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UN redefines UNMIK tasks in Kosovo

(BRUSSELS2) The notes that UN Secretary General Ban Ki Moon published in June and July deserve sustained attention because they set a new framework for the United Nations Mission in Kosovo (UNMIK) and, default, gives Europeans an indirect mandate to act. The whole thing is quite contradictory. The UN secretary looks more like a balancing act required to accommodate those who want an independent state in Kosovo (United States and most countries of the European Union) and those who believe that nothing happened on February 17 (day of the proclamation of independence) and refuse any secession of the former autonomous republic of Yugoslavia (Serbia, Russia, etc.) or to ratify the fait accompli (Spain, etc.), between a single State or two states.

Five points can be made:

1 ° " Until the Security Council decides otherwise, resolution 1244 (1999) continues to constitute the legal framework of the UN mandate".

2° The Pillar IV of Unmik (dedicated to economic reconstruction) is dead. “the European Commission has informed my Special Representative that it will end, as of June 30, 2008, the financing of UNMIK Pillar IV operations.” Decision taken – according to the Secretary General – “ without consulting UN Headquarters and which de facto deprives UNMIK of the technical or budgetary possibility of replacing the experts financed by the Commission ».

Inline The European Union will play an enhanced operational role in the area of ​​the rule of law under resolution 1244 (1999), under the general authority of the United Nations. Over time, it will take on increasing operational responsibilities in the areas of international policing, justice and customs throughout Kosovo. Its ability to deploy rule of law mission could, as envisaged in Security Council resolution 1631 (2005), “usefully complement the work of the United Nations and have a positive effect on the optimal use of limited resources”.

4° It is understood that the international responsibility of the UN will be limited commensurate with its effective operational control. She will be charged among other functions that remain to be defined »: (a) monitor and submit reports; (b) to facilitate, where necessary and possible, arrangements regarding the participation of Kosovo in international agreements; (c) to facilitate dialogue between Pristina and Belgrade on matters of practical interest; and (d) to exercise functions with regard to dialogue.

5 ° " Pending directives from the Security Council, it is necessary to reconfigure the international civil presence in Kosovo (..), it is concretely necessary to recalibrate the international presence in a manner that meets current and emerging operational needs. »

Pragmatically, the UN Secretary General proposes to redefine certain sensitive services.

• the Police: the Kosovo Police Service which operates in Serb-majority areas must place itself under the authority of the international police and the UN special representative.
(i.e. the Kosovo Serb policemen will not depend on Pristina).

• the Courts : New local courts and district courts must be established in Serb-majority areas. They will operate within the Kosovo judiciary according to the applicable law under Resolution 1244 (thus international law and not Kosovo law).

• the customs. It is up to the UN Special Representative to “determine, in consultation with interested parties, the administrative structure which will allow Kosovo to continue to function “as a single customs territory, with guarantee of the continued presence of international officers of the customs at border posts. A technical coordination committee, “where the Republic of Serbia and other stakeholders will be represented”, will be established to resolve all technical issues of border crossing.

• security forces. The NATO presence, an international military presence, will continue to carry out its security mission throughout Kosovo, including on the borders, in coordination with other international organizations. (otherwise known as Eulex Customs).

â € ¢ the Serbian heritage. The Serbian Orthodox Church in Kosovo will benefit from international protection. It will remain under the direct authority of its religious headquarters in Belgrade. It will retain the exclusive right to preserve and restore its religious, historical and cultural sites in Kosovo.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).