The American police in Eulex: a bit undisciplined…
The Americans are closely following the "rule of law" mission (EULEX) that the Europeans have deployed in Kosovo. But they feel that it does not go far enough and that it is not robust enough. Within the mission, the American police officers thus clashed several times with their superiors, sometimes not hesitating to circumvent orders to demonstrate the validity of their positions. This is revealed by a telegram, written on April 8, 2009, by the American Embassy in Pristina and published by Wikileaks. In general, we feel that the American presence within the Eulex mission is not symbolic but that it intends to influence the meaning of the mission (in favor of the Kosovars). The Americans do not hesitate to notice, abruptly, that the Europeans seem to be a little too nice with Belgrade and not enough with Pristina.
Americans frustrated for not acting with force
It is above all the police component that receives criticism from the Americans. The American police thus express their "frustration with the hands-off approach and lack of executive authority when operating in the field". The officers in Mitrovica or at the border "do not have 'executive' authority to enforce the law or make arrests for offenses committed in their presence. They can only improve MMA activities (Monitoring, Mentoring and Advising or Observation, Encadrement et Conseil) and acting outside this mandate may expose them to disciplinary sanctions. (...) Eulex has thus refused to deploy officers in situations where they could find themselves obliged to act in self-defense, the only situations where the international presence will be the most beneficial" explains the American diplomat.
When Americans Bend Orders
For example, during the demonstrations in March in the Serbian enclave of Silovo, there was initially no response from the police officers of Eulex. To intervene, the American officers who work at the post of the Kosovo Police "then convince Kosovar commanders to go there, which creates a framework for US officers to observe the behavior of commanders in the field"The trick is done. But, in doing so they"put themselves in personal danger for leaving what Eulex considers their first job(in other words a case of disobedience).
The problem with the 5 states that have not recognized Kosovo.
The representatives of EULEX have a thousand concerns with the 5 States which have not recognized Eulex. From an operational point of view, this prevents EELX from "develop a consistent policy that identifies Kosovo law as the only applicable legal system". From a political point of view, this complicates the daily task. Madrid and the other four capitals that have not recognized Kosovo" come to Brussels to complain at every routine report that might suggest that Eulex breaks its status of neutrality, and goes out of its mandate provided for by resolution 1244". And Brussels, in turn, comes up the straps to Eulex.
Eulex Justice and Eulex Customs
Apart from the question of the applicable law, the justice component of Eulex and, even more, the Customs component, on the other hand, receive positive remarks and even praise. The Justice component of Eulex "has achieved some success in the mentoring relationship developed with judges and prosecutors in Kosovo. Feedback is positive and cooperation with US programs is good.". Among other results, the American diplomat notes the reopening of the court in Mitrovica has been reopened and the conduct of several trials. As for the Customs component of Eulex, it has developed a "monitoring, observation and advisory role with the Kosovo Customs Service and has gradually increased its activities since December 2008. Coordination between the Head of Component Paul Acda and (his Kosovar counterpart) Naim Huruglica is especially strong and transparent".
The American flag forgotten, the British present. Damned!
During the inauguration of the new HQ of Eulex, no flag of Kosovo was present, note the Americans. But above all there was no American or Turkish flag, which however participates in the mission, while all the flags of the 27 were there, including the British flag - note the cowardly Americans - "as the UK announced the withdrawal of most of its contingent from EULEX"...
In the end, Good but could do better
EULEX has had some success - its deployment and effective response to outbreaks of violence in Mitrovica (De Kermabon has been "receptive to our advice" notes the telegram), as well as an increasing number of court cases concluded. But his caution in sticking to the neutrality of the statute and the definition of his purely technical mission is "a serious limitation". Currently EULEX has a "stabilizing influence, helping to ensure law and order in the absence of international consensus on Kosovo's status, but it could quickly be crippled by its own political limitationssums up the telegram.
Recommendations from Americans to Europeans
If EULEX "the biggest and most ambitious ESDP mission to date", notes the telegram, (wants) to succeed, she still has to "making progress on critical northern issues". It is still necessary - note the Americans - that Brussels "apply equal pressure on Belgrade and Pristina". The American diplomat thus judges that Brussels aligns itself too much with the "political demands from Belgrade and alienates their Kosovar counterparts".