Resolution 1244 in the context of "United Nations Interim Administration Mission in Kosovo"

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⭐ Core Definition: Resolution 1244

United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yugoslavia and established the United Nations Interim Administration Mission in Kosovo (UNMIK). It followed an agreement by Yugoslav President Slobodan Milošević to terms proposed by President of Finland Martti Ahtisaari and former Prime Minister of Russia Viktor Chernomyrdin on 8 June, involving withdrawal of all Yugoslav state forces from Kosovo (Annex 2 of the Resolution). Annex 2 also specified that "After withdrawal, an agreed number of Yugoslav and Serbian personnel will be permitted to return to perform the following functions:· Liaison with the international civil mission and the international security presence;· Marking/clearing minefields;· Maintaining a presence at Serb patrimonial sites;· Maintaining a presence at key border crossings."

Resolution 1244 was adopted by 14 votes in favour to none against. China abstained despite being critical of the NATO offensive, particularly the bombing of its embassy. It argued that the conflict should be settled by the Yugoslav government and its people, and was opposed to external intervention. However, as the Federal Republic of Yugoslavia accepted the peace proposal, China did not veto the resolution.

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Resolution 1244 in the context of Advisory opinion on Kosovo's declaration of independence

Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo was a request in 2008 for an advisory opinion referred to the International Court of Justice by the United Nations General Assembly regarding the 2008 Kosovo declaration of independence. The territory of Kosovo is the subject of a dispute between Serbia and the Republic of Kosovo established by the declaration. This was the first case regarding a unilateral declaration of independence to be brought before the court.

The court delivered its advisory opinion on 22 July 2010; by a vote of 10 to 4, it declared that "the adoption of the declaration of independence of 17 February 2008 did not violate general international law because international law contains no 'prohibition on declarations of independence', nor did the adoption of the declaration of independence violate UN Security Council Resolution 1244, since this did not describe Kosovo's final status, nor had the Security Council reserved for itself the decision on final status." Reactions to the decision were mixed, with most countries which already recognised Kosovo hailing the decision and saying it was "unique" and does not set a precedent; while many countries which do not recognise Kosovo said they would not be doing so as such recognition could set a precedent of endorsing secession in other places.

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