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45 N.Y. L. Sch. L. Rev. 91 (2001-2002)
Nato's use of Force in the Balkans

handle is hein.journals/nyls45 and id is 113 raw text is: NATO'S USE OF FORCE IN THE BALKANS JUDITH A. MILLER I am very pleased to be part of this celebration of Dean Harry Wellington's extraordinary contributions to both legal scholarship and to the well-being of two major law schools. My topic isn't directly re- lated to the substantive fields that have benefited from Harry Welling- ton's contributions, but it is related to his formative influence on me, when he was my first-term, small group professor at Yale for constitu- tional law. As I recall it, Dean Wellington decided to teach Constitu- tional Law because he started thinking about what eventually became his book on interpreting the Constitution. What was particularly strik- ing and memorable about that class for me was his willingness to invite us into his classroom as his partners-admittedly very green ones. It was a model that I tried to follow while I was General Counsel for the Department of Defense, as we encountered one impossible issue after another, often arising in contexts where there were no authoritative sources to consider or much less be bound by. We may not have lived up entirely to Dean Wellington's collaborative, but rigorously honest and probing approach-but we tried. One of the issues* we struggled with was the use of force by the North Atlantic Treaty Organization (NATO), first in Bosnia, and then in Kosovo. It is quite possible that the actions taken by the NATO alli- ance there signaled a fundamental change in both the post World War II (WWH) international security paradigm and in the use of force in our post-cold war environment. In order to address the legal signifi- cance of these events, I would like to set the stage for our discussion. Since the end of WWII, the legal justification for the use of force to ensure international peace and security has typically started with the United Nations Charter. Under that Charter, member nations have committed to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of * I would like particularly to acknowledge CAPT Harvey Dalton, USN (Ret.), Associate Counsel, Office of the Department of Defense General Counsel, for all of his assistance and advice on these issues.

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