Reflections on the 20rh Anniversary of the NATO Humanitarian Intervention in Kosovo and Its Consequences: A Perspective from Kosovo

Conference Paper, presented at the University of Leipzig-Leibniz-Institut für Geschichte und Kultur des östlichen Europa academic conference, entitled: “20 years after the NATO intervention in Yugoslavia: Local, Regional and Global Aspects of Humanitarian interventions”,

21 Pages Posted: 1 Mar 2021

See all articles by Avdylkader Mucaj

Avdylkader Mucaj

Universiteti i Prizrenit

Shefki SHTERBANI

University of Prizren

Date Written: December 10, 2019

Abstract

The NATO humanitarian intervention in Kosovo has generated widespread argument and counter-argument from legal scholars. One group contests the legality of the intervention, inter alia based on the sovereignty doctrine. Other scholars support the intervention, basing their arguments on the protection of human rights and the objective of ending the humanitarian catastrophe. In this article we argue, first, that the NATO intervention was legitimate on the grounds that populations whose survival is endangered or who are enduring ethnic cleansing and other massive suffering are entitled to receive support from outside, including the use of force. This is particularly the case where such support comes from democratic states or alliances of democracies where the rule of law and the protection of human rights are embodied at national level. Second, in the context of both sovereignty and human rights being enshrined in the U.N. Charter and forming two of the most important U.N. goals, this article discusses potential tensions between the aforementioned goals. Finally, this article suggests that the NATO intervention and Kosovan independence proved to be the right steps for Kosovo, its citizens and the region.

Keywords: Kosovo, NATO, Humanitarian Intervention, Independence and International Court of Justice.

JEL Classification: K33

Suggested Citation

Mucaj, Avdylkader and SHTERBANI, Shefki, Reflections on the 20rh Anniversary of the NATO Humanitarian Intervention in Kosovo and Its Consequences: A Perspective from Kosovo (December 10, 2019). Conference Paper, presented at the University of Leipzig-Leibniz-Institut für Geschichte und Kultur des östlichen Europa academic conference, entitled: “20 years after the NATO intervention in Yugoslavia: Local, Regional and Global Aspects of Humanitarian interventions”, , Available at SSRN: https://ssrn.com/abstract=3755633

Avdylkader Mucaj (Contact Author)

Universiteti i Prizrenit ( email )

Rr. Shkronjave p.n.
Prizren, 10000
044332264 (Phone)
10000 (Fax)

Shefki SHTERBANI

University of Prizren ( email )

1 Shkronjat
Prizren, Kosovo 20000
Kosovo

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