German law journal, Vol. 08 No 01 (57-80 pag.)
Overview
In the 1990s, the belief in the inexorable advent of the global liberal democratic order and the gradual disappearance of the non-democratic regimes was to fade in light of an increasingly anarchic world arena, the rise in the number of interethnic wars, the emergence of failed states, and so on.
The dispute over the legality of the no-fly zones (NFZ) in Iraq provided the legal
contours of what was later to be referred to as a doctrine of humanitarian intervention. These were characterized by the unilateral4 interpretation of UNSC Resolutions and the use of force bypassing the UNSC altogether. These practices continued in the case of Iraq, and in the 1998 bombing of Afghanistan and Sudan in Operation Infinite Reach.
Humanitarian intervention against the FRY in 1999, and the circumvention of the UNSC that it entailed, represents a further challenge to the entrenched understanding of peremptory norms of international law. The NATO military intervention of the FRY in 1999 temporarily suspended Serbian sovereignty in Kosovo. The legal framework of this suspension was UNSC
Resolution 1244 (1999), which gave a Chapter VII mandate to the international
civilian administration and NATO-led military force.Humanitarian Intervention and Public International Law
The Legality of Unauthorized Intervention in Kosovo
Legitimating Intervention Ex-Post Facto
Testing the Legal Arguments for the Independence of Kosovo
Conclusion: Shared Sovereignty as a Compromise Solution
