter VII of the United Nations Charter, 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 Serbian 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.

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, PISG);
• Reaffirm the sovereignty and territorial integrity of Federal Republic of Yugoslavia; 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 Nations to facilitate a political process to determine Kosovo's future status. Kosovo's future status would take into consideration Rambouillet Agreement 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".

Significance

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 Kosovo , issued a declaration of independence establishing the Republic of Kosovo. On July 22, 2010 the International Court of Justice ruled that the declaration of independence of 17 February 2008 did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework. Consequently the adoption of that declaration did not violate any applicable rule of international law

See also

• Kosovo status process
• Kosovo War
• List of United Nations Security Council Resolutions 1201 to 1300 (1998 – 2000)
• Yugoslav Wars

External links

• Text of Resolution at UNHCR.org