Kosovo
UN Security Council Resolution 1244
Adopted at its 4011th meeting, on 10 June 1999
[see also
Interim Agreement for Peace and Self-Government in Kosovo, Rambouillet,
France - February 23, 1999;
Nato, Kosovo & Tamil
Eelam - Nadesan Satyendra, 1999
Kosovo's 'Supervised Independence' - the Ahtisaari Plan
Kosovo: The global significance of independence - Bruce Fein:
Independence promotes stability - 24 February 2008]
The Security Council,
Bearing in mind the purposes and principles of the Charter of the
United Nations, and the primary responsibility of the Security
Council for the maintenance of international peace and security,
Recalling its resolutions 1160 (1998) of 31 March 1998, 1199 (1998)
of 23 September 1998, 1203 (1998) of 24 October 1998 and 1239 (1999)
of 14 May 1999,
Regretting that there has not been full compliance with the
requirements of these resolutions,
Determined to resolve the grave humanitarian situation in Kosovo,
Federal Republic of Yugoslavia, and to provide for the safe and free
return of all refugees and displaced persons to their homes,
Condemning all acts of violence against the Kosovo population as
well as all terrorist acts by any party,
Recalling the statement made by the Secretary-General on 9 April
1999, expressing concern at the humanitarian tragedy taking place in
Kosovo,
Reaffirming the right of all refugees and displaced persons to
return to their homes in safety,
Recalling the jurisdiction and the mandate of the International
Tribunal for the Former Yugoslavia,
Welcoming the general principles on a political solution to the
Kosovo crisis adopted on 6 May 1999 (S/1999/516, annex 1 to this
resolution) and welcoming also the acceptance by the Federal
Republic of Yugoslavia of the principles set forth in points 1 to 9
of the paper presented in Belgrade on 2 June 1999 (S/1999/649, annex
2 to this resolution), and the Federal Republic of Yugoslavia's
agreement to that paper,
Reaffirming the commitment of all Member States to the sovereignty
and territorial integrity of the Federal Republic of Yugoslavia and
the other States of the region, as set out in the Helsinki Final Act
and annex 2,
Reaffirming the call in previous resolutions for substantial
autonomy and meaningful self-administration for Kosovo,
Determining that the situation in the region continues to constitute
a threat to international peace and security,
Determined to ensure the safety and security of international
personnel and the implementation by all concerned of their
responsibilities under the present resolution, and acting for these
purposes under Chapter VII of the Charter of the United Nations,
Decides that a political solution to the Kosovo crisis shall be
based on the general principles in annex 1 and as further elaborated
in the principles and other required elements in annex 2;
Welcomes the acceptance by the Federal Republic of Yugoslavia of the
principles and other required elements referred to in paragraph 1
above, and demands the full cooperation of the Federal Republic of
Yugoslavia in their rapid implementation;
Demands in particular that the Federal Republic of Yugoslavia put an
immediate and verifiable end to violence and repression in Kosovo,
and begin and complete verifiable phased withdrawal from Kosovo of
all military, police and paramilitary forces according to a rapid
timetable, with which the deployment of the international security
presence in Kosovo will be synchronized;
Confirms that after the withdrawal an agreed number of Yugoslav and
Serb military and police personnel will be permitted to return to
Kosovo to perform the functions in accordance with annex 2;
Decides on the deployment in Kosovo, under United Nations auspices,
of international civil and security presences, with appropriate
equipment and personnel as required, and welcomes the agreement of
the Federal Republic of Yugoslavia to such presences;
Requests the Secretary-General to appoint, in consultation with the
Security Council, a Special Representative to control the
implementation of the international civil presence, and further
requests the Secretary-General to instruct his Special
Representative to coordinate closely with the international security
presence to ensure that both presences operate towards the same
goals and in a mutually supportive manner;
Authorizes Member States and relevant international organizations to
establish the international security presence in Kosovo as set out
in point 4 of annex 2 with all necessary means to fulfil its
responsibilities under paragraph 9 below;
Affirms the need for the rapid early deployment of effective
international civil and security presences to Kosovo, and demands
that the parties cooperate fully in their deployment;
Decides that the responsibilities of the international security
presence to be deployed and acting in Kosovo will include:
Deterring renewed hostilities, maintaining and where necessary
enforcing a ceasefire, and ensuring the withdrawal and preventing
the return into Kosovo of Federal and Republic military, police and
paramilitary forces, except as provided in point 6 of annex 2;
Demilitarizing the Kosovo Liberation Army (KLA) and other armed
Kosovo Albanian groups as required in paragraph 15 below;
