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UN Security Council
Resolution 1244 |
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| Date: | 10 June 1999 |
| Meeting no.: | 4,011 |
| Code: | S/RES/1244 (Document) |
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| Vote: | For: 14 Abs.: 1 Against: 0 |
| Subject: | The situation in Kosovo |
| Result: | Adopted |
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| Security Council composition in 1999: | |
| permanent members: | |
| non-permanent members: | |
| ARG BHR BRA CAN GAB | |
| GAM MAS NAM NED SLO | |
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| Kosovo (highlighted) in Serbia | |
| Kosovo |
This article is part of the series: |
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| 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))[1] and established the United Nations Interim Administration Mission in Kosovo (UNMIK).[2]
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.[2] Both sides in the conflict (NATO vs. Federal Republic of Yugoslavia) subsequently adopted it in the Kumanovo Treaty.
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In the preamble of Resolution 1244, the Security Council regretted that requests in some previous resolutions had not been executed.[3] 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). 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.[4]
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;[5] 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,[6] while the Secretary-General was requested to keep the Council informed on developments.
The main goals and objectives of Resolution 1244 were to:
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).
On 17 February 2008 individual members of the Assembly of Kosovo (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.[8]
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