KOSOVO & YUGOSLAVIA: LAW IN CRISIS

... a presentation of JURIST: The Law Professors' Network
Pittsburgh | Cambridge | Toronto | Canberra

Peace Agreement


This is the full text of the accord on the demilitarisation of the Kosovo Liberation Army (KLA, known in Kosovo by its initials UCK) signed by KLA chief Hashim Thaqi and KFOR commander Lieutenant-General Mike Jackson in Pristina on June 21, 1999:

UNDERTAKING OF DEMILITARISATION AND TRANSFORMATION BY THE UCK

1. This Undertaking provides for a ceasefire by the UCK, their disengagement from the zones of conflict, subsequent demilitarisation and reintegration into civil society, in accordance with the terms of UNSCR 1244 and taking account of the obligations agreed to at Rambouillet and the public commitments made by the Kosovar Albanian Rambouillet delegation.

2. The UCK undertake to renounce the use of force, to comply with the directions of the Commander of the international security force in Kosovo (COMKFOR), and where applicable the head of the interim civil administration for Kosovo, and to resolve peacefully any questions relating to the implementation of this undertaking.

3. The UCK agree that the International Security Presence (KFOR) and the international civil presence will continue to deploy and operate without hindrance within Kosovo and that KFOR has the authority to take all necessary action to establish and maintain a secure environment for all citizens of Kosovo and otherwise carry out its mission.

4. The UCK agrees to comply with all of the obligations of this Undertaking and to ensure that with immediate effect all UCK forces in Kosovo and in neighbouring countries will observe the provisions of this Undertaking, will refrain from all hostile or provocative acts, hostile intent and freeze military movement in either direction across international borders or the boundary between Kosovo and other parts of the FRY, or any other actions inconsistent with the spirit of UNSCR 1244. The UCK in Kosovo agree to commit themselves publicly to demilitarise in accordance with paragraphs 22 and 23, refrain from activities which jeopardise the safety of international governmental and non-governmental personnel including KFOR, and to facilitate the deployment and operation of KFOR.

5. For purposes of this Undertaking, the following expressions shall have the meanings as described below:

6. The purposes of this Undertaking are as follows: 7. The actions of the UCK shall be in accordance with this Undertaking. "The KFOR" commander in consultation, where appropriate, with the interim civil administrator will be the final authority regarding the interpretation of this Undertaking and the security aspects of the peace settlement it supports. His determinations will be binding on all parties and persons.

Cessation of Hostilities

8. With immediate effect on signature the UCK agrees to comply with this Undertaking and with the directions of COMKFOR. Any forces which fail to comply with this Undertaking or with the directions of COMKFOR will be liable to military action as deemed appropriate by COMKFOR.

9. With immediate effect on signature of this Undertaking all hostile acts by the UCK will cease. The UCK Chief of General Staff undertakes to issue clear and precise instructions to all units and personnel under his command, to ensure contact with the FRY forces is avoided and to comply fully with the arrangements for bringing this Undertaking into effect. He will make announcements immediately following final signature of this Undertaking, which will be broadcast regularly through all appropriate channels to assist in ensuring that instructions to maintain this Undertaking reach all the forces under his command and are understood by the public in general.

10. The UCK undertakes and agrees in particular:

11. The UCK agrees not to conduct any reprisals, counter-attacks, or any unilateral actions in response to violations of the UNSCR 1244 and other extant agreements relating to Kosovo.

This in no way denies the right of self-defence.

12. The UCK agrees not to interfere with those FRY personnel that return to Kosovo to conduct specific tasks as authorised and directed by COMKFOR.

13. Except as approved by COMKFOR, the UCK agrees that its personnel in Kosovo will not carry weapons of any type:

14. Within 4 days of signature of this Undertaking: Cross-Border Activity

15. With immediate effect the UCK will cease the movement of armed bodies into neighbouring countries. All movement of armed bodies into Kosovo will be subject to the prior approval of COMKFOR.

Monitoring the Cessation of Hostilities

16. The authority for dealing with breaches of this Undertaking rests with COMKFOR. He will monitor and maintain and if necessary enforce the cessation of hostilities.

17. The UCK agrees to co-operate fully with KFOR and the interim civil administration for Kosovo. The Chief of the General Staff of the UCK will ensure that prompt and appropriate action is taken to deal with any breaches of this Undertaking by his forces as directed by COMKFOR.

18. Elements of KFOR will be assigned to maintain contact with the UCK and will be deployed to its command structure and bases.

19. KFOR will establish appropriate control at designated crossing points into Albania and the FYROM.

Joint Implementation Commission (JIC)

20. A JIC will be established in Pristina within 4 days of the signature of this Undertaking. The JIC will be chaired by COMKFOR, and will comprise the senior commanders of KFOR and the UCK, and a representative from the interim civil administration for Kosovo.

