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Kosovo and the Law of “Humanitarian Intervention”

Published online by Cambridge University Press:  02 March 2017

Louis Henkin
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Abstract

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Type
Editorial Comments: Nato’s Kosovo Intervention
Information
American Journal of International Law , Volume 93 , Issue 4 , October 1999 , pp. 824 - 828
Copyright
Copyright © American Society of International Law 1999

References

1 I do not address here whether the execution of the military intervention was subject to and may have violated any of the laws of war.

2 Richard A. Falk, Legal Order in a Violent World 339 (1968).

3 The United Kingdom apparently thought that authorization by the Security Council was not necessary. The United States apparently considered that the Council had provided the necessary authorization by implication, in the earlier resolutions on Kosovo, Resolutions 1160 (Mar. 31,1998), 1199 (Sept. 23, 1998), and 1203 (Oct. 24, 1998).

4 See Security Council Rejects Demand for Cessation of Use of Force against Federal Republic of Yugoslavia, UN Press Release SC/6659 (Mar. 26,1999) <http://www.un.org/News/Press/docs/1999/19990326.sc6659.html>.

5 Compare: “to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest.” UN Charter, Preamble (emphasis added).

6 Oscar Schachter, International Law in Theory and Practice 126 (1991).