25 years since the adoption of Resolution 1244: Still the fundamental support for Serbia in resolving relations with Kosovo

On this day 25 years ago, the United Nations Security Council adopted Resolution 1244, which from the outset "reaffirms the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia (FRY)." This document, adopted a day after the Kumanovo Agreement, which ended NATO's aggression against the FRY, is, according to legal experts, still the most important and fundamental support for Serbia, as the successor of the FRY, in resolving the Kosovo issue.

The principle of the sovereignty and territorial integrity of the FRY is also mentioned in Annex 2 of the Resolution, which outlines the principles for a political resolution of the crisis in Kosovo.

Although many points of Resolution 1244, including these mentioned, have been violated numerous times, and some have never been implemented, despite Pristina's stance that this Resolution belongs to the past, interlocutors for Kosovo Online emphasize that none of this undermines the legal validity of this document and highlight that the significance of the Resolution must be reaffirmed.

According to this act, a provisional administration was to be established in Kosovo as part of the international civilian presence "under which the people of Kosovo can enjoy substantial autonomy within the FRY." The responsibilities of the civilian presence included "promoting the establishment, until a final settlement, of substantial autonomy and self-government in Kosovo," and ultimately overseeing the transfer of authority from Kosovo's provisional institutions to institutions established "in accordance with a political settlement."

In addition to the international civilian presence, an international security presence was foreseen in Kosovo, which exists in the form of the KFOR mission. According to the Resolution, their actions include deterring hostilities, demilitarizing the Kosovo Liberation Army (KLA) and other armed groups of Kosovo Albanians, establishing a secure environment in which refugees and displaced persons can return to their homes, and monitoring borders.

After the withdrawal, a specified number of Yugoslav and Serbian military and police personnel were to be allowed to return to Kosovo to liaise with the international civilian mission and the international security presence, mark and clear minefields, maintain a presence at sites of Serbian cultural heritage, and at main border crossings. This return of Serbian forces never occurred, nor was the safe and free return of all refugees and displaced persons ensured, as mandated by the Resolution.

Vladan Petrov, a professor at the Faculty of Law in Belgrade, told Kosovo Online that Resolution 1244 was intended to be the legal basis for resolving the issue that arose within the framework of the territorial integrity and sovereignty of the then FRY, and today the legal successor, the Republic of Serbia. This is in the interest of all countries with similar issues as Serbia regarding Kosovo.

"What is essential and often obscured is that Kosovo is actually an integral part of the Republic of Serbia today, and that substantial autonomy and reasonable self-governance are envisaged for it according to this Resolution. Therefore, based on this document, there is no question of forming a state with full capacity, especially not with international legal subjectivity. The Resolution also states that a United Nations mission, a temporary civilian and military administration, should be established, demilitarizing the entire territory and disarming all extremist Albanian groups and armed forces. Thus, it can in no way serve as a basis for forming any kind of Kosovo army. Such a Resolution, which is a source of international law, absolutely excludes this," Petrov emphasized.

Violations of this document, which, unfortunately, are almost daily, in no way undermine its legal validity and soundness.

Speaking about the key points of Resolution 1244, Petrov notes that it primarily emphasizes the sovereignty and territorial integrity of the then Federal Republic of Yugoslavia, and as a general universal principle.

He sees Resolution 1244 as the "cornerstone" of Serbia's legal and political path from which, he says, no government ever has the right to deviate.

"It is also a legal bulwark for Kurti and any other future regime of the so-called Kosovo, which will simply strike against that bulwark but will not succeed in achieving the main legal and political goals concerning the completion of the statehood of the so-called Kosovo. And that means it is more than clear that the so-called Kosovo will never enter the United Nations," says Petrov.

Former Foreign Minister of the Federal Republic of Yugoslavia, Zivadin Jovanovic, stated to Kosovo Online that, regarding Serbia's interests related to Kosovo, UN Security Council Resolution 1244 is the most valuable document whose significance must be reaffirmed.

"It carries the authority of the most important body for peace and security issues on the planet, the Security Council. Resolutions, in general, are acts of the highest legal force in the global legal order. Resolution 1244 is the most important legal basis for defending the essential national and state interests of Serbia related to the province of Kosovo and Metohija. It is not perfect nor idealistic, but it is the best document whose strength we must preserve. In new circumstances, this resolution gains even greater significance because it was adopted in a system of global relations in a unipolar system, and it is being implemented in a multipolar world order. For this new phase of implementing Resolution 1244, we must have an active role and work with full strength," says Jovanović.

He points out that China and Russia firmly maintain the position that any solution for Kosovo must be within and based on Resolution 1244 and that no pressures or blackmail can be stronger than the power of this most important legal document, which obliges all members of the United Nations.

Duško Celic, an assistant professor at the Faculty of Law at the University of Kosovska Mitrovica, sees Resolution 1244 as Serbia's only legal trump card concerning the fate of the territory of Kosovo and Metohija. Similarly to Jovanović, he points out that it is never too late to reaffirm the values of this document.

"As a lawyer, I can express my dissatisfaction with the fact that part of the international community, which we call the political West, ignores the provisions of Resolution 1244. Pristina does this, of course, and it seems to me that Belgrade insists very little on the fact that Resolution 1244 guarantees the territorial integrity and sovereignty of the Republic of Serbia. In these Brussels negotiations, this issue is completely sidelined, the negotiating framework in Brussels is entirely outside Resolution 1244, and unfortunately, as a result, we have mostly unilateral concessions from Belgrade at the expense of the Resolution and at the expense of the Constitution of the Republic of Serbia," Celic told our portal.

He adds that concerning Resolution 1244, there is a moral debt to those who died and to our ancestors, as well as a legal duty to defend international law. Resolution 1244 obliges the UN Secretary-General to regularly report to the Security Council on its implementation, which used to be done every three months. However, under pressure from Western countries, this has been reduced to every six months in recent years. These sessions are a particular thorn in the side of the authorities in Pristina, who unilaterally declared independence in 2008 but always have a representative at these discussions.

Regarding the strength of Resolution 1244 from the perspective of Pristina, political analyst Artan Muhaxhiri assesses that it has no real impact on the Kosovo system or the decision-making process today.

"There is a constitution, there is a parliament, so this Resolution has no impact on decision-making. However, it is very strange that it was mentioned in the draft statute of the Association of Serbian Municipalities, which brought it back into the political discourse," Muhaxhiri told Kosovo Online.

He adds that every time the UN Security Council meetings are dedicated to the situation in Kosovo, Russia and China always mention Resolution 1244.

"However, I think that the reality in Kosovo has bypassed this Resolution and that it has no real impact on political developments in Kosovo," says Muhaxhiri.