The Drift into Conflict
41 In retrospect, it is clear that these events of
the autumn and winter of 1998 were a critical turning point on
the path towards the use of force. First, UNSCR 1199[96]
had clearly expressed a wish to avert a humanitarian catastrophe
and encourage the development a constitutional dialogue between
Belgrade and the Kosovo Albanians. Beyond this limited aim, by
the end of 1998 there was less than international unanimity over
the longer-term requirements that would be placed on Belgrade.
By the end of 1998 there was no international consensus over willing
the means (military and diplomatic) which would be needed
to enforce the terms of UNSCR 1199 on Milosevic and about maintaining
progress towards a durable political solution to the crisis in
Kosovo.
42 Second, in the absence of consensus over
enforcement mechanisms, NATO had taken its own stand, backed up
very publicly with the threat of an air operation to enforce it.
Once made, that threat of military action had put NATO's political
and military credibility at stake. In its After Action
Report to Congress, the US Department of Defense made it
very clear that "maintaining NATO's credibility" was
one of the three core objectives of the bombing campaign that
was eventually adopted.[97]
43 Third, an explicit threat of force by one
international player had been used to back up a series of less
than explicit diplomatic initiatives being pursued by a number
of others. Though the Holbrooke agreement of 16 October had established
a verification mechanism to monitor compliance within the territory
of Kosovo, the terms of that agreement remained vague on many
of the details, and it was not well-supported by UNSCR 1203.[98]
The attempt to contain Milosevic's oppression through the Kosovo
Verification Mission was insufficiently backed up with resources
(both military and diplomatic) by the international community.
The utility of the Extraction Force as a guarantee of the monitors'
security depended on Serbia's co-operationa situation which
was unlikely to have reinforced NATO's credibility in the eyes
of Milosevic.
44 Fourth, the course adopted presumed on
the hope that Milosevic could be diplomatically pressured into
a settlement, either in response to or despite the increasing
militancy of the Kosovo Albanians.[99]
In part, no doubt, this assumption was based on Milosevic's capitulation
to the Dayton peace process.[100]
However, General Naumann told us that he now believes that Milosevic
had already decided in November 1998 to prosecute his campaign
against the Kosovo Albanians,[101]
a timing he linked to Milosevic's sacking of his Chief of Defence
Staff.[102]
So he, at least, believes that the ethnic cleansing would have
continued with or without the KLA's acts of provocation. Milosevic's
determination to pursue his policy of oppression against the Kosovo
Albanians at almost any cost was the reef on which the hopes of
diplomatic pressure succeeding foundered.[103]
45 Fifth, it is clear that the threat of an
air campaign could be truly effective only as a coercive pressure
on the Serbian leadership, to reinforce diplomacy and to convince
Milosevic of NATO's seriousness of purpose. None of our witnesses
has seriously offered the view, retrospectively, that an air campaign
could directly inhibit the activities of Milosevic's ethnic cleansers.
But this coercive motive for its actions seems at the time not
to have been fully and frankly acknowledged by the Alliance,
which maintained the official line that the air campaign would
be primarily directed at 'degrading' Milosevic's military capability
and thus his ability to persecute the population of Kosovo.
As the likelihood of recourse to armed force increased, so at
the same time the purpose for which it was to be used became more
confused.
JANUARY 1999
46 In any event, the attempts to persuade or coerce
Milosevic into politically responsible behaviour failed. On 15
January 1999 news emerged of the massacre at Racak which left
45 Kosovo Albanians dead.[104]
It was immediately condemned by Ambassador William Walker, Head
of the Kosovo Verification Mission, and caused widespread international
outrage. This outrage was heightened by the refusal of Belgrade
to allow the Chief Prosecutor for the International Criminal Tribunal
for the former Yugoslavia, Judge Louise Arbour, access to the
site for investigations, and by its demand that Ambassador Walker
leave the country.
47 It now appeared far more likely that the sort
of military response threatened in October 1998 might have to
be implemented. On 19 January, SACEUR (General Wesley Clark) and
the Chairman of the NATO Military Committee (General Klaus Naumann)
were sent to Belgrade to convey NATO's resolve to Milosevic. We
met General Naumann in Brussels immediately on his return. He
later told us in evidence
We had been sent against
our advice to Belgrade. We had asked not to be sent since we knew
that the task we were given was not a military task. I should
say the instruments that the Council had kindly provided us with
to persuade Mr Milosevic were not really a stick but what I would
call a rubber baton.[105]
General Naumann also gave us some interesting details
of his conversations with Milosevic
He [Milosevic] said to us
"I will solve the Kosovo problem once and for all in spring
1999." ... We asked him, "How will you do it, Mr President?"
"We will do to them what we did to the Albanians in Drenica
in 1945." So we said to him, "Mr President, we do not
know what you did to the Albanians in 1945. Would you be so kind
as to elaborate." "It is quite simple. We got them together
and we shot them." That was his answer.
48 In the light of Milosevic's insouciant defiance
of this ill-considered mission, there were further escalations
in the Alliance's military posture. On 20 January, NATO decided
to increase the readiness of its assigned forces so air operations
could begin within 48 hours of a decision to initiate air strikes.[106]
On 30 January the Alliance was faced with what Sir John Goulden
described as its second "crucial decision".[107]
On that date, he told us, the NAC delegated to the NATO Secretary
General, Javier Solana, the power to tell SHAPE (NATO's European
military headquarters) "when to start". That, Sir John
believed, had made the threat to Milosevic
... more credible but there
was also a caveat attached to it. We insisted that Solana should
do that on the basis of intensive consultation. He had the power,
but before using it he had to consult intensively with everybody
and with the governments as well.
