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Editor's Note |
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Rights and Responsibilities: The Dilemma of Humanitarian Intervention Chris Abbott |
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Iraq and the Responsibility to Protect Ramesh Thakur |
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From Intervention to Prevention: The Emerging Duty to Protect Penelope Simons |
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Humanitarian Intervention: Elite and Critical Perspectives Richard Falk |
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The Law on Intervention: Africa’s Pathbreaking Model Jeremy Levitt |
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War in Our Time? The Redefinition of Peace, and the Relegitimisation of War Paul Robinson |
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Intervention and the Dangers of Moralism C. A. J. (Tony) Coady |
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Putting National Interest Last: The Utopianism of Intervention Michael Radu |
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American Dominion: How Global Interventionism Jeopardises US Security Charles V. Peña |
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The Iraq War and Humanitarian Intervention James Kurth |
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The Bush Doctrine and the Transformation of Humanitarian Intervention Jon Western |
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Institutionalising Impermanence: Kosovo and the Limits of Intervention Aidan Hehir |
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The Complexity of Military Intervention in Humanitarian Crises James F. Miskel |
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From Peacekeeping Violence in Somalia to Prisoner Abuse at Abu Ghraib: The Centrality of Racism Sherene H. Razack |
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Book Review Iran, Cradle of Faiths Omid Safi |
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Book Review The Sundering of the South Slavs Kate Hudson |
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Book Review Power Vacuum? The Persian Gulf after British Withdrawal Madawi al-Rasheed |

GLOBAL DIALOGUE
Volume 7 ● Number 1–2 ● Winter/Spring 2005—Humanitarian Intervention Institutionalising Impermanence: Kosovo and the Limits of Intervention
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ive years have passed since NATO’s ostensibly humanitarian intervention, yet Kosovo remains a divided and violent society. The moralistic rhetoric that accompanied “Operation Allied Force” proclaimed that NATO was forging a new era in which systematic violations of human rights would not be tolerated. It was, according to Prime Minister Tony Blair of
The issue of post-intervention Kosovo had been off the international political agenda for nearly five years before the illusion of peace was finally shattered. On 17 and 18 March 2004, nineteen people were killed and some nine hundred wounded when thousands of ethnic Albanians rioted throughout Kosovo. More than five hundred Serb and minority homes were burnt, along with twenty-seven Orthodox churches and monasteries. Touring the area in the aftermath of the carnage, Harri Holkeri, then head of the United Nations Mission in Kosovo (UNMIK), solemnly declared, “The concept of multiethnic Kosovo that the international community has been persistently attempting to implement in recent years is no longer tenable.”2 In other words, the incompatible ethnic identities in Kosovo had triumphed over the West’s earnest efforts to instil a culture of multiethnicity. In reality, the international community, in the guise of NATO, initially accentuated the ethnic fissure in Kosovo through its intervention in 1999, and the record of the United Nations since the cessation of Operation Allied Force has been marked by a tolerance of low-level ethnic oppression rather than by any genuine attempts to reconcile the communities.
‘Ancient Ethnic Hatreds’
Western diplomatic efforts in the Balkans throughout the 1990s were consistently predicated on the alleged existence in the region of ineradicable ethnic hatreds. The periodic failure of Western diplomatic initiatives was blamed on the locals’ inability to distance themselves from their primitive ethnic identities and genetic predilection for violence. In assessing the violence in the Balkans, US strategist George Kennan stated that “deeper traits of character inherited, presumably, from a distant tribal past … seem to be decisive as a determinant of the troublesome, baffling and dangerous situation that marks that part of the world”.3 If the region were ever to become civilised, the argument went, order would have to be forcibly imposed from outside. This contemporary variant of the white man’s burden has imbued with a sense of cultural and political superiority the myriad Western “internationals” who wield enormous power throughout the Balkans. It is, therefore, not surprising that Harri Holkeri could survey the wreckage of the March 2004 riots without seeing any correlation between the violence and Western (in)action.
