INTRODUCTORY NOTE
THE REQUEST
1. On 8 October 2008, the General Assembly, at its sixty-third session, adopted
resolution 63/3 by a recorded vote of 77 in favour to 6 against with 74 abstentions. The
full text of the resolution containing the request reads:
The General Assembly ,
Mindful of the purposes and principles of the United Nations,
Bearing in mind its functions and powers under the Charter of the United Nations,
Recalling that on 17February 2008 the Provisional Institutions of Self-Government
of Kosovo declared independence from Serbia,
Aware that this act has been received with varied reactions by the Members of the
United Nations as to its compatibility withe existing international legal order,
Decides , in accordance with Article96 of the Charter of the United Nations to
request the International Courof Justice, pursuant to Article 65 of the Statute of the
Court to render an advisory opinion on the following question:
“Is the unilateral declaration of indendence by the Provisional Institutions of
Self-Government of Kosovo in acco rdance with international law?”
FRAMEWORK OF THE DOSSIER
2. The Dossier, prepared pursuant to the Order of the President of the International
Court of Justice of 17 October 2008 and paragraph 2 of Article 65 of the Statute of the
Court, contains the documents and other material of the United Nations as well as
international instruments likely to throw light upon the question on which the advisory
opinion of the Court is requested. The documents are numbered consecutively and
identified by title and, where appropriate, by official United Nations symbol.
3. The Dossier is divided into three Parts. Part I contains background material
relating to the request by the General Assembly for an advisory opinion. Part II contains
material relating to the establishment of the United Nations Interim Administration
Mission in Kosovo (UNMIK), the administration of Kosovo and the future status process.
Part III contains material on general questions of international law of relevance to the
question before the Court.
4. The approach taken to the preparation of the Dossier is “comprehensive but
relevant” The Dossier is meant to give an overview of all aspects of UNMIK’s
administration of Kosovo through a selection of UN and other documents. With the
exception of Section C of Part II, which includes all Secretary-General’s reports on
- 1 -UNMIK, all other Sections include a selective choice of documents prefaced by an
explanatory paragraph. The “beginning date” of Part II of the Dossier is set at March
1998, which is the starting point for the UN’s engagement in Kosovo. The end date
varies. For events in Kosovo, with the exception of one Regulation, the “end date” is
February 2008 – the date of the unilateral declaration of independence. For other UN
documents, it ends in November 2008 with the latest Secretary-General’s report.
PART I: MATERIAL RELATING TO THE REQUEST BY THE GENERAL
ASSEMBLY FOR AN ADVISORY OPINION
5. In a letter dated 15 August 2008 to the Secretary-General, the Permanent
Representative of Serbia to the United Nations transmitted a request from the Republic of
Serbia for the inclusion in the agenda of the sixty-third session of the General Assembly
of a supplementary item entitled “Request for an advisory opinion of the International
Court of Justice on whether the unilateral declaration of independence of Kosovo is in
accordance with international law”; an explanatory memorandum was attached to the
request (A/63/195 of 22 August 2008). [Dossier No. 1]
6. On 17 September 2008, the General Committee issued its first report on the
“Organization of the sixty-third regular session of the General Assembly, adoption of the
agenda and allocation of items”, recommending the inclusion in the draft agenda of the
item requested by Serbia (A/63/250 of 17 September 2008). [Dossier No. 2]
7. At the second plenary meeting of its sixty-third session held on 19 September
2008, the General Assembly approved the recommendation of the General Committee for
inclusion of the item in the agenda of the sixty-third session under heading F. “Promotion
of justice and international law”, and allocated it to the Plenary (A/63/PV.2). [Dossier
No. 3]
8. Under agenda item 71 of the sixty-third session of the General Assembly, Serbia
submitted draft resolution A/63/L.2 dated 23 September 2008 on the “Request for an
advisory opinion of the International Court of Justice on whether the unilateral
declaration of independence of Kosovo is in accordance with international law”
(A/63/L.2 of 23 September 2008). [Dossier No. 4]
9. Under cover of a letter dated 1 October 2008 addressed to the President of the
General Assembly, the Permanent Representative of the United Kingdom of Great Britain
and Northern Ireland to the United Nations attached a “note of issues” relating to the
request (A/63/461 of 2 October 2008). [Dossier No. 5]
10. At the 22ndplenary meeting of its sixty-third session held on 8 October 2008, the
General Assembly adopted the draft resolution submitted by Serbia by a recorded vote of
77 in favour to 6 against, with 74 abstentions (A/63/PV.22). [Dossier No. 6]
- 2 -11. General Assembly resolution 63/3, “Request for an advisory opinion of the
International Court of Justice on whether the unilateral declaration of independence of
Kosovo is in accordance with international law” (A/RES/63/3 of 8 October 2008).
[Dossier No. 7]
PART II: MATERIAL RELATING TO THE ESTABLISHMENT OF UNMIK
AND THE ADMINISTRATION OF KOSOVO
A. UN engagement in Kosovo prior to the establishment of UNMIK
12. Section A of Part II contains material relating to the period of UN engagement in
Kosovo as of March 1998 leading to the establishment of the United Nations Interim
Administration Mission in Kosovo (UNMIK) under Security Council resolution 1244
(1999). It consists of relevant Security Council resolutions, reports of the Secretary-
General to the Security Council pursuant to Security Council resolutions 1160 (1998),
1999 (1998) and 1203 (1998), Statements by the President of the Security Council and an
official communication by the Permanent Mission of Yugoslavia to the President of the
Security Council. In general, they describe the evolving situation in Yugoslavia and in
Kosovo, in particular, and the related discussions in the Security Council. The reports of
the Secretary-General include information on the monitoring of the sanctions regime
imposed on the Federal Republic of Yugoslavia, the human rights situation and
humanitarian efforts in the region and information on the activities of the European
Union and the Organization for Security and Cooperation in Europe.
