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The Ahtisaari Plan and North Kosovo

This policy paper provides a series of detailed recommendations – pertaining to the courts, the police, municipal competences, finance, inter-municipal co-operation, co-operation with Serbia and extended competences for north Mitrovica – that are intended to facilitate implementation of the Ahtisaari Plan in north Kosovo.

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Introduction

The current stalemate in northern Kosovo remains the main stumbling block preventing the commencement of a genuine process of mutual accommodation between Serbia and Kosovo.  The two may continue to differ on the fundamental issue of Kosovo’s status – with Serbia withholding recognition of Kosovo’s independence – for some time.  Regularising relations on a practical level in order to lower tensions and improve the daily lives of people, however, is achievable even without agreement on status.  For this to move forward in earnest, a political framework must be found to accommodate the essential interests of both sides vis-à-vis the area north of the Ibar River.  The Ahtisaari Plan (Comprehensive Proposal for the Kosovo Status Settlement) remains the best approach to accomplishing this objective, and agreement on its implementation would avoid both the attempt to settle the “problem of the north” through the use of force and the full separation of the north from Kosovo.

About the Author

Gerard M. Gallucci retired from the U.S. Senior Foreign Service in June 2005 after a 25-year career in African and Latin American affairs, including service as Charge’d’Affaires in Brasilia (1999-2000) and Khartoum (2003-04) and at the National Security Council as Director for Inter-American Affairs (1998-99).  He served subsequently as UN Regional Representative in Mitrovica (2005-08) and Chief of Staff for the UN Mission in East Timor (2008-10).  He taught peacekeeping as an Adjunct Professor in the Graduate School for Public and International Affairs, University of Pittsburgh (2011).  Prior to government service, Gallucci was Assistant Professor of Political Science, West Virginia Wesleyan College (1979) and Assistant Professor of Political Science, University of Arkansas at Little Rock (1979).  He was born in 1951 in Jersey City, New Jersey and received a Ph.D. from the University of Pittsburgh in Political Science in 1978 and a BA at Rutgers University in 1973.


1) Background to the Ahtisaari Plan

After the March 2004 violence in Kosovo, the international powers supervising implementation of UN Security Council Resolution 1244 – the Contact Group of Great Britain, France, Germany, Italy, Russia and the United States – began moving apart over the question of what to do next. The Western five countries – the Quint – came to the conclusion that waiting for Kosovo to fulfill “standards before status” would not work.  Kosovo Albanians were clearly growing impatience with the delay in moving toward independence, the outcome they had come to expect from the NATO intervention.  As the Quint saw it, the process had to move forward.

In November 2005, the Contact Group – in what was essentially its last gasp of consensus – announced guiding principles for resolving status.  At the same time, the UN Secretary General asked former Finnish President, Martti Ahtisaari, to lead the process of arriving at a status agreement.  Ahtisaari faced a daunting task because of differing positions on the question of Kosovo’s final status; positions that reflected the opposing views of Belgrade and Pristina.  In joint sessions and other meetings, he focused on trying to draw out from the two sides elements of a possible compromise arrangement.  He managed to derive from these talks the elements for what came to be known as the Ahtisaari Plan.

By 2007, however, it was clear that there would not be a new UN Security Council resolution on Kosovo. There were substantive issues between the Quint and Russia, with Moscow rejecting granting Kosovo independence as a precedent for other disputed regions.  There were also factors in the bilateral relationship between Russia and the US that affected the dynamics. With Quint support guaranteed, Kosovo declared independence in February 2008. The Ahtisaari Plan served as a basis for this declaration and for a continuing international role; to be carried out by the International Civilian Office (ICO) of the European Union Special Representative and the EU Rule of Law Mission (EULEX).  During the course of events, the Ahtisaari Plan was implemented in south Kosovo, including in several municipalities with non-Albanian majorities.  The north, however, remained outside Kosovo institutions and the ICO, and the Ahtisaari Plan was not implemented there.

The Ahtisaari Plan derived a formula that would allow Kosovo Serbs to have their own local institutions and communal life with continued linkages to Serbia, but within the framework of a multi-ethnic Kosovo.  The Plan called for new Serb-majority municipalities – including North Mitrovica – with important elements of self-rule in health, education and social issues, plus a role in choosing the local police chief.  These municipalities would have the right to their own funding, block grants from central government and funding from Belgrade.  They could form associations with other municipalities, including those in Serbia.  The intent was clear – to allow Serbs in these municipalities to live in two worlds at once, in both Kosovo and Serbia.  However, there were issues left to be defined by further agreement or in practice.  Important details centered on exactly what role the central government would play in the linkages to Belgrade, and on setting policy in areas such as education.

The Ahtisaari Plan remains a good framework for resolving the conflict over the north and maintaining the territorial and political integrity of Kosovo while status remains disputed.  It provides for minority rights and participation in government, local self-rule and linkages between local municipalities (with Serb majorities) and Belgrade.  Together with the six-point plan of UN Secretary General, Ban Ki-moon, the Ahtisaari Plan offers a number of pragmatic measures relating to policing, customs, the courts and infrastructure, plus local autonomy in education and culture, and special features for Mitrovica (the University and Hospital).  The Plan also provides mechanisms for ensuring transparency in Belgrade’s support to Serb municipalities in Kosovo and for connecting the northern Serbs and their local institutions with Pristina.  The northern Serbs will need to look beyond simple rejection of the Ahtisaari Plan – as linked to Kosovo independence – and re-examine it closely to see how it may address their concerns.  The Kosovo Albanians will have to consider how implementation of the Plan can be done in such a way as to allay Serb concerns, whilst still providing political unity within a decentralized context.  In a transitional period, the international community – the UN and/or the EU – may need to play a supporting role so that both sides can feel assured of mutual adherence to the Plan.  This paper will suggest a possible approach to implementing the Ahtisaari Plan that all parties might consider as a starting point for further discussion.


2) Assumptions and Conditions

It is assumed that all parties wish to resolve the issue of the north without further violence, and eschew all efforts to seek to impose political outcomes unilaterally through the use of force.  It is also assumed that any workable approach to resolving the issue of north Kosovo, without violence and in a manner acceptable to both Kosovo Serbs and Kosovo Albanians, would have to meet certain conditions; namely that:

  • 1. Questions regarding the overall political status of Kosovo remain separate from any practical arrangements made for regularizing life in the north and across the boundary lines between Serbia and Kosovo, and between the north and south of Kosovo;
  • 2. North Kosovo remains part of Kosovo, and that Kosovo’s territorial and political integrity be maintained;
  • 3. The Serb-majority population north of the Ibar River maintains their own local administrations in the existing four municipalities – including North Mitrovica – without unilateral influence from Kosovo institutions south of the Ibar River;
  • 4. The local institutions north of the Ibar River continue to be allowed to function in practical ways as municipalities in Serbia;
  • 5. Core rule of law institutions – the courts and the police – function in a manner consistent with both local self-rule and overall coherence within a Kosovo-wide framework;
  • 6. Kosovo Serbs in the north accept the responsibilities of participating in the central institutions of Kosovo, and align their political practices as much as possible with those south of the Ibar River;
  • 7. Issues not directly part of the Ahtisaari Plan – including customs and the operation of telecoms and energy companies in the north – would also have to be resolved in a manner consistent with the overall approach to the north and these other conditions;
  • 8. An international role vis-a-vis the implementation of the Ahtisaari Plan in northern Kosovo may be necessary until it can stand on its own – i.e. in the hands of the two sides – i.e. or until an overall political solution is achieved.

