Abstract:
To study the use of force of the North Atlantic Trealy Organization (NATO) in the case of Kosovo under the international law. According to the international obligation banning the use of force against another state and charter of the United Nations, pursuant to Article 2 (4), all UN members shall refrain in their international relations from the threat or use of force, excepting for the purpose of self-defense, pursuant to Article 51, and international co-operation in maintaining and restoring international peace and security. Although Charter of UN does not preclude the establishment of regional arrangements or agencies for dealing with matters relating to the maintenance of international peace and security, all measures must be directed with authorization of Security Council. After literatures reviewing and studying all grounds concerning to this case, it manifestly found that the air forces of NATO allies in Kosovo violated the international law. The use of force of NATO allies overlooked charter of UN and lacked the Security Council sanction, even for Humanitarian purpose claimed by NATO allies. There is no any statute supporting the NATO allies' operations to have international legal rights which, in this case, initiates the concept of the responsibility to protect. In the said case, one of the main problems is the Security Council's Veto. One solution is to propose this problem to the General Assembly for discussion and making recommendations in the case that can endanger to the international peace and security and should have a well-defined principle in Humanitarian intervention to prevent any states from claiming or misusing for the use of force against another state