Resolution 1244 does not legally preserve Serbia’s sovereignty over Kosovo



One of the arguments of those who reject the independence of Kosovo is that it violates the International law based on the UN 1244 Resolution. However, a group of famous international law experts who think otherwise, is discussing the issue in a conference organized by The American Society of International Law in Washington DC.

The declaration of Kosovo independence on February 17 reached out on the news headlines across the world. The legality of this act was not only discussed when it occurred, but it still being discussed in the international debates. However, what effects will have this act in the future of the International Law? The followed-up question was being discussed by The American Society of International law whilst a thorough lecture to this question was given by the internationally well-known lawyer of the International Law , Richard Goldstone.

Mr.Goldstone who was a former chairman of an investigation committee on Kosovo future status in 1999, said “Even at that time when Kosovo future status was being discussed ‘we unanimously recommended the supervised independence for Kosovo’ because we knew there was neither any legality nor any fairness to ask Kosovars to return under the Belgrade rule, after considering the fact how they were heinously treated, mass murdered and ethnically cleansed by Serbia.

The preposition was rejected by Russia which it was demanded to preserve the sovereignty of Serbia over Kosovo. Mr. Goldstone explains that "here is a contradiction because while Russia was demanding to preserve Serbia’s sovereignty over Kosovo, simultaneously Russia was supporting the UN resolution to implement the deployment of the UN intermin administration in Kosovo."

The resolution 1244, which it became the basic law of the UN mission in Kosovo, was one of the main discussions at the conference. Paul Williams, a well-known professor of the International law at the American University in Washington DC, said that “ Resolution 1244 does not preserve the sovereignty of Serbia over Kosovo”. “If we make a thorough analysis on the UN Resolution 1244, there does not include that the Former Federal Republic of Yugoslavia has to be asked or decide over the future status of Kosovo whether it will be independent or not”, added Paul Williamson, the famous professor of International law.

According to professor Williams, “the declaration of Kosovo independence does set a precedent, because in the last 15 years, we have encountered at least 26 cases that declared independence and became sovereign countries without any agreement with the country they lived under and the Republic of Kosovo is among them”.

John Bollinger, the legal attorney at the US State Department who presented his argument during the discussion said that” the United States had tried to reach a new resolution over Kosovo but unfortunately it was not possible due to objections from Russia”. He does not agree that Kosovo declared its formal independence in unilateral way. ‘”This is not a unilateral act but it is a coordinated act by the effort a large number of countries that worked on achieving this solution,” the Independence of Kosovo”, added Bollinger, the legal attorney at the US State Department.

The act of Kosovo Independence continues to be discussed in various circles. Additionally, one of the experts said that Kosovars will have to work hard to fight all the myths created following the Independence of Kosovo. Professor Williams said to VOA that the government of Kosovo should not ignore this debate. “This is a serious debate which the government of Kosovo must participate in a very active policy. There are a few myths being created that reject the international recognition of Kosovo independence. Among them is that Resolution 1244 does not permit independence and the independence is an unilateral act and so forth. All of these are myths, fabricated by the chauvinist leadership of Serbia that ignores to understand and learn the international law and resolutions”, said Professor Williams .


VOA

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Jesus beat the devil with two sticks. Colossian 2:13,15

Proud American!

Communism/Socialism is similar to legalizing burglary and murder!

Yes, it does. Period.

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hahahahahha...remember...because of myths you live in illusion...

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Jesus beat the devil with two sticks. Colossian 2:13,15

Proud American!

Communism/Socialism is similar to legalizing burglary and murder!

1244 did not guarantee Serbia getting Kosovo back but it have a thing about "Reaffirming the commitment of all Member States to the sovereignty and
territorial integrity of the Federal Republic of Yugoslavia"

However this wasn't a treaty or some such. This was the UNs plan for moving forward but it was not binding. And it was not a complete plan. Another UN resolution would be needed to finalize it.

If Russia and China didn't have any provinces trying to break away they probably wouldn't have vetoed, a new UN resolution would pass, and Kosovo would be independent in a fully legal manner.

The problem of course is that they did have such regions and they did veto. But the other countries with veto power would have stopped a handover to Serbs.

Personally I do wish some real compromise deal could have been reached were the Kosovars would have their own army have almost all the powers it has now, but still be tied to Serbia as a federation or some such. However I'm guessing that such a deal wouldn't be approved by Serbia or the others. Otherwise I would have expected them to put it forward in the time leading to independence.

Are you proposing more war and bloodshed? If anyone dares to question Kosovo's independence, it will lead to a large scale war that would include all neighboring countries, and perhaps lead to WW3!, are you asking for this?


ANYTHING INVOLVING SERBIA,
THAT MEANS MORE WAR AND MORE BLOODSHED. MORE WAR....MORE PEOPLE WILL DIE....

personally, i would go back to fight for the Freedom of Independence of Kosovo. Not only me, but 10 million of us. We will die before one inch............

__________________
Jesus beat the devil with two sticks. Colossian 2:13,15

Proud American!

Communism/Socialism is similar to legalizing burglary and murder!

If we are to go to war again - well... Not a problem... Albanians are piece of cake

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My avatar: a photo of Sting taken by me

Resolution 1244; http://www.nato.int/Kosovo/docu/u990610a.htm

[quote]
e. Facilitating a political process designed to determine Kosovo's future status, taking into account the Rambouillet accords

Understanding the Rambouillet Accords


http://www.state.gov/www/regions/eur...mbouillet.html