th
13. Security Council, provisional verbatim record, fifty-third year, 3868 meeting,
Tuesday, 31 March 1998, 3:30 p.m. (S/PV.3868). [Dossier No. 8]
14. Security Council resolution 1160 (1998) adopted on 31 March 1998 (S/RES/1160
(1998)). [Dossier No. 9]
15. Report of the Secretary-General Prepared Pursuant to Security Council Resolution
1160 (1998) (S/1998/361 of 30 April 1998). [Dossier No. 10]
16. Report of the Secretary-General Prepared Pursuant to Resolution 1160 (1998) of
the Security Council (S/1998/470 of 4 June 1998). [Dossier No. 11]
17. Report of the Secretary-General Prepared Pursuant to Resolution 1160 (1998) of
the Security Council (S/1998/608 of 2 July 1998). [Dossier No. 12]
18. Report of the Secretary-General Prepared Pursuant to Resolution 1160 (1998) of
the Security Council (S/1998/712 of 5 August 1998). [Dossier No. 13]
19. Statement by the President of the Security Council (S/PRST/1998/25 of 24
August 1998). [Dossier No. 14]
- 3 -20. Report of the Secretary-General Prepared Pursuant to Resolution 1160 (1998) of
the Security Council (S/1998/834 of 4 September 1998). [Dossier No. 15]
21. Report of the Secretary-General Prepared Pursuant to Resolution 1160 (1998) of
the Security Council (S/1998/834/Add.1 of 21 September 1998). [Dossier No. 16]
22. Security Council resolution 1199 (1998) adopted on 23 September 1998
(S/RES/1199 (1998)). [Dossier No. 17]
23. Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998)
and 1199 (1998) of the Security Council (S/1998/912 of 3 October 1998). [Dossier No.
18]
24. Letter dated 14 October 1998 from the Chargé d’Affaires a.i. of the Permanent
Mission of Yugoslavia to the United Nations addressed to the President of the Security
Council attaching the endorsement by the Government of the Yugoslav Republic of
Serbia of the accord reached by Slobodan Milosevic, President of the Federal Republic of
Yugoslavia, and the United States Special Envoy, Richard Holbrooke (S/1998/953 of 14
October 1998). [Dossier No. 19]
25. Security Council resolution 1203 (1998) adopted on 24 October 1998
(S/RES/1203 (1998)). [Dossier No. 20]
26. Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998),
1199 (1998) and 1203 (1998) of the Security Council (S/1998/1068 of 12 November
1998). [Dossier No. 21]
27. Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998),
1199 (1998) and 1203 (1998) of the Security Council (S/1998/1147 of 4 December
1998). [Dossier No. 22]
28. Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998),
1199 (1998) and 1203 (1998) of the Security Council (S/1998/1221 of 24 December
1998). [Dossier No. 23]
29. Statement by the President of the Security Council (S/PRST/1999/2 of 19 January
1999). [Dossier No. 24]
30. Statement by the President of the Security Council (S/PRST/1999/5 of 29 January
1999). [Dossier No. 25]
31. Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998),
1199 (1998) and 1203 (1998) of the Security Council (S/1999/99 of 30 January 1999).
[Dossier No. 26]
- 4 -32. Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998),
1199 (1998) and 1203 (1998) of the Security Council (S/1999/293 of 17 March 1999).
[Dossier No. 27]
33. Security Council resolution 1239 (1999) adopted on 14 May 1999 (S/RES/1239
(1999)). [Dossier No. 28]
B. Security Council Resolution 1244 (1999)
34. This Section contains background material leading to the adoption on 10 June
1999 of Security Council resolution 1244 (1999) and related documents referenced in the
resolution.
35. Letter dated 6 May 1999 from the Permanent Representative of Germany to the
United Nations addressed to the President of the Security Council attaching a Statement
of the Chairman of the meeting of the G-8 Foreign Ministers on the general principles on
the political solution to the Kosovo crisis (S/1999/516 of 6 May 1999). [Dossier No. 29]
36. Letter dated 4 June 1999 from the Permanent Representative of France to the
United Nations addressed to the Secretary-General of the United Nations attaching the
Rambouillet Accords: Interim Agreement for Peace and Self-Government in Kosovo
(S/1999/648 of 7 June 1999). [Dossier No. 30]
37. Letter dated 7 June 1999 from the Permanent Representative of Germany to the
United Nations addressed to the President of the Security Council attaching the
Agreement on the principles (peace plan) to move towards a resolution of the Kosovo
crisis presented to the leadership of the Federal Republic of Yugoslavia by the President
of Finland, Martti Ahtisaari, representing the European Union, and Viktor Chernomyrdin,
Special Representative of the President of the Russian Federation (S/1999/649 of 7 June
1999. [Dossier No. 31]
38. A Military Technical Agreement between the International Security Force
(“KFOR”) and the Governments of the Federal Republic of Yugoslavia and the Republic
of Serbia, concluded on 9 June 1999 (Source: Official NATO website). [Dossier No. 32]
39. Security Council, provisional verbatim record, fifty-fourth year, 4011 meeting,
Thursday, 10 June 1999, 12:15 p.m. (S/PV.4011 and S/PV.4011 (Resumption 1)).
[Dossier No. 33]
40. Security Council resolution 1244 (1999) adopted on 10 June 1999 (S/RES/1244
(1999)). [Dossier No. 34]
- 5 -C. Reports of the Secretary-General to the Security Council on the United
Nations Interim Administration Mission in Kosovo, Presidential Statements and
official communications from Member States
41. This Section contains, in chronological order, reports of the Secretary-General to
the Security Council pursuant to Security Council resolution 1244 (1999), Statements by
the President of the Security Council and official communications from Member States.
The Secretary-General’s reports, issued on a quarterly basis, provide a detailed
description of the full breadth of UNMIK’s activities, the structure of the Mission, its
powers and competencies, concept of operation and the relationship between UNMIK
and the international organizations that played a lead role in UNMIK’s four Pillars,
namely the United Nations, the European Union and the Organization for Security and
Cooperation in Europe. The reports provide regular updates on, and assessments of, the
security, political, economic, and humanitarian situation, as well as on capacity and
institution-building, in particular, the establishment of a Constitutional Framework for
Provisional Self-Government for Kosovo, the establishment and functioning of
Provisional Institutions of Self-Government of Kosovo (PISG) and other administrative
structures established pursuant to the Constitutional Framework, transfer of competencies
to the PISG, municipal and Kosovo-wide elections, dialogue between Pristina and
Belgrade and technical assessments on the implementation of the “Standards for
Kosovo”. For a number of years, UNMIK Regulations were annexed to Secretary-
General’s reports for the information of the Security Council. These annexes are not
included in this Section. Relevant UNMIK Regulations, however, are included in Section
F below.
