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Kosovo and Beyond: Disconnects and Overlaps in Legitimacy Arguments for Intervention
Unformatted Document Text:  29 The credibility of the threat must, in the final analysis, be upheld by theactual use of force. It is impossible to conclude, however, despite these weaknesses, that adiplomatic solution could have ended the internal struggle over the future of Kosovo. The minimal goals of the Kosovar Albanians and ofBelgrade were irreconcilable. Russia's contribution to the process was ambiguous. Its particularrelationship with Serbia enabled crucial diplomatic steps, but its rigidcommitment to veto any enforcement action was the major factorforcing NATO into an action without mandate. (IICK, p. ) Jus In Bello Considerations Standard just war considerations as to what qualifies the actual conduct of a war as moral are discrimination and proportionality. The first has to do with the need to discriminate among civilians and non-combatants and avoid targeting the former unless they are in a war zone and cannot be reasonably protected from the effects of combat. The other has to do with the use of appropriate means to achieve victory while avoiding excessive damage to the other side. These standards have been adapted to modern conventions on the rules of war and international humanitarian law as found in the four Geneva Conventions of 1949 and their subsequent protocols. The bombing campaign’s success in halting Serbian aggression and protecting Albanian Kosovar civilians was not unqualified. Despite the use of precision-guided missiles and avoidance of residential areas, care with respect to choosing targets - even acknowledging terrible mistakes like hitting convoys of fleeing Kosovars and destroying the Chinese Embassy in Belgrade, killing occupants - was conducted less scrupulously than it should

Authors: Shugarman, David.
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29
The credibility of the threat must, in the final analysis, be upheld by the
actual use of force.
It is impossible to conclude, however, despite these weaknesses, that a
diplomatic solution could have ended the internal
struggle over the
future of Kosovo. The minimal goals of the Kosovar Albanians and of
Belgrade were irreconcilable.
Russia's contribution to the process was ambiguous. Its particular
relationship with Serbia enabled crucial diplomatic steps, but its rigid
commitment to veto any enforcement action was the major factor
forcing NATO into an action without mandate. (IICK, p. )
Jus In Bello Considerations
Standard just war considerations as to what qualifies the actual conduct of a
war as moral are discrimination and proportionality. The first has to do with
the need to discriminate among civilians and non-combatants and avoid
targeting the former unless they are in a war zone and cannot be reasonably
protected from the effects of combat. The other has to do with the use of
appropriate means to achieve victory while avoiding excessive damage to
the other side. These standards have been adapted to modern conventions on
the rules of war and international humanitarian law as found in the four
Geneva Conventions of 1949 and their subsequent protocols.
The bombing campaign’s success in halting Serbian aggression and
protecting Albanian Kosovar civilians was not unqualified. Despite the use
of precision-guided missiles and avoidance of residential areas, care with
respect to choosing targets - even acknowledging terrible mistakes like
hitting convoys of fleeing Kosovars and destroying the Chinese Embassy in
Belgrade, killing occupants - was conducted less scrupulously than it should


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