3) Essentials of the Ahtisaari Plan

The Ahtisaari Plan commits Kosovo to maintaining multi-ethnic, non-religious democracy – with Albanian and Serbian as official languages – with an open market economy with free competition.  It provides essential elements for minority and property rights, for a strong form of decentralized local government and for linkages between municipalities and with Belgrade.  Article 3.2 requires the “protection of the national or ethnic, cultural, linguistic and religious identity of all Communities and their members.”  Article 4 provides for the right of return and to reclaim property.  Article 6 provides for local self-government and that municipalities “shall have the right to inter-municipal and cross-border cooperation on matters of mutual interest in the exercise of their responsibilities.”  The Plan’s Annexes expand on these – Annex I (Article 8.3) gives municipalities the right to local sources of revenue and (8.4) to “inter-municipal and cross-border cooperation in the areas of their own and enhanced competencies.”  Annex II (Article 4) provides communities the right to express, maintain and develop their language and culture; receive pre-school, primary and secondary public education in their own language; establish and maintain their own private schools (with public financing); display community symbols; and have their own media (including TV).  Annex I (Article 1.6) provides for the ability to maintain dual citizenship.

Annex III defines local government, decentralization and linkages to Belgrade.  Article 3 of the Annex gives municipalities full and exclusive powers for local economic development, land use, urban regulation, public services and utilities, education, health care and social services, public housing, licensing local services and naming of streets.  Article 4 gives Serb-majority municipalities “enhanced participatory rights in the appointment of Police Station Commander” and provides North Mitrovica with “extended” competencies for university education and a hospital.  Article 5 requires that the central government delegate to municipalities responsibility for cadastral and civil registries, voter registration, business registration and licensing, distribution of social assistance payments (excluding pensions) and forestry protection.  Annex III also allows for municipalities to cooperate with (Art. 10) and receive funding from (Art. 11) Belgrade and to use educational material from Serbia in local schools (Art. 7).  Annex IV provides that municipalities will have their own local courts and (Art. 2.2) mandates that “Kosovo judicial institutions shall … reflect the ethnic composition of their area of jurisdiction.”

At the national level, the Ahtisaari Plan provides for reserved and protected minority participation in the central government.  Annex I provides quotas for “non-majority” participation in the national government.  Article 3.3 requires a minimum of ten seats (out of 120) reserved for Kosovo Serbs in the National Assembly, as well as minimum numbers for other national minorities.  Article 3.7-9 provides for protected participation and voting majorities in the Assembly for issues affecting the “non-majority” communities without reference to simple majority vote or referendum.  Article 5 requires a minimum number of Serb and other non-majority community representatives as ministers and deputy ministers and mandates that the civil service “reflect the diversity of the people of Kosovo.”  Annex I also gives the non-majority representatives an enhanced role in choosing members of the Constitutional Court (Article 6) and in the process of amending the constitution (Article 10).

Thus the Ahtisaari Plan provides a framework for a functioning multi-ethnic democracy.  As to its functioning in fact, one may judge via analysis of the Plan’s implementation south of the Ibar River.


4) The Ahtisaari Plan – Areas to be Further Defined for Implementation

The elements above provide for a special status for Serb communities in Kosovo.  However, the Ahtisaari Plan placed these into a context where the role of the central government had been accepted by all parties.  The central government it envisions is multi-ethnic in participation and functioning.  Local non-majority municipalities would operate in a de-centralized fashion but under legislation passed in Pristina (Annex III, Article 4.2), and with central government (Article 6) retaining administrative oversight of local competencies.  In the current circumstances, the level of trust between northern Serbs and Kosovo institutions seems insufficient to assume that the mechanisms envisioned in the Plan – as they are currently defined – would function smoothly and without engendering further conflict.  Also, continued political differences over the status issue remain that seem to require recognition of the eight conditions cited above.  In this context, various aspects of the Ahtisaari Plan may require further elaboration – the courts and police, education and health, finance and the mechanisms for involvement Serbia and of central government in local affairs.

a) The Courts

President Ahtisaari designed the Kosovo judicial system as unitary and multi-ethnic.  In Kosovo, however, both sides see the justice system – courts and prosecutors – as a tool to impose authority on the other side.  Finding a way to allow Serbs their own local courts within a district for the Serb-majority north, will probably be essential to gaining Serb support for any agreement. This requires implementation guidelines in three crucial areas – which law would be applied, who can become judges and prosecutors and how they are chosen?  It would also be necessary to accommodate a northern district court within a Kosovo-wide justice system.

A possible solution to the issue of law and establishment of a separate district court for the north would be to allow the local courts and the northern district court to follow Serbian law, assuming it to be largely consistent with UNMIK regulations, the former Yugoslav code and the law used south of the Ibar River.  A court of appeals would exist to settle disputes that arise due to substantive differences between codes, and for cases crossing jurisdictions between north and south.  This court could be treated as a Kosovo court with equal membership drawn from the district court in the north and its equivalent from the south.  It would operate with a rotating presiding judge and would reach decisions by consensus.  Its decisions would be accepted as valid and binding throughout Kosovo (i.e., become part of common law).  Where consensus decisions cannot be reached, the case would be referred to the panel of three international judges chosen according to Annex I, Article 6.1.3.

Judges and prosecutors in the four northern municipalities – at the basic and district court level – would be nominated under procedures contained in Annex IV, Article 4.4 – after, and only after, indication by the assemblies of the relevant municipalities and certification of qualification by the existing body of the district court in north Mitrovica.  Candidates would not be ineligible because of service in the justice system of Serbia.  At least one judge in each basic court and in the district court should be indicated from the non-majority community.  Appointment and service would otherwise be according to the provisions of Article 3 and Article 4.5 except that dismissal would need the concurrence of the northern Kosovo district court president.

b) The Police

Annex VIII governing the security sector provides for (Art. 2) a “unified chain of command” for the Kosovo Police Service (KPS) but also that police districts should coincide with municipal boundaries. The ethnicity of the local police should also reflect the municipality’s ethnic composition.  The procedures for choosing the local commander (Art. 2.6) are somewhat complex and require give and take between the municipality and central authorities:

“In Kosovo Serb majority municipalities, the local Station Commanders shall be selected according to the following procedure: The Municipal Assembly shall propose at least two names for Station Commander fulfilling all minimum professional requirements as set forth by Kosovo legislation. The Ministry of Internal affairs may then appoint one candidate from this list within 15 days upon receipt of the list. In the event none of the candidates are acceptable to the Ministry, the Municipal Assembly shall provide a second list of at least two different candidates for consideration by the Ministry, stemming from the existing Kosovo Police Service staff and fulfilling all minimum professional requirements as set forth by Kosovo legislation. The Ministry is then obliged to appoint one of the candidates from the second list within 15 days of its receipt.”

