| UNSecurity Council Resolution 1244 | ||||
|---|---|---|---|---|
 Official UN map of FR Yugoslavia from 1997. | ||||
| Date | 10 June 1999 | |||
| Meeting no. | 4,011 | |||
| Code | S/RES/1244 (Document) | |||
| Subject | The situation in Kosovo | |||
Voting summary |
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| Result | Adopted | |||
| Security Council composition | ||||
Permanent members | ||||
Non-permanent members | ||||
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United Nations Security Council resolution 1244,[1] adopted on 10 June 1999, after recalling resolutions1160 (1998),1199 (1998),1203 (1998) and1239 (1999), authorised an international civil and military presence in theFederal Republic of Yugoslavia[2][3] and established theUnited Nations Interim Administration Mission in Kosovo (UNMIK).[4] It followed an agreement by Yugoslav PresidentSlobodan Milošević to terms proposed byPresident of FinlandMartti Ahtisaari and formerPrime Minister of RussiaViktor Chernomyrdin on 8 June, involving withdrawal of allYugoslav state forces from Kosovo (Annex 2 of the Resolution). Annex 2 also specified that "After withdrawal, an agreed number of Yugoslav and Serbian personnel will be permitted to return to perform the following functions:· Liaison with the international civil mission and the international security presence;· Marking/clearing minefields;· Maintaining a presence at Serb patrimonial sites;· Maintaining a presence at key border crossings."[5]
Resolution 1244 was adopted by 14 votes in favour to none against.Chinaabstained despite being critical of theNATO offensive, particularly thebombing of its embassy. It argued that the conflict should be settled by the Yugoslav government and its people, and was opposed to external intervention. However, as the Federal Republic of Yugoslavia accepted the peace proposal, China did notveto the resolution.[4]
Kosovo unilaterally declared its independence in 2008; Serbia and some otherUN member states maintain that Resolution 1244 remains legally binding to all parties.[6] In 2010, theInternational Court of Justice provided an advisory opinion that the declaration of independence did not violate the resolution.[7][8]
In the preamble of Resolution 1244, theSecurity Council regretted that there had not been compliance with previous resolutions.[9] It was determined to resolve the serious humanitarian situation and wanted to ensure that all refugees could safely return. It condemned violence against the civilian population as well as acts of terrorism, and recalled thejurisdiction andmandate of theInternational Criminal Tribunal for the former Yugoslavia (ICTY).
The resolution was enacted underChapter VII of the United Nations Charter.
The Security Council decided that a solution to the Kosovar crisis was to be based upon the agreed principles contained in the annexes of the resolution.[10] It welcomed Serbia's (then part of the "Federal Republic of Yugoslavia") acceptance of the principles and demanded co-operation in their implementation. At the same time, the Council demanded that Serbia put an end torepression in Kosovo and begin a phased withdrawal;[11] after withdrawal a small number of Yugoslav andSerbian military and police personnel could return to Kosovo, if authorized by the international military presence, to carry out functions contained in the annex of the resolution.
The resolution then authorized an international civil and security presence in Kosovo. TheSecretary-General was requested to appoint aSpecial Representative to co-ordinate the implementation of the international presence. The Council authorized countries and international organisations to establish asecurity presence in Kosovo, affirming the need for the immediate deployment of the international civil and security presences. The responsibilities of the international security presence included deterring new hostilities, monitoring the withdrawal of the Federal Republic of Yugoslavia,demilitarising theKosovo Liberation Army and other Kosovo Albanian groups and ensuring a safe environment in which refugees could return.
The Secretary-General was authorized to establish an international civilian presence in Kosovo to provide an interim administration whereby Kosovo could exercise governance – pending a final status solution – through the establishment ofprovisional institutions of self-government. The main responsibilities of the international civil presence included the promotion of autonomy for Kosovo, performing civilian administrative functions, overseeing the development of the institutions including the holding of elections, maintaining law and order, protecting human rights and ensuring the safe return of refugees.
The Council emphasized the need forhumanitarian relief operations and encouraged all states and organisations to contribute towards economic and social reconstruction. All parties, including the international presence, had to co-operate with the ICTY. It demanded that armed Kosovar groups end their offensives.
Finally, it was decided that the international civil and security presences were to be established for an initial period of 12 months,[12] while the Secretary-General was requested to keep the Council informed on developments. Unusually for UN peace-keeping missions, this one was to continue after the initial 12-month period unless the Security Council determined otherwise: normally, the continuing mandate of missions is subject to resolutions after 12 months which allow for revisions to the original mandate.
The main features ofResolution 1244 were to:
Article 1 of the Helsinki Final Act places a high value on the sovereignty and territorial integrity of existing states. In a similar fashion the references to autonomy in 1244 articles indicate a desire by UN Member-States at that time to return Kosovo to a pre-1990 autonomous status, if possible.
Serbia sought international validation for its stance, and in October 2008 requested ajudgment from theInternational Court of Justice.[13] However, the Court ruled that the declaration of independence was not illegal.[14]The Serbian stance is that Resolution 1244 grants the authority to Serbia to have its police and military in the province. Serbia has therefore repeatedly requested from the UN high representatives in the province to allow the return of its police and military. As of 2025 this has not yet been allowed.[15]
On 17 February 2008, representatives of the people ofKosovo,acting independently of theUNMIK'sPISG framework (not representing theAssembly of Kosovo or any other of these institutions),[16] issued adeclaration of independence establishing theRepublic of Kosovo.
On 22 July 2010 the International Court of Justice provided advisory opinion on Kosovo's declaration of independence that the declaration of independence from 17 February 2008 did not violate Security Council resolution 1244 (1999) because the authors of the declaration, who named themselves "representatives of the people of Kosovo", were not bound by the document.[17]Also, the ICJ did not rule on whether Kosovo had a right to independence.[18]
Works related toUnited Nations Security Council Resolution 1244 at Wikisource
