Resumen o Introducción
During the armed conflict of non-international character between the Federal Republic of Yugoslavia (FRY) and the Kosovo Liberation Army (UCK), the intervention of NATO against the FRY supposed the internationalization of the conflict for all the parties. NATO decided to intervene in this conflict against the forces of the FRY arguing that they were neither supporters of the UCK, nor against Serbia. Indeed, they stated that their operations were in order to prevent a “humanitarian catastrophe”. Even if they used this label and stressed that they were not making war, their intervention was later on traduced in military operations based mainly on air attacks. The Security Council never authorized this intervention. Besides, NATO was accused in many occasions of nonrespecting the rules of International Humanitarian Law (Hereinafter “IHL”).
The present paper will discuss the following questions: What is the legal status of NATO? What IHL instrument is NATO bound by as an organization? What are the IHL obligations of States when acting on behalf of NATO? How do NATO and States conjugate their different obligations under IHL during their interventions? How to make accountability for IHL breaches committed by NATO and the Allies?
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- Marina Fernandez Arroyo (Autor), 2016, Was the NATO intervention in the Federal Republic of Yugoslavia bound by International Humanitarian Law?, Múnich, GRIN Verlag, https://www.grin.com/document/354408
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