International protectorate in Kosovo

1. International protectorate in Kosovo Political systems in South-Eastern Europe POL 268 Věra Stýskalíková

2. Albanians outside Albania Albania: 3,5 mil. Kosovo : around 2 million (80-90% of the population) Macedonia : ½ million (around 25 %) Montenegro: 40 880 Albanians (1991) Greece (300 000?), Italy (150 000?), Turkey (over million?), USA (250 000?)

3. Wars over Kosovo 1996–99: Guerrilla conflict between Albanian separatists and the Serbian and Yugoslav security forces, which Albanians characterised as a national liberation struggle against genocide and Serbs saw as terrorism. 1999: War between Yugoslavia and the North Atlantic Treaty Organisation between March 24 and June 101999, during which NATO heavily bombed Yugoslav targets, Albanian insurgents continued attacks, and Serbian/Yugoslav forces continued to fight Albanian insurgents, amidst a massive displacement of the population of Kosovo.

4. Kosovo after the War Security Council of the United Nations approved the Resolution 1244 as a main document dealing with the status of the autonomous province

5. Resolution 1244 Withdrawal of SCG forces Protectorate of the UN, de iure autonomous province of Serbia Demilitarizing the Kosovo Liberation Army (KLA) and other armed Kosovo Albanian groups. Main responsibilities of the international civil presence will include: Promoting the establishment, pending a final settlement, of substantial autonomy and self-government in Kosovo, taking full account of annex 2 and of the Rambouillet accords (S/1999/648);

6. 2 pillars of the mission: Military (KFOR) Civil (UNMIK)

7. KFOR The Kosovo Force (KFOR) is a NATO-led international force responsible for establishing and maintaining security in Kosovo. KFOR contingents are grouped into four multinational brigades. Although brigades are responsible for a specific area of operations, they all fall under a single chain of command under the authority of Commander KFOR.  KFOR troops come from 35 NATO and Non-NATO nations.

8. UNMIK Pillar I: Police and Justice, under the direct leadership of the United NationsPillar II: Civil Administration, under the direct leadership of the United NationsPillar III: Democratization and Institution Building, led by the Organization for Security and Co-operation in Europe (OSCE)Pillar IV: Reconstruction and Economic Development, led by the European Union (EU)

9. Metamorphosis of the UÇK Political pillar (provisionary government and the political party PPDK Military pillar (KPC – Kosovo Protection Corps) Police (KPS – Kosovo Police Service) Organized crime

10. Political pillar Hashim Thaçi founded the Party of the democratic progress of Kosovo (PPDK) later renamed Democratic party of Kosovo (PDK). The aim of the party is the independence of Kosovo. Since the war, Thaci has served as the prime minister of the KLA's self-styled provisional government.

11. Military pillar Kosovo Protection Corps – (KPC) - Trupat Mbrojtëse Të Kosovës (TMK) - was officially constituted upon the inauguration of 46 key leaders on 21 January 2000. The ceremony transformed the former Kosovo Liberation Army (KLA) into a civilian agency charged with providing emergency response and reconstruction services to Kosovo. Modeled on the French Sécurité Civile, the KPC consists of an active corps of 3,000 members and an auxiliary branch of 2,000. Ten percent of its members are to be from minority communities. The KPC's mission is to protect the Kosovo population against any natural or man-made disasters and to assist in the rebuilding of Kosovo through work on public utilities and social projects. Its personnel and activities are paid for with voluntary contributions from UN Member States, among which firm pledges have been received from the United States, the United Kingdom, France and the European Commission. The KPC's budget for the year 2000, about DM 20 million, covers operational, training and equipment costs.

12. Police The UNMIK police operation is significantly different from previous United Nations civilian police missions.  Its major task is not monitoring like before. The UNMIK police is a law enforcement unit, and it is the only law enforcement unit in Kosovo. The Security Council (resolution 1244 of 10 June 1999) has tasked UNMIK with two strategically goals: 1.To provide temporary law enforcement, 2.To establish and develop a professional, impartial and independent local police, called Kosovo Police Service (KPS). The mission for international police should be considered completed when the local police is  able to enforce law and order according to international standards.