Throughout the 1990s, the West accepted Serb leader Slobodan Milosevic’s appraisal of the situation in Kosovo by consistently describing it as an “internal matter” for
The diplomatic approach taken by the West was exclusionary and unnecessarily confrontational. The Western, and specifically US, dominance of the attempts made to resolve the conflict effectively sidelined the United Nations,
The resolution of the situation essentially became the sole preserve of the
Rambouillet
The immediate catalyst for the recourse to war was the failure to reach agreement in talks at the French town of
There is evidence that the
The insistence that a NATO force should be deployed in Kosovo appears particularly unreasonable and unnecessary. Letters submitted by the Yugoslav delegation at Rambouillet stated that
Speaking on
Ethnic Cleansing
The enduring images of the campaign in Kosovo are those of thousands of ethnic Albanian refugees fleeing the province. With NATO warplanes flying at fifteen thousand feet to ensure they sustained zero casualties, sections of the Yugoslav security forces were unimpeded in their efforts to uproot the Kosovo Albanian population. In a meeting on
Despite numerous warnings and the predictions of senior military figures, no preparations were made for the refugee crisis that erupted. In fact,
One week after the air strikes began three hundred thousand refugees, primarily ethnic Albanians, had left for neighbouring countries. After the war, US House Intelligence Committee Chair Porter Goss stated, “Our intelligence community warned us months and days before [the air strikes] that we would have a virtual explosion of refugees over the 250,000 that was expected as of last year.”12 Despite this, NATO did not alert the Office of the United Nations High Commissioner for Refugees (UNHCR) to its intelligence predictions. In its post-war report, UNHCR noted that prior to Operation Allied Force, NATO governments had in fact been urging the organisation to prepare for the implementation of the Rambouillet accords. The report further declared, “UNHCR received no advance warning from any government or other source.”13
The removal of Yugoslav forces from Kosovo precipitated a round of counter ethnic cleansing and murder that prompted Carla del Ponte, chief prosecutor with the International Criminal Tribunal for the Former Yugoslavia, to declare, “What is currently happening is as serious as what happened there before.”14 According to a November 2003 report by the Serbian Ministry of Internal Affairs, based on data from the tribunal, the Red Cross, and the United Nations, 1,192 Serbs and 593 other nationals had been murdered in Kosovo by then since the deployment of 21,000 NATO peacekeepers in June 1999. UNMIK disputed these figures, claiming that the total number of deaths was only 250—almost certainly an underestimate. Up to 200,000 Serbs and 67,000 Slavic Muslims are believed to have fled Kosovo, while a further 790 people remain unaccounted for. The number of non-Albanian refugees who have returned to Kosovo is, according to a
Mitrovica:
Kosovo’s Ombudsman, Marek Antoni Nowicki, reported to the Council of Europe in February 2004 that human rights observance in Kosovo was far from meeting “the minimum of international standards”. He warned that it was the intent of certain sections of the Albanian community to “cleanse this land from the presence of all Serbs”. His words proved prophetic the next month when ethnic Albanians ran riot in northern Kosovo. The spark for the violence was the allegation that Serbs had chased three Albanian children to their deaths with wild dogs. This later proved untrue, with NATO Secretary-General Jaap de Hoop Scheffer and others stating that the violence had been orchestrated well in advance by elements within the Albanian community.
In July 2004, Human Rights Watch accused KFOR and UNMIK of failing “catastrophically” to protect minority communities during the March violence. The report details KFOR’s shameful inertia in the face of the bloodshed, castigating the French, German and Italian contingents in particular: “In numerous cases, minorities under attack were left entirely unprotected and at the mercy of the rioters.”16 In perhaps the most damning indictment of the post-intervention administration of Kosovo, the report accuses the international community of appearing to be in “absolute denial about its own failures” in the province:
While international actors have been universally—and accurately—critical of the failures of the Kosovo Albanian leadership during and after the crisis, the dismal performance of the international community has escaped similar critical scrutiny. Instead, the leadership of KFOR and UNMIK seem happy to continue with “business as usual,” rather than putting in place the reforms needed to prevent a recurrence of mass violence—and a renewed collapse of the security institutions in the future.17
The violence demonstrated the extent of UNMIK’s shortcomings and the glaring gap between the West’s promises during and immediately after Operation Allied Force, and its failure to resolve the final status of Kosovo and create conditions for lasting ethnic harmony.
