Kurti, Vetevendosje! leader

Kosovo is being governed by two international missions, the ICO and EULEX, both of which have executive powers for which they are unaccountable in Kosovo. According to Ban Ki-moon’s letter, EULEX will now operate under a UN umbrella as a ‘status-neutral’ mission, on the basis of Resolution 1244. The details of this relationship are not yet clear. Nor is it clear whether the ICR/EUSR will be under this umbrella.

1) EULEX

EULEX will be accountable to Javier Solana, the EU Secretary General and High Representative, whilst its individual staff members will also be accountable to their home country. When using its executive powers, the head of EULEX, Yves de Kermabon, must consult with the ICR. EULEX may include staff from countries within and outside the EU which have not recognized Kosovo.

If EULEX operates under an UNMIK umbrella, it will be so-called ‘status neutral’ and must also be accountable in some form to the UN Security Council, as well as the EU, but this has not been clarified.

As well as managing the police, legal and customs institutions of Kosovo, EULEX will select all international judges and prosecutors and chose which cases they will judge. EULEX has the right to annul the decisions of the Kosovo government and to ‘assume other responsibilities, independently or in support of the competent Kosovo authorities’, to maintain law, public order and security.

 
2) The International Civilian Representative (ICR)

The ICR, Pieter Fieth, will be accountable to the International Steering Group for his powers defined in the Ahtisaari Plan and to Javier Solana, for his powers defined by the EU. The ICO may include staff from countries within the EU which have not recognized Kosovo.

The ICR is the final authority for the interpretation of the Ahtisaari Plan and its implementation. As well as approving all judges and prosecutors selected, and appointing and approving key positions in Kosovo’s institutions, the ICR has executive corrective powers. These powers ‘may include, but are not limited to’ the annulment of laws or decisions taken by the Kosovo Assembly if he decides they breach or are inconsistent with the Ahtisaari Settlement, or undermine the rule of law. He can also sanction or remove from office any public official ‘or take other measures, as necessary’ if he decides these officials have opposed the letter or spirit of the Settlement, and/or if they have obstructed the work of the ICR or EULEX.


3) A ‘reconfigured’ UNMIK

The new SRSG is the Italian diplomat, Lamberto Zannier who will be accountable to the UN Secretary General. In his letter, Bank Ki-moon proposed that the OSCE and EULEX will operate under a reconfigured UNMIK umbrella (Section III.13). This UNMIK umbrella will be a so-called ‘status-neutral’ mission (Section III.12).  The exact manner in which EULEX is linked to UNMIK is to be defined in further discussions (Section V.20)

According to Ban Ki-moon’s proposal (section IV.16), UNMIK’s mandate will be to:

• Monitor and Report
• Facilitate Kosovo’s engagement in international agreements
• Facilitate dialogue between Prishtina and Belgrade
• Perform functions related to the implementation of the concessions made by Ban Ki-moon to Tadic

4) Accountability

There is no right of appeal against the decisions of EULEX or the ICR.

There is no oversight within the Kosovo institutions for the policy decisions taken by the ICR or EULEX.

The ICR and his office, the ICO, and EULEX are immune as organizations, individuals and property, from prosecution in Kosovo. It is up to sending states to take legal action against international staff who commit criminal offences and human rights abuses in Kosovo. The same rule has applied for UNMIK staff.

Until the acting Ombudperson is replaced by a permanent Kosovo Ombudsperson, this institution still has the right to investigate violations of human rights by UNMIK. The Human Rights Advisory Panel has since the beginning of 2008 investigated alleged violations of human rights by UNMIK. Its concluding recommendation is not binding on the SRSG.

Conclusion

Kosovo will be governed by three international missions (excluding KFOR):

Chain of Command Diagram

To read the full version of this 10 page analysis go to www.vetevendosje.org

Vetevendosje (self-determination) Movement opposes international administration of Kosovo.

Comments (5)

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B. Obama said:

... Albin needs to stay out of politics, see what happen when protest can get out of hand 3 people lost there lives for what NOTHING. Where was Albin in the rear of the crowd. The days of giving billions of euros with no accountablity is over, face it folks the rich is not going to get rich and the poor will be given opportunities to earn wages to support there families not give jobs according to your political or family ties.

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July 24, 2008
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Sebaneau said:

	... Only the Serbs want to change borders. The only reason there is a majority of Serbs in the north is that the ethnic cleansing of 1999 was not reversed there. If the Serbs want a part of Kosovo they will have to recognize it first and give the Presheva valley in exchange second.
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July 04, 2008
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Hasani said:

	... Jim, you just opened the Pandora's box. There are at least four more similar situations in the Balkans and Mitrovica is actually the most preventable. We are talking about 40,000 Serbs here who are making a lot of noise and a media that loves to report "crisis".
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July 04, 2008
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Jim Boles said:

... I can see that there is a problem... Given that the K-Albanians want to be free of Beograd's influence and that the Serbs want to be ruled by Beograd, why not just pass Mitrovica to the Serbs? Then the K-Serbs can be ruled by Serbs and the K-Albs can be free of the Serbs. Then, the EU and UN can stop wasting money and time on a job where they aren't appreciated or liked and divert their resources to somewhere that appreciates them... Of course I imagine that all parties would continue to whine that it all wasn't fair but at least the EU/UN wouldn't be taking the hits for it.

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July 04, 2008
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Sebaneau said:

	... Way to go, Albin!
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July 03, 2008
Votes: +1