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International law and the war in Kosovo 

Author: C. Guicherd a
Affiliation:   a C. Guicherd Deputy for Policy Co-ordination to the Secretary General at the NATO Parliamentary Assembly (formerly North Atlantic Assembly), Brussels, Belgium .
DOI: 10.1093/survival/41.2.19
Publication Frequency: 6 issues per year
Published in: journal Survival, Volume 41, Issue 2 January 1999 , pages 19 - 34
Formats available: PDF (English)
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Abstract

NATO's military intervention against Serbia in March 1999 underscored the tensions between state sovereignty and the defence of human rights - two principles enshrined in the UN Charter. Since the early 1990s, a consensus has developed, buttressed by UN Security Council resolutions and the practices of UN member states, that massive human-rights violations can sometimes justify encroachment on a state's sovereignty. However, this emerging consensus has not yet crystallised into clear rules establishing a right of 'humanitarian intervention', nor is it accepted by important powers such as Russia and China. Therefore, NATO nations have been at a loss to justify their Kosovo campaign in terms of international law. Rather than claiming that the Kosovo intervention is an exception, not to be repeated, Alliance members should lead a drive to adjust international law by developing clear rules for humanitarian intervention.
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