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44 German Y.B. Int'l L. 353 (2001)
The Legal Framework for the Activities of the United Nations Interim Administration Mission in Kosovo: The Charter, Human Rights, and the Law of Occupation

handle is hein.journals/gyil44 and id is 354 raw text is: The Legal Framework for the Activities of the United Nations Interim Administration Mission in Kosovo: The Charter, Human Rights, and the Law of Occupation By Tobias H. Irmscher The establishment of an international administration in Kosovo under the auspices of the UN in June 1999, following the NATO air strikes, reflected an im- portant development in international politics and law. Previously, the UN had taken over responsibility for civil society on very few occasions,' but in Kosovo this was, for the first time, based on a mandatory resolution of the UN Security Council (SC) under Chapter VII of the Charter.2 -This article, concluded in June 2001, is based on a long essay for the LL.M. course at the University of London. The author is most grateful to Mr. Christopher Greenwood, QC, Pro- fessor of International Law at the London School of Economics, for reading the draft and for his very helpful comments. The views expressed and errors remain the responsibility of the author. He also wishes to acknowledge the support and encouragement of Dr. DieterBlumen- witz, Professor at the University of Wuerzburg, and Dr. Jose/Drex, Professor at the Universi- ty of Munich. 'Notably, this was the case in West-Irian and Cambodia, on the basis of an agreement re- spectively - Steven R. Rater, The Cambodia Settlement Agreements, American Journal of In- ternational Law (AJIL), vol. 87, 1993, 1, 11-25. Further instances with, in part, different characteristics are referred to by Marthias Ruffer, The Administration of Kosovo and East- Timor by the International Community, International and Comparative Law Quarterly, vol. 50, 2001, 613, 614-615. He also mentions that Art. 81 of the UN Charter envisages the possibility of the UN itself acting as administering authority, although this has never occurred. Cf also Andreas Zimmermana/Carsten Stahn, Yugoslav Territory, United Nations Trustee- ship or Sovereign State? Reflections on the Current and Future Legal Status of Kosovo, Nordic Journal of International Law, vol. 70,2001 (forthcoming). The League of Nations had already set up an international administration for the Letitia area, a territory in dispute between Peru and Columbia in 1933-1934, see Finn Seyersted, United Nations Forces in the Law of Peace and War, 1966, 28. 2 Later in 1999, the SC established the UN Transitional Authority in East Timor (UNTAET), again acting under Chapter VII - Michaelj. Matheson, United Nations Govern- ance of Postconflict Societies, AJIL, vol. 95, 2001, 76, 81-83.

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