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UN Resolution 1244 – Kosovo/Yugoslavia (June 10, 1999). The text

Resolution 1244 (1999) adopted by the United Nations Security Council on June 10, 1999

S / RES / 1244 (1999)

the 10 June 1999

RESOLUTION 1244 (1999)

The Security Council,

Bearing in mind the principles and purposes enshrined in the Charter of the United Nations, as well as 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,

Deploring that the requirements set out in these resolutions have not been fully met,

Determined to remedy the grave humanitarian situation in Kosovo, Federal Republic of Yugoslavia, and to ensure that all refugees and displaced persons can return to their homes in safety and freedom,

Condemning all acts of violence against the population of Kosovo as well as all acts of terrorism, regardless of the perpetrators,

Recalling the statement of 9 April 1999 in which the Secretary-General expressed his concern at the humanitarian catastrophe in Kosovo,

Reaffirming the right of all refugees and displaced persons to return home in safety,

Recalling the jurisdiction and mandate of the International Tribunal for the Former Yugoslavia,
Welcoming with satisfaction the general principles concerning the political solution to the Kosovo crisis adopted on 6 May 1999 (S/1999/516; annex 1 to the present resolution) and welcoming the adherence of the Federal Republic of Yugoslavia to the principles set forth in points 1 to 9 of the document presented in Belgrade on 2 June 1999 (S/1999/649; annex 2 to the present resolution), as well as its agreement with this document,

Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and all other States in the region, within the meaning of the Helsinki Final Act and Annex 2 to this resolution.

Reaffirming its call in previous resolutions for substantial autonomy and genuine self-administration in Kosovo.

Considering that the situation in the region continues to pose a threat to international peace and security,

Resolved to ensure that the safety of international personnel is guaranteed and that all concerned fulfill their responsibilities under this resolution, and acting for these purposes under Chapter VII of the Charter of the United Nations,

1. Decides that the political solution to the crisis in Kosovo shall be based on the general principles set out in Annex 1 and the more detailed principles and conditions set out in Annex 2;

2. Welcomes the adherence of the Federal Republic of Yugoslavia to the principles and conditions referred to in paragraph 1 and demands that the Federal Republic of Yugoslavia cooperate without reservation in their prompt application;

3. Demands in particular that the Federal Republic of Yugoslavia immediately and verifiably put an end to violence and repression in Kosovo, undertake and complete the verifiable and phased withdrawal from Kosovo of all military, paramilitary and police forces following a tight timetable, on the basis of which the synchronized deployment of the international security presence in Kosovo will be carried out;

4. Confirms that upon completion of this withdrawal, an agreed number of Yugoslav and Serbian military and police officers will be permitted to return to Kosovo to carry out the functions set out in Annex 2;

5. Decides to deploy in Kosovo, under the auspices of the United Nations, international civil and security presences equipped with appropriate equipment and personnel, as necessary, and welcomes the agreement of the Federal Republic of Yugoslavia relating to these presences;

6. Requests the Secretary-General to appoint, in consultation with the Security Council, a special representative to lead the establishment of the international civilian presence and further requests him to instruct his special representative to act closely coordination with the international security presence to ensure that the two presences pursue the same goals by providing mutual support;

7. Authorizes Member States and relevant international organizations to establish the international security presence in Kosovo in accordance with point 4 of Annex 2, providing it with all the means it needs to fulfill its responsibilities. paragraph 9;
8. Affirms the need to proceed without delay with the rapid deployment of effective international civilian and security presences in Kosovo and demands that the parties cooperate unreservedly in this deployment;

9. Decides that the responsibilities of the international security presence to be deployed and operating in Kosovo shall be as follows:

a) Prevent the resumption of hostilities, maintain the ceasefire and impose it if necessary, and ensure the withdrawal of federal and Republic military, police and paramilitary forces in Kosovo and prevent them from return to it, if not in accordance with point 6 of Annex 2;
b) Demilitarize the Kosovo Liberation Army (KLA) (editor's note: UCK) and other Kosovo Albanian armed groups, as provided for in paragraph 15;
c) Establish a secure environment for refugees and displaced persons to return home, for the international civilian presence to operate, for an interim administration to be established, and for humanitarian assistance to be delivered;
d) Ensure the maintenance of order and public security until the international civilian presence can take charge;
e) Supervise mine clearance until the international civilian presence can, where appropriate, take charge;
f) Support the work of the international civilian presence as appropriate and ensure close coordination with this work;
(g) Perform the required border surveillance functions;
h) Ensure protection and freedom of movement for itself, for the international civil presence and for other international entities;

