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An informative book focusing on the internationalisation and legalisation of peace agreements to settle intra-state conflicts between state and non-state parties. Cindy Wittke focuses on two key issues: how international courts and tribunals deal with peace agreements; and what implications the United Nations Security Council's involvement in the negotiation and implementation of peace agreements has for the agreements' legal nature, the status of the non-state parties to agreements and the interpretation of peace agreements. Wittke argues that the processes of negotiating and implementing peace agreements between state and non-state parties create new spheres, spaces and forms of post-conflict law making and law enforcement. For example, contemporary peace agreements can simultaneously take the form and function of internationalised transitional constitutions and agreements governed by international law. The resulting characteristics of contemporary peace agreement lead to permanent ambiguities shaping their interpretation and enforcement.
This book was first published in 2001. The Kosovo Conflict and International Law provides international lawyers, scholars and students with access to material on the conflict in Kosovo. As well as the basic material relating to Kosovo's status in Yugoslavia before 1999, this volume reproduces the significant documentation on the following issues: the development of the human rights situation, the diplomatic efforts for the settlement of the crisis, the military action against Yugoslavia and the international community's response, court action with regard to the conflict, and the implementation of the principles for a political solution with an international civil and security presence in Kosovo. Dr Krieger's analytical introduction provides the historical and political context as well as an overview of the various legal aspects of the conflict. A chronology and detailed index make the documents more accessible.
The war in Kosovo was a turning point: NATO deployed its armed forces in war for the first time, and placed the controversial doctrine of 'humanitarian intervention' squarely in the world's eye. It was an armed intervention for the purpose of implementing Security Council resolutions-but without Security Council authorization.This report tries to answer a number of burning questions, such as why the international community was unable to act earlier and prevent the escalation of the conflict, as well as focusing on the capacity of the United Nations to act as global peacekeeper.The Commission recommends a new status for Kosovo, 'conditional independence', with the goal of lasting peace and security for Kosovo-and for the Balkan region in general. But many of the conslusions may be beneficially applied to conflicts the world-over.