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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

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American Journal of International Law , Volume 93 , Issue 3 , July 1999 , pp. 628 - 667
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Copyright © American Society of International Law 1999

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References

* George Washington University Law School.

1 See 93 AJIL 167 (1999).

2 Elaine Sciolino & Ethan Bronner, How a President, Distracted by Scandal, Entered Balkan War, N.Y. Times, Apr. 18, 1999, at 1.

3 Guy Dinmore, Villagers Slaughtered in Kosovo ‘Atrocity,’ Wash. Post. Jan. 17, 1999, at A1; R. Jeffrey Smith, Serbs Tried to Cover Up Massacre, Wash. Post, Jan. 28, 1999, at Al. While the FRY claimed the individuals were Kosovo rebels, a Finnish forensic team that examined the bodies concluded that at least 40 of the individuals were unarmed civilians and that the attack constituted a crime against humanity. Carlotta Gall, Serbs’ Killing of 40 Albanians Ruled a Crime Against Humanity, N.Y. Times, Mar. 18, 1999, at A11. For further information on the human rights situation in Kosovo in early 1999, see Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998), 1199 (1998) and 1203 (1998), UN Doc. S/1999/293 (1999); Letter Dated 23 March 1999 from the Secretary-General Addressed to the President of the Security Council, UN Doc. S/1999/315 (1999) (conveying report of the Organisation for Security and Co-operation in Europe).

4 Dana Priest, Allies Balk At Bombing Yugoslavia: Europeans Want U.S. In Ground Force, Wash. Post, Jan. 23, 1999, at A1.

5 Barton Gellman, The Path to Crisis: How the United States and Its Allies Went to War, Wash. Post, Apr. 18,1999, at Al (describing how U.S. Secretary of State Albright’s proposal for greater involvement gained currency within the U.S. Government after the Racak massacre).

6 Jane Perlez, U.S. Pushes Plan To End Fighting In Serb Province, N.Y. Times, Jan. 28, 1999, at A1. For the U.S. Government’s position on the importance of Kosovo to the United States, see Madeleine K. Albright, The Importance of Kosovo, U.S. Dep’t St. Dispatch, Jan./Feb. 1999, at 4.

7 Jane Perlez, Allies Call Kosovo Rivals To Peace Talks in France, N.Y. Times, Jan. 30, 1999, at A6; Craig R. Whitney, NATO Authorizes Kosovo Air Raids If Serbs Bar Talks, N.Y. Times, Jan. 31, 1999, at 1; Statement by the President of the Security Council, UN Doc. S/PRST/1999/5 (1999); Letter Dated 29 January 1999 from the Permanent Representative of the United Kingdom to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/96 (1999) (communicating the views of the “Contact Group” states); Letter Dated 1 February 1999 from the Chargé d’Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the Security Council, UN Doc. S/1999/107 (1999) (enclosing views of NATO communicated to the FRY). NATO ministers approved a second “activation order” on January 30,1999, to prepare for the use of force.

8 James Bennet, Clinton Proposes Force for Kosovo, Cites U.S. Interest, N.Y. Times, Feb. 14, 1999, at 1.

9 The President’s Radio Address, 35 Weekly Comp. Pres. Doc. 229 (Feb. 22, 1999); see also Charles Trueheart & John F. Harris, Clinton Warns of Airstrikes, Wash. Post, Feb. 20, 1999, at A1 (reporting on news conference of President Clinton and French President Jacques Chirac).

10 Charles Trueheart & Dana Priest, Peace Talks Adjourn in Disarray, Wash. Post, Feb. 24,1999, at A1.

11 Peter Finn, Belgrade Steps Up Offensive in Kosovo And at Peace Talks, Wash. Post, Mar. 17, 1999, at A21. For the FRY’s position on the peace talks, see Letter Dated 7 March 1999 from the Chargé d’Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/245 (1999).

12 Craig R. Whitney, Talks on Kosovo Wind Up As Only the Albanians Sign, N.Y. Times, Mar. 19,1999, at A8.

13 John M. Broder, Clinton Says Force is Needed to Halt Kosovo Bloodshed, N.Y. Times, Mar. 20, 1999, at A1; Bradley Graham, Serbs Warned of NATO Strikes, Wash. Post, Mar. 19, 1999, at A1.

14 Peter Finn & R. Jeffrey Smith, Serbia Assaults Kosovo Villages, Wash. Post, Mar. 21, 1999, at A1.

15 Steven Erlanger, U.S. Issues Appeal to Serbs to Halt Attack in Kosovo, N.Y. Times, Mar. 23, 1999, at A1.

16 Jane Perlez, NATO Authorizes Bomb Strikes; Primakov, In Air, Skips U.S. Visit, N.Y. Times, Mar. 24, 1999, at A1.

17 Address to the Nation on Airstrikes Against Serbian Targets in the Federal Republic of Yugoslavia (Serbia and Montenegro), 35 Weekly Comp. Pres. Doc. 516, 516–17 (Mar. 29,1999); see also William Jefferson Clinton, A Just and Necessary War, N.Y. Times, May 23, 1999, at WK17.

