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Security Council

Fifty-fourth year

therefore call on those with whom the responsibility lies to take the necessary action to prevent a continuation of this action before it is too late.

Mr. van Walsum (Netherlands): We have participated in and assumed responsibility for the North Atlantic Treaty Organization (NATO) decision because there was no other solution. As for the Netherlands, this decision was not taken lightly; it was taken with conviction. Responsibility for the NATO action lies squarely with President Milosevic. He is responsible for the large-scale violations of the October agreements with the Organization for Security and Cooperation in Europe (OSCE) and NATO. It is President Milosevic's recourse to violence in Kosovo that has finally convinced us that the impending humanitarian catastrophe, at which the Council expressed its alarm in its resolutions of September and October, could not be averted by peaceful means.

In some capitals, our determination to avoid a humanitarian catastrophe in Kosovo has apparently been underestimated. It goes without saying that a country — or an alliance — which is compelled to take up arms to aver such a humanitarian catastrophe would always prefer to be able to base its action on a specific Security Council resolution. The Secretary-General is right when he observes in his press statement that the Council should be involved in any decision to resort to the use of force. If, however, due to one or two permanent members' rigid interpretation of the concept of domestic jurisdiction, such a resolution is not attainable, we cannot sit back and simply let the humanitarian catastrophe occur. In such a situation we will act on the legal basis we have available, and what we have available in this case is more than adequate.

The Netherlands has been deeply involved in the events in the former Yugoslavia ever since the beginning of the breakup of the Socialist Federal Republic of Yugoslavia on 25 June 1991. In spite of this, we have accepted a situation in which the leading role was played by a Contact Group of which Russia is an important member. Our acceptance of this arrangement was always based on the assumption that Russia had so much influence in Belgrade that it could persuade President Milosevic to accept a reasonable solution. The present state of affairs should convince every delegation that with regard to the problem of Kosovo, the diplomatic means of finding a solution are now exhausted. As stated by the Secretary-General, diplomacy has failed, but there are times when the use of force may be legitimate in the pursuit of peace. The Netherlands feels that this is such a time.

Allow me further to refer to the statement issued by the European Council in Berlin on behalf of the European Union. The Permanent Representative of Germany will later draw the Council's attention to that statement.

Mr. Enio Cordeiro (Brazil): The Brazilian Government is attentively following the situation in Kosovo and expresses its concern about the most recent developments in the crisis, including the humanitarian aspects. In conformity with its unflinching commitment to the pacific settlement of disputes, the Brazilian Government regrets that the escalation of tensions has resulted in recourse to military action.

Mr. Dejammet (France) (spoke in French): Drawing lessons from the tragedy that took place in Bosnia and Herzegovina, France and its partners in the Contact Group mobilized very early to react to the crisis in Kosovo, the Federal Republic of Yugoslavia. That action was aimed at bringing to an end the violence by the parties and at arriving at a comprehensive settlement of the conflict.

The Security Council also endorsed those concerns, in particular in resolutions 1160 (1998), 1199 (1998) and 1203 (1998), which it adopted in relation to the situation in Kosovo. The Council indicated that in those resolutions it was acting under Chapter VII of the Charter.

In resolutions 1199 (1998) and 1203 (1998), the Security Council affirmed that the deterioration of the situation in Kosovo posed a threat to peace and security in the region. In resolution 1199 (1998), the Council demanded in particular that the Belgrade authorities immediately cease hostilities and maintain a ceasefire in Kosovo; that they take immediate steps to avert the impending humanitarian catastrophe; that they cease all action by the security forces affecting the civilian population and order the withdrawal of security units used for repression of civilians; and that they make rapid progress, in the framework of a dialogue with the Albanian community of Kosovo, towards a political solution to the problems of Kosovo.

In resolution 1203 (1998), the Security Council furthermore endorsed and supported the agreements concluded between the Federal Republic of Yugoslavia and the Organization for Security and Cooperation in Europe on the one hand, and between the Federal Republic of Yugoslavia and the North Atlantic Treaty Organization on the other. The Council demanded the prompt and full implementation of those agreements by the Federal Republic of Yugoslavia. Those agreements 8