The Rambouillet process sought to re‐establish autonomous governance andhuman rights for Kosovo, under the protection of the international community. However, the Kosovo authorities had committed themselves to outright independence while the Federal Republic of Yugoslavia consistently rejected any international interest in the affairs of Kosovo, which it considered an entirely domestic matter. To reconcile these irreconcilable views, an initial attempt was made to establish self‐governance for Kosovo for an interim period, without touching upon the issue of the status of that territory. As the Rambouillet conference progressed, the Contact Group moved significantly towards the FRY/Serb demand of expressly confirming its continued sovereignty and territorial integrity over Kosovo. While this and other concessions did not help to engage the FRY in the negotiating process, itjeopardized the acceptance of the agreement by Kosovo. The negotiations werebacked by the threat of the use of force, which could only be innovatively justified by reference to the doctrine of humanitarian intervention, inasmuch as there existed no formal Security Council mandate. However, the credibility of that threat was initially undermined by splits within the Contact Group during the actual negotiations, which also extended to implementation of the agreementupon acceptance by NATO. Moreover, the negotiations were hampered by thefact that one of the three principal international negotiators openly sided withone of the parties and essentially represented it. Encouraged by these divisions, Belgrade manoeuvred itself into a position of direct confrontation with NATO, which could now genuinely argue that the grave humanitarian emergency in Kosovo could only be addressed through acceptance of the Rambouilletaccord by Yugoslavia, even if sustained military attacks were required to achieve that end.
The adoption of the Rome Statute of the International Criminal Court (ICC) adopted in 1998, marked the culmination of the international constitutional law–making of the twentieth century. The Statute reflects a vision of an advanced universal legal order, administered through a process of multilayered international governance. In this article the author examines the key elements of this design, including the doctrine of universality of international criminal jurisdiction, the process of universal law–making and international institution–building. The author places these concepts, and the ICC itself, into the context of the emerging international constitutional order. He also considers the attempts of the United States government to undermine some of the key assumptions that underpin the concept of the ICC. In addition to analysing the objections put by the US government, the author addresses its campaign in the United Nations Security Council to exempt US service personnel and others from the reach of the court. He argues that this episode represents a very important factor in the possible development of two parallel international legal systems: one of universal application, and a special set of rules and exemptions that, it is argued, should only apply to the one remaining superpower.
The Vienna negotiations on the final status for Kosovo were an impossible project. It was clear at the outset that both parties would not be able to find common ground on the status issue. However, the talks focused on the practical issues of governance in Kosovo, such as decentralization, community rights and cultural heritage. It was thought that these could be addressed, initially at least, in a status‐neutral way. While the parties did not manage to agree on all or most of these problems, the UN Special Envoy, Martti Ahtisaari, generated a comprehensive proposal offering compromise solutions that should have been acceptable to both sides. The recommendation of the Special Envoy in favour of supervised independence was deliberately separated from the comprehensive proposal. It was thought that the UN Security Council would at least endorse the proposal, even if it was ultimately unwilling to pronounce itself in favour of independence. The issue of status might then be settled outside the Council. However, when it appeared to some states on the Council that endorsement of the substantive Ahtisaari plan would in fact be tantamount to acceptance of independence, this avenue was closed.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.