KCL MUN Study Guide - A New Agreement for Kosovo (15/11 and 22/11/2011)

KCL Model United Nations
Society 2011/2012

UN Security Council:
" A new Kosovo Agreement"

KCL Model United Nations Society 2011/2012

"The Israeli-Palestinian conflict and the
Humanitarian Crisis in Gaza”
1

Table of Contents
Introduction ........................................................................................................ 2
Introduction to the Committee ................................................................................. 3
Overview on the Kosovo ......................................................................................... 5
Conclusion and framework for debate ...................................................................... 11


2

Introduction
The UN Security Council, as the supreme body of the United Nations, has
the task to debate and come up with decisions on the most crucial and
challenging international issues. One of these issues concerns the
situation in Kosovo. The evolution of this site and following political
decisions draw attention of the international community and a new
agreement on Kosovo is sought. Any decision would require active
involvement of all members of the Security Council, diplomatic skills, and
thorough knowledge of the region.

The Study Guide contains brief description of the main attributes of
Security Council, its powers and responsibilities. It presents as well a
comprehensive background on the history and evolution of Kosovo. The
Guide summarizes the resolutions of the Security Council regarding the
crisis in Kosovo and refers to the most relevant documents and
agreements that determined the political and military implications in the
region. A distinct attention is drawn on the provisions of the Resolution
1244 (1999) of the Security Council that in addition to other important
references determined the establishment of an international
administration in Kosovo.

Finally, the Study Guide suggests a framework for debate and draws
attention on the most important documents and resolutions that have
shaped the management of the Kosovo crisis and further developments.
With this in mind, the delegates participating in this simulation are
encouraged to objectively reflect the position of their country and
actively participate in constructive debate on this question.


3

Introduction to the Committee

The Security Council
“The Security Council has primary responsibility, under the Charter, for
the maintenance of international peace and security. It is so organized as
to be able to function continuously, and a representative of each of its
members must be present at all times at United Nations Headquarters.
When a complaint concerning a threat to peace is brought before it, the
Council's first action is usually to recommend to the parties to try to
reach agreement by peaceful means. In some cases, the Council itself
undertakes investigation and mediation. It may appoint special
representatives or request the Secretary-General to do so or to use his
good offices. It may set forth principles for a peaceful settlement.

When a dispute leads to fighting, the Council's first concern is to bring it
to an end as soon as possible. On many occasions, the Council has issued
cease-fire directives which have been instrumental in preventing wider
hostilities. It also sends United Nations peace-keeping forces to help
reduce tensions in troubled areas, keep opposing forces apart and create
conditions of calm in which peaceful settlements may be sought. The
Council may decide on enforcement measures, economic sanctions (such as
trade embargoes) or collective military action.

A Member State against which preventive or enforcement action has been
taken by the Security Council may be suspended from the exercise of the
rights and privileges of membership by the General Assembly on the
recommendation of the Security Council. A Member State which has
persistently violated the principles of the Charter may be expelled from
the United Nations by the Assembly on the Council's recommendation.

A State which is a Member of the United Nations but not of the Security
Council may participate, without a vote, in its discussions when the
Council considers that the country's interests are affected. Both Members
of the United Nations and non-members, if they are parties to a dispute
being considered by the Council, are invited to take part, without a vote,
in the Council's discussions; the Council sets the conditions for
participation by a non-member State. The Presidency of the Council
rotates monthly, according to the English alphabetical listing of its
Member States.”


4

Functions and powers of the Security Council
“Under the United Nations Charter the main powers and functions of the
Security Council are to maintain international peace and security in
accordance with the principles and purposes of the United Nations; to
investigate any dispute or situation which might lead to international
friction; to recommend methods of adjusting such disputes or the terms
of settlement; to formulate plans for the establishment of a system to
regulate armaments; to determine the existence of a threat to the peace
or act of aggression and to recommend what action should be taken; to
call on Members to apply economic sanctions and other measures not
involving the use of force to prevent or stop aggression; to take military
action against an aggressor; to recommend the admission of new
Members; to exercise the trusteeship functions of the United Nations in
“strategic areas”; and to recommend to the General Assembly the
appointment of the Secretary-General and, together with the Assembly, to
elect the Judges of the International Court of Justice.”