Establishing a secure environment in which refugees and displaced
persons can return home in safety, the international civil presence
can operate, a transitional administration can be established, and
humanitarian aid can be delivered;
Ensuring public safety and order until the international civil
presence can take responsibility for this task;
Supervising demining until the international civil presence can, as
appropriate, take over responsibility for this task;
Supporting, as appropriate, and coordinating closely with the work
of the international civil presence;
Conducting border monitoring duties as required;
Ensuring the protection and freedom of movement of itself, the
international civil presence, and other international organizations;
Authorizes the Secretary-General, with the assistance of relevant
international organizations, to establish an international civil
presence in Kosovo in order to provide an interim administration for
Kosovo under which the people of Kosovo can enjoy substantial
autonomy within the Federal Republic of Yugoslavia, and which will
provide transitional administration while establishing and
overseeing the development of provisional democratic self-governing
institutions to ensure conditions for a peaceful and normal life for
all inhabitants of Kosovo;
Decides that the main responsibilities of the international civil
presence will include:
Promoting the establishment, pending a final settlement, of
substantial autonomy and self-government in Kosovo, taking full
account of annex 2 and of the Rambouillet accords (S/1999/648);
Performing basic civilian administrative functions where and as long
as required;
Organizing and overseeing the development of provisional
institutions for democratic and autonomous self-government pending a
political settlement, including the holding of elections;
Transferring, as these institutions are established, its
administrative responsibilities while overseeing and supporting the
consolidation of Kosovo's local provisional institutions and other
peace-building activities;
Facilitating a political process designed to determine Kosovo's
future status, taking into account the Rambouillet accords
(S/1999/648);
In a final stage, overseeing the transfer of authority from Kosovo's
provisional institutions to institutions established under a
political settlement;
Supporting the reconstruction of key infrastructure and other
economic reconstruction;
Supporting, in coordination with international humanitarian
organizations, humanitarian and disaster relief aid;
Maintaining civil law and order, including establishing local police
forces and meanwhile through the deployment of international police
personnel to serve in Kosovo;
Protecting and promoting human rights;
Assuring the safe and unimpeded return of all refugees and displaced
persons to their homes in Kosovo;
Emphasizes the need for coordinated humanitarian relief operations,
and for the Federal Republic of Yugoslavia to allow unimpeded access
to Kosovo by humanitarian aid organizations and to cooperate with
such organizations so as to ensure the fast and effective delivery
of international aid;
Encourages all Member States and international organizations to
contribute to economic and social reconstruction as well as to the
safe return of refugees and displaced persons, and emphasizes in
this context the importance of convening an international donors'
conference, particularly for the purposes set out in paragraph 11
(g) above, at the earliest possible date;
Demands full cooperation by all concerned, including the
international security presence, with the International Tribunal for
the Former Yugoslavia;
Demands that the KLA and other armed Kosovo Albanian groups end
immediately all offensive actions and comply with the requirements
for demilitarization as laid down by the head of the international
security presence in consultation with the Special Representative of
the Secretary-General;
Decides that the prohibitions imposed by paragraph 8 of resolution
1160 (1998) shall not apply to arms and related matériel for the use
of the international civil and security presences;
Welcomes the work in hand in the European Union and other
international organizations to develop a comprehensive approach to
the economic development and stabilization of the region affected by
the Kosovo crisis, including the implementation of a Stability Pact
for South Eastern Europe with broad international participation in
order to further the promotion of democracy, economic prosperity,
stability and regional cooperation;
Demands that all States in the region cooperate fully in the
implementation of all aspects of this resolution;
Decides that the international civil and security presences are
established for an initial period of 12 months, to continue
thereafter unless the Security Council decides otherwise;
Requests the Secretary-General to report to the Council at regular
intervals on the implementation of this resolution, including
reports from the leaderships of the international civil and security
presences, the first reports to be submitted within 30 days of the
adoption of this resolution;
Decides to remain actively seized of the matter.