21. The JIC will meet as often as required by COMKFOR throughout the implementation of this Undertaking. It may be called without prior notice and representation by the UCK is expected at a level appropriate with the rank of the KFOR chairman. Its functions will include:

Demilitarisation and Transformation

22. The UCK will follow the procedures established by COMKFOR for the phased demilitarisation, transformation and monitoring of UCK forces in Kosovo and for the further regulation of their activities. They will not train or organise parades without the authority of COMKFOR.

23. The UCK agrees to the following timetable which will commence from the signature of this Undertaking:

24. The provisions of this Undertaking enter into force with immediate effect of its signature by the Kosovar Albanian representative(s).

25. The UCK intends to comply with the terms of the United Nations Security Council Resolution 1244, and in this context that the international community should take due and full account of the contribution of the UCK during the Kosovo crisis and accordingly give due consideration to:


This is the text of the G8 peace plan taken to Belgrade by the EU and Russian envoys, and agreed to on June 3 by the Serbian Parliament and President Milosevic:

Agreement should be reached on the following principles to move toward a resolution of the Kosovo crisis:

  1. Immediate and verifiable end of violence and repression in Kosovo.

  2. Verifiable withdrawal from Kosovo of all military, police and paramilitary forces according to a rapid timetable.

  3. Deployment in Kosovo under UN auspices of effective international civil and security presences, acting as may be decided under Chapter VII of the Charter, capable of guaranteeing the achievement of common objectives.

  4. The international security presence, with substantial Nato participation, must be deployed under unified command and control, and authorised to establish a safe environment for all people in Kosovo and to facilitate the safe return to their homes of all displaced persons and refugees.

  5. Establishment of an interim administration for Kosovo, as part of the international civil presence, under which the people of Kosovo can enjoy a substantial autonomy within the Federal Republic of Yugoslavia, to be decided by the Security Council of the United Nations. Interim administration to provide transitional administration while establishing and overseeing the development of provisional democratic self-governing institutions to ensure conditions for a peaceful and normal life of all inhabitants in Kosovo.

  6. After withdrawal, an agreed number of Yugoslav and Serbian personnel will be permitted to return to perform the following functions:

    Liaison with international civil mission and international security presence
    Marking/clearing minefields
    Maintaining a presence at Serb patrimonial sites
    Maintaining a presence at key border crossings.

  7. Safe and free return of all refugees and displaced persons under the supervision of the UNHCR and unimpeded access to Kosovo by humanitarian aid organisations.

  8. A political process towards the establishment of an interim political framework agreement providing for a substantial self-government for Kosovo, taking full account of the Rambouillet accords and the principles of sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other countries of the region, and the demilitarisation of the KLA. Negotiations between the parties for a settlement should not delay or disrupt the establishment of democratic self-governing institutions.

  9. Comprehensive approach to the economic development and stabilisation of the crisis region. This will include the implementation of a Stability Pact for South-Eastern Europe with broad international participation in order to further promotion of democracy, economic prosperity, stability and regional cooperation.

  10. Suspension of military activity will require acceptance of the principles set forth above in addition to agreement to other, previously identified, required elements, which are specified in the footnote below. A military-technical agreement will then be rapidly concluded that would, among other things, specify additional modalities, including the roles and functions of Yugoslav/Serb personnel in Kosovo.
Withdrawal

Procedures for withdrawals, including the phased, detailed schedule and delineation of a buffer area in Serbia beyond which forces will be withdrawn.

Returning Personnel

Other required elements

A second footnote refers to the composition of the international force, as follows:

It is understood that Nato considers an international security force with "substantial Nato participation" to mean unified command and control and having Nato at the core.

This in turn means a unified Nato chain of command under the political direction of the North Atlantic Council in consultation with non-Nato force contributors.

All Nato countries, partners and other countries will be eligible to contribute to the international security force. Nato units would be under Nato command.

It is understood that Russia's position is that the Russian contingent will not be under Nato command and its relationship to the international presence will be governed by relevant additional agreements.


Reader comments
JURIST invites your comments on the Kosovo peace plan. Use this form, or send e-mail directly to
JURIST@law.pitt.edu
JURIST vas poziva da komentarisete mirovni plan za Kosovo. Upotrebite ovu formu ili saljite e-mail direktno JURIST@law.pitt.edu  Komentare mozete slati na srpskom jeziku.
Comments:

Your Name [optional]:
Organization [optional]:
E-Mail Address:
State/Country:


Return to JURIST's Kosovo & Yugoslavia: Law in Crisis

JURIST: The Law Professors' Network is directed by Professor Bernard J. Hibbitts, Associate Dean for Communications & Information Technology, University of Pittsburgh School of Law, Pittsburgh, Pennsylvania, USA, in consultation with an international Advisory Board. E-mail JURIST at JURIST@law.pitt.edu.

© Bernard J. Hibbitts, 1999. All rights reserved. These pages may not be copied, reposted, or republished, in whole or in part, electronically or in print, without express written permission.

NOTICE
JURIST regrets that it cannot provide legal advice. For assistance with specific legal problems, please consult a licensed attorney in your jurisdiction.