5

Overview on the Kosovo

Historical Background
“The central Balkans were part of the Roman and Byzantine Empires
before ethnic Serbs migrated to the territories of modern Kosovo in the
7th century. During the medieval period, Kosovo became the center of a
Serbian Empire and saw the construction of many important Serb religious
sites, including many architecturally significant Serbian Orthodox
monasteries.

The defeat of Serbian forces at the Battle of Kosovo in 1389 led to five
centuries of Ottoman rule during which large numbers of Turks and
Albanians moved to Kosovo. By the end of the 19th century, Albanians
replaced the Serbs as the dominant ethnic group in Kosovo. Serbia
reacquired control over Kosovo from the Ottoman Empire during the First
Balkan War of 1912.

After World War II, Kosovo became an autonomous province of Serbia in
the Socialist Federal Republic of Yugoslavia (S.F.R.Y.) with status almost
equivalent to that of a republic under the 1974 S.F.R.Y. constitution.
Despite legislative concessions, Albanian nationalism increased in the
1980s, which led to riots and calls for Kosovo's independence. At the same
time, Serb nationalist leaders, such as Slobodan Milosevic, exploited
Kosovo Serb claims of maltreatment to secure votes from supporters,
many of whom viewed Kosovo as their cultural heartland.

Under Milosevic's leadership, Serbia instituted a new constitution in 1989
that revoked Kosovo's status as an autonomous province of Serbia. Kosovo
Albanian leaders responded in 1991 by organizing a referendum that
declared Kosovo independent. Under Milosevic, Serbia carried out
repressive measures against the Albanians in the early 1990s as the
unofficial Kosovo government, led by Ibrahim Rugova, used passive
resistance in an attempt to try to gain international assistance and
recognition of an independent Kosovo. Albanians dissatisfied with
Rugova's passive strategy in the 1990s created the Kosovo Liberation Army
and launched an insurgency.

Starting in 1998, Serbian military, police, and paramilitary forces under
Milosevic conducted a brutal counterinsurgency campaign that resulted in
massacres and massive expulsions of ethnic Albanians. Approximately
800,000 Albanians were forced from their homes in Kosovo during this
time.


6

International attempts to mediate the conflict failed, and Milosevic's
rejection of a proposed settlement led to a three-month NATO military
operation against Serbia beginning in March 1999 that forced Serbia to
agree to withdraw its military and police forces from Kosovo. UN Security
Council Resolution 1244 (1999) placed Kosovo under a transitional
administration, the UN Interim Administration Mission in Kosovo (UNMIK),
pending a determination of Kosovo's future status.

An UN-led process began in late 2005 to determine Kosovo's final status.
The negotiations ran in stages between 2006 and 2007, but ended without
agreement between Belgrade and Pristina. On 17 February 2008, the
Kosovo Assembly declared Kosovo independent. Since then, over 70
countries have recognized Kosovo, and it has joined the International
Monetary Fund and World Bank.

Serbia continues to reject Kosovo's independence and in October 2008, it
sought an advisory opinion from the International Court of Justice (ICJ) on
the legality under international law of Kosovo's declaration of
independence. The ICJ released the advisory opinion in July 2010
affirming that Kosovo's declaration of independence did not violate
general principles of international law, UN Security Council Resolution
1244, or the Constitutive Framework. The opinion was closely tailored to
Kosovo's unique history and circumstances.”1

The Security Council Resolutions on the situation in Kosovo
The Security Council of the United Nations adopted five resolutions
regarding the crisis in Kosovo. These are the resolutions: 1160 (1998),
1199 (1998), 1203 (1998), 1239 (1999), and 1244 (1999). In the following a
brief description of each of these resolutions is provided.