The fortunes of the Albanian community have improved since 1999, yet under the aegis of the United Nations and NATO one unrepresentative political administration has replaced another. The Kosovo Albanians’ lack of political power persists. According to Aldo Blumi, executive director of the Albanian Institute for International Studies, “What has changed in Kosovo since June 1999 is the nature of rule not the discursive relationship between power and subjects.”18 Following the March riots, Arsim Bajrami, leader of the Democratic Party of Kosovo in the Kosovo Parliament, noted bluntly, “We are dissatisfied with how UNMIK operates.”19
As new concerns came to dominate the international agenda, the final status of Kosovo stagnated, without any diminution of the mutually exclusive Serb and Albanian claims on the province. In December 2003, UNMIK stipulated that no examination of Kosovo’s final status would take place until certain political and humanitarian standards were reached, suggesting 2006 as the earliest likely date. UNMIK thus looks likely to emulate the UN administration in
The frustration felt by the ethnic Albanians is understandable. Having initially welcomed NATO and the United Nations as emancipators, they have begun to realise that their faith in the West was misplaced. As David Chandler remarks, “The ethnic Albanians are discovering that removing
Externally Imposed Solutions
As in
In
The newly imposed political systems in
The world should be appalled at the UN’s adoption of ethnic categories to parcel out a number of operational domains for Kosovo’s population. Unless reversed, any future interaction between Kosovars will be permanently based on criteria beyond their control, giving self-asserted nationalists veto over any policy inside Kosovo.23
The political dependence on external actors is replicated in Kosovo’s economy, which is highly reliant on international support. According to UNMIK economist Iain King, what growth there has been in Kosovo since Operation Allied Force has been almost wholly the result of external assistance, based largely on loans and aid packages. Yet despite the influx of EU and US loans, unemployment stands at 57 per cent, and this has added to the disillusionment and discontent within Kosovo. Imports outnumber exports by ten to one and as King notes, “Much of the new wealth earned in Kosovo is being used to create jobs elsewhere.”24 External actors determine the functioning of Kosovo’s economy and political system, and this has seen a similar growth of the dependency culture identified in
Learning from Kosovo
The intervention in Kosovo indicates that military victory is less important to future stability than a coherent post-conflict administration, yet the crises in
Operation Allied Force, supported by the vast majority of Western states, seemed to establish that military action without a UN mandate was acceptable. However, the “international consensus” in favour of the Kosovo intervention was conspicuously Western in nature. The fact that immediately after the intervention the 133 states constituting the G77 group of developing countries twice adopted declarations unequivocally condemning any unilateral humanitarian intervention has been largely ignored in the West. The emerging consensus in the West among statesmen, academics and lawyers that unilateral intervention is today permissible is a blinkered assessment of the status of such intervention internationally. As two distinguished legal scholars observe, “The novel conception of international law that is being constructed and reinforced by a limited number of groups of Anglo-American international lawyers is possible only by ignoring the wider circle of states and international lawyers around the world.”26 The norm of non-intervention and the primacy of sovereign equality are still cherished by the vast majority of states, which see in the new Western dispensation not a growing awareness of human rights, but a regression to the selective adherence to sovereignty of the pre–UN Charter world. The pleading of moral justifications for the US-led invasion of
NATO’s recourse to military action over Kosovo was both avoidable and unhelpful. The dispute between the Kosovo Albanians and the Yugoslav state could have been addressed at an earlier stage when both sides were less implacable and were unscarred by internecine violence. The failure to prevent the escalation of the conflict must be recognised as the responsibility of the international community as a whole, but those Western states which bargained away Kosovo at
There is also strong evidence to suggest that diplomacy might have worked had it been conducted in a less exclusionary, confrontational and unyielding fashion. The
The supposedly humanitarian motives behind the Kosovo intervention were belied by the methods NATO chose in pursuit of military victory. Efforts to minimise civilian casualties and prepare for the predicted refugee exodus were minimal. As Michael Ignatieff notes, “The leaders of NATO talked the language of ultimate commitment and practised the warfare of minimal risk.”27 The intervention has done little to resolve the underlying tension in Kosovo and has exacerbated the polarisation of its two major communities. The pronounced failings of both UNMIK and KFOR have engendered hostility among Serbs and Albanians alike towards the international community, a hostility that will surely hinder future negotiations.
