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This book brings together for the first time a comprehensive documentary record of the crisis in the former Yugoslavia, tracing the responses both of the United Nations and regional organisations. Many of the documents reproduced are otherwise inaccessible. This volume contains all relevant UN Security Council Resolutions and Presidential Statements together with the records of the debates leading to their adoption; reports on the crisis compiled by the UN Secretary-General; and extracts from decisions and debates in the UN General Assembly. The efforts of regional organisations are reflected in general documents from, amongst others, the EC, NATO, the Western European Union, the Conference on Security and Cooperation in Europe, the Organisation of the Islamic Conference, and the Non-Aligned Movement.
This collection of essays examines Yugoslavia's dissolution and the subsequent wars.
The demise of the former Yugoslavia was brought about by various secessionist movements seeking international recognition of statehood. This book provides a critical analysis from an international law perspective of the break-up of Yugoslavia. Although international recognition was granted to the former Yugoslav republics of Slovenia, Croatia, Bosnia-Hercegovina and Macedonia, the claims of secessionist movements that sought a revision of existing internal federal borders were rejected. The basis upon which the post-secession international borders were accepted in international law involved novel applications of international law principles of self-determination of peoples and uti possidetis. This book traces the developments of these principles, and the historical development of Yugoslavia's internal borders.
Europe's recognition of new states in Yugoslavia remains one of the most controversial episodes in the Yugoslav crisis. Richard Caplan offers a detailed narrative of events, exploring the highly assertive role that Germany played in the episode, the reputedly catastrophic consequences of recognition (for Bosnia-Herzegovina in particular) and the radical departure from customary state practice represented by the EC's use of political criteria as the basis of recognition. The book examines the strategic logic and consequences of the EC's actions but also explores the wider implications, offering insights into European security policy at the end of the Cold War, the relationship of international law to international relations and the management of ethnic conflict. The significance of this book extends well beyond Yugoslavia as policymakers continue to wrestle with the challenges posed by violent conflict associated with state fragmentation.
In this work, two former State Department lawyers provide an account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. The text is based on their personal experience, research and interviews with key players in the process.
All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.
This title was first published in 2000: Yugoslavia’s dissolved at a time when rhetoric of the New World Order was firmly established in legal and political discourse. Nevertheless, the largely positive appraisal of international law’s response to the Iraq - Kuwait conflict has not been mirrored in relation to Yugoslavia. This book evaluates the peace-making efforts of the major institutional actors, whilst focusing specifically on the Badinter Arbitration Commission, an ad hoc EC-created organ required to provide legal advice on the issues surrounding Yugoslavia’s dissolution. Initially composed of constitutional lawyers, aiming to redraft Yugoslavia’s constitution, the Commission soon faced problems of public international law. Its’ jurisprudence challenges international lawyers to reassess their state-centric conceptions of international law in a world where most conflicts, war crimes and human-rights abuses exist within rather than between States. This book is vital reading for anyone interested in international law, international relations, politics and central/eastern European studies.
The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.
This book traces the failure of international action in Kosovo from the late 1980s until NATO intervention in 1999, and endeavours to explain why, during that time, so many opportunities for making peace were squandered. Applying methodology developed by the EU Conflict Prevention Network, it divides the conflict into four main phases and examines how, at each, chances for settlement were either lost or overlooked. It considers policy alternatives available at the time, and hypothesises reasons why these were ultimately discarded. Drawing on a wide range of sources, including the author’s own experience of the negotiations process, this book presents a hitherto unexplored thesis of the Kosovo conflict, that of a ‘lag’ in international action in relation to the situation on the ground, and seeks to draw from these failures some central lessons for the future of conflict prevention.