42. Report of the Secretary-General Pursuant to Paragraph 10 of Security Council
Resolution 1244 (1999) (S/1999/672 of 12 June 1999). [Dossier No. 35]
43. Letter dated 17 June 1999 from the President of the Security Council to the
Secretary-General (S/1999/689 of 17 June 1999). [Dossier No. 36]
44. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/1999/779 of 12 July 1999). [Dossier No. 37]
45. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/1999/987 of 16 September 1999). [Dossier No. 38]
46. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/1999/987/Add.1 of 26 October 1999). [Dossier No. 39]
47. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/1999/1250 of 23 December 1999). [Dossier No. 40]
48. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2000/177 of 3 March 2000). [Dossier No. 41]
- 6 -49. Letter dated 14 April 2000 from the President of the Security Council to the
Secretary-General (S/2000/320 of 17 April 2000). [Dossier No. 42]
50. Report of the Security Council Mission on the implementation of Security
Council resolution 1244 (1999) (S/2000/363 of 29 April 2000). [Dossier No. 43]
51. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2000/538 of 6 June 2000). [Dossier No. 44]
52. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2000/878 of 18 September 2000). [Dossier No. 45]
53. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2000/1196 of 15 December 2000). [Dossier No. 46]
54. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2001/218 of 13 March 2001). [Dossier No. 47]
55. Statement by the President of the Security Council (S/PRST/2001/8 of 16 March
2001). [Dossier No. 48]
56. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2001/565 of 7 June 2001). [Dossier No. 49]
57. Report of the Security Council Mission on the implementation of Security
Council resolution 1244 (1999) (S/2001/600 of 19 June 2001). [Dossier No. 50]
58. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2001/926 of 2 October 2001). [Dossier No. 51]
59. Statement by the President of the Security Council (S/PRST/2001/27 of 5 October
2001). [Dossier No. 52]
60. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2002/62 of 15 January 2002). [Dossier No. 53]
61. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2002/436 of 22 April 2002). [Dossier No. 54]
62. Statement by the President of the Security Council (S/PRST/2002/11 of 24 April
2002). [Dossier No. 55]
63. Statement by the President of the Security Council (S/PRST/2002/16 of 24 May
2002). [Dossier No. 56]
- 7 -64. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2002/779 of 17 July 2002). [Dossier No. 57]
65. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2002/1126 of 9 October 2002). [Dossier No. 58]
66. Standards for Kosovo, UNMIK Press Release (UNMIK/PR/1078 of 10 December
2003). [Dossier No. 59]
67. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2003/113 of 29 January 2003). [Dossier No. 60]
68. Statement by the President of the Security Council (S/PRST/2003/1 of 6 February
2003). [Dossier No. 61]
69. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2003/421 of 14 April 2003). [Dossier No. 62]
70. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2003/675 of 26 June 2003). [Dossier No. 63]
71. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2003/996 of 15 October 2003). [Dossier No. 64]
72. Statement by the President of the Security Council (S/PRST/2003/26 of 12
December 2003). [Dossier No. 65]
73. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2004/71 of 26 January 2004). [Dossier No. 66]
74. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2004/348 of 30 April 2004). [Dossier No. 67]
75. Statement by the President of the Security Council (S/PRST/2004/13 of 30 April
2004). [Dossier No. 68]
76. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2004/613 of 30 July 2004). [Dossier No. 69]
77. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2004/907 of 17 November 2004). [Dossier No. 70]
78. Letter dated 17 November 2004 from the Secretary-General addressed to the
President of the Security Council (S/2004/932 of 30 November 2004). [Dossier No. 71]
- 8 -79. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2005/88 of 14 February 2005). [Dossier No. 72]
80. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2005/335 of 23 May 2005). [Dossier No. 73]
81. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo, Corrigendum (S/2005/335/Corr.1 of 26 May 2005). [Dossier No. 74]
82. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2006/45 of 25 January 2006). [Dossier No. 75]
83. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2006/361 of 5 June 2006). [Dossier No. 76]
84. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2006/707 of 1 September 2006). [Dossier No. 77]
85. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2006/906 of 20 November 2006). [Dossier No. 78]
86. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2007/134 of 9 March 2007). [Dossier No. 79]
87. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2007/395 of 29 June 2007). [Dossier No. 80]
88. Letter dated 10 July 2007 from the Permanent Representative of Serbia to the
United Nations addressed to the Secretary-General (S/2007/427 of 12 July 2007).
[Dossier No. 81]
89. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2007/582 of 28 September 2007). [Dossier No. 82]
90. Letter dated 11 October 2007 from the Permanent Representative of Serbia to the
United Nations addressed to the Secretary-General (S/2007/606 of 15 October 2007).
[Dossier No. 83]
91. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2007/768 of 3 January 2008). [Dossier No. 84]
92. Letter dated 4 January 2008 from the Permanent Representative of Serbia to the
United Nations addressed to the President of the Security Council (S/2008/7 of 7 January
2008). [Dossier No. 85]
- 9 -93. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2008/211 of 28 March 2008). [Dossier No. 86]
94. Letter dated 17 April 2008 from the Permanent Representative of Serbia to the
United Nations addressed to the President of the Security Council (S/2008/260 of 18
April 2008). [Dossier No. 87]
95. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2008/354 of 12 June 2008). [Dossier No. 88]
96. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2008/458 of 15 July 2008). [Dossier No. 89]
97. Report of the Secretary-General on the United Nations Interim Administration
Mission in Kosovo (S/2008/692 of 24 November 2008). [Dossier No. 90]
98. Statement by the President of the Security Council (S/PRST/2008/44 of 26
November 2008). [Dossier No. 91]
D. Security Council provisional verbatim records
99. This Section contains, in chronological order, verbatim records of meetings of the
Security Council on the reports of the Secretary-General to the Security Council on
UNMIK and on developments in Kosovo in general. They reflect the views of members
of the Security Council on various aspects of the UN Administration in Kosovo.
