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NATO

UK Government: Kosovo Not A Precedent for NATO Missions Without UN Authorisation

8 March 1999

By Tasos Kokkinides

The relationship between the UN and NATO was the subject of the symposium organised by the United Nations Association (UNA) at the House of Commons on 1 March.

Speakers included Sir David Hannay, former UK ambassador to NATO and the UN; Ian Wood, Foreign Office; Mike Sherratt, Ministry of Defence; Lt-Col Philip Wilkinson, Directorate-General of Development and Doctrine, Ministry of Defence; Martin Smith, Lecturer at Sandhurdst; Kjeld Akjaer; and Tasos Kokkinides, BASIC.

The major theme of the symposium was whether NATO has the legitimacy to conduct non-article V missions without the explicit authorisation of the UN Security Council. Sir Hannay and the government representatives argued that NATO should maintain flexibility in dealing with situations like Kosovo. Sir Hannay argued that Article 2.7 of the UN Charter, which declares that "nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state", may contradict - as in the case of Kosovo - other important principles, such as gross violation of human rights, contained in the Charter. Sir Hannay argued that it is inconceivable that NATO would conduct missions outside Europe. British government representatives argued that Kosovo does not establish a precedent.

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