[Interview] Xavier Bout de Marnhac: In Kosovo, it is time to move to a “Commission” logic

21st February 2012 Nicolas Gros Verheyde

(BRUSSELS2, Exclusive) Xavier Bout de Marnhac, a former French general, has been leading the European "Rule of Law" mission deployed in Kosovo for almost a year and a half. The largest civilian mission that the EU has ever deployed (nearly 3000 men, police, magistrates, customs officers).

The moment is crucial, both on the ground because tensions are still persistent. And, also, because the Europeans have initiated a review of the mission to refocus it on certain essential tasks and ensure the transition of some of these missions to the local authorities in Pristina, almost four years after the declaration of independence and the beginning of this mission (in 2008).

This interview was also an opportunity to learn lessons from the European presence in Kosovo - "we cannot relax our vigilance at any time" -; on judicial work - important but the time of justice is not the same as media or political time - or the "Marty" investigation - which is progressing slowly but surely.

We can't relax our vigilance, at any time

What lessons do you draw from your presence in Kosovo?

XBM- The first lesson is that we cannot relax our vigilance at any time. Since taking office, I have lived in crisis management permanently. We had the resignation of the president, followed by the elections. We conducted the largest operation to maintain the rule of law with Kfor; 650 people deployed on the ground to carry out judicial searches that could be called routine. And, since the summer, we have been in crisis.

Can the situation calm down?

XBM- It won't calm down until there's a political solution. It was a big collective mistake to believe that things were settling, the level of disruption remaining flat, we could think of a way out of the crisis. The substantive subjects are not regulated and are not always. And that should stay tense for a while yet. The regional calendar is not favourable: we are entering elections in Serbia, and then it may take time to form a coalition government. Then we will have the Serbian presidential elections and probably general elections in Kosovo. So we are off to a busy political year. One can make certain criticisms of the mission; but it is not our job to advance the political settlement.

These resumptions of violence do not seem quite spontaneous?

XBM- It's typical. Each time that attempts at negotiation open up, there is an increase in violence. There are people who have an interest in fostering disagreement.

Can the dynamics of enlargement which could be set in motion with the recognition of Serbia's status as a candidate country at the end of February play a part in calming people's minds?

XBM- I do not believe. Rather, it would be the opposite. In the North of Kosovo, they are not in this logic and rather fear the rapprochement of Serbia with the European Union. They are afraid of bearing the brunt of a general political deal. That won't calm them down.

How is the situation at the borders?

XBM- We are present at border posts with Kosovar customs officers. The position is open. But nobody circulates because the roads are blocked, on both sides. There are roadblocks on both sides, the Serbian side as well. We are trying to encourage Belgrade to play the game and put pressure so that these barriers are lifted.

Can the agreement signed by Pristina and Belgrade unblock the situation?

XBM- Not necessarily. We will end up with the question: how local customs officers regularly reach border posts. For now, they can't use roads. We have to bring them there by helicopter.

We are investigating very sensitive cases

On the justice component of the mission, where are you?

XBM- We have advanced. 1750 cases have been handled by European prosecutors, of which more than 300 are still in progress (*). We have rendered nearly 280 judgments pronounced directly by the Eulex authorities (mixed or majority panel). And the sentences were heavy: 18 years for a war crime trial (Bllaca case against F. Gashi), 15 years for the human trafficking trial (Tisza river case).... We are investigating very sensitive files - of war crimes, human trafficking, corruption - such as the Medicus file (a case of organ trafficking), war crimes involving the former Minister of Transport, a corruption investigation involving the former Minister of Returns.

Where's the special investigation on the Marty report?

XBM- She settles down slowly. There is a whole preliminary legislative work to be done for the fluidity of the investigations, the collection of evidence. But it looks good. I am confident about the process. The legislation in Albania must be adapted in order to be able to act. (Generally speaking), we will use somewhat the same mechanisms as the international criminal court. The preliminary investigation elements were collected by the task force. By the end of the year, we should know more, for example on the lawsuits. But don't expect results right away. We search, we collect evidence. I want to be very careful about deadlines.

You seem very cautious ?

XBM- This is one of the lessons I learned in this mission: the rhythm of justice is not the rhythm of politics and the media. The mission has over-committed to timelines in the past, which were unrealistic. It was badly experienced, in terms of perception of the mission. We must remember that even in our countries, it is long; in France, it took us all the same 40 years to judge Bousquet and Papon.

The review of the mission is initiated, implemented from June

You met with COPS ambassadors to present the main lines of the mission review. What is your point of view ?

XBM- I campaign for "moving from a logic of mission to a logic of the European Commission". Increasingly using the usual tools has two advantages: to facilitate the transition, and to bring Kosovo into a framework similar to that of other countries in the region. It is a certain form of normalization of the relationship between the European institutions. A bit like we did in the former Yugoslav Republic of Macedonia. Albania, Serbia and Montenegro are already working with the European Commission as their sole contact.

What are the main points of this review?

XBM- The tendency is to transfer all activities where it is believed that local institutions are able to take over. We are going to reduce the presence in the south of the country, particularly in terms of assistance to the police, because we have achieved the main objectives. We maintain an advisory capacity at the central government level and a few mobile assistance teams. In the North, we maintain the objective, depending on the freedom of movement that we can obtain, which is not very great today. But we are trying to improve it. Free movement is not an end in itself, but it enables the entire mission of the rule of law to be implemented.

So the size of the mission will also decrease?

XBM- Probably yes. What volume? This still remains to be defined. Some States are campaigning for an ambitious revision (ie a reduction of 30 to 40% in the workforce). Others are more cautious. This reflects a different regional context. Economic and budgetary pressure are also at play, there is no denying that. It will therefore be up to the States to decide with all these elements. For my part, I am campaigning for an ambitious approach; local institutions will thus have more leeway to act.

How many people will the reformatted mission have then?

XBM- Hard to say precisely today. We have to realize that we are at the beginning of the process. First, the main objectives of the mission are defined. In a second step, we will define the functions to be fulfilled. Finally, we will specify the necessary personnel.

We do not renounce the executive mandate, a specificity of the mission

Are we going to review the executive mandate?

XBM - We do not renounce the executive mandate. We have no intention of renouncing what makes this mission special. Everyone agrees on this point. In terms of investigation, arrest, going to court, judgment, the Europeans keep control. By focusing on four topics in particular: the fight against organized crime, war crimes, corruption and witness protection.

So you also keep Formed Police Units (FPU). They are still useful?

XBM- Yes. It's necessary. We saw it clearly in January; for three weekends in a row, our FPU was engaged in the south, in support of the Kosovo police unit (NB: Tadic's visit to the monastery, then the demonstrations of the Vedense movement). It's the only slightly muscular stick I can use. It is also our only link with the military forces of KFOR. Admittedly, NATO has frozen the decline in its numbers. But until when…

The mission only has one FPU unit left though?

XBM- Apart from a few French and Italian troops, I only have one FPU available (NB: the Poles). We are really below the minimum. It is very short, in the North but also in the South of the country. There are a few ideas in the air (particularly in terms of funding, etc.). But I'm not expecting a miracle. The most beautiful girl can only give what she has.

(Comments collected by Nicolas Gros-Verheyde)

(*) In detail, 76 ongoing trials and 20 verdicts on war crimes, 68 ongoing trials and 31 verdicts on corruption, 27 ongoing trials and 15 verdicts on organized crime.