The Resolution 1160 adopted by the Security Council at its 3868th meeting
on 31 March 1998 confirms the sovereignty and territorial integrity of the
Federal Republic of Yugoslavia (FRY). The document condemned the use
of force of Serbian police against civilians in Kosovo and the acts of
terrorism of the Kosovo Liberation Army.

The Resolution called the FRY to achieve a peaceful political solution to
the issue in Kosovo and implement the Contact Group statements2. It

1
“Kosovo Background,” The World Factbook, accessed November 2, 2011,
https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html.
2
Some of the provisions of the Contact Group statements refer to negotiations between the belligerent parties and
special statute for Kosovo; reaffirmed the arms embargo; urged peaceful political decisions and condemned the
violence of Kosovo Albanian extremists. The group supported neither independence nor the status quo of Kosovo, and
encouraged Belgrade and Kosovo Albanian leadership to negotiate a new statute.


7

stated that the resolution of the conflict should be in accordance with
OSCE standards, Helsinki Final Act of the Conference on Security and
Cooperation in Europe, and the Charter of the United Nations. The
solution should enhance the degree of autonomy and self-administration
of Kosovo. Also, the Resolution urged the Office of the Prosecutor of the
International Tribunal to begin gathering information related to the
violence in Kosovo.

The Report of the Secretary-General on the Resolution 1160 (1998) stated
that the violence escalated and the Serbian part launched an offensive
against armed groups of Kosovo Albanians. The efforts of the
international community to cease the hostilities and restart the dialog
between Belgrade and Pristina have not succeeded. The belligerent
parties have not taken actions according to the statements of the Contact
Group. The number of refugees dramatically increased. The flood of
refugees from Kosovo put pressure on the Macedonian border. The report
concluded that the violence achieved its apogee and there were a high
risk of destabilization in the Balkans. The members of OSCE tended to
accept any solution that would end violence and prevent the spread of
the conflict. “The Chairman-in-Office’s assessment is that the only hope
for a peaceful solution is an immediate cessation of the Serbian military
offensive and initiation of unconditional negotiations between the Federal
Republic of Yugoslavia authorities and widely represented Albanians from
Kosovo.”3

on 23 September 1998 stated deep concern about the escalation of
violence in Kosovo, continuation of the armed conflict and serious human
rights infringements. It reaffirmed the commitment of all Member States
to the sovereignty and territorial integrity of the Federal Republic of
Yugoslavia.

The Resolution demanded cease of hostilities and armed conflict, and
immediate steps to improve the humanitarian situation. It urged the
parties to start the political dialog with international involvement and to
respect the provisions of the Resolution 1160 (1998). The document
addressed the Yugoslav authorities to provide full freedom of movement
for representatives of foreign states and international institutions to
monitor the situation in Kosovo. The Kosovo Albanian leadership was
asked to condemn all terrorist action and to pursue their goals by
peaceful means only. The document called upon Member States and
international institutions to provide adequate resources for humanitarian
assistance in the region. The authorities of the Federal Republic of
Yugoslavia and the leaders of the Kosovo Albanian community were called

3
“Report of the Secretary-General Prepared Pursuant to Resolution 1160 (1998) of the Security Council,” Security
Council, http://www.un.org/peace/kosovo/98834a1.pdf.


8

upon cooperation with the Prosecutor of the International Tribunal for
the Former Yugoslavia.

on 24 October 1998 restated the need for peaceful resolution of the crisis
in Kosovo. It welcomed the agreement signed in Belgrade on 15 October
1998 by the Chief of General Staff of the Federal Republic of Yugoslavia
and the Supreme Allied Commander, Europe, of the North Atlantic Treaty
Organization (NATO) providing the establishment of an air verification
mission over Kosovo4 and the agreement signed on 16 October 1998 the
organization of verification mission in Kosovo. The document revealed
concerns regarding the closure of independent media outlets by the
authorities of the Federal Republic of Yugoslavia and aggravation of the
humanitarian situation in Kosovo. Besides other provisions, it stressed the
obligation of the Federal Republic of Yugoslavia and the Kosovo Albanian
leadership to fully comply the resolutions 1160 and 1199 and cooperate
with OSCE Verification Mission in Kosovo.