To avoid the procedure breaking down if the Ministry refuses to finally choose a candidate from the second list provided by the municipality, it would be mandated to make a choice within 15 days or the final choice would revert to the municipality.

The KPS in the north would function as an element of the Kosovo Police with the same uniform and with full logistical, supply and communications support from the central police command.  The four northern stations would report to a northern district commander based in north Mitrovica and chosen from the Kosovo Serb officers serving in the north and agreeable – through process of consultation – to the northern municipal presidents.  Both the northern and southern Kosovo Police districts would have a deputy commander drawn from the non-majority community on that side of the Ibar River.

c) Municipal Competences

Annex III puts its extensive list of competencies to be reserved for municipalities and the extended features for North Mitrovica into the context (Art. 4.2) of Kosovo legislation that would set standards to be met.  Participation of the northern Serbs in Kosovo’s legislative process, through participation in elections and serving in the National Assembly, would help set those standards.  Annex III (Article. 6) provides for administrative review of municipal actions by central government.  If the central government and municipality disagreed, the matter would be decided by the Kosovo courts.  In the case of delegated competencies, the central government could suspend, change or revoke the municipality’s action.  This raises the prospect of a dispute between municipal authorities refusing to accept intervention by central authorities in local competences.  To avoid this, Article 6.2 would be amended to provide that in cases where municipal decisions do not violate European standards, and where the decisions do not directly have affect beyond the municipal boundaries, decision by the municipal assembly is final.  Where these conditions are believed not to be met, the President of Kosovo would be able to submit the issue to the panel of three international judges chosen according to Annex I, Article 6.1.3 to bring the municipal actions into accord with European standards or to limit their effect to municipal boundaries.

d) Finance

Annex III, Article 8 provides that municipalities “shall establish their own budgets covering tasks falling within their competencies” and that “central legislation shall set forth the basic public financial management and accountability requirements applicable to all municipalities, in accordance with international standards.”  Municipalities are entitled to “financial resources of their own, which shall include the authority to levy and collect local taxes, charges and fees.”  Municipalities are also to receive “primarily earmarked central grants” though a “fair and transparent block grant system, ensuring greater municipal autonomy in the allocation and expenditure of central funds.”  Municipalities with “extended” competencies (including north Mitrovica) would be entitled to extra funds from central government for those services.  In return, municipalities would submit to yearly “independent and objective internal audits” and “random, independent, external audits performed by an autonomous authority.”

Under Article 11, municipalities are also entitled to receive “financial donations” from Serbia.  Such funds would be limited to what is required for a municipality to carry out its own competencies and must be “transparent” and made public through inclusion in the published municipal budget.  These funds would be transferred through “accounts in commercial banks, certified by the Central Banking Authority of Kosovo” and notified to Kosovo’s Treasury.  Receipt of funds from Serbia would not offset grants from the central government, nor be subject to taxes, fees or surcharges of “any kind imposed.”  Also, pensions and other “individualized transfers” may be made by Serbia.

Annex III thus seems to allow Serbian-majority municipalities to retain full access to funding from Serbia.  To ensure clarity, however, it might be specified that the only role of the Central Banking Authority of Kosovo would be to initially certify commercial banks, without being involved in actual transfers.


e) Inter-Municipal Cooperation

Annex III, Article 9 allows municipalities to cooperate and form “partnerships” with other Kosovo municipalities to carry out functions of “mutual interest.”  “Municipal responsibilities in the areas of their own and extended own competencies may be exercised through municipal partnerships, with the exception of the exercise of fundamental municipal authorities, such as election of municipal organs and appointment of municipal officials, municipal budgeting, and the adoption of regulatory acts enforceable on citizens in general.”  These partnerships can form “a decision making body comprised of representatives appointed by the assemblies of the participating municipalities” and provide for an administrative apparatus for carrying out its functions.  “Partnership decisions and activities shall be subject to reporting requirements to the competent central authority and administrative review for compliance with legislation.” This would allow the four Serbian-majority municipalities in the north to form a “partnership” and would, of course, allow a similar body to be formed including all Serb-majority Kosovo communities.  In cases where differences related to central government’s “administrative review” cannot be resolved by the two sides, the President of Kosovo would be able to submit the issue to the panel of three international judges chosen according to Annex I, Article 6.1.3 for adjudication.


f) Cooperation with Serbia

Annex III, Article 10 allows municipalities cooperation with Serbian municipalities and institutions “within the areas of their own competencies.”  “Such cooperation may take the form of the provision by Serbian institutions of financial and technical assistance in the implementation of municipal competencies.”  Municipalities would be required to “notify” central authorities “in advance” of any cooperation through presentation of a “draft cooperation agreement” laying out “the areas of the envisaged cooperation, the provision of staff and equipment, the level of funding and its processing mechanisms, and other relevant procedural arrangements, in accordance with public financial management requirements applicable to all municipalities.”  The Kosovo Ministry of Local Government would review the draft agreement and might require amendments or suspend the planned cooperation.  “The municipality may challenge such Ministry-action in the District Court competent for the territory of the municipality.”  These provisions – plus those under Article 11 – would seem to allow, in practice, the full range of normal cooperation and support from Serbia.


g) Extended Competences for North Mitrovica

Annex III, Article 4 provided “extended” competences for North Mitrovica in the areas of higher education (“including registration and licensing of educational institutions, recruitment, payment of salaries and training of education instructors and administrators”) and secondary health care (“including registration and licensing of health care institutions, recruitment, payment of salaries and training of health care personnel and administrators”).  The net effect of this provision plus others in Annex III would leave the north Mitrovica hospital and university as Kosovo Serb institutions under either municipal authority or as part of a northern or Kosovo-wide “partnership” with continued support from Serbia.

The central government (Annex III, Article 7) may object to the curricula or books used in local Serbian-language schools or by the Serbian language university in North Mitrovica.  Disputes would be settled by “independent” commissions including equal numbers of Kosovo Serbs and those chosen by central government and an international by majority vote.  The international would have been chosen by the International Community Representative (ICR).  However, it might be best to alter this section to substitute the ICR nominee with an agreed international education expert and require decisions be made by consensus.

