AN ASSESSMENT OF THE EFFECTIVENESS OF INTERNATIONAL HUMANITARIAN LAW IN CASES OF MILITARY INTERVENTION: THE CASE OF FEDERAL REPUBLIC OF YUGOSLAVIA (UNSCR 1244).

Abstract

Military intervention is a crucial tool used to compel nation states to abide by the principles of international law. The United Nations, through its Charter (Chapter VII) authorises the use of force by the UN and or regional organisations as a legitimate method of settling international disputes. Numerous interventions have therefore been carried out ever since the end of the Second World War. A closer look on the majority of these interventions however shows that the conduct of the forces taking part in these interventions turn to violet some other crucial principles of international law. Additional protocol 1 of 1977 to the 1949 Geneva protocols provides for the regulations in terms of the conduct of forces in an armed conflict. The protocol provides for the means as well as the methods of war which parties to a conflict should consider so as to minimise civilian carnage and injuries as well as damage on civilian objects. In 1999, from March 24 to June 09, thirteen of the nineteen North Atlantic Treaty Organisation (NATO) members intervened militarily in the former Federal Republic of Yugoslavia to curb the orchestrated Serb persecution of the Albanian ethnic population. On the 10th of June the same year, United Nations Security Council (UNSC) passed the UNSC Resolution 1244 which resulted in the formation of the United Nations Mission in Kosovo (UNMIK) which was to stay in Serbia to monitor peace in the nation. During the period starting from the 24th of March 1999 when NATO bombing campaign code-named Operation Allied Force started and during the stay of the UN peace keeping forces in the selected parts of Federal Republic of Yugoslavia, the humanitarian situation changed considerably in the host nation. Although international law do provide for the regulations with regard to the conduct of hostilities, it should be noted that war by its nature makes it difficult for the forces involved to follow some of the restrictions as these may at times affect their chances of success. An assessment of the military intercourse in FRY helps notice these challenges and some of the violations that may have been experienced while at the same time providing with technical knowledge on what military forces in an armed conflict should conduct thems