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Nato’s Attack On Yugoslavia: The Deputation Of An Ad Hoc International Constabulary

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Chapter Summary

This chapter discusses the surrounding possible alternative sources of lawful authority for humanitarian intervention unique to the status of the Former Yugoslavia in international criminal law. There are five elements that must be met for North Atlantic Treaty Organization (NATO) to have exercised its authority pursuant to Chapter VII of the UN Charter. These are: firstly, in law, the Tribunal would have to possess the authority necessary to use armed force; secondly, in law, the Tribunal would have to possess the authority necessary to delegate the use of that armed force; thirdly, in law, the Tribunal would have to possess the authority necessary to intervene across national borders; fourthly, in fact, the authority to use armed force against the Federal Republic of Yugoslavia (FRY) must have been delegated by the Tribunal to NATO; and fifthly, NATO must not have exceeded the inherent limitations on the use of that armed force.

Keywords: armed force; Federal Republic of Yugoslavia (FRY); North Atlantic Treaty Organization (NATO); UN Charter



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