Article 13 of Annex III contains special provisions for the formally undivided municipality of Mitrovica.  It splits the municipality into “Mitrovice/Mitrovica North and Mitrovice/Mitrovica South” with boundaries contained in a map drawn up by the Ahtisaari team.  It provides for a “Joint Board” of the two municipalities “to carry out functional cooperation in the areas of their own competencies as agreed by the municipalities.”  This Board would be made up of five members appointed by each municipality plus an international chair chosen by the ICR.  Article 13 also gives the ICR a role in overseeing North Mitrovica until an election could be held.

The boundary drawn by the Ahtisaari team does not correspond to the Ibar River in the western part of north Mitrovica.  Rather, it seeks to include Albanian-majority areas northwest of the Ibar River in the southern municipality.  It also includes in that area a Serb-majority village.  Not included is an area in north Mitrovica that has been the scene of uncoordinated returns by Kosovo Albanians.  Whether this line makes sense or it would be better to draw the municipal boundary at the Ibar itself would have to be decided.  No line can be easily drawn to separate the two communities.  Some mixing is inevitable and may be desirable as providing both north and south opportunities for multi-ethnic reconciliation and mutual accommodation.

A joint board to allow a forum on cooperation between north and south Mitrovica – and across the Ibar in general – makes sense as many of the problems and opportunities in the region are shared.  It might be best configured, however, as a completely voluntary mechanism made up entirely of equal numbers of representatives drawn from both sides of the Ibar River – and including representatives of the non-Albanian and non-Serbian communities – without any international involvement.  As north Mitrovica has a functioning local administration, there need be no international role there either.

5) Elements not Explicit in the Ahtisaari Plan

The Ahtisaari Plan does not cover issues that are nevertheless important to settle in order to provide a supportive framework for implementing the plan in the north.  Chief among these are customs, telecoms, energy (including the functioning of Gazivoda Reservoir and Hydro) and Trepca.  It must also be clearly noted that the implementation of the Ahtisaari Plan might be expected to include: 1. participation of the northern Kosovo Serbs in Kosovo central institutions; 2. synchronization of local elections in the north with those in the rest of Kosovo; and 3. some functional presence and linkages of Kosovo institutions and municipal institutions in the north.


a) Customs, Energy, Telecoms and Trepca

Customs, energy and telecoms are all issues on the agenda for the talks between Pristina and Belgrade being facilitated by the EU.  To support achieving agreement on implementing the Ahtisaari Plan, a way should be found to deal with these issues in a manner both status-neutral and practical.

Beyond rejecting the symbolism of allowing a Kosovo customs presence on the boundary, the northern Kosovo Serbs would probably resist any collection of Kosovo customs fees in the north on good beings used in the north.  This leaves open the possibility of an agreement to allow Kosovo customs to record information at the northern boundary in support of EULEX while carrying out actual control and collection of fees in south Mitrovica for goods passing over the Ibar River. Longer term, however, an agreement on collection of fees in the north – for goods staying in the north (or channeled directly back to the north) that might be offset by abolition of Serbian VAT and a proportionate reduction in the Kosovo central government’s block grant due north municipalities – might be possible and desirable.

Leaving aside the issue of property claims by Serbian enterprises and an eventual liberalization in the telecoms and energy sectors allowing Serbian companies to operate openly and legally in Kosovo, it will probably be necessary to allow Serbian telecom and energy providers to operate freely in the north until these larger issues are resolved.  A way should also be found to allow Trepca North to function within the context of any agreement between Serbia and Kosovo on customs.  These measures would allow the Serbian community in the north to feel more secure in accepting the implementation of the Ahtisaari Plan.


b) The North as Part of Kosovo-wide

For the Ahtisaari Plan to be implemented in a way that preserves Kosovo’s territorial and political integrity and in a manner that makes it also acceptable to Kosovo Albanians, the north must relate organically to Kosovo institutions.  The northern municipalities would act as municipalities of Kosovo according to the provisions agreed, including receiving the funding determined by the Plan and maintaining functional linkages to central institutions.  Municipal elections in the north would be synchronized with those held Kosovo-wide.  (These elections would, however, be run by the municipalities themselves with monitoring and assistance from the OSCE until other agreed mechanisms can function.)  Northern Serbs would vote in and be open to service in central institutions – including the Assembly – without necessary reference to the status of those institutions.  Individual Kosovo Serbs serving in the central government would forego any salary from Belgrade.

Funding from central government would be used, at least in part, to provide services for non-majority communities in the north and to fund the operations of an office of deputy mayor for non-majority affairs.  This office would be headed by a deputy mayor to be elected in the regular elections.  This deputy mayor and his/her office could also be designated – formally or informally – as liaison with central institutions.  Officials of municipal administrations would meet regularly with officials of central government to discuss appropriate matters.


6) Conclusion

No mere document can deliver reconciliation, cooperation and progress. The Ahtisaari Plan, however, could provide a framework to allow the current tense stalemate over the north to give way to a process of normalization of life in the north and across ethnic lines.  No document, however detailed, can guarantee smooth implementation and clarity on all points.  Some aspects would have to be worked out in practice.  However, providing mechanisms for all sides to begin acting and interacting in ways that do not challenge basic interests or raise unnecessary concerns would provide a good start; so long as both sides approach implementation with an understanding that continued conflict does not serve their interests.

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Kosovo – Pristina doesn’t really want negotiations on the north Posted on May 22nd, 2012
UNMIK

The May 17 arrest of a young Serb employee of UNMIK’s north Mitrovica office suggests that the Kosovo Albanians have no intention of accepting a negotiated outcome for the region north of the Ibar River.

By Gerard M. Gallucci

The May 17 arrest of a young Serb employee of UNMIK’s north Mitrovica office removes any good reason for resisting the judgement that the Kosovo Albanians have no intention of accepting a negotiated outcome for the region north of the Ibar River. They do not want negotiations on the north, they just want the north. So, to head off any possibility of having to accept compromise, they will provoke the Serbs there into refusing to deal with them.

The young man arrested frequently travelled to visit family in the mixed north Mitrovica village of Suvi Do. To get there, he’d have to pass through an Albanian area. At that point, he would also have to pass by a unit of the so-called “regional” Kosovo police that EULEX allows free reign in this sensitive area. His routines were known. He could have been stopped at any time, as any of the Serbs living there can be. The decision to arrest him at this point on “suspicion” that he was involved in a demonstration in April to prevent the Kosovo Albanian police from setting up another provocative checkpoint – where there had just been a deadly explosion – was clearly political. (EULEX has still not managed to release any information on who might have been responsible for the explosion.) Many, many Serbs turned out for this. The targeting of a local UNMIK employee also allowed Pristina to take another shot at the UN office in north Mitrovica.

