Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia
International Criminal Tribunal for the Former Yugoslavia
39 I.L.M. 1257 (2000)
In 1999, NATO (defendant) conducted an extensive bombing campaign against the Federal Republic of Yugoslavia (FRY) to pressure it into granting Kosovo's independence and ending human-rights abuses, striking military-industrial sites, government ministries, media facilities, and refineries. NATO pilots were ordered to fly above 15,000 feet to avoid FRY's air defenses, a practice some critics said made it harder to distinguish military from civilian targets. Human rights organizations and the U.N. High Commissioner for Human Rights raised concerns about NATO's methods and targets, prompting the ICTY Prosecutor's Office to convene a committee to determine whether a formal investigation into the campaign was warranted.
Whether international law requires applying the principle of proportionality -- weighing danger to civilians against anticipated military advantage -- to determine whether military actions that endanger civilians are justified.