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141. The Impact of Spoilers on Peace Processes and Peacebuilding

Author:
Edward Newman and Oliver Richmond
Publication Date:
01-2006
Content Type:
Policy Brief
Institution:
United Nations University
Abstract:
Many ceasefires and peace agreements in civil wars are initially unsuccessful and give way to renewed violence. In other cases, peace processes have become interminably protracted: lengthy and circular negotiations in which concessions are rare and even if agreements are reached they falter at the implementation phase. State-building and peacebuilding processes are also often subject to outbreaks of violence, as recent experience in Afghanistan, Haiti, Iraq, Kosovo and East Timor illustrate. Given the huge material and human costs of a failed peace process, the consolidation of conflict settlement and dealing with threats to peacebuilding are critical challenges for the international community. After a history of painful experience in cases such as Angola and Bosnia, the importance of this was finally addressed in December 2005 by the UN Security Council in Resolution 1645 which calls for the creation of a UN Peacebuilding Commission. Th is new organ is expected to improve coordination amongst, and effectiveness of, all agencies involved in peacebuilding, peacekeeping, disarmament and demobilization, development, human rights issues, and the administration of former conflict zones.
Topic:
Conflict Resolution, Security, Peace Studies, and Treaties and Agreements
Political Geography:
Afghanistan and Kosovo

142. Temporary Courts, Permanent Records

Author:
Trudy Huskamp Peterson
Publication Date:
08-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Temporary international criminal courts create voluminous records of tremendous and lasting significance to victims, scholars, and legal practitioners, and arrangements must be made for their permanent protection, storage, and use. A conceptual framework is offered for creating a central international judicial archives under UN auspices and for standards to select, preserve, and manage the records of temporary international criminal courts. The closure of these courts makes a decision on the disposition of their records urgent: the Timor Leste Special Panels and Serious Crimes Unit closed in May 2005; the status talks on Kosovo are currently under way; the Sierra Leone court is to close in mid-2007; and the ICTY and ICTR are to complete all proceedings by 2010. A survey of the five courts reveals substantial differences among them because of the varied roles played by the United Nations in their establishment and operations. These differences in turn lead to differences in the potential disposition of the records. When the ICTY and ICTR close, their records will become the responsibility of the United Nations Archives and Records Management Section. The legal responsibility for the Sierra Leone court records is to be negotiated between the United Nations and the government of Sierra Leone. The management of the copies of the East Timor records held by the United Nations is controlled by an agreement between that government and the United Nations. The records of the UN mission in Kosovo relating to the Kosovo internationalized courts will be divided among the government and the three organizations currently comprising the UN mission. Records of the tribunals are key research resources for victims, civic activists, academics, journalists, educators, and successors to current court officials. Potential users of the tribunal records urge officials to place the records where research will be fostered. Preservation requires active intervention to ensure that records can be used; if records are simply stored they will deteriorate, and electronic and audiovisual records will deteriorate irretrievably The ICTY, ICTR, and the Special Court for Sierra Leone must establish basic access rules for their records before closing; they should make every attempt to harmonize their access provisions. The United Nations should explore constructing and staffing an international judicial archives in The Hague and should begin providing copies of publicly available court records to institutions in the countries affected by the court proceedings. Governments and donors should actively encourage and support the United Nations in these efforts.
Topic:
Crime, Government, International Law, and United Nations
Political Geography:
Kosovo and Sierra Leone