A cynic might say that the arrest was Pristina’s way of “recruiting” Serbs to take part in its “dialogue” over the north that it plans to unilaterally launch in September. The truth, however, is more basic than that. The Kosovo Albanians do not want to negotiate over the north, they want to have their “rule of law” imposed there so that they can use it to enforce more “returns” and eventually push the Serbs out entirely. They expected the internationals to do this for them; first UNMIK, then the ICO and EULEX. Having failed in that, they have mounted steady provocations since July 2011. Now they see the internationals pushing them to talk with the northern Serbs. So they provoke the Serbs, either to set off violence that they can use to justify new repression or to simply strengthen the hands of those Serbs opposed to talks.

One might hope that through dialogue, a possible agreement along the lines of the Ahtisaari Plan was possible. This would keep the north as part of Kosovo while providing for local self-rule and maintenance of ties with Serbia. The Kosovo Albanian leadership, however, has no intention of ever accepting that. And their international supporters – the Quint – appear not to have the stomach for imposing it on them. EULEX cannot even prevent the “police” from acting more like an ethnic-cleansing squad. The Quint capitals allow the Kosovo Albanians to make barely veiled threats to destabilize the region – even provoking incidents in south Serbia and Macedonia – if they don’t get everything they want. They give the game, by default, to Pristina.

Pristina knew the Serbs would get the message in the arrest of the young UN employee: “forget this negotiations stuff, you know we’ll never accept any terms but your surrender.” Only the internationals fail to understand.

It is interesting to note that the centuries long effort by the Irish to win their independence from the English eventually ended with two agreements: the first to recognize Irish independence and the second to accept that northern Ireland would remain part of the UK. No one considered leaving northern Ireland within the United Kingdom as a “partition.” Perhaps it time to admit that the same approach may be the only real solution for the region north of the Ibar, to recognize that it remains part of Serbia. The partition was the creation of an Albanian-majority Kosovo out of Serbia. No reason the Albanians should take the north too. That remains mostly Serb and part of Serbia.

As things now stand, the next government in Belgrade might petition the UN to allow them to send back their police to the Ibar border. Even if refused, Serbia could move down its police anyway. NATO would probably stand aside and perhaps even secretly sigh in relief.

The Kosovo Albanians would huff and puff and threaten regional violence. They would probably step up attacks on Serbs living in the south. In this case, the proper response would fall to NATO. It’s time, however, to accept that left to themselves, the current Kosovo leadership will do everything to avoid compromise, including threats, intimidation and provocation to block any effort to deny them the north on their terms. Only the strongest pressure from the US and EU – plus real peacekeeping along the Ibar by KFOR, EULEX and UNMIK – offers a stable alternative to the return of Serbia in the north.

Which will it be, Quint?

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. Gerard is also a member of TransConflict’s Advisory Board.

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

To read other articles by Gerard for TransConflict, please click here.

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New members of the Global Coalition for Conflict Transformation Posted on May 16th, 2012
GCCT

In the past month, TransConflict has been pleased to welcome a host of new members of the Global Coalition for Conflict Transformation, which works to uphold and implement the Principles of Conflict Transformation.

These new members from a variety of countries are:

  • Belfast Interface ProjectNorthern Ireland – is a membership organisation committed to informing and creating effective regeneration strategies in Belfast’s interface areas, in order to ensure that they are free of tension, intimidation and violence both within and between communities;
  • EPOS International Mediating and Negotiating Operational AgencyItaly – aims to contribute to the creation of stability in conflict areas, maintain stability in stable areas, in those at risk and those which have recently reached stability;
  • Research and Documentation Centre SarajevoBosnia and Herzegovina – established with the aim to collect documents and establish facts about the war and war atrocities in Bosnia and Herzegovina during 1992-1995;
  • Youth Resource Centre (ORC) TuzlaBosnia and Herzegovina – works to empower and strengthen youth organizations and informal youth groups, especially in small communities, in the belief that believes youngsters possess the power to prevent possible future conflicts;
  • Peace Academy FoundationBosnia and Herzegovina - sees peacebuilding as increasing the capacities of people and institutions to manage diversities through conflict transformation, and avoiding structural violence by investigating and analyzing the causes of war, opening perspectives and (re)establishing interrupted and destroyed relationships among people, and between ethnic groups, of the former-Yugoslavia.
  • Syri i VizionitKosovo – aims to promote local democracy and the participation of people in Kosovo. In its continuous efforts for democratic practices, Syri i Vizionit gave a special role to promotion of good governance, accountability, transparency and public participation in decision-making.
  • JumpSerbia – provides young people with an opportunity to get actively involved in developing their own community. Jump’s strategy is based upon upholding human rights, peacebuilding, environmental protection and increasing mobility.
  • Association of War Affected WomenSri Lanka – was established in 2000 to create space for war affected women specifically mothers and wives of servicemen missing in action, and of those who are missing, to come together across the divide to work for peace;
  • Initiative for Political and Conflict TransformationSri Lanka – aims is to contribute to a process of political and conflict transformation in Sri Lanka. INPACT’s work focuses on addressing the grievances and symptoms of dissatisfaction felt by groups of people who believe that their interests and rights as groups or individuals are not being guaranteed;
  • United For Peace Against Conflict InternationalIvory Coast – contributes to peacebuilding, peacemaking and peacekeeping activities, teaching about the causes and consequences of conflict and proposing practical transformative measures in order to enhance the adoption – and practice – of culture of peace and non-violence;
  • The Populace Foundation – UgandaUganda – promotes reconciliation and peace-building amongst conflict-affected communities in North and North-Eastern Uganda.

For a complete list of members of the Global Coalition for Conflict Transformation, please click here. If you are interested in applying to join the Global Coalition, then please click here.

If you are interested in supporting conflict transformation projects and trainings through the Global Coalition, then you can make a secure donation on-line through the BigGive by clicking here!

1 Comment
The West, Milosevic and the collapse of Yugoslavia – a response to David B. Kanin Posted on May 15th, 2012
Ante Markovic

Josip Glaurdic responds to a review of his new book, ‘The Hour of Europe: Western Powers and the Breakup of Yugoslavia’, by David B. Kanin, whose own response is also presented below.

By Josip Glaurdic

The twentieth anniversary of Yugoslavia’s breakup came and went without nearly the attention it warranted in the West. Perhaps that is fitting for the crisis which was originally allowed to simmer and boil over by the neglect of the Western powers. My book, ‘The Hour of Europe: Western Powers and the Breakup of Yugoslavia (Yale University Press, 2011)’, was an attempt to change that trend of indifference, so I am particularly grateful to Prof. Kanin for “lending me a hand” with his thoughtful and knowledgeable review. I am also grateful for his praise, but – in the good tradition of review responses – I have decided to move straight to his substantive critique. After all, that is the best way we can build a constructive dialogue and learn from each other.

