[4] Kosovo unilaterally declared its independence in 2008; Serbia and some other UN member states maintain that Resolution 1244 remains legally binding to all parties.

It condemned violence against the civilian population as well as acts of terrorism, and recalled the jurisdiction and mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY).

At the same time, the Council demanded that Serbia put an end to repression in Kosovo and begin a phased withdrawal;[10] after withdrawal a small number of Yugoslav and Serbian military and police personnel could return to Kosovo, if authorized by the international military presence, to carry out functions contained in the annex of the resolution.

Finally, it was decided that the international civil and security presences were to be established for an initial period of 12 months,[11] while the Secretary-General was requested to keep the Council informed on developments.

The main features of Resolution 1244 were to: Article 1 of the Helsinki Final Act places a high value on the sovereignty and territorial integrity of existing states.

In a similar fashion the references to autonomy in 1244 articles indicate a desire by UN Member-States at that time to return Kosovo to a pre-1990 autonomous status, if possible.

Hence, in contrast with what the preamble announces, the Constitution itself does not at all guarantee substantial autonomy to Kosovo, for it entirely depends on the willingness of the National Assembly of the Republic of Serbia whether self-government will be realised or not.