The Kosovo Crisis (1999)

International Law and the Use of Force: A Case-Based Approach, pp. 594-622, Olivier Corten and Tom Ruys, eds, Oxford University Press, 2018

Oxford Legal Studies Research Paper No. 35/2017

32 Pages Posted: 29 Apr 2017 Last revised: 21 Feb 2019

See all articles by Daniel Franchini

Daniel Franchini

University of Oxford, Faculty of Law, Students

Antonios Tzanakopoulos

University of Oxford - Faculty of Law

Date Written: April 27, 2017

Abstract

This contribution discusses in some detail the forcible intervention by NATO against Serbia in 1999 in response to the situation in Kosovo. It sets out the facts and background of the crisis, along with the legal positions of the main protagonists and the reactions of the international community. It then proceeds to survey the debates surrounding the legality of the intervention and to assess the soundness of the legal justifications put forward by states and authors. Finally, it discusses the precedential value of the intervention, especially in view of claims of existence or emergence of a rule or principle of international law permitting forcible unilateral use of force in response to humanitarian crises. The contribution concludes that the NATO intervention has significant precedential value, despite the claims of even some of the states that took part in it that it should not become a precedent. But its precedential value is precisely that of confirming the unlawfulness of forcible unilateral humanitarian intervention.

Keywords: Kosovo, Serbia, use of force, humanitarian intervention, Security Council, authorisation, chapter VII, UN Charter, humanitarian catastrophe

Suggested Citation

Franchini, Daniel and Tzanakopoulos, Antonios, The Kosovo Crisis (1999) (April 27, 2017). International Law and the Use of Force: A Case-Based Approach, pp. 594-622, Olivier Corten and Tom Ruys, eds, Oxford University Press, 2018; Oxford Legal Studies Research Paper No. 35/2017. Available at SSRN: https://ssrn.com/abstract=2960294

Daniel Franchini

University of Oxford, Faculty of Law, Students ( email )

St Cross Building
St Cross Rd
Oxford
United Kingdom

HOME PAGE: http://https://www.law.ox.ac.uk/people/daniel-franchini

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

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