It would perhaps be most useful to begin with Prof. Kanin’s suggestion that my analysis lacks “an assessment of why whatever forces – whether military, liberal, or ideologically ‘Yugoslav’ – failed to coalesce as events spun downward.” This is a very good question, which we can answer only after answering two related questions – which (credible) forces are we talking about and when?

If we are talking about the period between the decision of Slobodan Milosevic to marry his brand of socialism with Serbian nationalism sometime in mid-1987 and the collapse of the League(s) of Communists and its/their various defeats at the polls in 1990 – then my book answers that question at least implicitly because it deals extensively with the only credible force that could have stopped Milosevic’s march: the League of Communists itself. The book, thus, discusses the reasons why the rest of the Communist elite failed to collectively respond to Milosevic’s ousting of Ivan Stambolic (they did not want to meddle in Serbia’s internal affairs and they thought Milosevic was just a grey, controllable bureaucrat); it explains why nothing was done once the rallies of the “anti-bureaucratic revolution” started in Serbia (again, because it would have been meddling in the internal affairs of Serbia, because all republican Communist elites used their own nationalisms for the purposes of mobilization, and ultimately because some of them – like the JNA and Macedonia, for example – actually agreed with Milosevic); it suggests a set of plausible explanations for why what was done was done once the “anti-bureaucratic revolution” started to spill over beyond the borders of Serbia (new and weak Communist leaderships in Croatia and Bosnia and Herzegovina, miscalculations and spinelessness on the federal level, etc.).

Ultimately, however, the main point is that the Yugoslav Communists were deeply divided over what really constituted a “Yugoslav” platform and, besides, they derived their legitimacy from within their republics. For, say, the Croatian Communist leaders of 1989 – who were all of clearly Yugoslavist orientation – to reach out to someone beyond the borders of their republic in order to build an anti-Milosevic coalition, they would have needed courage, enough likeminded partners, an institutional pathway to oust Milosevic, and real payoffs for such a move in the form of increased legitimacy of their rule. They had none of that. As my book demonstrates, their feeble – but still clearly Yugoslavist – response to Milosevic’s campaign was actually the reason for their electoral defeat.

If, on the other hand, Prof. Kanin’s question is referring to the period between the downfall of the League of Communists in early 1990 and the breakup of the country and war in the second half of 1991 – then the answer is slightly different, partly because we are dealing with different actors, and partly because of increased importance of international signals to the Yugoslav players. As my book argues, the only scenario for a possible survival of the Yugoslav state during this period was dependent on the success of the federal government of Ante Markovic, which commenced its program of shock therapy in December 1989, and the success of the plan for the Yugoslav confederation officially proposed by Slovenia and Croatia in the fall of 1990. Since Prof. Kanin devotes some attention to my treatment of both Markovic and the confederal proposal, it may be useful if I answer his aforementioned question by responding to his critique of how these two episodes were dealt with in my book.

Prof. Kanin suggests that I am minimizing the role Ante Markovic played during this period, that I am ignoring his popularity, devaluing the success of his reforms, and taking him to task for “joining Milosevic in condemning Slovene and Croat movements toward independence after the disastrous Congress of Yugoslavia’s League of Communists in January 1990.” However, none of those suggestions are correct. Ante Markovic gets an extensive treatment in my book, from his appointment in early 1989 and the creation of his economic program (pp. 61-66), to his failure to get Western support (pp. 67-69, 80-81, 121-122), his participation in the elections of 1990 (pp. 102, 115), or his role in the war in Slovenia (pp. 169-170, 173, 177-178, 191-192). I also explicitly mention the level of his popular support (p. 120, p. 344n3). And I treat his reforms fairly, in light of their actual success as measured by a variety of economic indicators (presented in Table 5.1 on p. 122) and in light of the response they garnered in the West. Interestingly, I am not the one who termed Markovic’s reforms “illusory”, as Prof. Kanin suggests. It was the CIA, whose National Intelligence Estimate from October 1990 (and which I quote on p. 109) claimed that the reform achievements of Markovic’s government were “mostly illusory”.

As far as taking Ante Markovic to task is concerned, I take Yugoslavia’s last prime minister to task for three things: for harbouring irrational hopes throughout the crisis that the West would bail him out (p. 68), for aiding and abetting the Yugoslavist wing of the JNA in the war in Slovenia, and for the obstructive role his government played in early Western diplomatic efforts during the war in Croatia (as, for example, in the efforts of the CSCE, p. 187). Those criticisms aside, however, I clearly acknowledge the federal prime minister as “the only political actor who presented a pan-Yugoslav alternative to Milosevic” at the turn of the decade and as someone who may have had a chance to neutralize the Serbian leader (p.69). The problem for Markovic, however – and here lies the answer to Prof. Kanin’s question of why pro-Yugoslav forces did not coalesce around the federal prime minister – is that his reforms were doomed to fail without real financial assistance from the West – assistance Markovic never received.

One could also take Ante Markovic to task – though I do not do that in my book – for failing to support the confederal proposal of Slovenia and Croatia, which was officially presented in October 1990. Prof. Kanin suggests that the confederal proposal was not a truly workable plan, but merely a “slogan” which fooled some Westerners. He also suggests that the Slovenes were not intent on reforming Yugoslavia into a confederation, but were only interested in keeping their money. Moreover, Prof. Kanin questions not only whether the Slovene Communist leadership was committed to the idea of a Yugoslav confederation, but also whether it was committed to the idea of liberal democratization, and he asserts I provide no evidence for such claims in my book.

It is certainly true that the bulk of national/nationalist mobilization in Slovenia in the late 1980s, which was condoned and even fostered by the republic’s Communist leadership, was centred on Ljubljana’s financial contributions to the federal budget. This is hardly surprising, considering the economic environment of extreme austerity akin, perhaps, to what Greece has to go through today. To say, however, that the Slovenes wanted to keep more of their money and that they were committed to the idea or reforming Yugoslavia along confederal lines is not mutually exclusive. On the contrary: the confederation was exactly the institutional device which was – among other things – to allow the Slovenes to keep more of their earnings at home. Whether the confederal proposal of October 1990 was practicable or, as Prof. Kanin suggests, “there is no evidence the Slovenes or anyone else actually considered how such a construction would work” is debatable. The proposal was modelled on the European Community and contained a number of different options which were ultimately to be agreed upon in peaceful negotiations of all six republics. The main point is that this platform for negotiations did not “fool” any Westerners, as Prof. Kanin suggests. As my book demonstrates, the confederal proposal was met with basically uniform derision and disregard from the West in late 1990 and early 1991 (pp. 123-124, 137). Only after the Belgrade protests of March 1991 and the violence in Croatia later that April and May, did the Western governments begin to signal their possible acceptance of a confederal reformation of Yugoslavia, but by that time it was too late. It is rather ironic that a number of provisions of the confederal plan found their way into the proposals of the Carrington Conference in the fall of 1991 – after thousands of dead and wounded, and several hundred thousand refugees in the war in Croatia. Had the confederal plan received Western backing and diplomatic involvement in the fall of 1990 when it needed it, it is entirely possible that war could have been avoided, and that some semblance of a common Yugoslav structure could have been preserved.

