Evolving International Practices for Protection of Human Rights- the UN Human Rights Advisory Panel and EU Human Rights Review Panel

AuthorRemzije Istrefi
PositionProfessor, PhD, Faculty of Law and the Department of Political Science of the University of Prishtina, Kosovo
Pages60-71
ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 1/2017
60
Evolving International Practices for
Protection of Human Rights- the UN
Human Rights Advisory Panel and EU
Human Rights Review Panel
Remzije ISTREFI
1
Abstract: This article analyses the unique development of the international human rights non judicial
protection mechanism in Kosovo. Since 1999 Kosovo has been placed under international supervision
carried out by international organizations, namely the United Nations and the European Union. The
UN’s Mission in Kosovo (UNMK) was unprecedented both in scope and structural complexity. After
the Declaration of Independence by Kosovo authorities on 17 February 2008, the European Union
Rule of Law Mission in Kosovo EULEX took over to assist and support the Kosovo authorities in the
rule of law area, specifically in the areas of the police, the judiciary and customs. The UNMIK’s
extensive mandate and EULEXs limited executive powers in practice have affected human rights of
Kosovars as a consequence of the UNMIK and EULEX actions and inactions in the course of
exercise of their mandates. This study will try to reveal the processes that lead to establishment of
these two unique international human rights Panels and their impact on human rights protection of
individuals under international administration. The main question to be addressed is if these two
human rights panels are providing the adequate remedy for addressing human rights violations by
international actors in a post conflict Kosovo.
Keywords: accountability; international community; human rights; peace building; right to a remedy
1. Introduction
UNMIK was established in June 1999, after the 78- day NATO military campaign
in Yugoslavia. The NATO military campaign concluded with the Military
Technical Agreement (Military Agreement,1999) that led to the adoption of
Resolution 1244 (UNSCR 1244, 1999), which is the legal mandate under which
UNMIK still operates. The UN Security Council (SC) authorized the Secretary-
General of the United Nations (SG), to set up the UNMIK in order to provide an
interim administration for Kosovo under which the people of Kosovo could enjoy
1
Professor, PhD, Faculty of Law and the Department of Political Science of the University o f
Prishtina, Kosovo, Address: Priştina 10000, Kosovo, Corresponding author: remzie.istrefi@uni-
pr.edu.
AUDJ, vol. 13, no. 1/2017, pp. 60-71

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