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Contested StatehoodKosovo's Struggle for Independence$
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Marc Weller

Print publication date: 2009

Print ISBN-13: 9780199566167

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199566167.001.0001

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Dealing with Human Rights Violations

Dealing with Human Rights Violations

(p.55) 4 Dealing with Human Rights Violations
Contested Statehood

Marc Weller (Contributor Webpage)

Oxford University Press

This chapter analyses challenges posed to the international human rights regime by the unfolding humanitarian crisis in the former Yugoslavia during the 1990s. An introductory section outlines general human rights obligations in international law, and specific human right obligations undertaken by Yugoslavia through express consent. It is argued that human rights violations in the region triggered actually triggered significant international action, including appointment of a UN special rapporteur and the adoption of uncharacteristically strong resolutions by various UN bodies. Increased focus on Kosovo is also noted in this context. Although the structural requirement of state consent made monitoring problematic during instances of FRY/Serbian non-cooperation, overall the episode is noted for unprecedented tough and independent reporting. Limited access to and mobility within Kosovo also inhibited monitoring, but extensive evidence was nevertheless compiled of a systematic programme of discrimination against ethnic Albanians, formalized in legislation.

Keywords:   humanitarian crisis, Yugoslavia, international law, human rights obligations, monitoring, reporting

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