Defence Forces Review 2008

Lessons from Kosovo
17
R. Murphy, ‘UN Peacekeeping in Lebanon and the Use of Force’ (1999) 6(2) International Peacekeeping 38-
63; and N. D. White, The United Nations and the Maintenance of International Peace and Security (2nd edn,
Manchester University Press, 1997), p. 241.
18
Letter dated 17 November from the Secretary-General addressed to the President of the Security Council, UN Doc.
S/2004/932 30 November 2004.
19
Adopted under Chapter VII of the UN Charter, 10 June 1999.
20
Kosovo-Kosova, As Seen , As Told, OSCE, 1999, p. xii.
21
W. O’Neill, Kosovo – An Unfinished Peace, International Peace Academy Occasional Paper, Lynne Rienner
(2002), p. 46.
22
Reuters, 22 October 1999.
23
See for example, Human Rights Watch, Abuses Against Serbs and Roma in the New Kosovo, (August, 1999). On
27 October 1999, an Albanian mob of around one thousand attacked a KFOR protected convoy of Serbs leaving
Kosovo. Many were injured, and KFOR failed to protect those fleeing as required by the Resolution 1244. The fact
that the Serbs were leaving in the first place is clear evidence of the failure to provide a secure environment. See
also Human Rights Watch, Failure to Protect: Anti-Minority Violence in Kosovo (March, 2004).
24
International Crisis Group, Who`s Killing Whom in Kosovo, Balkans Report No. 78, 2 November 1999, p. 14.
25
Ibid., p. 17. There were also calls by the ICG for KFOR to clamp down on the remaining structures of the Kosovo
Liberation Army, and to monitor closely the KPC.
26
See generally ‘Peace Support Operations’ in the International Committee of the Red Cross, Model Manual of the
Law of Armed Conflict, (Geneva, ICRC, 1999), paras. 2024-2027; G. Bowens, Legal Guide to Peace Support
Operations (US Army Peacekeeping Institute, 1998), pp. 185-202; J. Simpson, Law Applicable to Canadian Forces
in Somalia 1992/93: A study prepared for the Commission of Inquiry into the Deployment of Canadian Forces
in Somalia (Ottawa, Public Works and Government Services Canada, 1997), pp. 35-39; P. Rowe, ‘Maintaining
Discipline in United Nations Peace Support Operations: The Legal Quagmire for Military Contingents’ (2000)
5(1) Journal of Conflict and Security Law 45-62 at 59; Rules of Engagement (ROE) for Judge Advocates, Center
for Law and Military Operations (CLAMO), 1 May 2000; Operational Law Handbook 2002, International and
Operational Law Department, The Judge Advocates General’s School, US Army, (2002), 67-100; and T. Findlay,
‘The Use of Force in Self-Defence’, 51-75, at 52 and 55.
27
UNMIK Press Release, UNMIK/PR/263, 2 June 2000.
28
See Towards a European vision for use of land forces Multinationality and interoperability within the framework
of operational missions ranging from high to low intensity (from combat to peace support), (France: CDES
Doctrine Forum, 2001), p. 18.
29
Personal interview, senior Irish officer, Dublin, September 2004.
30
Analysis of the March 2004 events by military officer present titled “What went wrong and why it will happen
again”, anonymous, 2004.
31
See comments by General Gaviard, Towards a European vision for use of land forces CDES Doctrine Forum,
2001, p. 47.
32
See Col. C. Dunlap, ‘US Legal Issues in Coalition Operations’, pp. 3-4.
33
See comments by General Tieszen, Towards a European vision for use of land forces, CDES Doctrine Forum,
2001 p. 48.
34
Brahimi Report, part 2, para. 49.
35
Ibid.
36
Ibid.
37
There were 730 Serb, Ashkali and Roma homes damaged or destroyed, up to ten public buildings, and 30 Serbian
churches and two monasteries damaged or destroyed. UN Doc. S/2004/348, Report of the Secretary-General on the
United Nations Interim Administration Mission in Kosovo, 30 April 2004, para. 3.
38
International Crisis Group, Kosovo’s Linchpin: Overcoming Division in Mitrovica, Balkans Report No. 96, 31
May 2000, p. 10.
39
Reuters, ‘U.N. Agency Threatens to Suspend Operations in Kosovo Area,’ New York Times, 4 May 2000.
40
International Crisis Group, Collapse in Kosovo, Europe Report No. 155, 22 April 2004, p. 17.
41
Ibid., p. 19
42
See Jean-Endes Barbier, ‘Smouldering Serb village in Kosovo gutted in sight of NATO peacekeepers’, Agence
France Presse, 21 March 2004, N. Wood, ‘Kosovo Smoulders After Mob Violence’, New York Times, 24 March
2004, p. 10.
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