100. Security Council, provisional verbatim record, fifty-fifth year, 4138 meeting,
Thursday, 11 May 2000, 10.50 a.m. (S/PV.4138). [Dossier No. 92]
rd
101. Security Council, provisional verbatim record, fifty-fifth year, 4153 meeting,
Friday, 9 June 2000, 10.30 a.m. (S/PV.4153). [Dossier No. 93]
102. Security Council, provisional verbatim record, fifty-fifth year, 4200 thmeeting,
th
Wednesday, 27 September 2000, 3 p.m. (S/PV.4200). [Dossier No. 94]
103. Security Council, provisional verbatim record, fifty-fifth year, 4225 thmeeting,
Thursday, 16 November 2000, 10.45 a.m. (S/PV.4225). [Dossier No. 95]
th
104. Security Council, provisional verbatim record, fifty-sixth year, 4258 meeting,
Thursday, 18 January 2001, 10 a.m. (S/PV.4258). [Dossier No. 96]
105. Security Council, provisional verbatim record, fifty-sixth year, 4298 thmeeting,
Friday, 16 March 2001, 6.40 p.m. (S/PV.4298). [Dossier No. 97]
st
106. Security Council, provisional verbatim record, fifty-sixth year, 4331 meeting,
Tuesday, 19 June 2001, 4 p.m. (S/PV.4331). [Dossier No. 98]
- 10 - th
107. Security Council, provisional verbatim record, fifty-sixth year, 4335 meeting,
Friday, 22 June 2001, 10 a.m. (S/PV.4335). [Dossier No. 99]
th
108. Security Council, provisional verbatim record, fifty-sixth year, 4387 meeting,
Friday, 5 October 2001, 10.35 a.m. (S/PV.4387). [Dossier No. 100]
109. Security Council, provisional verbatim record, fifty-sixth year, 4430 meeting,
Tuesday, 27 November 2001, 3.30 p.m. (S/PV.4430). [Dossier No. 101]
110. Security Council, provisional verbatim record, fifty-seventh year, 4454 meeting,
Monday, 21 January 2002, 10 a.m. (S/PV.4454). [Dossier No. 102]
th
111. Security Council, provisional verbatim record, fifty-seventh year, 4518 meeting,
Wednesday, 24 April 2002, 10.40 a.m. (S/PV.4518). [Dossier No. 103]
th
112. Security Council, provisional verbatim record, fifty-seventh year, 4559 meeting,
Wednesday, 26 June 2002, 10.30 a.m. (S/PV.4559). [Dossier No. 104]
113. Security Council, provisional verbatim record, fifty-seventh year, 4592 meeting,
Tuesday, 30 July 2002, 10.30 a.m. (S/PV.4592). [Dossier No. 105]
114. Security Council, provisional verbatim record, fifty-eighth year, 4702 ndmeeting,
Thursday, 6 February 2003, 10 a.m. (S/PV.4702). [Dossier No. 106]
nd
115. Security Council, provisional verbatim record, fifty-eighth year, 4742 meeting,
Wednesday, 23 April 2003, 10.30 a.m. (S/PV.4742). [Dossier No. 107]
th
116. Security Council, provisional verbatim record, fifty-eighth year, 4886 meeting,
Wednesday, 17 December 2003, 10 a.m. (S/PV.4886). [Dossier No. 108]
117. Security Council, provisional verbatim record, sixtieth year, 5188 thmeeting,
Friday, 27 May 2005, 10 a.m. (S/PV.5188). [Dossier No. 109]
118. Security Council, provisional verbatim record, sixtieth year, 5289 thmeeting,
Monday, 24 October 2005, 10 a.m. (S/PV.5289). [Dossier No. 110]
rd
119. Security Council, provisional verbatim record, sixty-first year, 5373 meeting,
Tuesday, 14 February 2006, 11.25 a.m. (S/PV.5373). [Dossier No. 111]
th
120. Security Council, provisional verbatim record, sixty-first year, 5588 meeting,
Wednesday, 13 December 2006, 3 p.m. (S/PV.5588). [Dossier No. 112]
121. Security Council, provisional verbatim record, sixty-second year, 5672 meeting,
Wednesday, 2 May 2007, 12.10 p.m. (S/PV.5672). [Dossier No. 113]
- 11 -122. Security Council, provisional verbatim record, sixty-second year, 5673 meeting,
Thursday, 10 May 2007, 10 a.m. (S/PV.5673). [Dossier No. 114]
st
123. Security Council, provisional verbatim record, sixty-third year, 5821 meeting,
Wednesday, 16 January 2008, 3 p.m. (S/PV.5821). [Dossier No. 115]
124. Letter dated 12 February 2008 from the Permanent Representative of Serbia to the
United Nations addressed to the President of the Security Council (S/2008/92 of 12
February 2008). [Dossier No. 116]
125. Letter dated 17 February 2008 from the Permanent Representative of Serbia to the
United Nations addressed to the President of the Security Council (S/2008/103 of 17
February 2008). [Dossier No. 117]
126. Letter dated 17 February 2008 from the Permanent Representative of the Russian
Federation to the United Nations addressed to the President of the Security Council
(S/2008/104 of 17 February 2008). [Dossier No. 118]
th
127. Security Council, provisional verbatim record, sixty-third year, 5839 meeting,
Monday, 18 February 2008, 3 p.m. (S/PV.5839). [Dossier No. 119]
128. Security Council, provisional verbatim record, sixty-third year, 5850 thmeeting,
Tuesday, 11 March 2008, 3 p.m. (S/PV.5850). [Dossier No. 120]
129. Letter dated 17 June 2008 from the Permanent Representative of Serbia to the
United Nations addressed to the President of the Security Council (S/2008/401 of 17 June
2008). [Dossier No. 121]
th
130. Security Council, provisional verbatim record, sixty-third year, 5917 meeting,
Friday, 20 June 2008, 10 a.m. (S/PV.5917). [Dossier No. 122]
131. Security Council, provisional verbatim record, sixty-third year, 5944 thmeeting,
Friday, 25 July 2008, 10 a.m. (S/PV.5944). [Dossier No. 123]
th
132. Security Council, provisional verbatim record, sixty-third year, 6025 meeting,
Wednesday, 26 November 2008, 3 p.m. (S/PV.6025). [Dossier No. 124]
E. KFO RReports
133. This Section contains a selection of reports from 1999 and from 2008 submitted
on a monthly basis by the international security presence (KFOR) on its operations in
Kosovo pursuant to Security Council Resolution 1244 (1999). These reports provide a
representative description of the activities of KFOR in Kosovo.
134. Letter dated 17 June 1999 from the Secretary-General addressed to the President
of the Security Council (S/1999/692 of 17 June 1999). [Dossier No. 125]
- 12 -135. Letter dated 8 July 1999 from the Secretary-General addressed to the President of
the Security Council (S/1999/767 of 8 July 1999). [Dossier No. 126]
136. Letter dated 10 August 1999 from the Secretary-General addressed to the
President of the Security Council (S/1999/868 of 10 August 1999). [Dossier No. 127]
137. Letter dated 15 September 1999 from the Secretary-General addressed to the
President of the Security Council (S/1999/982 of 15 September 1999). [Dossier No. 128]
138. Letter dated 15 October 1999 from the Secretary-General addressed to the
President of the Security Council (S/1999/1062 of 15 October 1999). [Dossier No. 129]
139. Letter dated 18 November 1999 from the Secretary-General addressed to the
President of the Security Council (S/1999/1185 of 18 November 1999). [Dossier No.
130]
140. Letter dated 17 December 1999 from the Secretary-General addressed to the
President of the Security Council (S/1999/1266 of 20 December 1999). [Dossier No.