18 For NATO’s press statement at the time of the October “activation order,” see Statement to the Press by the Secretary General Following Decision on the ACTORD (Oct. 13, 1998), available in <>.For differing views of NATO’s members, see William Drozdiak, U.S., European Allies Divided Over NATO’s Authority to Act, Wash. Post, Nov. 8, 1998, at A1; Bradley Graham & William Drozdiak, Much Misgivings About NATO Airstrikes, Wash. Post, Oct. 7, 1998, at A1.

19 James P. Rubin, U.S. Department of State Press Briefing at 8 (Mar. 16, 1999), available in <>.

20 William Branigin & John M. Goshko, Legality of Airstrikes Disputed in U.S., U.N., Wash. Post, Mar. 27, 1999, at A10. See SC Res. 1199 (Sept. 23, 1998); SC Res. 1203 (Oct. 24, 1998).

21 UN SCOR, 54th Sess., 3989th mtg., UN Doc. S/PV.3989 at 5 (1999); see Judith Miller, Russia's Move To End Strikes Loses; Margin Is a Surprise, N.Y. Times, Mar. 27, 1999, at A7.

22 In 1995, NATO conducted 17 days of air strikes against Bosnian Serb forces in Bosnia-Herzegovina, but the strikes were made at the request of that country’s government.

23 Roger Cohen, Half a Century After Hitler, German Jets Join the Attack, N.Y. Times, Mar. 26, 1999, at A10; Barton Gellman, U.S., Allies Launch Air Attack On Yugoslav Military Targets, Wash. Post, Mar. 25, 1999, at Al.

24 Adam Clymer, NATO Planes Step Up Attacks on Serb Troops, N.Y. Times, Mar. 29, 1999, at A1; Steven Erlanger, NATO’s Blasting of Bridges Outrages Novi Sad’s Citizens, N.Y. Times, Apr. 20, 1999, at A8; Michael R. Gordon & Eric Schmitt, Thwarted, NATO Agrees to Bomb Belgrade Sites, N.Y. Times, Mar. 31,1999, at Al; Thomas W. Lippman, NATO Expands Yugoslavia Strikes As Conflict Threatens to Spread, Wash. Post, Mar. 27, 1999, at A1.

25 Michael Dobbs, NATO Targeting Milosevic Loyalists. Wash. Post, Apr. 22, 1999, at A18; Bradley Graham, Missiles Hit State TV, Residence of Milosevic, Wash. Post, Apr. 23, 1999, at A33.

26 See, e.g., Steven Erlanger, Dozens of Civilians Are Killed As NATO Air Strikes Go Awry, N.Y. Times, June 1, 1999, at A12; Carlotta Gall, Serbs Say Allied Missile Killed 34 On a Bus, N.Y. Times, May 2, 1999, at 9; Dana Priest, NATO Concedes Its Bombs Likely Killed Refugees, Wash. Post, Apr. 20, 1999, at A19.

27 See, e.g., Ian Fisher, They Were Human Shields When 80 Died, Kosovars Say, N.Y. Times, May 31, 1999; at A1.

28 Steven Lee Myers, NATO Raid Hits China Embassy; Beijing Cites “Barbarian Act;” Allies Admit Striking Hospital, N.Y. Times, May 8, 1999, at A1.

29 Michael R. Gordon, NATO Says It Thought Embassy Was Arms Agency, N.Y. Times, May 9, 1999, at 1.

30 Judith Miller, Council Voices Distress Over Embassy Attack, N.Y. Times, May 15,1999, at A7.

31 William S. Cohen, U.S. Department of Defense Press Briefing at 2 (June 10, 1999), available in <>.

32 Michael R. Gordon, Convoy Sent From Russia Is Blocked By Hungary, N.Y. Times, Apr. 12, 1999, at A10.

33 Jane Perlez, NATO Approves Naval Embargo on Oil Going to Serbs, N.Y. Times, Apr. 24, 1999, at A1.

34 Steven Lee Myers, Leaders of NATO Reject Proposal by General Clark to Fire on Ships That Defy Oil Embargo, N.Y. Times, May 5, 1999, at A9.

35 Raymond Bonner, Oil Flowing to Yugoslavia Despite NATO’s Exertions, N.Y. Times, May 25,1999, at A17.

36 See, e.g., Letter Dated 1 February 1999, supra note 7, at annex.

37 UN Doc. S/PV.3989, supra note 21, at 11–12; R. Jeffrey Smith, Belgrade Launches Diplomatic Offensive, Wash. Post, Mar. 26,1999, at A25.

