The principle of distinction and discrimination of combatants and non-combatants is the cornerstone of international humanitarian law. Humanitarian and human rights law build on two very distinct perspectives of protection of civilians during armed conflicts; and therefore, present two independent legal regimes, which were not necessarily designed to coexist.
The Kosovo intervention was the first in history to be justified solely on the basis of human rights breaches by a sovereign state within its territory, which were judged to present threat to international order. The bottom line remains that Belgrade’s sovereignty over Kosovo was first breached and then completely removed by the international community.
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