UN Security Council Resolution 1244

UN Security Council Resolution 1244
Date:	June 10, 1999
Meeting:	4011
Identifier:	S / RES / 1244 ( document )
Poll:	Pro: 14  Ent. : 1  Cons: 0
Object:	Kosovo
Result:	Accepted
Composition of the Security Council 1999:
Permanent members:
CHN FRA GBR RUS USA
Non-permanent members:
ARG BHR BRA CAN GAB
GMB MYS NAM NLD SVN
Map of Serbia with Kosovo

The Resolution 1244 of the UN Security Council (UNSCR 1244) of 10 June 1999, in the public as a resolution on Kosovo known is the international law for establishing the basis of Interim Administration Mission to the United Nations in Kosovo (UNMIK), by a civil administration in Kosovo was established, as well as for the stationing of the international security presence KFOR .

The resolution only mentions the sovereignty and territorial integrity of the Federal Republic of Yugoslavia in its declaratory part, but not in its legally binding operational part. The resolution does not comment on the future status of Kosovo.

Resolution 1244 also marked the end of the violent conflict in the Kosovo war . With the interim administration UNMIK, time was gained to be able to adequately resolve the status issue.

Contents and significance under international law

• United Nations Interim Administration Mission in Kosovo (UNMIK) - With paragraph 10 of Resolution 1244, the Security Council authorized the UN Secretary-General to establish a temporary civil administration. In paragraph 11, the mission was given very far-reaching sovereign powers in the region of the Serbian province in order to establish substantial autonomy for the Kosovar people. According to the resolution, UNMIK therefore aims to establish and strengthen self-sustaining democratic institutions.

• Sovereignty and territorial integrity of the Federal Republic of Yugoslavia - In the preamble, the resolution obliges all UN member states to uphold the “sovereignty and integrity of the Federal Republic of Yugoslavia” and the other states in the region. Recognition of the integrity and sovereignty of Yugoslavia, whose legal successor came with the collapse of the Federal Republic in the spring of 2003, Serbia and Montenegro and in 2006 finally Serbia , ends according to the constitutional lawyer Georg Nolte with Annex (Appendix) 1 of the resolution with the conclusion of an interim framework agreement on Finding a political solution to the Kosovo crisis, an opinion that z. B. Do not divide Serbia or Russia.

• Legal status of Kosovo - The legal status of Kosovo is not determined in resolution 1244 because the Security Council is generally unable to make a determination. Whether the Security Council may intervene in the territorial integrity of a state and order the secession of a sub-area is unclear under international law. This is contrary to Art. 2 No. 4 and No. 7 of the UN Charter . To the range of tasks of UNMIK, however, the facilitation of a political process for the long-term final determination of the international legal status question of Kosovo was added without providing a time horizon. It is controversial under international law whether this objective of clarifying the status is to be interpreted as an obligation for those involved in the conflict to reach agreement or only as an appeal to their negotiating commitment.

• Period of validity - The security policy mandates provided for in Resolution 1244 are valid for an indefinite period according to Section 19 until a change in the Security Council decision is made.

See also

• Legal opinion on the validity of Kosovo's declaration of independence
• UN mission
• UN resolution

Web links

• English text of the resolution (PDF file; 24 kB); German translation (PDF; 1.4 MB)
• German translation of the resolution (AG Friedensforschung at the University of Kassel)
• Annual volume 1999, resolutions and decisions of the Security Council (PDF, p. 35; 1.33 MB)

Individual evidence

1. ↑ Andreas Wittkowsky: The Stability Pact for Southeast Europe and the “leading role” of the European Union , in: From Politics and Contemporary History , Volume 29–30 / 2000, pp. 3–13.
2. ↑ ^{a b} Georg Nolte: No right to split off , FAZ from February 13, 2008.