13. Organized crime Albanians are acting as intermediaries for Colombian OC groups engaged in international cocaine smuggling and also assist the Sicilian Mafia in the export of marijuana from Italy to the Netherlands, Russia and other countries.[4] In 1997 Interpol stated that Kosovar Albanians held the largest share of the heroin market in Switzerland, Norway, Belgium, Germany, Hungary, and Sweden. It is estimated that Albanian gangs working with Turkish traffickers control roughly 70 percent of the heroin market in Germany and Switzerland.[5] A recent intelligence report by Germany’s Federal Criminal Agency claims that ethnic Albanians are currently the most prominent group in the distribution of heroin in Western consumer countries. They have become increasingly active in the illegal transport of people, arms and drugs. Dangerous but very lucrative, the practice of human trafficking has proven especially difficult for Italian authorities to confront [1]. A concerted police raid on Soho brothels in February 2001 revealed that 80 percent of women working as prostitutes were from overseas, mostly from the Balkans and Baltic states. According to the National Criminal Intelligence Service, Albanian women are also being moved to red light areas in the north of England and the Midlands. Nearly a decade ago it was predicted that the Russian Mafia would seek to exert influence over the British vice trade but instead it is Albanian gangs that have taken control. [8]

14. CONSTITUTIONAL FRAMEWORK FOR PROVISIONAL SELF-GOVERNMENTUNMIK/REG/2001/9 - 15 May 2001 UNMIK endeavoured for the name „ Legal framework“ Albanians asked for the „Constitution“ Compromise was reached under the name „Constitutional framework“. The referenda clause about the independence of Kosovo was rejected by the international community

15. Provisional Institutions of Selfgovernment set in the Constitutional Framework Assembly President Government Legal system

16. Assembly The Assembly shall have 120 members elected by secret ballot. Kosovo shall, for the purposes of election of the Assembly, be considered a single, multi-member electoral district. (a) One hundred (100) of 120 seats of the Assembly shall be distributed amongst all parties, coalitions, citizens' initiatives, and independent candidates in proportion to the number of valid votes received by them in the election to the Assembly. (b) Twenty (20) of the 120 seats shall be reserved for the additional representation of non-Albanian Kosovo Communities as follows: (i) Ten (10) seats shall be allocated to parties, coalitions, citizens' initiatives and independent candidates having declared themselves representing the Kosovo Serb Community. These seats shall be distributed to such parties, coalitions, citizens' initiatives and independent candidates in proportion to the number of valid votes received by them in the election to the Assembly; and (ii) Ten (10) seats shall be allocated to other Communities as follows: the Roma, Ashkali and Egyptian Communities four (4), the Bosniak Community three (3), the Turkish Community two (2) and the Gorani Community one (1). The seats for each such Community or group of Communities shall be distributed to parties, coalitions, citizens' initiatives and independent candidates having declared themselves representing each such Community in proportion to the number of valid votes received by them in the election to the Assembly.

17. The President of Kosovo is elected by the Assembly of Kosovo(The first post-war president, who served until his death in January of 2006, was Ibrahim Rugova. His successor is Fatmir Sejdiu.) .2.1 The President of Kosovo shall represent the unity of the people and guarantee the democratic functioning of the Provisional Institutions of Self-Government. 9.2.2 The President of Kosovo shall, in coordination with the SRSG, represent Kosovo and exercise his rights and duties in accordance with the provisions of this Constitutional Framework and the applicable law. 9.2.3 The mandate of the President of Kosovo shall be three years. 9.2.4 The President of Kosovo shall exercise the following duties in accordance with this Constitutional Framework and the applicable law: (a) In coordination with the SRSG, take action in the field of external relations; (b) Following consultations with the political parties represented in the Assembly, propose to the Assembly the Prime Minister; (c) Communicate to the SRSG a request of the Assembly to dissolve the Assembly, in accordance with paragraph 8.1(b); (d) Present a report to the Assembly on the general state of affairs in Kosovo at least once a year; and (e) Present awards and express gratitude.

18. Government 9.3.1 The Government shall exercise the executive authority and shall implement Assembly laws and other laws within the scope of responsibilities of the Provisional Institutions of Self-Government established by this Constitutional Framework. 9.3.2 The Government may propose draft laws to the Assembly at its own initiative and shall do so at the request of the Assembly. . Composition of the Government 9.3.4 The Government shall consist of the Prime Minister and Ministers. 9.3.5 At all times, at least two Ministers shall be from Communities other than the Community having a majority representation in the Assembly. (a) At least one of these Ministers shall be from the Kosovo Serb Community and one from another Community. (b) In the event that there are more than twelve Ministers, a third Minister shall be from a non-majority Community. (c)

19. Legal system Judges and Prosecutors 9.4.6 Judges shall be independent and impartial. They shall not hold any other public office. 9.4.7 Judges of all courts of Kosovo shall be distinguished jurists of the highest moral character, with adequate qualifications. The membership of the judiciary shall reflect the diversity of the people of Kosovo.International judges and prosecutors shall serve within the judicial system according to rules established by the The Special Representative of the Secretary-General (SRSG). 9.4.8 Judges and Prosecutors shall be appointed by the SRSG from lists of candidates proposed by the Kosovo Judicial and Prosecutorial Council and endorsed by the Assembly. Decisions on the promotion, transfer and dismissal of judges and prosecutors shall be taken by the SRSG on the basis of recommendations by the Kosovo Judicial and Prosecutorial Council and exceptionally on his own initiative.

