The accountability for human rights protection afforded by the interim administration of the United Nations Missions in Kosovo

Abstract

The thesis reviews the accountability and compliance of the human rights protection in Kosovo afforded by the United Nations Interim Administration Mission in Kosovo (UNMIK) since 1999. United Nations Security Council Resolution 1244 mandates UNMIK “to protect and promote human rights”. Instead of reviewing the implementation of human rights envisaged by the international instruments adopted by law in Kosovo, this thesis investigates whether UNMIK bound itself legally to those instruments and complied with the obligations under the envisaged monitoring mechanisms for treaty implementation. As regards access to justice, the thesis analyses the accountability and functioning of existing institutional judicial and non-judicial review mechanisms regarding human rights protection. In view of the sensitivity of the rights of arrested persons, the thesis looks into the legal revision of detention or arrests of Kosovo citizens detained by order of KFOR and UNMIK. Through a comprehensive analysis, this thesis argues that the reasons for the identified shortcomings of human rights protection are of a structural, rather than a conceptual, nature. Human rights concepts are sidelined for purposes of political expediency, a process made possible due to a lack of sufficient separation of powers and check and balance mechanisms in the mission’s structure.