131]
141. Letter dated 8 February 2008 from the Secretary-General to the President of the
Security Council (S/2008/89 of 11 February 2008). [Dossier No. 132]
142. Letter dated 26 March 2008 from the Secretary-General to the President of the
Security Council (S/2008/204 of 26 March 2008). [Dossier No. 133]
143. Letter dated 16 May 2008 from the Secretary-General to the President of the
Security Council (S/2008/331 of 16 May 2008). [Dossier No. 134]
144. Letter dated 3 June 2008 from the Secretary-General to the President of the
Security Council (S/2008/362 of 4 June 2008). [Dossier No. 135]
145. Letter dated 21 July 2008 from the Secretary-General addressed to the President
of the Security Council (S/2008/477 of 22 July 2008). [Dossier No. 136]
146. Letter dated 10 September 2008 from the Secretary-General addressed to the
President of the Security Council (S/2008/600 of 12 September 2008). [Dossier No. 137]
F. UNM RIegulations
147. This Section contains a selection of Regulations promulgated by UNMIK from
1999 to date, which form part of the applicable law in Kosovo. It includes Regulations
pertaining to the legal framework of UNMIK’s Administration, its powers and
competencies, institution-building and the gradual transfer of authority from UNMIK to
- 13 -local institutions in accordance with Security Council resolution 1244 (1999). At a later
stage of the UN Administration, where the competence to legislate in many fields was
transferred to the Assembly of Kosovo, legislative acts of the latter were promulgated by
the SRSG with the necessary modifications.
148. Regulation No. 1999/1 On the Authority of the Interim Administration in Kosovo
(UNMIK/REG/1999/1 of 25 July 1999); Regulation No. 1999/25 Amending UNMIK
Regulation No. 1999/1 On the Authority of the Interim Administration in Kosovo
(UNMIK/REG/1999/25 of 12 December 1999), and Regulation No. 2000/54 Amending
UNMIK Regulation No. 1999/1, as amended, On the Authority of the Interim
Administration in Kosovo (UNMIK/REG/2000/54 of 27 September 2000). [Dossier Nos.
138, 139, 140]
149. Regulation No. 1999/8 On the Establishment of the Kosovo Protection Corps
(UNMIK/REG/1999/8 of 20 September 1999) [Dossier No. 141]
150. Regulation No. 1999/10 On the Repeal of Discriminatory Legislation Affecting
Housing and Rights in Property (UNMIK/REG/1999/10 of 13 October 1999). [Dossier
No. 142]
151. Regulation No. 1999/16 On the Establishment of the Central Fiscal Authority of
Kosovo and Other Related Matters (UNMIK/REG/1999/16 of 6 November 1999).
[Dossier No. 143]
152. Regulation No. 2001/24 Amending UNMIK Regulation No. 1999/20 On the
Banking and Payments Authority of Kosovo (UNMIK/REG/2001/24 of 1 October 2001).
[Dossier No. 144]
153. Regulation No. 1999/23 On the Establishment of the Housing and Property
Directorate and the Housing and Property Claims Commission (UNMIK/REG/1999/23 of
15 November 1999). [Dossier No. 145]
154. Regulation No. 1999/24 On the Applicable Law in Kosovo
(UNMIK/REG/1999/24 of 12 December 1999); Regulation No. 2000/59 Amending
UNMIK Regulation No. 1999/24 On the Law Applicable in Kosovo
(UNMIK/REG/2000/59 of 27 October 2000). [Dossier Nos. 146, 147]
155. Regulation No. 2000/1 On the Kosovo Joint Interim Administrative Structure
(UNMIK/REG/2000/1 of 14 January 2000). [Dossier No. 148]
156. Regulation No. 2000/13 On the Central Civil Registry (UNMIK/REG/2000/13 of
17 March 2000). [Dossier No. 149]
157. Regulation No. 2000/18 On Travel Documents (UNMIK/REG/2000/18 of 29
March 2000). [Dossier No. 150]
- 14 -158. Regulation No. 2000/38 On the Establishment of the Ombudsperson Institution in
Kosovo (UNMIK/REG/2000/38 of 30 June 2000); UNMIK Regulation No. 2006/6 On
the Ombudsperson Institution in Kosovo (UNMIK/REG/2006/6 of 16 February 2006).
[Dossier Nos. 151, 152]
159. Regulation No. 2000/42 On the Establishment and Functioning of Liaison Offices
in Kosovo (UNMIK/REG/2000/42 of 10 July 2000). [Dossier No. 153]
160. Regulation No. 2000/45 On Self-Government of Municipalities in Kosovo
(UNMIK/REG/2000/45 of 11 August 2000). [Dossier No. 154]
161. Regulation No. 2000/47 On the Status, Privileges and Immunities of KFOR and
UNMIK and their Personnel in Kosovo (UNMIK/REG/2000/47 of 18 August 2000.
[Dossier No. 155]
162. Regulation No. 2001/9 On a Constitutional Framework for Provisional Self-
Government in Kosovo (UNMIK/REG/2001/9 of 15 May 2001); Regulation No. 2002/9
On an Amendment to the Constitutional Framework for Provisional Self-Government
(UNMIK/REG/2002/9 of 3 May 2002). [Dossier Nos. 156, 157]
163. Letter dated 5 May 2001 from the Permanent Representative of Yugoslavia to the
United Nations addressed to the President of the Security Council, attaching the
Resolution of the National Assembly of the Republic of Serbia of 4 May 2001 On the
situation in Kosovo and Metohija and the position of the Serbian people and members of
other non-Albanian Communities (S/2001/443 of 7 May 2001). [Dossier No. 158]
164. Letter dated 5 June 2001 from the Permanent Representative of Yugoslavia to the
United Nations addressed to the President of the Security Council (S/2001/563 of 6 June
2001). [Dossier No. 159]
165. Regulation No. 2001/19 On the Executive Branch of the Provisional Institutions
of Self-Government in Kosovo (UNMIK/REG/2001/19 of 13 September 2001). [Dossier
No. 160]
166. Regulation No. 2002/12 On the Establishment of the Kosovo Trust Agency
(UNMIK/REG/2002/12 of 13 June 2002). [Dossier No. 161]
167. Regulation No. 2004/4 On the Promulgation of the Law on Cadastre Adopted by
the Assembly of Kosovo (UNMIK/REG/2004/4 of 18 February 2004). [Dossier No. 162]
168. Regulation No. 2004/25 On the Promulgation of the Law on Academy of Science
and Arts of Kosovo Adopted by the Assembly of Kosovo (UNMIK/REG/2004/25 of 28
July 2004). [Dossier No. 163]
- 15 -169. Regulation No. 2004/30 On the Promulgation of the Law on International
Financial Agreements Adopted by the Assembly of Kosovo (UNMIK/REG/2004/30 of 9
August 2004). [Dossier No. 164]
170. Regulation No. 2005/21 On the Promulgation of the Law on Civil Status
Registers Adopted by the Assembly of Kosovo (UNMIK/REG/2005/21 of 7 May 2005).