20. The Special Representative of the Secretary-General (SRSG) Powers and Responsibilities Reserved to the SRSG 8.1 The powers and responsibilities of the Provisional Institutions of Self-Government shall not include certain reserved powers and responsibilities, which will remain exclusively in the hands of the SRSG. These reserved powers shall include: (a) Full authority to ensure that the rights and interests of Communities are fully protected; (b) Dissolving the assembly and calling for new elections in circumstances where the Provisional Institutions of Self-Government are deemed to act in a manner which is not in conformity with UNSCR 1244(1999), or in the exercise of the SRSG's responsibilities under that Resolution. The SRSG shall exercise this power after consultation with the President of Kosovo. The Assembly may, by a decision supported by two-thirds of its members, request the SRSG to dissolve the Assembly. Such a request shall be communicated to the SRSG by the President of Kosovo; (c) Final authority to set the financial and policy parameters for, and to approve, the Kosovo Consolidated Budget, acting on the advice of the Economic and Fiscal Council; (d) Monetary policy; (e) Establishing arrangements for the independent external audit of the Kosovo Consolidated Budget; (f) Exercising control and authority over the UNMIK Customs Service; (g) Exercising final authority regarding the appointment, removal from office and disciplining of judges and prosecutors; (h) Deciding upon requests regarding the assignment of international judges and prosecutors, as well as change of venue, in accordance with the relevant UNMIK legislation in force; (i) Exercising powers and responsibilities of an international nature in the legal field; (j) Exercising authority over law enforcement institutions and the correctional service, both of which include and are supported by local staff; (k) Exercising control and authority over the Kosovo Protection Corps; (l) Exercising control and authority over the management of the administration and financing of civil security and emergency preparedness. Responsibility shall be gradually assumed by the Provisional Institutions of Self-Government; (m) Concluding agreements with states and international organizations in all matters within the scope of UNSCR 1244 (1999); (n) Overseeing the fulfilment of commitments in international agreements entered into on behalf of UNMIK; (o) External relations, including with states and international organisations, as may be necessary for the implementation of his mandate. In exercising his responsibilities for external relations, the SRSG will consult and co-operate with the Provisional Institutions of Self-Government with respect to matters of concern to the institutions; (p) Control over cross-border/boundary transit of goods (including animals). The Provisional Institutions of Self-Government shall co-operate in this regard; (q) Authority to administer public, state and socially-owned property in accordance with the relevant UNMIK legislation in force, in cooperation with the Provisional Institutions of Self-Government; (r) Regulation of public and socially-owned enterprises after having consulted the Economic and Fiscal Council and the Provisional Institutions of Self-Government; (s) Administrative control and authority over railways, frequency management and civil aviation functions. Certain administrative functions shall be carried out by the Provisional Institutions of Self-Government and the relevant independent regulatory bodies; (t) Control and authority over the Housing and Property Directorate, including the Housing Claims Commission; (u) Defining the jurisdiction and competence for the resolution of commercial property disputes; (v) Preserving the existing boundaries of municipalities; (w) Responsibility to ensure that the system of local municipal administration functions effectively based on internationally recognized and accepted principles; (x) Appointing the members of the Economic and Fiscal Council, the Governing Board of the Banking and Payments Authority of Kosovo, the chief executives of the Customs Service and Tax Inspectorate, and the Auditor General; convening and presiding over the Economic and Fiscal Council; (y) Appointing international experts to the managing boards or commissions of the public broadcaster, the independent media regulatory body and other institutions involved in regulating the mass media, with the proviso that the number of such SRSG nominations will not constitute the majority of any such managing board or commission; (z) Control and authority over the civil registry database, which shall be maintained in cooperation with the Provisional Institutions of Self-Government.

21. Political parties Kosovo currently has a large number of political parties and movements. The October 2004 parliamentary elections were contested by 15 different political parties, 1 alliance (of 6 parties) and 1 coalition (of 2 parties). The majority of them tend to be personality-based, lacking formal structure, internal democracy or the capacity to generate distinct ideas and policies. To the extent that they have clear political aims, their shared objective is overwhelmingly to achieve independence for Kosovo. Many of the smaller parties in Kosovo represent particular minority ethnic groups, such as Serbs, Turks, Roma and Ashkali. The smaller Albanian parties are often distinguished by a hard line stance on the Albanian national question including unification of Kosovo with Albania.