38 Craig R. Whitney, NATO Assures 5 Neighbors That Fear Serbian Attack, N.Y. Times, Mar. 25, 1999, at A13.

39 UN Doc. S/PV.3989, supra note 21, at 5; David Hoffman, Russia Expels 2 NATO Officials, Says It Will Send Aid to Belgrade, Wash. Post, Mar. 27,1999, at A15; David Hoffman, Moscow Recalls NATO Delegate To Protest Raids, Wash. Post, Mar. 25, 1999, at A31; Charles Trueheart, Europe’s Governments Largely Favor Action, id.

40 UN Doc. S/PV.3989, supra note 21, at 9–10, 12–14, 15–16; Legality of Airstrikes Disputed, supra note 20; Erik Eckholm, China Mounts All-Out Verbal Assault on Air Raids, N.Y. Times, Mar. 26, 1999, at A11.

41 Letter Dated 31 March 1999 from the Permanent Representative of the Islamic Republic of Iran to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/363 at annex (1999).

42 UN Doc. S/PV.3989, supra note 21, at 6.

43 Miller, supra note 21.

44 Judith Miller, The Secretary General Offers Implicit Endorsement of Raids, N.Y. Times, Mar. 25,1999, at A13; but see Judith Miller, Annan Takes Critical Stance on U.S. Actions in Kosovo, N.Y. Times, May 19, 1999, at A11.

45 Demonstrators in Many Cities Demand Halt To Air Strikes, N.Y. Times, Mar. 29, 1999, at A11.

46 See, e.g., Vernon Loeb, From Above, Satellites Track Refugees and Atrocities, Wash. Post, Apr. 6, 1999, at A18; Jane Perlez, White House Tells of Reports of a Forced March in Kosovo, N.Y. Times, Mar. 27, 1999, at A1; R. Jeffrey Smith & Karl Vick, Accounts of Atrocities Multiplying, Wash. Post, Apr. 22, 1999, at A1.

47 For a description of the FRY’S campaign in Kosovo, called “Operation Horseshoe,” see John Kifner, How Serb Forces Purged One Million Albanians, N.Y. Times, May 29, 1999, at A1; R. Jeffrey Smith & William Drozdiak, Serbs’ Offensive Was Meticulously Planned, Wash. Post, Apr. 11, 1999, at A1.

48 Leaving Home, N.Y. Times, Mar. 31, 1999, at A9. The refugee flows into Macedonia prompted its Prime Minister to charge that the FRY was deliberately trying to destabilize Macedonia. Carlotta Gall, Yugoslavia Neighbor Fears An Effort to “Destabilize” It, N.Y. Times, Apr. 15, 1999, at A12.

49 Kosovo Update, N.Y. Times, Apr. 24, 1999, at A6.

50 Kosovo’s Refugees: Far From Home With Little Hope, N.Y. Times, May 29, 1999, at A4.

51 Blaine Harden, Kosovars Relocated to U.S. Would Be Eligible to Remain, N.Y. Times, Apr. 23, 1999, at A1.

52 U.S. Department of State Report, Erasing History: Ethnic Cleansing in Kosovo (May 1999), available in <>; see Philip Shenon, A State Department Report Documents Kosovo Abuses, N.Y. Times, May 11, 1999, at A12.

53 Marlise Simons, U.S. and Britain, After Complaints, Vow to Give War Court Data on Top Yugoslavs, N.Y. Times, Apr. 18, 1999, at 11; see also Marlise Simons, Hague Panel Builds Case for Indicting Milosevic, N.Y. Times, Apr. 14, 1999, at A15.

54 William Branigin, U.S. Classified Data Placed Milosevic in Chain of Command, Wash. Post, May 28, 1999, at A30.

55 Indictment, Prosecutor v. Milošević et al., International Criminal Tribunal for the former Yugoslavia (confirmed May 24, 1999), available in <>.

56 Thomas W. Lippman, U.S. Captives to Face Serb Court, Wash. Post, Apr. 2, 1999, at Al.

57 6 UST 3516, 75 UNTS 135. Under section VI, chapter III, of the Third Geneva Convention, prisoners of war can be tried for offenses against the laws of the Detaining Power, subject to various restrictions.

58 The delegation and the prisoners traveled by bus to Croatia, where they were flown to a U.S. base in Germany. Daniel Williams, Serbs Release POWs to Jackson, Wash. Post, May 2, 1999, at A1.

59 Steven Lee Myers, Serb Officer, Captured By Rebels, Held by U.S., N.Y. Times, Apr. 17, 1999, at A7.

60 Neil A. Lewis & Elizabeth Becker, U. S. Orders 2 Yugoslavs To Be Freed As P.O.W.’s, N.Y. Times, May 17, 1999, at A10.

61 Jane Perlez, NATO Ministers, Looking for Kosovo Accord, Urge Russia to Take Part, N.Y. Times, Apr. 13, 1999, at A10.

62 Statement on Kosovo, NATO Press Release S–1(99)62 at para. 6 (Apr. 23, 1999), available in <>.