REGULATION NO. 2000/59
27 October 2000
AMENDING UNMIK REGULATION NO. 1999/24 ON THE LAW APPLICABLE IN KOSOVO
The Special Representative of the Secretary-General, Pursuant to the authority given to him under United Nations Security Council resolution 1244(1999) of 10 June 1999, Having promulgated UNMIK Regulation No. 1999/24 of 12 December 1999 on the Law Applicable in Kosovo,
For the purpose of defining the applicable law in Kosovo, Hereby amends section 1 of UNMIK Regulation No. 1999/24, by adding a new section 1.6, Consequently, the regulation will have the following wording as of the date on which the present regulation enters into force:
REGULATION NO. 1999/24 ON THE LAW APPLICABLE IN KOSOVO
The Special Representative of the Secretary-General, Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999, Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK)
Regulation No. 1999/1 of 25 July 1999 on the Authority of the Interim Administration in Kosovo, For the purpose of defining the law applicable in Kosovo, Hereby promulgates the following:
1.1 The law applicable in Kosovo shall be:
(a) The regulations promulgated by the Special Representative of the Secretary-General
and subsidiary instruments issued thereunder; and
(b) The law in force in Kosovo on 22 March 1989.
In case of a conflict, the regulations and subsidiary instruments issued thereunder shall take
1.2 If a court of competent jurisdiction or a body or person required to implement a provision of the law, determines that a subject matter or situation is not covered by the laws set out in section 1.1 of the present regulation but is covered by another law in force in
Kosovo after 22 March 1989 which is not discriminatory and which complies with section
1.3 of the present regulation, the court, body or person shall, as an exception, apply that law.
1.3 In exercising their functions, all persons undertaking public duties or holding public office in Kosovo shall observe internationally recognized human rights standards, as reflected in particular in:
The Universal Declaration on Human Rights of 10 December 1948;
The European Convention for the Protection of Human Rights and Fundamental
Freedoms of 4 November 1950 and the Protocols thereto;
The International Covenant on Civil and Political Rights of 16 December 1966 and the Protocols thereto;
The International Covenant on Economic, Social and Cultural Rights of 16 December 1966;
The Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965;
The Convention on Elimination of All Forms of Discrimination Against Women of 17 December 1979;
The Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment of 17 December 1984; and
The International Convention on the Rights of the Child of 20 December 1989.
1.4 No person undertaking public duties or holding public office in Kosovo shall discriminate against any person on any ground such as sex, race, color, language, religion, political or other opinion, natural, ethnic or social origin, association with a national community, property, birth or other status. In criminal proceedings, the defendant shall have the benefit of the most favourable provision in the criminal laws that were in force in Kosovo between 22 March 1989 and the date of the present regulation.
1.5 Capital punishment is abolished.
1.6 For each offence punishable by the death penalty under the law in force in Kosovo on
22 March 1989, the penalty will be a term of imprisonment between the minimum as
provided for by the law for that offence and a maximum of forty (40) years.
Courts in Kosovo may request clarification from the Special Representative of the Secretary- General in connection with the implementation of the present regulation. The Special Representative of the Secretary-General shall provide such clarification for the consideration of the courts in the exercise of their functions.
ENTRY INTO FORCE
The present regulation1 shall be deemed to have entered into force as of 10 June 1999.
All legal acts, including judicial decisions, and the legal effects of events which occurred, during the period from 10 June 1999 up to the date of the present regulation, pursuant to the laws in force during that period under section 3 of UNMIK Regulation No. 1999/1 of 25 July 1999, shall remain valid, insofar as they do not conflict with the standards referred to in section 1 of the present regulation or any UNMIK regulation in force at the time of such acts.
The present regulation shall enter into force on 27 October 2000. The new section 1.6 shall apply only to crimes committed after that date.
Bernard Kouchner Special Representative of the Secretary-General
1 The original regulation