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21. Editors' Introduction

Author:
Dan Moore and Aaron Kreaden
Publication Date:
04-2015
Content Type:
Journal Article
Journal:
The Journal of International Law and International Relations
Institution:
Munk School of Global Affairs at the University of Toronto
Abstract:
In its advisory opinion on Kosovo's unilateral declaration of independence, released about a month before this issue went to press, the International Court of Justice was forced to reflect on the appropriate role of the international judiciary in political disputes. Finding that it had the jurisdiction to consider the General Assembly's question, the Court rejected the idea that there can be a clear division between the political and the legal: “the fact that a question has political aspects does not suffice to deprive it of its character as a legal question”.
Political Geography:
Kosovo

22. A Look Back at NATO’s 1999 Kosovo Campaign: A Questionably "Legal" but Justifiable Exception?

Author:
Ralph R. Steinke
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Connections
Institution:
Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
Abstract:
It was the last European war in a bloody century of European wars. Less than ten years after the collapse of the Berlin Wall, the 1999 Kosovo War—Operation Allied Force, as the North Atlantic Treaty Organization (NATO) referred to it—was unique in many respects. From the perspectives of both international law and the law of armed conflict, it significantly challenged the limits of jus ad bellum, the international laws of war governing the circumstances under which nations are permitted to use force, as well as jus in bello, the laws of war relating to proper conduct in war.[1] After decades of a NATO-Warsaw Pact standoff in Europe and proxy wars elsewhere it was not self-defense, but rather humanitarian considerations, that drew the NATO Alliance, with the United States in the forefront, into this conflict. While the seventy-eight-day NATO bombing campaign captured the world’s attention, not long after its conclusion this military operation began to fade from the public memory. Beyond the Balkans, a little more than two years after the Kosovo War’s conclusion, the traumatic events of September 11, 2001, would virtually remove global examination and recollections of the Kosovo conflict from the agenda. The United States and much of the world embarked on an entirely new, 21st century ideological and combative struggle: fighting the scourge of terrorism. Nevertheless, the Kosovo War has alternatively been referred to as a reference point by Americans who have sought a response to the Syrian conflict as well as by Vladimir Putin as justification for his claims to Crimea and the “protection” of Russian nationals. Some sixteen years after the Kosovo conflict and Operation Allied Force, it is worth asking: are there any insights to be recalled and gained from this conflict? What has been the war’s effect on the law of international armed conflict to date? Is Mr. Putin right to refer to the Kosovo campaign as his justification for the use of force, either implied or explicit, in Crimea or greater Ukraine? It will be argued here that in spite of significant concern and warnings then that the Kosovo campaign would provide a dangerous precedent for international law and even global stability,[2] it has had a nominal if not negligible effect on the body of international law as informed by jus ad bellum. In spite of Mr. Putin’s attempts to try to identify it as a precedent, the Kosovo campaign was indeed an exception. While it was characterized as a messy and “ugly” affair,[3] it did accomplish what it intended to do: stop the killing of potentially tens of thousands of Kosovar Albanians and the expulsion of hundreds of thousands more from Kosovo, ultimately providing them with a better and more secure life than was possible in the pre-Kosovo campaign period.
Topic:
NATO, War, Conflict, and Collective Defense
Political Geography:
Russia, Europe, Kosovo, and Syria