10. Authorizes the Secretary General, acting with the assistance of relevant international organizations, to establish an international civilian presence in Kosovo in order to provide an interim administration under which the population of Kosovo can enjoy substantial autonomy within of the Federal Republic of Yugoslavia, and which will ensure a transitional administration, as well as the establishment and supervision of the provisional autonomous democratic institutions necessary so that all the inhabitants of Kosovo can live normally and peacefully;

11. Decides that the main responsibilities of the international civil presence shall be:

(a) Facilitate, pending a final settlement, the establishment of substantial autonomy and self-government in Kosovo, taking fully into account annex 2 and the Rambouillet Accords (S/1999/648);
b) Carry out basic civil administration functions where and for as long as necessary;
c) Organize and supervise the establishment of provisional institutions for autonomous and democratic self-administration pending a political settlement, including the holding of elections;
d) Transfer its administrative responsibilities to the above-mentioned institutions as they are established while supervising and facilitating the strengthening of Kosovo's provisional local institutions, as well as other peacebuilding activities;
e) Facilitate a political process aimed at determining the future status of Kosovo, taking into account the Rambouillet Accords;
f) At a final stage, oversee the transfer of powers from the provisional institutions of Kosovo to the institutions that will have been established within the framework of a political settlement;
g) Facilitate the reconstruction of essential infrastructure and the recovery of the economy;
h) In coordination with international humanitarian organizations, facilitate the delivery of humanitarian aid and disaster relief;
i) Maintain public order, including by establishing local police forces and, in the meantime, deploying international police personnel serving in Kosovo;
j) Defend and promote human rights;
k) Ensure that all refugees and displaced persons can return home safely and unhindered in Kosovo;

12. Stresses the importance of coordinated humanitarian relief operations and of the Federal Republic of Yugoslavia allowing humanitarian organizations free access to Kosovo and cooperating with them to ensure the rapid and efficient delivery of international aid;

13. Encourages all Member States and international organizations to contribute to the economic and social reconstruction as well as the safe return of refugees and displaced persons, and underlines, in this context, the importance of convening, for the stated purposes in paragraph 11 g), in particular, an international donor conference to be held as soon as possible;

14. Demands that all interested parties, including the international security presence, provide their full cooperation to the International Tribunal for the Former Yugoslavia;

15. Demands that the KLA and other Kosovo Albanian armed groups immediately cease all offensive operations and comply with demilitarization requirements as determined by the head of the international security presence in consultation with the Special Representative of the general secretary ;
16. Decides that the prohibitions set forth in paragraph 8 of resolution 1160 (1998) shall not apply to weapons or related equipment for use by the international civilian presence and the international security presence;

17. Welcomes the work that the European Union and other international organizations are doing to develop a comprehensive approach to 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 with a view to promoting democracy, economic prosperity, stability and regional cooperation;

18. Demands that all States in the region cooperate fully in the implementation of this resolution in all its aspects;

19. Decides that the international civilian presence and the international security presence are established for an initial period of 12 months, and will continue thereafter until the Council decides otherwise;

20. Requests the Secretary General to report to it at regular intervals on the implementation of this resolution, including by providing it with reports from those responsible for the international civil presence and the international security presence, the former of which must be submitted to it be submitted within 30 days following the adoption of this resolution;

21. Decides to remain actively seized of the matter.

- ANNEX 1 -

Statement issued by the Chairman of the G8 Foreign Ministers meeting held at the Petersberg Center on 6 May 1999

