An inquiry into the rationale for the protection of animals in wartime confronts a key challenge: tThe progressive philosophical reflection on the improvement of the position of animals in (human) societies is at odds with the human-centred nature of international humanitarian law. Against this background, the chapter critically engages with possible reasons for animal protection in wartime: anthropocentric approaches, speciesism, anthropomorphism and a rights-based approach. It analyses to what extent these paradigms are reflected both in lex lata and in claims de lege ferenda. The chapter also examines to what extent these approaches can be brought in line with the overall objectives of international humanitarian law and reflects upon the challenges that arise from such an alignment. It favours a straightforward reform approach which aims at a specific convention for the protection of animal rights in wartimes.

In 1998, open military conflict escalated in Kosovo. On 28 May 1998, the North Atlantic Council stated NATO's major aims in regard to Kosovo: to achieve a peaceful resolution to the crisis by contributing to the response of the international community and to promote stability and security in neighbouring countries with particular emphasis on Albania and the former Yugoslav Republic of Macedonia (document no. 152). On 11 June 1998, the North Atlantic Council asked for an assessment of possible further measures that NATO might take considering the developing crisis (document no. 153). This led to a consideration of a large number of military options.

On 24 September 1998, NATO first decided to have recourse to a threat to use force in order to resolve the Kosovo conflict and issued an Activation Warning for both a limited air operation and a phased air campaign (document no. 154). In autumn 1998, the approaching winter with the threat of a humanitarian catastrophe among the internally displaced people caused the international community to demand a ceasefire. On 8 October 1998, the Contact Group decided to send US Special Envoy Richard Holbrooke to Belgrade “with the full authority of the Contact Group” to demand compliance with UN Security Council Resolution 1199 (1998). His mission was accompanied by a renewed military threat by NATO and by Russian approval of an OSCE verification mission on the ground. This combination caused Milosevic to accept the Contact Group's mediation and negotiate with Holbrooke.

NGO REPORTS

47. Amnesty International Report 1998: FRY: For the Period January – December 1997

Approximately 34 ethnic Albanian political prisoners were convicted, mostly after unfair trials. Scores of others remained in prison. Some may have been prisoners of conscience. Police routinely tortured or ill-treated detainees and peaceful demonstrators. Most victims were ethnic Albanians from Kosovo province, but some were Serbs. At least three people died in police custody. At least three people were sentenced to death.

At the start of the year, demonstrations led by supporters of the Zajedno (Together) coalition of opposition parties continued in Belgrade and other towns, as the authorities refused to reinstate local election results which they had overturned in late 1996 (see Amnesty International Report 1997). After continued international pressure, the authorities conceded the opposition victories in February.

In Kosovo province, ethnic Albanian political parties continued to demand independence for the province by peaceful means. However, violent attacks against police stations, police officers, Serb civilians and ethnic Albanians working for or with the authorities occurred throughout the year. Among dozens of victims were two police officers who were shot near Srbica in August and an ethnic Albanian civilian who was travelling in their car. Responsibility for many of the attacks was claimed by a clandestine organization called the Ushtria Clirimitare e Kosovës (UCK), Kosovo Liberation Army. Police responses to the violent attacks included what appeared to be indiscriminate arrests and house searches.

120. Report of the Secretary-General Prepared pursuant to Security Council Resolution 1160 (1998), UN Doc. S/1998/834. 4 September 1998

I. Introduction

1. The present report is submitted pursuant to Security Council resolution 1160 (1998) of 31 March 1998. It covers the period since my last report, of 5 August 1998 (S/1998/712).

II. Security Council Committee Established Pursuant to Resolution 1160 (1998)

2. As at 31 August 1998, in addition to those Slates listed in my earlier reports (S/1998/608 and S/1998/712), Albania, Chile, Croatia and the Republic of Korea reported to the Committee established pursuant to paragraph 12 of resolution 1160 (1998) on the steps they had taken to give effect to the prohibitions imposed by that resolution.

3. In a letter dated 18 August, the Permanent Representative of Austria to the United Nations, in his capacity as the representative of the Presidency of the European Union, transmitted to the Chairman of the Committee the first monthly report of the European Community Monitoring Mission containing observations on violations of Security Council resolution 1160 (1998). The report covered the Mission's activities in July and early August and was submitted in accordance with the European Union's earlier pledge to contribute to international efforts to monitor the embargo and to report to the Committee any relevant information.

Early Attempts to Settle the Crisis

While the constitutional crisis in Kosovo has been worsening since 1988, the international community did not act before the dissolution of the SFRY. However, when armed conflict broke out in Croatia and subsequently in Bosnia and Herzegovina this conflict dominated the international agenda. In June 1991, Slovania and Croatia declared their independence. Fighting broke out in Slovenia and continued in Croatia. The European Union condemned the use of force by the Federation and urged the parties to agree to a peace conference sponsored by the EU. The conference was convened in The Hague on 7 September 1991 under the chairmanship of Lord Carrington with the aim to create a peaceful resolution of the conflict. During the conference a framework for the settlement of the Yugoslav crisis as a whole was drafted. The proposal suggested the forming of autonomous regions or special status areas, applying, “in particular, to the Serbs living in areas in Croatia where they form a majority.” Without mentioning Kosovo and Vojvodina, the draft also proposed that “the republics will apply fully and in good faith established provisions for the benefit of ethnic and national groups, and for autonomous provinces which were given a special constitutional status” (document no. 50 a). Thus, however, it was not clear whether the constitutional changes of 1989/90 were accepted by the international community because they were not mentioned. The second draft of the Carrington plan became more precise in its refutation of the constitutional amendments stressing that "the republics shall apply fully and in good faith the provisions existing prior to 1990 for autonomous provinces" {document no. 50 b).