Rambouillet Agreement
Encyclopedia
The Rambouillet Agreement is the name of a proposed peace agreement between then-Yugoslavia and a delegation representing the ethnic-Albanian
Albanians
Albanians are a nation and ethnic group native to Albania and neighbouring countries. They speak the Albanian language. More than half of all Albanians live in Albania and Kosovo...

 majority population of Kosovo. It was drafted by the North Atlantic Treaty Organisation (NATO) and named for Chateau Rambouillet, where it was initially proposed. The significance of the agreement lies in the fact that Yugoslavia refused to accept it, which NATO used as justification to start the Kosovo War
Kosovo War
The term Kosovo War or Kosovo conflict was two sequential, and at times parallel, armed conflicts in Kosovo province, then part of FR Yugoslav Republic of Serbia; from early 1998 to 1999, there was an armed conflict initiated by the ethnic Albanian "Kosovo Liberation Army" , who sought independence...

. Belgrade's rejection was based on the argument that the agreement contained provisions for Kosovo's autonomy that went further than the Serbian/Yugoslav government saw as reasonable.

The most controversial provision was the status envisioned for Kosovo, by which Kosovo would remain a de jure province of Serbia, but would become a de facto third republic. This provision spelled out a greater degree of autonomy vis-à-vis the federal government for Kosovo than Serbia or Montenegro. Serbia viewed this as a secession of Kosovo from Serbia. Even more controversial was that while Serbia would retain no influence over its then-southern province of Kosovo, Kosovo would have been granted substantial influence over Serbia. For example, Kosovars would take part in Serbian elections by electing representatives (MPs) to the Serbian parliament, which would have no jurisdiction over Kosovo. Kosovars would have guaranteed seats in the Serbian Government and the Serbian Supreme Court, which would deal exclusively with the territory of Serbia without Kosovo. Kosovo would also have an independent judicial system including its own autonomous Constitutional Court, but it would also have guaranteed representatives in the Yugoslavian judiciary, which would have no jurisdiction over Kosovo. Furthermore, NATO would have free and unrestricted military access to the country. According to Appendix B:

NATO personnel shall enjoy, together with their vehicles, vessels, aircraft, and equipment, free and unrestricted passage and unimpeded access throughout the FRY including associated airspace and territorial waters. This shall include, but not be limited to, the right of bivouac, maneuver, billet, and utilization of any areas or facilities as required for support, training, and operations.


After the war the International Independent Inquiry on Kosovo led by Richard Goldstone
Richard Goldstone
Richard Joseph Goldstone is a South African former judge. After working for 17 years as a commercial lawyer, he was appointed by the South African government to serve on the Transvaal Supreme Court from 1980 to 1989 and the Appellate Division of the Supreme Court of South Africa from 1990 to 1994...

 investigated the Appendix issue and concluded that it had by accident been copied from other peacekeeping agreements such as those for Bosnia. However, the British politician, Lord Gilbert
John Gilbert, Baron Gilbert
John William Gilbert, Baron Gilbert PC is a British Labour politician.Gilbert was educated at Merchant Taylors' School, Northwood, St John's College, Oxford and New York University....

, said in an inquiry by a House committee "I think the terms put to Milošević at Rambouillet were absolutely intolerable; how could he possibly accept them? It was quite deliberate."

The Serbian Parliament responded on 23 March 1999 to the agreement with a sharp criticism. Though it agreed that Kosovo should be given autonomy, it stated that it would prefer the incursion of the United Nations over that of NATO, accusing the "separatist-terrorist delegation of ethnic Albanians" of:

[avoiding] direct talks as it did not give up its separatist goals: to use autonomy as a means for establishing a 'state within a state'; to secure occupation of Serbia through the implementation of the political agreement; to create an ethnically pure Kosovo-Metohija under the pretext of protecting human rights and democracy; and to secure the secession of Kosovo-Metohija from Serbia with the help of their patrons and through an international protectorate and referendum.


The Rambouillet Agreement was important in the debate about the Kosovo War. However, the entire text of the agreement was leaked onto the Internet about the time when the war started and many non-mainstream reporters and NGO activists were referencing the agreement in their commentaries on the war.

The Rambouillet Agreement was initially fully rejected by the Kosovar-Albanian side, whereas Belgrade had agreed to all of the political and non-military points. Belgrade requested NATO troops be replaced with UN troops for full acceptance. At the talks, the Agreement was repeatedly amended until the Kosovar-Albanian side was forced to sign, whereas Belgrade rejected it. It was amended to open the Kosovo status process and include annexes that were found unacceptable by most, which bordered FRY on the level of NATO occupation.