[Dossier No. 165]
171. Regulation No. 2006/12 On the Establishment of the Human Rights Advisory
Panel (UNMIK/REG/2006/12 of 23 March 2006). [Dossier No. 166]
172. Regulation No. 2008/25 On the Promulgation of the Law on Amending and
Supplementing the Law on Civil Status Registers Adopted by the Assembly of Kosovo
(UNMIK/REG/2008/25 of 16 May 2008). [Dossier No. 167]
G. International agreements concluded by UNMIK on behalf of Kosovo and
other documents
173. This Section includes a selection of international agreements, bilateral and
multilateral, concluded by UNMIK on behalf of Kosovo, a Note Verbale from the UN
Office of Legal Affairs explaining the treaty making power of UNMIK (limited to the
extent necessary for the administration of the territory) and related official
communications from the Permanent Representative of the Federal Republic of
Yugoslavia, and later, the Republic of Serbia and Montenegro, to the United Nations, to
the Secretary-General and the President of the Security Council. They provide a
representative example of the powers exercised by UNMIK pursuant to Security Council
resolution 1244 (1999) in external relations. Also included are an Agreement on the
delineation of the boundary between the former Yugoslav Republic of Macedonia and the
Federal Republic of Yugoslavia and related documents.
174. Note Verbale from the Assistant Secretary-General for Legal Affairs of the
United Nations to the Permanent Mission of Germany concerning the treaty-making
power of UNMIK dated 12 March 2004. [Dossier No. 168]
175. Memorandum of Understanding between UNMIK and the Federal Republic of
Germany signed in Berlin on 17 November 1999 (on file with the UN Office of Legal
Affairs). [Dossier No. 169]
176. Memorandum of Understanding between UNMIK and Switzerland signed in
Pristina on 6 April 2000 (on file with the UN Office of Legal Affairs). [Dossier No. 170]
177. UNMIK-FRY Common Document, Belgrade, 5 November 2001 (on file with the
UN Office of Legal Affairs). [Dossier No. 171]
- 16 -178. Statement by the President of the Security Council (S/PRST/2001/34 of 9
November 2001). [Dossier No. 172]
179. Letter dated 6 November 2001 from the Permanent Representative of Yugoslavia
to the United Nations addressed to the Secretary-General (S/2001/1051 of 6 November
2001). [Dossier No. 173]
180. Letter dated 18 May 2005 from the Permanent Representative of Serbia and
Montenegro to the United Nations addressed to the President of the Security Council
(S/2005/329 of 20 May 2005). [Dossier No. 174]
181. Treaty Establishing the Energy Community of 25 October 2005 with attached
Declaration dated 4 October 2005 signed by the Special Representative of the Secretary-
General on the terms of UNMIK’s signature, and Statement of the Serbian Delegation at
the ceremony of signing of the Treaty on 25 October 2005 (on file with the UN Office of
Legal Affairs). [Dossier No. 175]
182. Letter dated 15 March 2001 from the Permanent Representative of the former
Yugoslav Republic of Macedonia to the United Nations addressed to the Secretary-
General attaching the “Agreement for the delineation of the borderline between the
Republic of Macedonia and the Federal Republic of Yugoslavia” (A/56/60 – S/2001/234
of 16 March 2001). [Dossier No. 176]
183. Statement by the President of the Security Council (S/PRST/2001/7 of 12 March
2001). [Dossier No. 177]
184. Resolution of the Kosovo Assembly, Commission for Judicial, Legislative and
Constitutional Framework Affairs, Commission for International Cooperation of 23 May
2002. [Dossier No. 178]
185. “Determination” by the Special Representative of the Secretary-General on the
“resolution on the protection of the territorial integrity of Kosovo” of 23 May 2002.
[Dossier No. 179]
186. Letter dated 31 May 2002 from the Permanent Representative of the former
Yugoslav Republic of Macedonia to the United Nations addressed to the President of the
Security Council attaching the “Declaration on the situation on the part of the northern
border of the Republic of Macedonia and with the Federal Republic of Yugoslavia”
(S/2002/609 of 31 May 2002). [Dossier No. 180]
187. Letter dated 3 June 2002 from the Secretary-General to the Minister for Foreign
Affairs of the former Yugoslav Republic of Macedonia (on file with the UN Office of
Legal Affairs). [Dossier No. 181]
- 17 -188. Letter dated 23 May 2002 from the Permanent Representative of Yugoslavia to
the United Nations addressed to the President of the Security Council (S/2002/574 of 23
May 2002). [Dossier No. 182]
189. Letter dated 24 May 2002 from the Permanent Representative of Yugoslavia to
the United Nations addressed to the President of the Security Council (S/2002/585 of 28
May 2002). [Dossier No. 183]
H. Actions by Kosovo institutions
190. This Section includes documents concerning attempts by Kosovo political
institutions to declare independence in 2002 and 2003 as well as the declaration of
independence by the Assembly of Kosovo on 17 February 2008. Also included are
documents concerning the actions taken by UNMIK and Serbia in this regard.
191. Letter dated 22 May 2002 from the Special Representative of the Secretary-
General to the President of the Assembly of Kosovo (on file with the UN Office of Legal
Affairs). [Dossier No. 184]
192. Letter dated 6 November 2002 from the Special Representative of the Secretary-
General to the President of the Assembly of Kosovo; Resolution of the Assembly of
Kosovo of 7 November 2002, “Pronouncement” by the Special Representative of the
Secretary-General of 7 November 2002 (on file with the UN Office of Legal Affairs).
[Dossier Nos. 185, 186, 187]
193. Declaration on Kosova – A Sovereign and Independent State, draft declaration by
the Assembly of Kosova, 3 February 2003 (on file with the UN Office of Legal Affairs).