The Resolution 1239 adopted by the Security Council at its 4003rd meeting
on 14 May 1999 expressed grave concerns regarding the humanitarian
catastrophe in Kosovo and Federal Republic of Yugoslavia, and enormous
flux of refugees into Albania and Former Yugoslav Republic of Macedonia,
Bosnia and Herzegovina, and other countries. The document reaffirmed
the territorial integrity of the countries from the region and emphasized
the need to implement the principles adopted by the Foreign Ministers of
G-8 on 6 May 1999 (some of the principles were: end of violence in
Kosovo; withdrawal from Kosovo of military, police and paramilitary
forces; deployments in Kosovo of international civil and security
presence; establishment of an interim administration for Kosovo decided
by the Security Council of the United Nations; free and safe return of all
refugees to Kosovo; demilitarization of Kosovo Liberation Army; a
political process towards the establishment of an interim political
framework agreement providing for a substantial self-government for
Kosovo).5

on 10 June 1999 stated the lack of full compliance with the Resolutions
1160 (1998), 1199 (1998), 1203 (1999) and called for urgent withdrawal
from Kosovo of all military forces, police and paramilitary forces of the
Federal Republic of Yugoslavia and Serbia, and at the same time,
demilitarization of the Kosovo Liberation Army, and other armed Kosovo
Albanian groups.

4
UN Security Council, “Kosovo Verification Mission Agreement between the North Atlantic Treaty Organization and the
Federal Republic of Yugoslavia,” http://www.un.org/peace/kosovo/s98991.pdf.
5
UN Security Council, “Letter from the Permanent Representative of Germany to the United Nations Addresses to the
President of the Security Council,” http://www.un.org/peace/kosovo/s99516.pdf.


9

The document reaffirmed the territorial integrity of the Federal Republic
of Yugoslavia and other states of the region and called for substantial
autonomy and meaningful self-administration for Kosovo and established
under Chapter VII an international civil presence – the United Nations
Interim Administration Mission in Kosovo (UNMIK).

It is important to mention that at the moment of approval of the
Resolution 1244, NATO started the bombardments of FRY (on March 24
1999). The military actions were argued by the deplorable humanitarian
situation in Kosovo, refusal to accept Rambouillet Accords and to
withdraw military forces from Kosovo.6 The agreement which officially
ceased the military actions in Kosovo was called Military Technical
Agreement and stipulated the necessity to deploy in Kosovo international
civil and security presence under UN auspices.7

The provisions of international administration in Kosovo
One of the results of the Resolution 1244 (1999) was the deployment of
international security and civil presence in Kosovo under UN auspices:
NATO Kosovo Force (KFOR) and United Nations Interim Administration
Mission in Kosovo (UNMIK).

The main responsibilities of the international presences in areas related
to security (KFOR) were to maintain and enforce the cease-fire; to ensure
the withdrawal and to prevent the return of Serbian forces, except of
those allowed to return to liaise with the international presences, to
mark/clear minefields and to maintain a presence at patrimonial sites
and key border crossings; to demilitarize the Kosovo Liberation Army and
other armed Kosovo-Albanian groups; to establish a secure environment
for those displaced to return in safety, for humanitarian aid to be
delivered and for the international civil presence to operate; to conduct
border monitoring duties; to ensure the protection and freedom of
movement of international organizations; and to ensure public safety and
order and supervise demining until the international civil presence takes
over those responsibilities.8
The civilian responsibilities of the international administration (UNMIK)
were to perform basic civilian administrative functions where and as long
as required; to maintain civil law and order, including the establishment
of local police forces; to protect and promote human rights and assure
the safe return of all displaced people to their homes; to support
humanitarian and disaster relief aid and the reconstruction of key and
6
Débora García-Orrico, Security Council resolutions under Chapter VII (FRIDE 2009), 121, accessed November 2, 2011,
http://www.fride.org/publication/655/security-council-resolutions-under-chapter-vii.
7
NATO’s Role in Kosovo, “Military Technical Agreement,” http://www.nato.int/kosovo/docu/a990609a.htm.
8
García-Orrico, Security Council resolutions under Chapter VII, 126.


