Peacemaking in a Transitional Phase of Statehood: Hans Hækkerup

The recent experiences of Kosovo and Serbia illustrate how some of the rights and privileges that traditionally belonged to a sovereign state have become challenged and transformed. First, in March 1999, Kosovo, which was still a part of the Federal Republic of Yugoslavia (FRY), became the target of NATO’s air strikes. NATO’s decision to bomb Kosovo was not backed by any authorization to use force by the UN Security Council. Set aside was both the well-established principle of non-intervention and the rule that the Security Council must authorize military interventions. Thus, the decision violated international law.1 The principal public justification for the air strikes was that it was morally necessary to terminate the gross and systematic violations of human rights in Kosovo. It was argued that since the FRY was responsible for these violations, it had lost its claim to protection under the principle of non-intervention.