Sir John is convinced that this had been an effective
approach and a model that we should continue to use.[108]
However, in response to questioning, he went on to argue that
The decision on 30 January
came a bit early because we could not actually use force until
several conditions had been met. One was that there had to be
a humanitarian crisis and on 30 January there was not then an
obvious, grave humanitarian crisis. We had the Racak case [15-16
January] and the graph was moving the wrong way, but there was
not yet a total humanitarian crisis. The Serbs had not rejected
all the deals on offer. That did not happen until after Rambouillet
[6-23 February]. The Kosovars had not signed up to the deals.
That also did not happen until the Kleber negotiation [Paris,
15 March].[109]
49 There was understandable concern, especially in
the UK, that if the threat of air strikes were successful in causing
Milosevic to climb down, there was no ground force in place ready
to move swiftly into Kosovo and implement a peace agreement. In
the MoD's own words
The UK judged it essential
that NATO forces should be ready in significant numbers to move
into Kosovo as soon as any agreement had been reached, and therefore
led the way in the advance deployment of forces into Macedonia.[110]
Accordingly, the Extraction Force (see paragraphs
39 and 40 above), which had become fully operational on 16 January,
found its mission changing with the situation. On 11 February,
and in advance of a NATO activation order, the UK announced the
deployment of the first elements of a UK contribution to a NATO
peace implementation force.[111]
34 See eg Foreign Affairs Committee, op cit,
paras 1-70 Back
35 See
eg Misha Glenny, The Balkans, 1804-1999, London Granta
Books, 1999; Tim Judah, Kosovo, War and Revenge, Yale University
Press, 2000; Noel Malcolm, Kosovo: A Short History, Macmillan,
London, 1998 Back
36 Foreign
Affairs Committee, op cit, paras 16-21 Back
37
Cm 4724, para 10.3 Back
38 Ev
p 194, paras 11-13 Back
39 Q
299-300 Back
40 For
a fuller account of the Dayton settlement, see our First Report,
Session 1997-98, Peace Support Operations in Bosnia and Herzegovina,
HC 403 Back
41 Q
2 Back
42 Ev
p 186, paras 4-9 Back
43
Ev p 194, paras 17-19 Back
44 Foreign
Affairs Committee, op cit, para 116 Back
45 Comprising
France, Germany, Italy, Russia, UK and the USA Back
46 Ev
p 186, para 3 Back
47 Foreign
Affairs Committee, op cit, para 45 Back
48 QQ
300,301, 314 and 315 Back
49 Q17 Back
50 Ev
p 186, para 3 Back
51 Q
843 Back
52 Q
584 Back
53 Q
587 Back
54 ibid Back
55
Q 2 Back
56 Q
16 Back
57 Ev
p 254, para 59 Back
58 Q
845 Back
59 Q
1009 Back
60 Q
17 Back
61 Chapter
VII lays down actions which may be taken with respect to threats
to the peace, breaches of the peace and acts of aggression: Article
42 permits the use of military force; Article 48 permits member
states to take actions in pursuit of these aims Back
62 Ev
p 197, para 43 Back
63 Ev
p 186, para 4 Back
64 Q
843 Back
65 Cm
4724, para 2.10 Back
66 ibid Back
67 ibid Back
68 Q
848 Back
69 Q
845 Back
70 Cm
4724, Annex A Back
71 Evidence
to Senate Armed Forces Committee, November 3, 1999 Back
72 Evidence
to Senate Armed Forces Committee, November 3, 1999. Back
73 Human
Rights Watch, Civilian Deaths in the NATO Air Campaign,
7 February 2000, p 9; Ev p 251, para 41 Back
74 QQ
836 and 848. Back
75 Ev
p 198, para 48 Back
76 Q
1189 Back
77 Ev
p 186, para 6; Ev p 198, para 49 Back
78 Ev
p 198, para 50 Back
79 Proceedings
of the UNSC, 24 October 1998, p 13 Back
80 Ev
p 214 Back
81 Ev
p 214 Back
82 Cm
4724, para 2.11 Back
83 Q
982 Back
84 HC
Deb, 18 January 1999, c 567 Back
85 Q
305 Back
86 Ev
p 216 Back
87 Q
605 Back
88 Q
58 Back
89 Q
60 Back
90 Foreign
Affairs Committee, op cit, para 53 Back
91 Cm
4724, para 8.5 Back
92 Ev
p 215 Back
93 Ev
p 187 Back
94 Ev
pp 215-6 Back
95 Eg
Foreign Affairs Committee, op cit, para 61 Back
96 See
Appendix 1 Back
97 DoD,
Foreword, p 1 Back
98 See
Appendix 1 Back
99 HC
(1999-2000) 28-II, QQ 9 and 12 Back
100 Q
2, Q47 Back
101 Q
9 76 Back
102 Q
978 Back
103 Q
839, Q 840 Back
104 Q
324 Back
105 Q
980 Back
106 Cm
4724, Annex A Back
107 Q
848 Back
108 Q
853 Back
109 Q
854 Back
110 Cm
4724 para 8.6 Back
111 Ev
p 191 Back