When it comes to the question of evidence of Slovenia’s commitment to liberal democracy and to Yugoslavia’s confederal future, I can only recommend that Prof. Kanin re-reads the relevant chapters of my book. Is the fact that the leaders of the Slovenian League of Communists took Mladina’s side in its clash with the JNA in 1988 (pp. 27-29) not evidence of their clear choice to defend that quintessentially liberal idea of the freedom of the press? Are the Slovenian constitutional amendments of 1989, which abandoned the Party’s leading role in society and extended the rights of Slovenian citizens in areas such as freedom of assembly, freedom of movement, freedom of religion, right to privacy, and freedom for organized participation in politics (pp. 54-56), also not evidence of a commitment to a liberal-democratic transformation? Is the fact that the Slovenian state-run media and the still ruling League of Communists supported Markovic’s reform program in spite of, as the Ljubljana daily Delo put it, the federal prime minister’s “inability to resist the discreet charms of centralization” (p. 65), not evidence of Slovenia’s commitment to a common Yugoslav future? Is the official platform of the League of Communists of Slovenia for the Fourteenth Congress of the federal Party organization, which – in the words of Milan Kucan – was the platform “undoubtedly for Yugoslavia: a voluntary state of equal republics, free and equal nations, a democratic community of free citizens which measures its socialist content and existence by the criteria of a European quality of life… not a Yugoslavia as an extended Serbia to which – according to its wishes – others can be joined” (p. 70) – is this platform not evidence of a still-present commitment to Slovenia’s future in a reformed and democratized Yugoslavia? Are the proposals put forward by the Slovene delegation at the Fourteenth Congress, which included a series of human rights amendments such as the ban on political trials and torture, and which were defeated by Milosevic’s sizeable bloc in the Party (p. 71), not a sign of the commitment of Slovenia’s Communists to liberal democratization? Last, but not least, is the fact that Slovenia was the first republic to call and hold democratic elections, after which the ruling Communists peacefully surrendered their political offices, not evidence of a commitment to liberal democratization? Prof. Kanin is certainly correct in stating that the Slovenes used their financial upper hand in an attempt to negotiate a better deal with the federal centre and that they had used it for years. They were, however, hardly alone in employing such methods.

The case of Slovenian liberalization and democratization is a good introduction to my response to another important critique by Prof. Kanin – the one regarding my supposed inaccurate use of the term Realpolitik to describe the policies of the Western powers. Prof. Kanin uses the example of Bismarck and his ability to mould the European order according to Prussia’s interests to draw a distinction with the Western leaders of the 1980s and 1990s who were operating “in the thrall of inertia”. None of them, as Prof. Kanin argues, deserve the same label of Realpolitiker that belonged to a statesman such as Bismarck.

It is interesting that Prof. Kanin uses Bismarck’s example to challenge my use of the term Realpolitik, because it was exactly the old Chancellor who was often quoted by the Western anti-interventionists who argued – as he did a century earlier – that “The whole of the Balkans is not worth the bones of a single Pomeranian grenadier.” This quote indeed captures the essence of Western Realpolitik when it comes to the breakup of Yugoslavia. Political realism in international relations is primarily concerned with power (derived from military or economic capacity) and the pursuit of stability. It has no place for ethical or ideological concerns. So, what would the quintessential Realpolitiker have done, had he been in some position of power in the West and confronted with the Yugoslav crisis? Well, he would most likely have noted the dwindling importance of Yugoslavia in the European geopolitical system of the late 1980s and he would have wanted it to remain quiet in order to devote his attention to more pressing interests further up north. He would have had little understanding for the liberalization and democratization agenda of Yugoslavia’s north-western republics, or for the clamouring for human rights by the Kosovo Albanians. He would, on the other hand, most likely have supported those who claimed to be fighting for the country’s preservation and centralization, especially since they happened to be wielding the biggest stick.

As my book repeatedly demonstrates, that was exactly the policy pursued by the Western powers until real war broke out in the summer of 1991. Inertia did play a large role, as Prof. Kanin rightly points out, but it was not the only, or even the most important, factor explaining Western policy. To get back to the case of Slovenian liberalization and democratization – inertia alone obviously cannot explain the fact that the Yugoslav Army received Western signals of support for its possible (and contemplated) intervention in Slovenia at the peak of the Mladina affair in 1988 (p. 28-29), as well as during the crisis with the Slovenian constitutional amendments in 1989 (p. 60). Just as inertia alone could not explain a host of other Western policies toward Yugoslavia during the period covered in my book: from the lack of real Western condemnation of the violence against the Kosovo Albanians in early 1989 (with the notable exception of the US Congress) (pp. 39-42); to Cutileiro’s and Carrington’s blackmail of Alija Izetbegovic with the military might of Serbia and the Bosnian Serbs, and with the withholding of the international recognition of Bosnia and Herzegovina, in March 1992 (pp. 294-300).

The important thing to note is that the foreign policy apparatuses of all Western powers – including Germany – subscribed to this rationale until real war broke out in the summer of 1991. Frankfurter Allgemeine Zeitung may have been making a clear distinction between Yugoslavia’s “democratic northwest” and “Communist Belgrade” (as did a number of other press houses elsewhere in the West), but such distinctions did not have any real effect on Germany’s policy toward Yugoslavia. What changed Bonn’s outlook on the crisis were the extreme violence and the clear aggression, first of the JNA on Slovenia, and then of Serbia on Croatia. As I argue in the concluding chapter of my book (p. 307),

The nature and the aims of the Serbian aggression galvanized some of the most deeply ingrained principled ideas within the German foreign policy community: the idea of peaceful self-determination (which had been the basis for Germany’s reunification), the idea of strong anti-expansionism and anti-irredentism (which stemmed from Germany’s own World War II traumas), and the idea of a strong commitment to the growing capability of European multilateral institutions (which was the foundation of Germany’s post–World War II foreign policy). It was Milosevic’s challenge to these three principled ideas which shifted the spotlight of German foreign policy makers away from their material interests in the continuing existence of Yugoslavia – and if any country had real material interests in the perpetuation of the Yugoslav federation, it was Germany – to the moral interests of self-determination for Yugoslavia’s republics and Europe’s strong resistance to Serbia’s expansionism.

