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Sam, UK: 'Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia and the other States of the region, as set out in the Helsinki Final Act and annex 2,'
The countries that recognised broke that commitment.
It also uses the words 'substantial autonomy' twice. '
The first British jurist to speak during the oral presentations did a thorough job of explaining Res. 1244. You can't simply pick words out of context and say they prove anything.
For example, the first bit about reaffirming the territorial integrity of FRY was in the preamble - a statement of the conditions existing at the time the document was drawn up. It wasn't a promise that Kosovo would forever be a part of Serbia. (It wasn't an oversight - in a similar resolution passed during the same session, the UNSC specifically ruled out independence.) The references to "substantial autonomy" pertained to the period while the final status was being determined, not the final status itself. There was nothing said about what form this final status would have, except in the references to the Rambouillet Accords. And they said that "the will of the people" of Kosovo should be considered.
The Brits weren't the only ones to point this out - many others did as well. Here's Norway's wording (in its oral presentation):
" 30. Resolution 1244 decided in paragraph 1 that a political solution to the Kosovo crisis shall
be based “on the general principles in annex 1 and as further elaborated in the principles and other
required elements in annex 2”. Both these Annexes require “taking full account of the Rambouillet accords”, to which also paragraph 11 (e) of the resolution makes reference . The Rambouillet Accords had explicitly identified the “will of the people” of Kosovo as one of the key relevant factors constituting the basis for considerations of a final settlement for Kosovo. There
is, therefore, incidentally no need in this case to undertake any further analysis of the principle of
self-determination in international law. Resolution 1244 establishes, in the confined context of
Kosovo, the unequivocal relevance of the will of the people of Kosovo in the determination of
Kosovo’s future status."
Serbia recognized the meaning of the Rambouillet Accords when they were first presented and objected - it wanted an equal voice in determining the outcome, and was over-ruled. Likewise, when Res. 1244 was being voted on, the Serbian representatives objected, because they said it would lead to the independence of Kosovo. And they were again over-ruled. What they told the people at home they had achieved ... well, that was their decision.
The ICJ studied the document and the same objections you have made here (and others), and ruled that the DoI did not violate the provisions of Res. 1244. Serbia played the legal card, and lost. Now it's going back to politics.
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