Symposium : The International Legal Fallout from Kosovo

• Gazzini, Tarcisio

Abstract

The study of NATO military involvement in the Yugoslav crisis since 1992 is essential to understand the evolution of the Alliance which led to the recent intervention in the Federal Republic of Yugoslavia. During the crisis, NATO forces found themselves involved in military activities which went well beyond those foreseen in the 1949 Treaty. It is argued that NATO forces' activities may be construed either as the collective action of member states coordinated through the Alliance, or as the action of the Alliance itself functioning as a regional organization under Chapter VIII of the UN Charter. This essay attempts to assess, under both alternatives, the legality of these activities, bearing in mind their heterogeneity. Special attention is paid to the relationship between NATO and the United Nations, and in particular to the effectiveness of the control exercised over the operations authorized by the Security Council. It emerges that the Alliance has operated in an increasingly uncertain legal framework and cannot postpone any more a new definition of both its institutional structure and its role in maintaining international peace and security.