The point is that Germany’s policy shift cannot be, as Prof. Kanin does, viewed outside the context of the extreme violence which was unleashed on Croatia and was threatened to be unleashed on Bosnia and Herzegovina. Prof. Kanin’s suggestion that Germany pursued the policy of recognition of Slovenia and Croatia without consideration for what would happen for the rest of the federation is false. As my book shows, Germany had a clear preference for the recognition of Bosnia and Herzegovina as well as Slovenia and Croatia, but was forced to take a back seat due to the intense criticism it was subjected to, primarily by Britain and France. Unsurprisingly, and unfortunately, the Western diplomatic, humanitarian, and military effort in Bosnia and Herzegovina thus reverted back to the very same mistakes which marred its inglorious beginnings in Slovenia and Croatia. Had my book been longer than the already lengthy 432 pages, and had it continued into the Bosnian war, the analysis would have not only shown Milosevic repeatedly hoodwinking the Westerners, as Prof. Kanin suggests. It would have shown a long record of ultimately unsuccessful Western struggles to shake off their impulses of Realpolitik and appeasement – impulses which culminated with what Prof. Kanin rightfully labels the needless mistake of Dayton.

Dr. Josip Glaurdic is Junior Research Fellow at Clare College, University of Cambridge. He earned his PhD in Political Science in 2009 at Yale University.

An immediate response by David B. Kanin:

Josip,

Thank you very much for taking the time to consider my review and respond to it. I am just about to get on a plane to Istanbul and then other places, so I hope you will not be offended by this very quick response.

First, you mischaracterize just a bit my comments on your treatment of Ante Markovic. In fact, I believe you gave him the right amount of attention and only would quibble with minor points of what you say about him. In fact, I meant to use your appropriate consideration of his shortcomings and failures to take a shot at those who have built up a mythology that he was a would-be liberal alternative to Milosevic and the others who brought Yugoslavia down.

When it comes to Slovenia, the issue is not whether its leaders were sincere about a society more open than Milosevic’s Serbia. The issue is whether – even before Milosevic came to power – they were sincere in their commitment to maintaining Yugoslavia at all. I believe they were not – they knew no re-tinkered “confederation” would hold together and prepared the ground carefully and over time to get out. You believe otherwise – I look forward to more exchanges with you on this point. In my view, part of the problem here is – as I wrote in my review – your narrow focus (1987-1992) just does not cover enough ground to consider the context and follow-on impact of your spot-on assessment of Western disarray and contradictory policies.

As to Bismarck – I agree he knew little about the Balkans, which is why he kept his country out of the region and worried about the implications of how Russia and Austro-Hungary played out their rivalry in the region. I must confess a little disappointment that your comments focused on Bismarck more than my critique of your treatment of Genscher and German policy in 1990-2.

On the later issue, I agree with you entirely that Germany’s policy shift cannot be considered separately from the context of the violence unleashed on Croatia (but not just Croatia). I disagree with your book’s contention that the Germans put the same priority on Bosnia’s independence as on Croatia’s – if that were the case they would not have been ready to drop the issue in reaction to the chaos in the policies of other Europeans until the Americans belatedly stepped in.

These are details, albeit not all minor ones. I want to stress again how valuable I believe your book is – I very much look forward to learning from the fruits of your future research. If I can ever be of any assistance to you, please let me know.

David B. Kanin is an adjunct professor of international relations at Johns Hopkins University and a former senior intelligence analyst for the Central Intelligence Agency (CIA).

3 Comments
Kosovo – getting to dialogue on the north Posted on May 14th, 2012
Oliver Ivanovic

Having realized that the north cannot simply be conquered, the Quint might finally be ready to recognize that something more than the bare outline of the Ahtisaari Plan may be required to unlock the status dispute.

By Gerard M. Gallucci

Signs have been building over the past few months that conditions for finding a compromise solution for north Kosovo might be ripening. Since 2008, the Quint – through KFOR, EULEX and the ICO – had been allowing and supporting unilateral (i.e., not negotiated) efforts to impose Kosovo Albanian returns and institutions across the Ibar River. Successful, largely peaceful, resistance of the northern Kosovo Serbs had prevented all efforts to accomplish this. KFOR seemed to understand the situation ahead of others, perhaps because it was put on the front line of trying to take down citizen barricades and corral the northerners into using “official” boundary crossings manned by Kosovo customs. After last September, KFOR refused to confront demonstrators with armed violence and began treating northern local leaders as credible interlocutors. While still refusing to commit itself to status neutral actions in the north, EULEX eventually worked out a modus operandi with the northern Kosovo Serbs that allowed them limited access in the north while keeping any Kosovo Albanian officials at the crossings in their containers. Even the ICO has come around to understanding that the problem of the north is not caused by “radicals” or “criminals” but arises because the people there just do not want to be ruled by Pristina.

In the last days, the Pristina press has been discussing international “pressures” on the Kosovo government to accept talking with credible northern Serb leaders about what to do next. The Kosovo government – and its international friends – are emitting their usual noises about borders that cannot be changed, about Belgrade having a limited role in any discussions and about simply implementing Ahtisaari. Some officials are also renewing the charge that it is their internationals who have failed in capturing the north by not having done enough to enforce Kosovo “rule of law” there. But such is to be expected before a possible tough negotiation. One sign that the Quint may be serious about Pristina preparing for negotiations is their allowing Ramush Haradinaj to return from the Hague. Like Nixon going to China, he may be the leader to take Kosovo forward to a historical settlement with Serbia.

It is an historical settlement between Belgrade and Pristina that the Quint now seems to most desire. The EU has a full plate with the Euro crisis. The US wants to bring its troops home. They both would rather not be in Kosovo forever. An agreement between Serbia and Kosovo on status – even if it doesn’t immediately include full recognition – would allow them to leave gracefully. Having realized that the north cannot simply be conquered, the Quint might finally be ready to recognize that something more than the bare outline of the Ahtisaari Plan may be required to unlock the status dispute.

The next government of Serbia probably will be pretty much the same as the last. DS and the Socialists will form the core and most observers expect Tadic himself to return as president. Whether it is Tadic or Nikolic, however, it’s a good bet that the new leaders will also want to resolve the status issue in a way that allows Serbia to move forward more crisply toward EU membership. This is key to improving Serbia’s economic prospects and would reap profound political gains.

Some believe – and in Kosovo may fear – that the new Serbian government will be in such a hurry to gain EU approval that it will end its support for the north and de-legitimatize the current local leaders. Whoever assumes power in Belgrade is, however, unlikely to be able to give away the north outright. Any ruling coalition could split over such action. Belgrade probably will be willing, however, to reach a deal that at least a majority of the northerners could go along with. Some northern Kosovo Serbs have begun thinking about possible compromises. A key will be recognition by the Quint, Pristina and Belgrade of those leaders viewed as credible interlocutors by the northerners themselves. You don’t start a true dialogue by trying to pick the other side of the table.

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. Gerard is also a member of TransConflict’s Advisory Board.

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

To read other articles by Gerard for TransConflict, please click here.

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

To keep up-to-date with the work of TransConflict, please click here. If you are interested in supporting TransConflict, please click here.

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