Kosovo – who gets to decide EULEX’s departure?

No one can force EULEX to stay in Kosovo if the EU and Pristina agree it’s time to go. But that would simply pass the buck back again to the UN. A little coordination before doing that would be good, not least because it seems a continued international presence will be necessary for the various Belgrade-Pristina agreements to be implemented in a peaceful manner. 

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By Gerard M. Gallucci

It’s no secret that the Western powers that ushered Kosovo into its unilaterally declared independence – unilateral in that it was decided outside the ambit of the UN Security Council resolution that authorized the international intervention in the first place – are in a hurry to get out. The US long ago ceded the intervention mission to the EU. It maintains some 700 troops in the Kosovo NATO force (KFOR) but passed the lead in the unsettled north to the Germans (who are now the biggest NATO element in the territory). The US also plays a supportive role in getting the Kosovo Albanians to behave, e.g., to accept negotiated compromises with Serbia. But the Americans feel pretty much off the hook. It’s the EU that remains holding the bag.

Being the international mission sitting in Pristina has not always been very comfortable. The locals began throwing grenades at the UN HQ in 2005. UNMIK retired from that space when the EU mission – EULEX – received the UN’s mandate for rule of law in 2008. This was not through a decision by the UNSC but by a slight-of-hand by the Secretary General and the Department of Peacekeeping Operations (DPKO). DPKO was also in a hurry to shed itself of as much responsibility for Kosovo as possible. EULEX arrived in Pristina seeing itself as the white knight that would clean up the “mess” left by the UN. Let history judge how that went.

What is clear, however, is that the Kosovo Albanians are quite ready for EULEX to leave the scene. Violent protests against EULEX began in 2009. Last week, the Kosovo parliament passed a resolution demanding that the EU mission depart by June 2014. The Kosovo Albanians expressed particular displeasure with EULEX’s rather anemic investigation into war crimes committed by the KLA. Pristina believes that EULEX entered Kosovo with its agreement and can be told to leave the same way. EULEX knows it is not wanted and said in response to the parliamentary vote that “the decision on EULEX’s further mandate would be based on joint assessments … by agreement and in a coordinated way.” It’s not clear if that will include coordination with the UN but it should.

It seems fair enough that as EULEX simply was passed the UN mandate for rule of law under UNSCR 1244, it can now say “sorry, it’s yours again.” No one can force EULEX to stay in Kosovo if the EU and Pristina agree it’s time to go. But that would simply pass the buck back again to the UN. A little coordination before doing that would be a good thing. Not least because it seems a continued international presence will be necessary for the various Belgrade-Pristina agreements to be implemented in a peaceful manner. Belgrade has made it clear that the internationals – EULEX, the OSCE and UN – must continue to play a role under 1244. The OSCE would oversee eventual elections and internationals will have to play the crucial role of standing between Serbian and Kosovo officials and procedures to avoid agreements on customs, governance, phones, energy and most everything else becoming mired in status disputes. The only chance that the north Kosovo Serbs might accept the agreements made for their inclusion in the Kosovo framework centered on Pristina would be for those to be implemented in a status-neutral manner. (This means no practical involvement of Pristina officials, police and decisions in local affairs north of the Ibar.)

So, maybe the EU and Pristina can decide on their own EULEX’s departure. But the UN must stand ready then to step back into the rule of law mission, certainly in the north. KFOR too would have to remain – and remain status-neutral. The UN would have to return its own police and customs officials. The UNMIK office in the north would have to be properly manned and supported by the UN states present in Kosovo. UNMIK would have to be accepted by everyone – even the mayor of south Mitrovica – as the legitimate administration of Kosovo north of the Ibar. Is the Quint ready for that?

Gerard M. Gallucci is a retired US diplomat and UN peacekeeper. He worked as part of US efforts to resolve the conflicts in Angola, South Africa and Sudan and as Director for Inter-American Affairs at the National Security Council. He served as UN Regional Representative in Mitrovica, Kosovo from July 2005 until October 2008 and as Chief of Staff for the UN mission in East Timor from November 2008 until June 2010. He will serve as Diplomat-in-Residence at Drake University for the 2013-14 school year.

To read TransConflict’s policy paper, entitled ‘The Ahtisaari Plan and North Kosovo’, please click here.

To read other articles by Gerard for TransConflict, please click here. If you are interested in responding to this article, please do not hesitate to contact us by clicking here.

To learn more about both Serbia and Kosovo, please check out TransConflict’s reading lists series by clicking here.

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28 Responses

  1. Fadil

    Gerard,

    You are dreaming too much. What kind of UNMIK anymore??? No “status neutrality” as Kosovo is independent state from Serbia. Serbia greed to implement Kosovo Constitution and laws in the whole territory of Kosovo. This means ALL Serbs must obey Kosovo laws, laws of INDEPENDENT AND SOVEREIGN Kosovo.

  2. Troll Hunter

    Fadil, keeping to shout out (and using your CAPS) doesn’t make your insistence that everything is settled true. UN still has the international mandate for Kosovo and will have to take over again if you scare the EU off.

    1. Fadil

      TROLLER,

      Your opinion has no relevance in the matter. UN doesn’t have a role in Kosovo but can be PRESENT in Kosovo, without any roles, as UN role in Kosovo should have ended after three years of UN SC 1244 adoption. This means on year 2002 or some 11 years ago. According to UN SC R 1244, paragraph 11 (UN tasks in Kosovo), the LAST task for UN was “facilitation of process for determination of Kosovo status BASED on Ramboiullet Accords, which by the way had LIMITED time of THREE years of international presence in Kosovo. So if UN wants NEW role than UN SC must adopt news resolution. If UN Sc adopts NEW resolution then OK, UN can have new role in Kosovo. Until then just dream on.

  3. The press is reporting that EU sources in Pristina suggest that EULEX will not be leaving Kosovo in 2014. Part of the reason would be to carry out responsibilities in the north derived from the Brussels agreements. This makes sense and would at least keep open the possibility of a peaceful accommodation between Serbia and Kosovo. I suspect the Quint would prefer not to bring the UN back into play, even if it meant disappointing those Kosovars who want the internationals to go away.

  4. (This means no practical involvement of Pristina officials, police and decisions in local affairs north of the Ibar.)

    This is not true. Pristina appoints the serb police commander. Why would pristina police need to be there when all the police in north Kosovo are controlled by pristina through THEIR choice of police commander who is THEIR employee and is under the dictates of his bosses in Prisitina! Pristina will totally control all the local affairs north of the IBar. Especially in justice as all the serbs judges and lawyers will need a republic of Kosovo bar license!

  5. Not an hallucination dear Dan. Just what would have to happen if EULEX decided to up and leave. It won’t because then the ball would have to be picked up by the UN again and Washington, Berlin and Brussels don’t want that.

    1. Fadil

      Gerard,

      There is a huge difference between “what would have to happen” and “what will happen” and its perfectly right thing that Washington, Berlin and Brussels won’t allow bureaucrats from UN to continue blocking Kosovo to develop in every aspect. If Russia still continues to block ending UN presence in Kosovo its OK but NOTHING more. Anyway what UN(MIK) is doing in Kosovo apart of some reports sent to UN SG and absolutely not important meetings at UN SC every three months regarding situation in Kosovo?

      That’s why Dan is right saying that you are indeed hallucinating for the return of UN(MIK) in Kosovo. UN(MIK) has nothing to do anymore in Kosovo but just go home. EULEX can and will stay in Kosovo to help Kosovo institutions getting to apply Europena standards, and maybe one day be part of the EU.

  6. Pingback : Kosovo - November elections loom | TransConflict

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