[Dossier No. 188]
194. Letter dated 7 February 2003 from the Principal Deputy Special Representative of
the Secretary-General to the President of the Assembly of Kosovo (on file with the UN
Office of Legal Affairs). [Dossier No. 189]
195. CommoD neclaratioK,osovo Assembly, 13 February 2003 (on file with the UN
Office of Legal Affairs). [Dossier No. 190]
196. Declaration on Kosovo and Metohia by the National Assembly of the Republic of
Serbia, 27 August 2003 (on file with the UN Office of Legal Affairs). [Dossier No. 191]
197. Kosova Declaration of Independence by the Assembly of Kosovo, 17 February
2008 (on file with the UN Office of Legal Affairs). [Dossier No. 192]
- 18 -I. Future status process
198. This Section contains United Nations documents concerning the political
developments in the future status process for Kosovo. It includes the letters of
appointment of Kai Eide as the Secretary-General’s Special Envoy to conduct a
comprehensive review of the situation in Kosovo, and subsequently, of Martti Ahtisaari
as his Special Envoy to lead the future status process for Kosovo, and the reports they
produced. It also includes communications by Serbia to the United Nations on the
process, the report of the Security Council mission on the Kosovo issue, as well as the
report of the European Union/United States/Russian Federation Troika on Kosovo.
199. Letter dated 7 October 2005 from the Secretary-General addressed to the
President of the Security Council attaching the report of his Special Envoy, Kai Eide, on
“A comprehensive review of the situation in Kosovo” (S/2005/635 of 7 October 2005).
[Dossier No. 193]
200. Letter dated 4 May 2004 from the Permanent Representative of Serbia and
Montenegro to the United Nations addressed to the President of the Security Council
attaching the “Declaration on the Adoption of the Plan for the Political Solution to the
Current Situation in Kosovo and Metohija adopted by the National Assembly of the
Republic of Serbia on 29 April 2004 (S/2004/352 of 4 May 2004). [Dossier No. 194]
201. Statement by the President of the Security Council (S/PRST/2005/51 of 24
October 2005). [Dossier No. 195]
202. Letter dated 31 October from the Secretary-General addressed to the President of
the Security Council on the appointment of Martti Ahtisaari as his Special Envoy to lead
the future status process for Kosovo and of Albert Rohan as his deputy (S/2005/708 of 10
November 2005). [Dossier No. 196]
203. Letter dated 10 November 2005 from the President of the Security Council
addressed to the Secretary-General welcoming the Secretary-General’s intention to
appoint Martti Ahtisaari and Albert Rohan with attached Guiding principles of the
Contact Group for a settlement of the status of Kosovo (S/2005/709 of 10 November
2005). [Dossier No. 197]
204. Letter of Appointment dated 14 November 2005 from the Secretary-General to
Martti Ahtisaari with attached Terms of Reference (on file with the UN Office of Legal
Affairs). [Dossier No. 198]
205. Special Representative of the Secretary-General’s Statement on the resolution
passed by the Assembly of Kosovo, UNMIK Press Release (UNMIK/PR/1445 of 17
November 2005). [Dossier No. 199]
- 19 -206. Resolution adopted on 17 November 2005 by the Assembly of Kosovo “On
Reconfirmation of Political will of Kosova People for Kosova an Independent and
Sovereign State” (on file with the UN Office of Legal Affairs). [Dossier No. 200]
207. Letter dated 3 January 2007 from the Permanent Representative of Serbia to the
United Nations addressed to the Secretary-General with an annexed letter from the
President of the Republic of Serbia to the Secretary-General (A/61/688 – S/2007/2 of 5
January 2007). [Dossier No. 201]
208. Letter dated 17 February 2008 from the Permanent Representative of Serbia to the
United Nations addressed to the Secretary-General with an annexed letter from the Prime
Minister of the Republic of Serbia to the Secretary-General (A/62/703 – S/2008/111 of
19 February 2008). [Dossier No. 202]
209. Letter dated 26 March 2007 from the Secretary-General addressed to the
President of the Security Council attaching the Report of the Special Envoy of the
Secretary-General on Kosovo’s future status (S/2007/168 of 26 March 2007). [Dossier
No. 203]
210. Letter dated 26 March 2007 from the Secretary-General addressed to the
President of the Security Council, Addendum, Comprehensive Proposal for the Kosovo
Status Settlement (S/2007/168/Add.1 of 26 March 2007). [Dossier No. 204]
211. Letter dated 26 March 2007 from the Secretary-General addressed to the
President of the Security Council, Addendum, Comprehensive Proposal for the Kosovo
Status Settlement: maps (S/2007/168/Add.2 of 1 June 2007). [Dossier No. 205]
212. Letter dated 19 April 2007 from the President of the Security Council to the
Secretary-General (S/2007/220 of 20 April 2007). [Dossier No. 206]
213. Report of the Security Council mission on the Kosovo issue (S/2007/256 of 4
May 2007). [Dossier No. 207]
214. Letter dated 25 May 2007 from the Permanent Representative of Serbia to the
United Nations addressed to the Secretary-General with a letter from the Minister for
Foreign Affairs of the Republic of Serbia to the Secretary-General enclosing the
“Initiative of the Republic of Serbia to Commence a New Stage of Negotiations on the
Status of Kosovo and Metohija” (A/61/927 – S/2007/312 of 29 May 2007). [Dossier No.
208]
215. Letter dated 10 December 2007 from the Secretary-General to the President of the
Security Council transmitting the Report of the European Union/United States/Russian
Federation Troika on Kosovo (S/2007/723 of 10 December 2007). [Dossier No. 209]
- 20 -PART III: MATERIAL RELATING TO GENERAL QUESTIONS OF
INTERNATIONAL LAW PERTINENT TO THE REQUEST
216. Part III contains material relating to general questions of international law,
including the right of peoples to self-determination, secession, and the principle of States’
sovereignty and territorial integrity, in general, and in the context of the former
Yugoslavia, in particular. This Part includes international law instruments, both universal
and regional, General Assembly resolutions and relevant “General
Comments/Recommendations” of the Human Rights treaty bodies (the Human Rights
Committee and the Committee on the Elimination of Racial Discrimination (CERD)),
whose interpretation of the Conventions is considered authoritative. Relevant judicial
decisions of international or national courts are not included in the Dossier as they are
within the judicial knowledge of the Court.
217. This Part does not include General Assembly resolutions adopted with regard to
specific non-self governing territories throughout the era of decolonization. Excluded
also are all General Assembly resolutions adopted annually under the agenda item
“Importance of the universal realization of the right of peoples to self-determination and
of the speedy granting of independence to colonial countries and peoples for the effective
guarantee and observance of human rights” (the first of which was resolution 2649
(XXV) of 30 November 1970, and the last was resolution 49/151 of 23 December 1994),
as well as resolutions adopted, as of the 36 Session of the General Assembly, under the
agenda item “Universal realization of the right of peoples to self-determination (the first
of which was resolution 36/10 of 28 October 1981, and the latest was resolution 63/429
of 18 Decemberth008). the General Assembly adopted resolutions under both agenda
items at its 36 to 49 Sessions. The resolutions under both agenda items are focused
exclusively on the situation of colonial, foreign and alien domination, aggression and
occupation, the rights of indigenous people and the use of mercenaries.
