The situation in Kosovo up to 1999, and all attempts which failed in order to find a just and lasting solution for that problem, have fully justified the above criteria for a lawful humanitarian intervention which was undertaken by the NATO forces against the territory of the Federal Republic of Yugoslavia. It seems, however, that the responsible persons in the NATO were not aware of the competence of the International Criminal Tribunal for the former Yugoslavia to investigate to prosecute persons responsible for use of prohibited arms and for destruction of some objects. Some of these unlawful acts constitute grave breaches of the 1959 Geneva Conventions and violations of laws and customs of war. In these circumstances it is the legal duty of the Prosecutor to undertake an investigation. In case that he fails in his duty, there are no statutory limits in respect of the crimes provided in the Statute of the Tribunal. (SOI : SOEU: S. 98f.) + Most legal writers in their writings confuse notions of humanitarian intervention, intervention of a State in order to protect its citizens abroad and humanitarian relief. The use of force for protection of citizens abroad, when they are in immediate danger of losing their lives or suffering serious injury, can exceptionally be justified by a state of necessity as regulated in article 33 of Drafts Article on State Responsibility by the International Law Commission. Further conditions for such an intervention are provided in the wording of the US State Secretar, Daniel Webster in the Caroline case of 1837, relating to the self-defence. Actions of humanitarian relief have nothing unlawful in their character, but a question can arise of the obligation of parties to a conflict to receive and allow its distribution to a who are in need. The 1949 Geneva Conventions and the First Protocol of 1977, provide in this respect a legal obligation of all parties to internation armed conflicts. Such relief actions can be imposed as obligation to parties to internal armed conflicts as well, by UN Security Council resolutions based on Chap. VII of the UN Charter. + In the view of this author there is no rule of positive international law granting a right to foreign States to intervene by force, either in protection of their citizens, or when a humanitarian intervention is required. The matter can only be of exceptional circumstances precluding wrongfulness of the use of force, which otherwise remains prohibited. When the matter is of humanitarian intervention, circumstances precluding the wrongfulness would, according to this author, be the following: (1) There should be a situation of systematic, repeated and widespread commission of international crimes by a State authority against its own citizens. Special problems are created to the international community by widespread practices of ethnic cleansing. (2) Such a situation constitutes itself a "threat to the peace" calling for an enforcement action by the Security Council according to the Chap. VII of the UN Charter. (3) In case that the Security Council fails in its primary responsibility of maintaining international peace and security and when there are no other means, a group of States or an organization can undertake a humanitarian intervention by use of force in order to stop the commission of crimes. In these circumstances it acts as de facto organ of the entire international community of States. (4) In these extreme and exceptional circumstances, States taking part in such an action cannot obtain any advantages in their profit. (5) Collective intervention by a single State acting in the name of several other States or an organization. However, even such an intervention should have priority over humanitarian intervention undertaken by a State acting in its o name. (6) It is self-evident that in performing a humanitarian intervention there should not be committed international crimes especially against protected persons, including civilian population
Ova teza treba da istraži vezu između motiva, ciljeva i principa kanadske spoljno-političke agende, u odnosu na njen učinak na području očuvanja i izgradnje mira na Zapadnom Balkanu. Vremenski opseg obuhvata period od 1991. do 1999.godine. U vezi sa pojašnjenjem ovog pitanja, posebno se elaborira idejna osnova te spoljno-političke agende, zatim njeno formiranje kroz viziju međunarodne pozicije Kanade u međunarodnoj politici i na kraju kontekstualizacija te vizije u spoljno-političku misiju Kanade u regiji Zapadnog Balkana. Teza na teorijskom nivou uključuje istraživanje savremenih trendova u oblasti bezbjednosti, uticaja ideja na spoljnu politiku, proces kreiranja i realizacije spoljno-politikih strategija kao i istraživanje učinka spoljno-političkih akcija u kontekstu očuvanja i izgradnje mira. Naučni cilj ovog istraživanja je evaluacija učinka onog dijela kanadske agende ljudske bezbjednosti koji se odnosi na učešće u međunarodnim mirovnim misijama na Zapadnom Balkanu tokom devedesetih godina prošlog vijeka. Teza se zasniva na činjenici da kanadski pristup i doprinos regionalnoj bezbjednosti, posmatran iz ugla teorijskog pravca ljudske bezbjednosti, u regiji Zapadnog Balkana nije dovoljno istražen na naučnoj osnovi. To se posebno odnosi na učinak kanadskih snaga u okviru međunarodnih mirovnih misija u Hrvatskoj, BiH i na Kosovu, u odnosu na kanadsku agendu ljudske bezbjednosti. Naučni doprinos ovog rada bio bi u naučnoj sintezi međunarodno afirmisane agende ljudske bezbjednosti i njenoj kontekstualnoj primjeni kroz djelovanje kanadske mirovne misije u Regiji. Društveni doprinos ovog rada ogleda se u činjenici da se na temeljan način skreće pažnja stručnoj javnosti na kanadski doprinos izgradnji mira na Zapadnom Balkanu, na osnovama liberalnog internacionalizma. ; This thesis aims to explore the links among the motives, purposes and principles of the Canadian foreign policy agenda, with respect to its impact in the field of preserving and building peace in the Western Balkans. The timeframe covers the period from 1991 to1999. With regards to the clarification of this issue, particularly elaborated is the conceptual basis for this foreign policy agenda, then its shaping through the vision of the international position of Canada in the global politics and finally the contextualization of this vision into the Canadian foreign policy mission in the Western Balkans. On a theoretical level, the thesis includes the research into contemporary trends in the field of security, the impact of ideas on foreign policy, the development and implementation of foreign policy strategy, and it also explores the impact of foreign policy actions in the context of preserving and building peace. The scientific objective of this research is appraisal of the effect of that part of Canadian human security agenda relating to participation in international peacekeeping missions in the Western Balkans during the nineteen nineties. The thesis is based on the fact that the Canadian approach and contribution to regional security, observed from the perspective of the theoretical line of human security in the Western Balkans region has not been sufficiently explored from the scientific point of view. This is especially true of the effect of the Canadian troops in the international peacekeeping missions in Croatia, Bosnia and Herzegovina and in Kosovo, in relation to the Canadian human security agenda. Scientific contribution of this work would be in the scientific synthesis of the internationally-established human security agenda and its application through contextual actions of Canadian peacekeeping mission in the region. The social contribution of this work is reflected in the fact that the attention is drawn to the expert public in a fundamental way to the Canadian contribution towards peacebuilding in the Western Balkans, on the bases of liberal internationalism.
