Armed conflict in the world today: a country by country review


Statement: The situation in Kosovo is a civil war with possible claim to self-determination and with NATO involvement. Background



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KOSOVO



Statement:
The situation in Kosovo is a civil war with possible claim to self-determination and with NATO involvement.
Background:
90% of the population of Kosovo, a region presently under the political domination of the Federal Republic of Yugoslavia, is ethnically Albanian. Although not the original inhabitants of the region, the Kosovars (ethnic Albanians as opposed to Kosovans, all the residents of Kosovo) had long settled in their present area. Kosovo remained relatively autonomous until Yugoslavia revoked that status in 1990 after an unofficial sovereignty referendum. The Democratic League of Kosovo subsequently declared independence and established a parallel government headed by Ibrahim Rugova. Beatings, arrests, house searches, fraudulent trials and killings began to escalate, and Yugoslav authorities arrested more than 500 political opponents between 1991 and 1997. Because of the stalemate over the determination of status of Kosovo, some Kosovars formed the Kosovo Liberation Army (KLA), the stated purpose of which is to achieve independence through military means. A smaller military group has also been operating, the National Movement for the Liberation of Kosovo. Throughout 1997, tensions rose, and strikes and other political resistance activities took place in Pristina and other areas. 500 students were attacked by police on October 1, 1997, and the year saw about 35 political killings.
In March 1998, the KLA began a large-scale military action, bringing about 38% of Kosovo under their control by July 1998. The Yugoslav army began counter-attacks and reportedly massacred civilians in Drenoc, Cirez, Likosana, Prekaz and other towns. The recapture of Orahovae by Yugoslav forces in late July 1998 brought a new round of accusations of atrocities. In early August, Yugoslav forces leveled six villages, and by the end of the month had retaken much of the land taken by the KLA.
Throughout the Fall of 1998 there was sporadic fighting, but a cease-fire agreement was signed in October. Under threat of NATO bombings, the Federal Republic of Yugoslavia agreed to talks that the Contact Group (Russia, US, UK, France, Germany, and Italy) arranged for in February in Rambouillet, France. Although a tentative agreement for limited autonomy and a UN peacekeeping force was reached at Rambouillet, there was no provision for a referendum of Kosovars to determine their political status—a key demand of the KLA faction controlled by Adam Demaci.
Current Situation:
In March 1999, after increasing claims that Serbia forces were engaging in ethnic cleansing, NATO began bombing Kosovo and Serbia in an attempt to drive Serbian troops from the area. After the bombing began, further atrocities and expulsions were reported. 800,000 ethnic Albanians fled to neighboring Albania and Macedonia. After 11 weeks of bombing, Serbia withdrew, and NATO ground troops moved in. At that time, over 11,000 people were reported to have been killed, but that number is still not confirmed. By October 1999, over 2000 bodies had been found at 195 mass grave sites. Critics of the air war claim that the alliance exaggerated the stories of atrocities to justify the air war at the expense of unprotected civilians in Kosovo. The legality of the bombing has also been challenged as NATO went forward without UN authorization. Additional concerns have been raised because of the use of weaponry containing depleted uranium (DU). On October 15, 1999, NATO Special Rapporteur Volker Kroning (Germany) issued a report indicating numerous violations of international law, and particularly humanitarian law, chargeable to the NATO forces. Inter alia, Kroning points out existing provisions of law that would make DU unlawful. However, in an opinion that is generating increasing controversy, the Prosecutor for the International Criminal Tribunal has declined to open legal proceedings on any alleged NATO violations of humanitarian law.
Since the war ended, hundreds of Serbs have been killed by ethnic Albanians in reprisal attacks despite the presence of 45,000 NATO troops. 240,000 Serbs have fled the region since the departure of the Serbian troops, and only 30,000 remain. Many of the Kosovans (Kosovars as well as Romani, and other ethnic groups) have returned, including nearly 30,000 between January and May 2000. Incidents against Serbs by Kosovars have risen in 2000 to date, and include land mine attacks and bombs. There are also difficulties with ethnic Turks.
President Milosevic has been indicted by the International Criminal Tribunal for massacres and the expulsion of ethnic Albanians during the war. The UN has an administration for Kosovo on site in Pristina.
UN Action:
UNMIK (6/99-present).
(Some resolutions on the former Yugoslavia contain sections regarding Kosovo.)
SC Res 1244 (5/10/99). SC Res 1239 (5/14/99).

SC Res 1203 (12/24/98). SC Res 1199 (9/23/98).


GA Res 54/245 (12/23/99). GA Res 54/183 (12/17/99).

GA Res 53/164 (12/9/98). GA Res 53/1 I (11/16/98).

GA Res 52/139 (12/12/97). GA Res 51/111 (12/12/96).

GA Res 50/190 (12/22/95). GA Res 49/204 (12/23/94).


Comm Res 1999/2.
Sub-Comm Res 1996/2. Sub-Comm Res 1995/10.
Rpt S-G (S/2000/177). Rpt S-G (S/2000/538).

Rpt S-G (S/1999/1250). Rpt.S-G (S/1999/672).

Rpt S-G (S/1999/987). Rpt S-G (S/1999/779).

Rpt S-G (E/CN.4/1999/99). Rpt S-G (E/CN.4/1999/293).

Rpt S-G (S/1998/1068). Rpt S-G (S/1998/912).

Rpt S-G (A/52/502). Rpt S-G (A/51/556).

Rpt S-G (A/50/767).
Comm Rpt on International Criminal Tribunal for Former Yugoslavia:

Two trials of Kosovan Albanians: E/CN.4/1998/9.


Report of the High Commissioner on Human Rights:

E/CN.4/2000/7; E/CN.4/2000/32; E/CN.4/2000/10.


Report on the Question of the Use of Mercenaries:

Enrique Bernales Ballesteros: E/CN.4/1999/11.


Report of the Special Rapporteur:

Jiri Dienstbier: E/CN.4/1998/19; E/CN.4/1998/63; E/CN.4/1999/42.


Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

Asma Jahangir: E/CN.4/1999/39 & Add.1; E/CN.4/2000/3 & Add.1.


Report of the Special Rapporteur on Torture:

Nigel S. Rodley: E/CN.4/1999/61; E/CN.4/2000/9.


Report of Special Rapporteur on Freedom of Opinion and Expression:

Abid Hussain: E/CN.4/1999/64.


Report of the Working Group on Arbitrary Detention:

E/CN.4/1999/63 & Add.1.


Note by Secretariat on Violations of Rights of Human Rights Defenders:

E/CN.4/Sub.2/1999/4.


Report of the Special Rapporteur on the Independence of Judges and Lawyers:

Param Cumaraswamy: E/CN.4/2000/61.


Report of Special Rapporteur on Violence against Women:

Radhika Coomaraswamy: E/CN.4/2000/68/Add.4.


Report of the HCHR on Human Rights and Mass Exoduses:

E/CN.4/2000/81.


Report of Representative of S-G on IDPs:

Francis Deng: E/CN.4/2000/83.





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