Annex 1
Statement by the Chairman
on the conclusion of the meeting of the G-8 Foreign Ministers
held at the Petersberg Centre on 6 May 1999
The G-8 Foreign Ministers adopted the following general principles
on the political solution to the Kosovo crisis:
Immediate and verifiable end of violence and repression in Kosovo;
Withdrawal from Kosovo of military, police and paramilitary forces;
Deployment in Kosovo of effective international civil and security
presences, endorsed and adopted by the United Nations, capable of
guaranteeing the achievement of the common objectives;
Establishment of an interim administration for Kosovo to be decided
by the Security Council of the United Nations to ensure conditions
for a peaceful and normal life for all inhabitants in Kosovo;
The safe and free return of all refugees and displaced persons and
unimpeded access to Kosovo by humanitarian aid organizations;
A political process towards the establishment of an interim
political framework agreement providing for a substantial
self-government for Kosovo, taking full account of the Rambouillet
accords and the principles of sovereignty and territorial integrity
of the Federal Republic of Yugoslavia and the other countries of the
region, and the demilitarization of the KLA;
Comprehensive approach to the economic development and stabilization
of the crisis region.
Annex 2
Agreement should be reached on the following principles to move
towards a resolution of the Kosovo crisis:
An immediate and verifiable end of violence and repression in
Kosovo.
Verifiable withdrawal from Kosovo of all military, police and
paramilitary forces according to a rapid timetable.
Deployment in Kosovo under United Nations auspices of effective
international civil and security presences, acting as may be decided
under Chapter VII of the Charter, capable of guaranteeing the
achievement of common objectives.
The international security presence with substantial North Atlantic
Treaty Organization participation must be deployed under unified
command and control and authorized to establish a safe environment
for all people in Kosovo and to facilitate the safe return to their
homes of all displaced persons and refugees.
Establishment of an interim administration for Kosovo as a part of
the international civil presence under which the people of Kosovo
can enjoy substantial autonomy within the Federal Republic of
Yugoslavia, to be decided by the Security Council of the United
Nations. The interim administration to provide transitional
administration while establishing and overseeing the development of
provisional democratic self-governing institutions to ensure
conditions for a peaceful and normal life for all inhabitants in
Kosovo.
After withdrawal, an agreed number of Yugoslav and Serbian personnel
will be permitted to return to perform the following functions:
Liaison with the international civil mission and the international
security presence;
Marking/clearing minefields;
Maintaining a presence at Serb patrimonial sites;
Maintaining a presence at key border crossings.
Safe and free return of all refugees and displaced persons under the
supervision of the Office of the United Nations High Commissioner
for Refugees and unimpeded access to Kosovo by humanitarian aid
organizations.
A political process towards the establishment of an interim
political framework agreement providing for substantial
self-government for Kosovo, taking full account of the Rambouillet
accords and the principles of sovereignty and territorial integrity
of the Federal Republic of Yugoslavia and the other countries of the
region, and the demilitarization of UCK. Negotiations between the
parties for a settlement should not delay or disrupt the
establishment of democratic self-governing institutions.
A comprehensive approach to the economic development and
stabilization of the crisis region. This will include the
implementation of a stability pact for South-Eastern Europe with
broad international participation in order to further promotion of
democracy, economic prosperity, stability and regional cooperation.
Suspension of military activity will require acceptance of the
principles set forth above in addition to agreement to other,
previously identified, required elements, which are specified in the
footnote below.(1) A military-technical agreement will then be
rapidly concluded that would, among other things, specify additional
modalities, including the roles and functions of Yugoslav/Serb
personnel in Kosovo:
Withdrawal
Procedures for withdrawals, including the phased, detailed schedule
and delineation of a buffer area in Serbia beyond which forces will
be withdrawn;
Returning personnel
Equipment associated with returning personnel;
Terms of reference for their functional responsibilities;
Timetable for their return;
Delineation of their geographical areas of operation;
Rules governing their relationship to the international security
presence and the international civil mission.
Notes
Other required elements:
A rapid and precise timetable for withdrawals, meaning, e.g., seven days to
complete withdrawal and air defence weapons withdrawn outside a 25 kilometre
mutual safety zone within 48 hours;
Return of personnel for the four functions specified above will be under the
supervision of the international security presence and will be limited to a
small agreed number (hundreds, not thousands);
Suspension of military activity will occur after the beginning of verifiable
withdrawals;
The discussion and achievement of a military-technical agreement shall not
extend the previously determined time for completion of withdrawals.
|