Despite the progress in all fields, modern society is facing the development of the means of political violence. Technological development also has its dangerous side. Many researches in the field of science are often carried out for the sake of military needs, and scientific researchers are often misused in military purpose. Political violence represents one of the greatest threats for the democratic development and human rights in contemporary society. The main goal of this paper is to analyze the position of political violence in contemporary society, particularly focusing on its covert use by the great powers, which is often justified by the struggle for democracy and achieving human rights. In that sense this paper is divided into two parts. The first part analyzes the globalization process, underling that this process has double face, whose negative side can significantly contribute to the spread of political violence. In the second part the author deals with the relations between policy and violence in contemporary society. The paper underlines the need for critical approach to political violence. This critical approach is crucial for understanding of political violence which is the first step in the fight against it. Political violence is not always negative and sometimes can have a positive role, especially when it comes to defensive war and combating terrorism. But the main problem here is that this can be misused to justify political violence in general. What is positive and what is the negative role of political violence often depends on the perspective of observation. Unfortunately, it seems that the privilege to enforce the standard today is reserved only for great powers, and they have become main judges who decide when political violence is to be approved of or not. This is the way in which a war becomes humanitarian interventions, protection of human rights, etc. That is why it is of great importance to encourage and initiate all actions in science which aim to understand and counter this complex phenomenon.
The article explores the process that led to Kosovo's unilateral declaration of independence and argues that the willingness of many countries to contribute to the creation of Kosovo as cannot be explained solely by humanitarian concerns, and the remedial understanding of the right to self-determination. What seems to have motivated the Western powers was also the recent memory of the UN's failure to stop the internecine wars which characterised the SFRY's dissolution (particularly the war in Bosnia), as well as the rejection on the part of the international community with the way in which Kosovan autonomy, previously entrenched in the SFRY constitution of 1974, had been emasculated from 1989 onwards by both Serbia and the FRY in a process which served to deny Kosovo Albanians both the minority rights and the right of internal self-determination. Finally, the article speculates on the long-term implications of the Kosovo intervention. Instead of being seen as a 'unique case', the intervention in Kosovo may be seen as the consolidation of a growing European commitment to the rights of internal minorities, including the right to territorial autonomy for national minorities. Adapted from the source document.
The war in Kosovo and Metohia was the result of a decade long tensions between ethnic Serbs and Albanians. It was led from the air in order to avoid more potential victims in case of land invasion. The end of war was the result of mutual concessions: from NATO side and the Serbian one. The sovereignty of FRY was not put into question, but a great autonomy of Kosovo was predicted including the possibility of independence acquisition (secession). The Resolution 1244 was not abolished, but it was being derogated in order to prepare the fundament of Kosovo independence. Serbian military-security forces were withdrawn from the territory of Kosovo and Metohia. NATO intervention was not legal from the point of view of international law, but it subordinated sovereignty to human rights. Intervention was justified in cases of humanitarian need. Event though humanitarian need (catastrophe) is taken as the basis for the intervention, the example of such kind could not be found in the past. So, Kosovo cases were qualified as sui generis one. Thus, the war in Kosovo became an example to be followed in the future, and an unresolved situation may become the threat to the peace and security in the surrounding countries. Democratic countries give themselves the right to interfere and intervene into internal affairs of others differently from the autocratic ones, which was supposed to be neither correct nor consistent. Kosovo conflict and war rattled global power structure, especially with China and Russia as new challengers of the USA power. Both countries are trying hard to reach USA, but they are still in transition with unstable financial systems, migrations and unresolved system of social protection. Regarding Kosovo conflict and war, they engaged themselves rather indirectly than directly. As Security Council permanent members they were voting against the independence of Kosovo, but did not involve themselves into the war directly. Kosovo war showed how China is backward regarding war technique, and Russia regarding financial engagement. In addition, China expected membership in WTO, and Russia a great financial assistance. Russia engaged in negotiations via the Contact Group. With the arrival of Putin, Russia could not engage in Balkan more militarily but only commercially due to the fact most Balkan countries entered NATO or Partnership for Peace Programme. Internal cohesion of Russia with centralistic governance was reinforced, and ethnic tensions were calmed down. The perspective of Russia is United Nations and commerce through pipeline.