Far from acclaiming NATO’s ostensibly humanitarian intervention in 1999, the international community should decry the moral duplicity, violence and political inertia that have characterised the record of the United Nations and NATO during the past five years in Kosovo. The combination of empty rhetoric, administrative impotence and UN-aided entrenchment of aggressive ethnic identifications bodes ill for the future stability of “the powder keg of
Endnotes
1. Quoted in Christian Jennings, “NATO Peacekeepers Unable to Keep a Lid on Violence in Kosovo”, Scotsman (Edinburgh),
2. “Holkeri: Previous Concept of Multiethnicity Will Be Changed”, BETA News Agency,
3. Quoted in Maria Todorova, Imagining the Balkans (Oxford: Oxford University Press, 1997), pp. 5–6.
4. Independent International Commission on Kosovo, Kosovo Report (
5. Ibid., p. 141.
6. James Rubin, “Countdown to a Very Personal War”, Financial Times (
7. Simon Chesterman, “Hard Cases Make Bad Law”, in Just Intervention, ed. Anthony Lang (
8. Wesley Clark, Waging Modern War (
9. Lazar Nikolić, “Ethnic Prejudices and Discrimination: The Case of Kosovo”, in Understanding the War in Kosovo, ed. Florian Bieber and Zidas Daskalovski (
10.
11. Quoted in Elizabeth Allen Dauphine, “Rambouillet: A Critical (Re)Assessment”, in Understanding the War in Kosovo, ed. Bieber and Daskalovski, p. 109.
12. Quoted in Noam Chomsky, The New Military Humanism (London: Pluto Press, 1999), p. 21.
13. Quoted in Tim Judah, Kosovo (
14. Ibid., p. 150.
15. Amnesty International,
16. Human Rights Watch, Failure to Protect: Anti-Minority Violence in Kosovo, March 2004 (
17. Ibid., p. 3.
18. Aldo Blumi, “Ethnic Borders to a Democratic Society in Kosova: The UN’s Identity Card”, in Understanding the War in Kosovo, ed. Bieber and Daskalovski, p. 223.
19. Human Rights Watch, Failure to Protect, p. 17.
20. David Chandler, “
21. Michael Mandelbaum, “A Perfect Failure: NATO’s War against
22. Human Rights Watch, Failure to Protect, p. 18.
23. Blumi, “Ethnic Borders”, in Understanding the War in Kosovo, ed. Bieber and Daskalovski, p. 224.
24. Iain King, “Kosovo’s Economy: The Balkan Tiger” [http://www.unmikonline.org/pub/focuskos/june02/focuskeco2.htm].
25. Figures quoted in Gordon Bardos, “International Policy in
26. Michael Byers and Simon Chesterman, “Changing the Rules about Rules? Unilateral Humanitarian Intervention and the Future of International Law”, in Humanitarian Intervention: Ethical, Legal and Political Dilemmas, ed. J. L. Holzgrefe and Robert Keohane (
27. Michael Ignatieff, Virtual War (