218. Secretary-General’ reportsubmitted pursuant to these resolutions under both
agenda items are also not included in the Dossier. For the most part, they include
(i) information received from Governments in response to the Secretary-General’s
request; and (ii) summaries of the relevant sessions of the Commission on Human Rights
(Human Rights Council) under the agenda item on the right of peoples to self-
determination and discussions on specific issues, i.e., the “situation in occupied
Palestine”, “question of Western Sahara”, or the “use of mercenaries”. The first
Secretary-General’s report on the right of peoples to self-determination was submitted to
the 27thSession of the General Assembly (A/8775) and the latest report was submitted to
the 63 Session of the General Assembly (A/63/254 of 8 August 2008).
A. General international law instruments – universal and regional
219. Charter of the United Nations, 1945. [Dossier No. 210]
- 21 -220. International Covenant on Civil and Political Rights, 1966 (United Nations Treaty
Series, Vol. 999, p.171). [Dossier No. 211]
221. International Covenant on Economic, Social and Cultural Rights, 1966 (United
Nations Treaty Series, Vol. 993, p. 3). [Dossier No. 212]
222. Human Rights Committee, General Comment No. 12: Article 1 (Right to Self-
Determination) (Human Rights Instruments, Volume I, Compilation of General
Comments and General Recommendations Adopted by Human Rights Bodies
(HRI/GEN/1/Rev.9 (Vol. I) of 27 May 2008, p. 183). [Dossier No. 213]
223. Human Rights Committee, General Comment No. 23: Article 27 (Rights of
minorities) (Human Rights Instruments, Volume I, Compilation of General Comments
and General Recommendations Adopted by Human Rights Bodies (HRI/GEN/1/Rev.9
(Vol. I) of 27 May 2008, p. 207). [Dossier No. 214]
224. Committee on the Elimination of Racial Discrimination, General Comment XXI
(48) on the right to self-determination (International Human Rights Instruments, Volume
II, Compilation of General Comments and General Recommendations Adopted by
Human Rights Treaty Bodies (HRI/GEN/1/Rev.9 (Vol. II) of 27 May 2008, p. 282).
[Dossier No. 215]
225. Committee on the Elimination of Racial Discrimination, Decision 1(55) on
Kosovo (Federal Republic of Yugoslavia); Report of the Committee on the Elimination
of Racial Discrimination, fifty-fifth session (2-27 August 1999) GAOR, Fifty-fourth
Session, Supplement No. 18 (A/54/18, p. 11). [Dossier No. 216]
226. Conference on Security and Co-operation in Europe: Helsinki Final Act, 1975,
(International Legal Materials, Vol. 14, 1975, p. 1292) [Dossier No. 217]
227. Conference on Security and Co-operation in Europe: Concluding Document of the
Vienna Meeting 1986 of Representatives of the Participating States of the Conference on
Security and Co-operation in Europe, held on the basis of the Provisions of the Final Act
Relating to the Follow-up to the Conference (International Legal Materials, Vol. 28,
1989, p. 531). [Dossier No. 218]
228. Charter of Paris for a New Europe, 1990 (International Legal Materials, Vol. 30,
1990, p. 190). [Dossier No. 219]
229. African Charter on Human and Peoples’ Rights, 1981 (United Nations Treaty
Series, Vol. 1520, p. 245). [Dossier No. 220]
230. Framework Convention for the Protection of National Minorities, 1995 (United
Nations Treaty Series, Vol. 2151, p. 246). [Dossier No. 221]
- 22 -231. Vienna Declaration and Programme of Action, 1993, World Conference on
Human Rights, Vienna, 14-25 June 1993 (A/CONF.157/23 of 12 July 1993). [Dossier
No. 222]
B. General Assembly resolutions
232. Section B of Part III contains relevant General Assembly resolutions of a general
nature addressing in different contexts, aspects of the question of self-determination and
territorial integrity of States.
233. General Assembly resolution 217 (III) of 10 December 1948, “Universal
Declaration of Human Rights”. [Dossier No. 223]
234. General Assembly resolution 1514 (XV) of 14 December 1960, “Declaration on
the granting of independence to colonial countries and peoples”. [Dossier No. 224]
235. General Assembly resolution 1541 (XV) of 15 December 1960 (Annex),
“Principles which should guide Members in determining whether or not an obligation
exists to transmit the information called for under Article 73 e of the Charter”. [Dossier
No. 225]
236. General Assembly resolution 2625 (XXV) of 24 October 1970, “Declaration on
Principles of International Law concerning Friendly Relations and Co-operation among
States in accordance with the Charter of the United Nations”. [Dossier No. 226]
237. General Assembly resolution 47/135 of 18 December 1992, “Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities”
(A/RES/47/135 of 18 December 1992). [Dossier No. 227]
238. General Assembly resolution 50/6 of 24 October 1995, “Declaration on the
Occasion of the Fiftieth Anniversary of the United Nations” (A/RES/50/6 of 24 October
1995). [Dossier No. 228]
239. General Assembly resolution 55/2 of 18 September 2000, “United Nations
Millennium Declaration” (A/RES/55/2 of 18 September 2000). [Dossier No. 229]
240. General Assembly resolution 60/1 of 16 September 2005, “2005 World Summit
Outcome”. [Dossier No. 230]
241. General Assembly resolution 61/295 of 13 September 2007, “United Nations
Declaration on the Rights of Indigenous Peoples” (A/RES/61/295 of 20 October 2007).
[Dossier No. 231]
- 23 -C. Regional instruments in the context of the former Yugoslavia
242. European Community: Declaration on Yugoslavia of 16 December 1991, and
Declaration on the “Guidelines on the Recognition of New States in Eastern Europe and
in the Soviet Union” (A/46/804). [Dossier No. 232]
243. Opinion No. 1, Conference of Yugoslavia, Arbitration Commission (29
November 1991) (International Law Reports, Vol. 92, 1993, p. 162). [Dossier No. 233]
244. Opinion 2, Conference of Yugoslavia, Arbitration Commission (11 January 1992)
(International Law Reports, Vol. 92, 1993, p. 167). [Dossier No. 234]
245. Opinion No. 8, Conference of Yugoslavia, Arbitration Commission (4 July 1992)
(International Law Reports, Vol. 92, 1993, p. 199). [Dossier No. 235]
- 24 -
Introductory Note (including the structure of the dossier)