Humanitarian Intervention in Kosovo and Role of States

By

ACKNOWLEDGEMENT

I would take this opportunity to thank my research supervisor, family and friends for their support and guidance without which this research would not have been possible.

DECLARATION

I [type your full first names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification. Furthermore, it represents my own opinions and not necessarily those of the University.

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ABSTRACT

The concept of humanitarian intervention can be traced back to medieval theorists like St.

Thomas Aquinas and international legal theorists such as Vitoria and Grotius. According

to these thinkers, a prince's right to rule his people could be breached if human well-

being was severely compromised due to natural disasters or the prince's own depravity.

Under these circumstances, foreign princes had a right - or, rather, an obligation - to

intervene in order to alleviate human suffering, by force if need be. As the notion of state

sovereignty came increasingly to dominate international law after 1648, humanitarian

intervention fell out of favor. But in the post-Cold War order, the concept appears to

have emerged once again, so much so that some have declared that "sovereignty is no

longer sacrosanct. Threats of action or sanctions are not military measures, but they are implementations of intervention. Recognizing that international law is constantly evolving, definitions are significant; words can come to have different meanings, and those definitions will have different legal ramifications. Therefore, in this thesis, arguments will be based on humanitarian intervention being an armed intervention by a coalition of states into another state to end or prevent mass humanitarian atrocities like genocide, war crimes, and ethnic cleansing from occurring. Many scholars such as Ignatieff, Brown, Keohane, and others have discussed the issue of humanitarian intervention and its status in international law. This thesis will examine the positions taken by Nicholas Wheeler, Allen Buchanan, Jane Stromseth, and Michael Burton. States have employed the practice of humanitarian Intervention since the early 1800s, yet nowhere have states codified its meaning in international law. The study on the humanitarian intervention is an important consideration in the theories of the international relations. The international relation is a subject that provides history of the past events and takes into account important incidents of the history. In the present study, the focus is placed on the humanitarian intervention in case of Kosovo and the reasons for intervention in it. The study also presents issues in Kosovo in the years 1998 and 1999 and the role of different states in solving these issues.

TABLE OF CONTENTS

ACKNOWLEDGEMENTii

DECLARATIONiii

ABSTRACTiv

CHAPTER 1 INTRODUCTION1

Background of the Study1

Intervention2

Problem Statement5

Aims and Objectives5

Purpose of the Study6

Significance of the Study7

Rationale of the Study7

Research Questions8

CHAPTER 2: LITERATURE REVIEW9

Theoretical Framework9

Humanitarian intervention9

Legitimacy of intervention11

Humanitarian Intervention in Kosovo as a Case Study13

Reasons of Intervention in Kosovo 199813

Arguments for Intervention in Kosovo15

Role of States in solving the 1998 and 199 issues in Kosovo16

International Authority and Intervention20

Role of Various States in NATOs Attacks20

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