22. Democratic League of Kosovo(LDK) For most of the 1990s, the party enjoyed a near monopoly of support amongst Kosovo Albanians. Virtually all Kosovar Albanian resistance to Belgrade was channelled through the LDK and its leader Dr. Ibrahim Rugova. In unofficial elections held in 1992 and 1998 Rugova was elected ‘President of the Republic of Kosovo’ and the LDK won a majority of the seats in the unofficial ‘Kosovo Assembly’ with over 80% of the vote on a platform of non-co-operation with Belgrade. After the initial wave of enthusiasm for the LDK, its popularity began to wane somewhat in the mid-1990s both for its tendency to monopolise power and because of its failure to gain recognition internationally. Many Albanians began to advocate violent solutions to Kosovo’s problems. However, the party’s reputation among ordinary Kosovars remained positive. The LDK emerged as the largest party in the 2001 parliamentary elections, winning 47 of the 120 seats in the new parliament and ensuring both its leading role in government and Rugova’s election as president of Kosovo. This performance was repeated in the elections of 2004 when the LDK again took 47 seats. In line with the constitutional framework, Rugova stepped down as head of the party a few months after the election.

23. People’s Democratic Party of Kosovo(PPDK) The party held its first convention in May 2000, electing Thaqi party president and shortening its name to the Democratic Party of Kosovo (PDK). Support for the party came mainly from those that rallied behind the KLA during the conflict. Although the PDK emerged second overall in the parliamentary elections of 2001 with 26 seats, the LDK welcomed the PDK into government and allowed the party to choose a Prime Minister from among its own ranks. Bajram Rexhepi was duly chosen for the job, with Hashim Thaci agreeing to remain party leader, exerting significant influence behind the scenes. Although the PDK increased its representation to 30 seats in parliament in the 2004 elections, on this occasion the PDK was excluded from the new LDK-led government.

24. Alliance for the Future of Kosovo (AAK) In May 2000 a third political force appeared on Kosovo’s political scene, the Alliance for the Future of Kosovo (AAK). Launched as a vehicle for the former KLA and KPC commander Ramush Haradinaj, the party was originally set up as a coalition comprising six small parties. With the departure of some of the founder members, however, including the nationalist the LPK and the LKCK, the remainder chose to coalesce into a single unified party. Although the AAK’s support base is concentrated in Haradinaj’s home district of Dukagjini, the party commanded enough support to win 8 seats in the 2001 parliamentary elections. This was sufficient to be invited into a grand coalition government in partnership with the LDK and PDK. An improved performance in the 2004 elections (to 9 seats) allowed the AAK not only to re-enter government with the LDK but also to demand the position of Prime Minister in return for its support. Haradinaj was duly appointed in November 2004, a position he held for 100 days until he was summoned to The Hague to face charges of war crimes relating to the 1999 conflict. The Prime Ministerial portfolio passed to another AAK deputy, Bajram Kosumi.

25. Ora A few months before the parliamentary elections of 2004, the owner of the Koha Ditore media group and one of Kosovo’s richest men, Veton Surroi, suddenly announced that he was forming a new political party called Ora (The Hour). Focused on economic and social change as much as independence for Kosovo, and comprised of primarily businessmen and intellectual Ora succeeded in winning 7 seats to the Kosovo assembly.

26. Ethnic Serb parties For a population estimated at between just 100-200,000, there is a multitude of different Kosovo-Serb parties in Kosovo, the majority of which are based in Belgrade. Under the terms of the constitutional framework, 10 seats in parliament are reserved for Kosovo-Serb parties, with the number of extra seats dependent upon their share of the vote. In accordance with these rules, Kosovo-Serb parties took 22 seats in the parliament following the November 2001 election. After a widespread Kosovo-Serb boycott of the 2004 election, Serb representation in parliament fell to just the 10 reserved seats as only two Kosovo-Serb parties stood. Two seats went to Slavisa Petkovic’s Serbian Citizens’ Initiative (GIS) and eight to the Serbian List for Kosovo and Metohija (SLKM) a coalition headed by Oliver Ivanovic, although at present the SLKM have refused to take up the seats on offer in the immediate aftermath of the election.

27. Presidency The President of Kosovo is elected by the Assembly of Kosovo. The first post-war president, who served until his death in January of 2006, was Ibrahim Rugova. His successor is Fatmir Sejdiu.

