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United Nations Security Council Resolution 1244
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United Nations Security Council Resolution 1244
United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yugoslavia and established the United Nations Interim Administration Mission in Kosovo (UNMIK). It followed an agreement by Yugoslav President Slobodan Milošević to terms proposed by President of Finland Martti Ahtisaari and former Prime Minister of Russia Viktor Chernomyrdin on 8 June, involving withdrawal of all Yugoslav state forces from Kosovo (Annex 2 of the Resolution). Annex 2 also specified that "After withdrawal, an agreed number of Yugoslav and Serbian personnel will be permitted to return to perform the following functions: · Liaison with the international civil mission and the international security presence; · Marking/clearing minefields; · Maintaining a presence at Serb patrimonial sites; · Maintaining a presence at key border crossings."
Resolution 1244 was adopted by 14 votes in favor 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 Yugoslav government and its people, and was opposed to external intervention. However, as the Federal Republic of Yugoslavia accepted the peace proposal, China did not veto the resolution.
Kosovo unilaterally declared its independence in 2008; Serbia and some other UN member states maintain that Resolution 1244 remains legally binding to all parties. In 2010, the International Court of Justice provided an advisory opinion that the declaration of independence did not violate the resolution.
In the preamble of Resolution 1244, the Security Council regretted that there had not been compliance with previous resolutions. 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).
The resolution was enacted under Chapter VII of the United Nations Charter.
The Security Council decided that a solution to the Kosovar crisis was to be based upon the agreed principles contained in the annexes of the resolution. It welcomed Serbia's (then part of the "Federal Republic of Yugoslavia") acceptance of the principles and demanded co-operation in their implementation. At the same time, the Council demanded that 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, if authorized by the international military presence, to carry out functions contained in the annex of the resolution.
The resolution then authorized 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 authorized 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 authorized to establish an international civilian presence in Kosovo to provide an interim administration whereby Kosovo could exercise governance – pending a final status solution – through the establishment of provisional institutions of self-government. 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.
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United Nations Security Council Resolution 1244
United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yugoslavia and established the United Nations Interim Administration Mission in Kosovo (UNMIK). It followed an agreement by Yugoslav President Slobodan Milošević to terms proposed by President of Finland Martti Ahtisaari and former Prime Minister of Russia Viktor Chernomyrdin on 8 June, involving withdrawal of all Yugoslav state forces from Kosovo (Annex 2 of the Resolution). Annex 2 also specified that "After withdrawal, an agreed number of Yugoslav and Serbian personnel will be permitted to return to perform the following functions: · Liaison with the international civil mission and the international security presence; · Marking/clearing minefields; · Maintaining a presence at Serb patrimonial sites; · Maintaining a presence at key border crossings."
Resolution 1244 was adopted by 14 votes in favor 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 Yugoslav government and its people, and was opposed to external intervention. However, as the Federal Republic of Yugoslavia accepted the peace proposal, China did not veto the resolution.
Kosovo unilaterally declared its independence in 2008; Serbia and some other UN member states maintain that Resolution 1244 remains legally binding to all parties. In 2010, the International Court of Justice provided an advisory opinion that the declaration of independence did not violate the resolution.
In the preamble of Resolution 1244, the Security Council regretted that there had not been compliance with previous resolutions. 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).
The resolution was enacted under Chapter VII of the United Nations Charter.
The Security Council decided that a solution to the Kosovar crisis was to be based upon the agreed principles contained in the annexes of the resolution. It welcomed Serbia's (then part of the "Federal Republic of Yugoslavia") acceptance of the principles and demanded co-operation in their implementation. At the same time, the Council demanded that 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, if authorized by the international military presence, to carry out functions contained in the annex of the resolution.
The resolution then authorized 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 authorized 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 authorized to establish an international civilian presence in Kosovo to provide an interim administration whereby Kosovo could exercise governance – pending a final status solution – through the establishment of provisional institutions of self-government. 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.