23. Kosovo 1999 and Crimea 2014: Similarities and Differences

Author:
Pál Dunay
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Connections
Institution:
Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
Abstract:
Since the so-called Kosovo conflict of 1999 the views of states, including those of major players, have been divided as to whether it was a humanitarian intervention or the collective aggression of NATO member states. In 2014 the Russian Federation annexed Crimea and Sevastopol (formally separate entities) to its territory. Since then the argument has shifted and the current disagreement centers around how we should assess these two changes of territorial status quo (Kosovo and Crimea) in Europe. The situation is further complicated as states wish to present their actions as moral and legal (the general expectation is that they do so). This results in a situation where the dominant discourse is supposed to support the aspirations of states both in the east and in the west. The main effort of each party goes in countering the other’s position. It is difficult to get hold of a reliable set of facts, as these are presented selectively by the different parties. A further challenge arises in that different fields are not kept distinct from one another, and hence the legal and political analyses are often used interchangeably and with insufficient differentiation. This is aggravated by the fact that the so-called normative approach to international (and domestic) politics prevails in the analysis. Every state feels compelled to prove that it acts in full accordance with international norms, including legal rules and moral predicaments. However, any attempt to correctly analyze the change of the territorial status quo in the two cases mentioned above requires the contrary: keeping the different aspects strictly separate and only synthesizing the results in the conclusions. In this article I endeavor to keep the legal analysis separate from the political and moral assessment and wish to state in advance that they do not necessarily manifest in the same direction. Moreover, when the topic of analysis is as politically heavy-loaded as the change of territorial status quo in Europe, the international legal assessment must be disaggregated further. Namely, there is the positive international law as it exists, de lege lata, as adopted by the states or as it appears as jus cogens. There is also international law that does not exist, yet about which we speak as de lege ferenda with a view to its future evolution. Such differentiation will be particularly relevant in this case due to the swift evolution of norms in the area of humanitarian intervention relevant as point of reference in the case of Kosovo and the ambiguous content of the right to self-determination in the case of Crimea. International law has a further characteristic feature. Namely, its development cannot flexibly follow historical changes. This is particularly noticeable when major historical changes occur at a rapid pace. This was the case before and during World War II and more recently as the Cold War came to an end. The international system changed and international law in some areas did not follow. The gap between the international system and international law, where the latter forms part and parcel of the former, has widened. Furthermore, universal international law most often requires the consent of states in various regions of the world. This presents a challenge as states often profess different values and their value judgment serves different interests. It is the purpose of this article to present the legal situation that underlies the two cases, the position of the main actors, and attempt to draw separate conclusions as regards the assessment de lege lata and de lege ferenda.
Topic:
NATO, Imperialism, Conflict, and Armed Conflict
Political Geography:
Russia, Europe, Ukraine, Kosovo, and Crimea

24. Conflict in Kosovo through the Conceptual Framework of Stakeholders

Author:
Aneta Nowakowska-Krystman and Marzena Zakowska
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Connections
Institution:
Partnership for Peace Consortium of Defense Academies and Security Studies Institutes
Abstract:
Kosovo has been one of the longest-running ethnic conflicts in contemporary Europe. It can be characterized by the diverse nature of the participating entities and the heterogeneous complexity of their interactions. These aspects violently surfaced during the civil war that lasted for almost two years, from 1998 to 1999. One of the major frameworks for viewing and analyzing the conflict, as well as one capable of seeing to its ultimate resolution, appears to be an assessment of the issues through the conceptual lens of “stakeholders.” This focuses on the specific investments or “stakes”—be they economic, ethnic, historic, or cultural—that each of the participants “holds” in generating the scene of the conflict. This lens provides a significant focus, and is one of the more important research methods employed within the domain of strategic analysis.
Topic:
Civil War, Ethnic Conflict, Violence, and Post Cold War
Political Geography:
Europe, Kosovo, Serbia, and Southeast Europe

25. Applying the Extra-Legal Measures Model to Humanitarian Interventions: A Reply to Devon Whittle

Author:
Oren Gross
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
In ‘The Limits of Legality and the United Nations Security Council: Applying the Extra-Legal Measures Model to Chapter VII Action’, Devon Whittle analogizes the United Nations Security Council’s Chapter VII powers to domestic emergency powers. He then seeks to apply the extra-legal measures (ELM) model of emergency powers, which I developed some 20 years ago, to exercise by the Council of its Chapter VII powers. This brief comment seeks to expand the discussion of ELM in international affairs beyond the collective security system by exploring the application of ELM in the setting of unilateral humanitarian intervention.
Topic:
International Law, Treaties and Agreements, United Nations, International Security, and Humanitarian Intervention
Political Geography:
Europe, Kosovo, United Nations, and Syria

26. The Myth of Entangling Alliances: Reassessing the Security Risks of U.S. Defense Pacts

Author:
Michael Beckley
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
A large literature assumes that alliances entangle the United States in military conflicts that it might otherwise avoid. Since 1945, however, there have been only five cases of what might be characterized as U.S. entanglement—the 1954 and 1995–96 Taiwan Strait crises, the Vietnam War, and the interventions in Bosnia and Kosovo in the 1990s—and even these cases are far from clear-cut. U.S. entanglement is rare because the United States, as a superpower with many allies, is capable of exploiting loopholes in alliance agreements, sidestepping commitments that seriously imperil U.S. interests, playing the demands of various allies off of each other, and using alliances to deter adversaries and allies from initiating or escalating conflicts.
Topic:
Diplomacy, International Cooperation, and International Security
Political Geography:
United States, Bosnia, Vietnam, and Kosovo