10

other economic infrastructure; to establish and oversee the development,
consolidation and ulterior transfer of provisional self- governing
institutions; to facilitate the political process towards status, in full
account of the principles contained in Annex 2 of resolution 1244 (1999)
and the Rambouillet Accords; and at a final stage, to oversee the transfer
of authority from Kosovo’s provisional institutions to institutions
established under a political settlement.9

On March 31 2009, the UNMIK transferred Pillar I (Police and Justice) to
European Union Rule of Law Mission in Kosovo (EULEX).

9


11

Conclusion and framework for debate
The situation in Kosovo represents a complex historical and political
development that challenged the ability of the international community
to maintain peace and security in the region. The resolutions 1160 (1998),
1199 (1998), 1203 (1998), 1239 (1999) and 1244 (1999) represented
attempts of UN Member States and more specifically, of the Security
Council, to find a peaceful solution for the crisis in Kosovo. They
encouraged both parties (FRY and Kosovo Albanian leadership) to
establish political dialog and to end military confrontations. The refusal
of FRY president to accept the agreements proposed by the international
community and the risk of regional instability and insecurity, determined
a military intervention under NATO auspices.

Consequently, the Resolution 1244 (1999) stated a new political
framework for Kosovo and demanded full withdrawal of the Serbian forces
from the site. The document referred to the Chapter VII of the UN
Charter which refers to threats to international security, more
specifically “Action with Respect to Threats to the Peace, Breaches of the
Peace, and Acts of Aggression”.10 The Security Council decided the
establishment of an international administration in Kosovo which will
facilitate the transfer of authority to the future Kosovo institutions
(respecting at the same time the territorial integrity and sovereignty of
Federal Republic of Yugoslavia). The document “created a reality that
was subject to open-ended interpretation with a state-making element to
it. It contains two principles that encapsulate the opposing positions at
stake. On the one hand, an open-ended temporal framework that
deprives the Federal Republic of Yugoslavia of all authority over Kosovo
and leaves it under an international presence for an indefinite period of
time and, on the other hand, the obligation to uphold the principles of
sovereignty and protection of the territorial integrity of FRY.”11 Moreover,
the UNMIK mission in Kosovo gradually transferred its authority to
international and local institutions. Kosovo declared its unilateral
independence and 75 UN Members States recognized it.12

The task of the Security Council is to put into debate the situation in
Kosovo and try to reach an agreement regarding the situation and future
statute of this site.

10
United Nations Charter, “Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts
of Aggression,” http://www.un.org/en/documents/charter/chapter7.shtml.
11
12
Kosovo Thanks You, “Who Recognized Kosova as an Independent State?” accessed on November 2, 2011.
http://www.kosovothanksyou.com/.

KCL MUN Study Guide - A New Agreement for Kosovo (15/11 and 22/11/2011)

Recommended

Recommended

More Related Content

Similar to KCL MUN Study Guide - A New Agreement for Kosovo (15/11 and 22/11/2011)

Similar to KCL MUN Study Guide - A New Agreement for Kosovo (15/11 and 22/11/2011) (20)

More from King's College London Model United Nations Society

More from King's College London Model United Nations Society (14)

Recently uploaded

Recently uploaded (20)

KCL MUN Study Guide - A New Agreement for Kosovo (15/11 and 22/11/2011)