A republican foreign-policy aide later told a think tank that he'd heard a US official say:
John Pilger
John Pilger
John Richard Pilger is an Australian journalist and documentary maker, based in London. He has twice won Britain's Journalist of the Year Award, and his documentaries have received academy awards in Britain and the US....

 wrote in New Statesman
New Statesman
New Statesman is a British centre-left political and cultural magazine published weekly in London. Founded in 1913, and connected with leading members of the Fabian Society, the magazine reached a circulation peak in the late 1960s....

:

Negotiations

The biggest problem for both sides was that the Contact Group's non-negotiable principles were mutually unacceptable. The Albanians were unwilling to accept a solution that would retain Kosovo as part of Serbia. The Serbs did not want to see the pre-1990 status quo restored, and they were implacably opposed to any international role in the governance of the province. The negotiations thus became somewhat a game of musical chairs, each side trying to avoid being blamed for the breakdown of the talks. To add to the farce, the NATO Contact Group countries were desperate to avoid having to make good on their threat of force—Greece and Italy were strongly opposed to the whole idea, and there was vigorous opposition to military action in every NATO country. Consequently, when the talks failed to achieve an agreement by the original deadline of 19 February, they were extended by another month.

The two paragraphs above, however, are partially contradicted by the historical evidence. In particular, the statement by the co-chairmen on the 23 February 1999 that the negotiations have led to a consensus on substantial autonomy for Kosovo, including on mechanisms for free and fair elections to democratic institutions, for the governance of Kosovo, for the protection of human rights and the rights of members of national communities; and for the establishment of a fair judicial system. They went on to say that a political framework is now in place leaving the further work of finalizing the implementation Chapters of the Agreement, including the modalities of the invited international civilian and military presence in Kosovo.

The tilting of NATO towards the KLA organization is chronicled in the BBC Television "MORAL COMBAT : NATO AT WAR" program. This happened despite the fact that General Klaus Naumann
Klaus Naumann
Klaus Naumann is a retired German General, who served as Chief of Staff of the Bundeswehr, the German armed fources, from 1991 to 1996, and as Chairman of the NATO Military Committee from 1996 to 1999, succeeding the British general Richard Frederick Vincent, Baron Vincent of Coleshill...

 (Chairman of NATO Military Committee) stated that Ambassador Walker stated in the NAC (North Atlantic Council) that the majority of violations was caused by the KLA.

In the end, on 18 March 1999, the Albanian, American and British delegation signed what became known as the 'Rambouillet Accords' while the Serbian and Russian delegations refused. The accords called for NATO administration of Kosovo as an autonomous province within Yugoslavia; a force of 30,000 NATO troops to maintain order in Kosovo; an unhindered right of passage for NATO troops on Yugoslav territory, including Kosovo; and immunity for NATO and its agents to Yugoslav law.

Critics of the Kosovo war have claimed that the Serbian refusal was prompted by unacceptably broad terms in the access rights proposed for the NATO peacekeeping force. This was based on standard United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 peacekeeping agreements such as that in force in Bosnia, but would have given broader rights of access than were really needed, and onto the entire territory of Yugoslavia, not just the province. It has been claimed that Appendix B would have authorized what would amount to a NATO occupation of the whole of Yugoslavia, and that its presence in the accords was the cause of the breakdown of the talks. The chapter dealing with the Kosovan economy was also equally revealing. It called for 'privatization of all Government assets'; this seems to be commensurate with the fact that around 372 centres of industries were bombed during the conflict, including many with no relevance to military means.

In commentary released to the press, former United States Secretary of State Henry Kissinger
Henry Kissinger
Heinz Alfred "Henry" Kissinger is a German-born American academic, political scientist, diplomat, and businessman. He is a recipient of the Nobel Peace Prize. He served as National Security Advisor and later concurrently as Secretary of State in the administrations of Presidents Richard Nixon and...

 declared that:
Events proceeded rapidly after the failure at Rambouillet. The international monitors from the OSCE
Organization for Security and Co-operation in Europe
The Organization for Security and Co-operation in Europe is the world's largest security-oriented intergovernmental organization. Its mandate includes issues such as arms control, human rights, freedom of the press and fair elections...

 withdrew on 22 March, for fear of the monitors' safety ahead of the anticipated bombing by NATO. On 23 March, the Serbian assembly accepted the principle of autonomy for Kosovo and non-military part of the agreement. But the Serbian side had objections to the military part of the Rambouillet agreement, appendix B in particular, which it characterized as "NATO occupation". The full document was described "fraudulent" because the military part of the agreement was offered only at the very end of the talks without much possibility for negotiation, and because the other side, condemned in harshest terms as a "separatist–terrorist delegation", completely refused to meet delegation of FRY and negotiate directly during the Rambouillet talks at all. The following day, 24 March, NATO bombing began.

External links


Further reading

Weller, Marc. The Rambouillet Conference on Kosovo. International Affairs (Royal Institute of International Affairs 1944-), Vol. 75, No. 2 (Apr., 1999), pp. 211–251.

See also

  • Strategic Bombardment in the Kosovo War
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