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NATO bombing of Yugoslavia

1999 military operation

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Through NATO, United Nations Security Council and International law

NATO's intervention was prompted by Yugoslavia's ethnic cleansing of Kosovar Albanians, which drove the Albanians into neighbouring countries and had the potential to destabilize the region. Yugoslavia's actions had already provoked condemnation by international organisations and agencies such as the UN, NATO, and various INGOs. Yugoslavia's rejection of the Rambouillet proposal was initially offered as justification for NATO's use of force, and NATO framed its bombing as a humanitarian intervention. Because Russia and China could use their veto within the Security Council to not authorize an external intervention, NATO launched its campaign without the UN's approval. The Charter of the United Nations prohibits the use of force except in the case of a decision by the Security Council under Article 42, Article 51 or Article 53. Hence, some scholars see NATO's bombing as illegal under international law.

By the end of the war, the Yugoslavs had killed 1,500 to 2,131 combatants. 10,317 civilians were killed or missing, with 85% of those being Kosovar Albanian and some 848,000 were expelled from Kosovo. The NATO bombing killed about 1,000 members of the Yugoslav security forces in addition to between 489 and 528 civilians. It destroyed or damaged bridges, industrial plants, hospitals, schools, cultural monuments, and private businesses, as well as barracks and military installations. In the days after the Yugoslav army withdrew, over 164,000 Serbs and 24,000 Roma left Kosovo. Many of the remaining non-Albanian civilians (as well as Albanians perceived as collaborators) were victims of abuse which included beatings, abductions, and murders. After Kosovo and other Yugoslav Wars, Serbia became home to the highest number of refugees and internally displaced persons (including Kosovo Serbs) in Europe.

The bombing was NATO's second major combat operation, following the 1995 bombing campaign in Bosnia and Herzegovina. It was the first time that NATO had used military force without the expressed endorsement of the UN Security Council and thus, international legal approval, which triggered debates over the legitimacy of the intervention.

Background

A NATO-facilitated ceasefire between the KLA and Yugoslav forces was signed on 15 October 1998, but both sides broke it two months later and fighting resumed.

Resolution 1160, resolution 1199 and resolution 1203 adopted by the UN Security Council had been disregarded. When the killing of 45 Kosovar Albanians in the Račak massacre was reported in January 1999, NATO decided that the conflict could only be settled by introducing a military peacekeeping force to forcibly restrain the two sides. Yugoslavia refused to sign the Rambouillet Accords, which among other things called for 30,000 NATO peacekeeping troops in Kosovo; an unhindered right of passage for NATO troops on Yugoslav territory; immunity for NATO and its agents to Yugoslav law; and the right to use local roads, ports, railways, and airports without payment and requisition public facilities for its use free of cost. NATO then prepared to install the peacekeepers by force, using this refusal to justify the bombings.

In its Statement Issued at the Extraordinary Ministerial Meeting of the North Atlantic Council held at NATO Headquarters, Brussels, on 12th April 1999 three weeks after the start of hostilities on 23 March 1999, the collective said that "The Federal Republic of Yugoslavia (FRY) has repeatedly violated United Nations Security Council resolutions. The unrestrained assault by Yugoslav military, police and paramilitary forces, under the direction of President Milosevic, on Kosovar civilians has created a massive humanitarian catastrophe which also threatens to destabilise the surrounding region. Hundreds of thousands of people have been expelled ruthlessly from Kosovo by the FRY authorities. We condemn these appalling violations of human rights and the indiscriminate use of force by the Yugoslav government. These extreme and criminally irresponsible policies, which cannot be defended on any grounds, have made necessary and justify the military action by NATO."

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