The G8 Foreign Ministers adopted the following general principles regarding the political solution of the Kosovo crisis:
– Immediate and verifiable end to Kosovo’s violence and repression; – Withdrawal from Kosovo of military, paramilitary and police forces;
– Deployment in Kosovo of an effective international civilian presence and an international security presence, approved by the United Nations, capable of guaranteeing the achievement of the objectives
common;
– Establishment of an interim administration for Kosovo, to be defined by the United Nations Security Council, intended to ensure the conditions for peaceful and normal life for all inhabitants of Kosovo;
– Safe and free return of all refugees and displaced persons and free access of humanitarian aid organizations to Kosovo; – Political process with a view to establishing, on a provisional basis, a
political framework agreement providing for substantial autonomy for Kosovo, which takes full account of the Rambouillet Accords and the principle of sovereignty and territorial integrity of the Federal Republic of Yugoslavia and other countries in the region, and the demilitarization of the ALK;
– Comprehensive approach to economic development and stabilization of the crisis region.

- ANNEX 2 -

Agreement should be reached on the following principles in order to find a solution to the Kosovo crisis:

1. Immediate and verifiable cessation of violence and repression in Kosovo.

2. Verifiable withdrawal from Kosovo of all military, paramilitary and police forces according to a tight timetable;

3. Deployment in Kosovo, under the auspices of the United Nations, of effective international civil and security presences, which could act in accordance with a decision taken under Article VII of the Charter and would be capable of guarantee the achievement of common objectives.

4. The international security presence, with substantial NATO participation, must be deployed under unified command and control and authorized to ensure the security of the entire population of Kosovo and to facilitate the safe return of all displaced persons and all refugees.

5. Following a decision by the United Nations Security Council, establishment, within the framework of the international civilian presence, of an interim administration for Kosovo allowing the population of Kosovo to enjoy a substantial autonomy within the Federal Republic of Yugoslavia. The interim administration will be responsible for ensuring the transitional administration while organizing and supervising the establishment of provisional democratic self-governing institutions capable of guaranteeing conditions enabling all inhabitants of Kosovo to live normally and peacefully.

6. After the withdrawal, an agreed number of Yugoslav and Serbian military personnel will be allowed to return in order to carry out the following tasks:
– Ensure liaison with the international civil presence and the international security presence;
– Mark minefields and clear mines;
– Maintain a presence in Serbian heritage sites;
– Maintain a presence at main border crossings.

7. Safe and free return of all refugees and displaced persons under the supervision of the United Nations High Commissioner for Refugees and free access of humanitarian aid agencies to Kosovo.

8. Political process towards the establishment, on an interim basis, of a political framework agreement providing for substantial autonomy for Kosovo, which takes full account of the Rambouillet Accords and the principle of sovereignty and territorial integrity of the Federal Republic of Yugoslavia and other countries in the region, and the demilitarization of the KLA. Negotiations between the parties towards a settlement should not delay or disrupt the establishment of democratic self-governing institutions.

9. Comprehensive approach to economic development and stabilization of the crisis region. This will include implementing a stability pact for South-Eastern Europe with broad international participation with a view to promoting democracy, economic prosperity, stability and regional cooperation.

10. The cessation of military operations will imply acceptance of the principles set out above as well as the other conditions, already identified, which are recalled in the footnote below*. A military-technical agreement will then be quickly concluded, with a view in particular to defining other modalities, including the role and functions of Yugoslav/Serb personnel in Kosovo.

Withdrawal

Procedures regarding withdrawals, including a detailed and phased timetable and the delineation of a buffer zone in Serbia beyond which forces will withdraw;

Return of staff
– Equipment belonging to personnel authorized to return;
– Definition of functional responsibilities of staff;
– Timetable for the return of staff.

(*) Other conditions:
– A tight and precise withdrawal schedule, for example seven days for a
total withdrawal and 48 hours for a withdrawal of anti-aircraft defense units beyond a 25 km mutual security zone;
– The return of personnel responsible for carrying out the above-mentioned tasks
will be carried out under the supervision of the international security presence. This will be a small number of people agreed in advance (hundreds, not thousands);
– The suspension of military operations will take place after the start of
verifiable withdrawals;
– The negotiation and conclusion of a military-technical agreement
will not result in any extension of the deadlines previously set for the completion of withdrawals.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).