ABSTRACT
Rules restraining war and the use of force in international society are usually coupled with a positive duty to solve disputes by peaceful means. Hot pursuit comes, as a legal category, often near self-defence or even anticipatory force. Assistance to insurgents appears to be clearly outlawed by numerous Resolutions by the General Assembly, apparently reflecting general international law. One could conceivably view the NATO action against Serbia and Montenegro in 1999 as reprisals. It could also be subsumed on humanitarian intervention or the responsibility to protect The Right to Protect (R2P). But the action had a three-fold purpose: to reprimand the Belgrade regime for the suppression of the Albanians in Kosovo, to assist the Kosovars, and more importantly, to force Yugoslavia to cease such action against the ethnic Albanian population of Kosovo. The rules of self-determination are particularly relevant to questions of legality of resistance, of partisan or guerrilla war, especially when a country is occupied by a foreign State.