28. Final Kosovo status In October 2005, the UN Security Council authorised the Secretary-General to appoint a special envoy, former Finnish President Martti Ahtisaari, to start a political process to determine Kosovo’s future status. The Council also indicated that this process would likely lead to either considerable autonomy or independence for a region whose political future has essentially been in limbo since the end of the NATO bombing campaign in 1999. Talks then began on 20 February 2006, in Vienna.

29. Contact Group Guiding Principles November 2005 The Contact Group Guiding Principles of November 2005 make clear that there should be: no return of Kosovo to the pre-1999 situation, no partition of Kosovo, and no union of Kosovo with any or part of another country. Ministers re-state the international community’s willingness to establish, for an interim period after a settlement, appropriate international civilian and military structures to help ensure compliance with the settlement’s provisions. Day-to-day governance , which must be conducted on a multi-ethnic basis, should rest with Kosovo’s duly-elected representatives. Ministers recall NATO's continuing commitment to maintain a safe and secure environment through KFOR. .

30. Conflict in Southeastern Serbia – Preševo, Bujanovac, Medvedja Under the Framework of Military Technical Agreement signed in 1999 was formed the Ground Safety Zone. This was supposed to be 5 km demilitarized zone along the serbian-kosovo border. This zone was supposed to separate the warring parties. Ex-warriors from UCK flew to this zone and set up UÇPMB (National Liberation Army of Preševo, MEdvedja and Bujanovac). The Milošević regime fell in October 2000 and the international community lost interest to support the Albanians. The general secretary of NATO Georg Robertson elaborated a plan in November 2000 and gave the zone back to the democratic government of Serbia in April 2001. The Serbian forces came back to the region. UCPMB promised to demilitarize and dissolve, many of the fighters returned to Kosovo or went to Macedonia.

31. Tne only Albanians accused of CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR (6.11.2003 and 4.3.2005) Ramush Haradinajwas a commander in the Ushtria Çlirimtare e Kosovës (UÇK), otherwise known as the Kosovo Liberation Army (KLA). In this position, Ramush Haradinaj had overall command of the KLA forces in one of the KLA operational zones, called Dukagjin, in the western part of Kosovo bordering upon Albania and Montenegro. He was one of the most senior KLA leaders in Kosovo. Idriz Balaj (also known as "Toger/Togeri" or "Lieutenant") At all times relevant to this indictment Idriz Balaj was a member of the Kosovo Liberation Army and acted as the commander of the special unit known as "The Black Eagles". The Special Unit known as the "Black Eagles" was created as a Rapid Intervention Special Unit on the orders of Commander Ramush Haradinaj. Idriz Balaj was appointed as its Commander. In 1999, after the cessation of hostilities, Idriz Balaj joined the Kosovo Protection Corps, and held the rank of Major. He is presently in custody in Kosovo serving a 15 year sentence for murder, having been convicted in 2002. Lahi Brahimaj, (also known as "Maxhup" or "Gipsy") was born on 26 January 1970 in Jablanica/Jabllanicë, Municipality of Djakovica/Gjakovë in Kosovo. He is a close relative of Ramush Haradinaj. At all times relevant to this indictment Lahi Brahimaj was a member of the Kosovo Liberation Army and acted as the Deputy Commander of The Dukagjin Operative Staff or as the Dukagjin zone contact person to the KLA General Staff. Lahi Brahimaj currently is a high ranking officer in the Kosovo Protection Corps. Fatmir LIMAJ, aka Çeliku,was born on 4 February 1971 in Banja, then in the municipality of Suva Reka in the autonomous province of Kosovo ("Kosovo"). At all times relevant to this indictment, Fatmir LIMAJ was a commander in the Ushtria Çlirimtare e Kosovës (UÇK), known in English as the Kosovo Liberation Army (hereinafter the "KLA"). In this position, Fatmir LIMAJ was responsible for the operation of the Lapusnik/Llapushnik area and the Lapusnik/Llapushnik Prison Camp of the KLA (hereinafter "Lapusnik/Llapushnik Prison Camp"), located in the municipality of Glogovac/Gllogoc in Kosovo. Isak MUSLIU, aka Qerqiz,was born on 31 October 1970 in Racak/Reçak in the municipality of Stimlje/Shtime in Kosovo. At all times relevant to this indictment, Isak MUSLIU was a member of the KLA and a commander of the Lapusnik/Llapushnik area and the Lapusnik/Llapushnik Prison Camp, and at times acted as a guard at the Lapusnik/Llapushnik Prison Camp. Haradin BALA, aka Shala,. At all times relevant to this indictment, Haradin BALA was a member of the KLA and a commander/guard at the Lapusnik/Llapushnik Prison Camp.