143. Kosovo: Ethnic Nationalism at Its Territorial Worst

Author:
Daniel Serwer and Yll Bajraktari
Publication Date:
08-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The international community\'s military and financial investments in the Balkans over the past fifteen years have led to substantial improvements in most of the territories of the former Yugoslavia. This progress will be put at risk if talks on Kosovo\'s status lead to de facto ethnoterritorial separation, with Serbs governed on their own territory by Belgrade without reference to Pristina. Partition, or something approaching it, could trigger another wave of violence, mass displacement of civilians, and instability in multiethnic states of the region. The international community has failed so far to reintegrate Serbs into Kosovo. Freedom of movement is insufficient, Serbs returning to their homes in Albanian-majority areas are minimal, Kosovo\'s governing institutions lack Serb representation, and Belgrade has tightened its grip on Serbs living in the north and in enclaves elsewhere. Serbia aims to govern the Serbs of Kosovo directly from Belgrade on clearly defined territory and without reference to Pristina. This is precisely the kind of ethnoterritorial separation that will cause trouble throughout the region. The Kosovo Albanian leadership has failed to improve the living conditions of Serbs living in Albanian-majority areas. Hardliners among Kosovo Albanians would also like to see ethnoterritorial separation, as it would offer them a chance to expel the remaining Kosovo Serbs south of the Ibar River and rid themselves of a “Trojan horse.” If the status talks lead to ethnoterritorial separation in Kosovo, serious instability could affect southern Serbia (Presevo Valley), western Macedonia, and Bosnia.
Topic:
International Relations, Ethnic Conflict, and Nationalism
Political Geography:
Eastern Europe, Kosovo, Yugoslavia, Serbia, Balkans, and Albania

144. CERI: "Shadow States"? State building and national invention under external constraint in Kosovo and East Timor (1974-2002)

Author:
Raphaël Pouyé
Publication Date:
02-2005
Content Type:
Working Paper
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
Kosovo and East Timor have often been jointly considered for their common experience of new 'international protectorate'. These two territories were 'liberated' in 1999 by multilateral interventions' and thereafter ruled by United Nations transitional administrations. This feature is at the core of nearly all comparative exercises about the two territories to this day. However, another less obvious set of resemblances calls for renewed attention: it was indicated by the post-liberation resilience of indigenous institutions that had emerged during the 20 to 25 years of resistance. From this initial observation, I spent months in the field between 2000 and 2003 and uncovered a wider array of similarities. Three main parallels appeared. In both, the clandestine resistance networks, described here as 'crypto-states' have directed their strategic choices on the resort to violence according to perceived international opinion, while remaining a hybrid association of anti-state kinship groups and 'modern' urban elites, with the result of producing a dual discourse on nationhood: exclusive and militant on the one hand, inclusive and 'liberal' on the other.
Topic:
International Relations, Development, Politics, and United Nations
Political Geography:
Eastern Europe and Kosovo

145. Ways Forward for Conflict Prevention and Development in GPKT

Author:
Andrew Sherriff
Publication Date:
07-2005
Content Type:
Policy Brief
Institution:
EastWest Institute
Abstract:
Violent conflict primarily between ethnic Albanian armed groups and Serbian and Macedonian security forces has been a feature of the recent history of Kosovo, southern Serbia and fYR Macedonia and also the municipalities of Gjilan/Gnjilane, Kumanovo and Presevo. Violent conflict has also indirectly affected the municipality of Trgoviste.
Topic:
Conflict Prevention, Security, and Regional Cooperation
Political Geography:
Kosovo, Balkans, Macedonia, and Albania

146. Local Government Gender Mechanisms in the GPKT Micro-region

Author:
Kristina Hadzi-Vasileva
Publication Date:
07-2005
Content Type:
Policy Brief
Institution:
EastWest Institute
Abstract:
The areas constituting the GPKT micro-region (fYR Macedonia,1 Serbia and Kosovo) belong to some of the least developed countries in Europe. Transition to market economies has been delayed because of armed conflicts, exclusion from the international community during periods of conflict, as well as the slow process of privatization (in the case of fYR Macedonia and Serbia). Despite the fact they once used to be a part of a single country, the current connection between these areas is unfortunately their characterization of political instability and weak institutions, problems compounded by the common struggle to transform their respective economies.
Topic:
Economics, Gender Issues, and Government
Political Geography:
Europe, Kosovo, Serbia, and Macedonia

147. Border Management in the Kosovo-Southern Serbia-fYR Macedonia Vortex: a Local Perspective

Author:
Henry Bolton
Publication Date:
03-2005
Content Type:
Policy Brief
Institution:
EastWest Institute
Abstract:
The impositions of firstly, the international border between the fYR Macedonia and Yugoslavia in 1992, and secondly the conversion of Kosovo's Administrative Boundary Line (the ABL), between the province of Kosovo and the Republic of Serbia, into a de-facto border in 1999, have had significant impacts on the social and economic lives of the predominantly ethnic Albanian border communities of Kosovo, Serbia and fYR Macedonia within the GPKT (Gjilan/Gnjilane-Presevo-Kumanovo-Trgoviste) micro-region. The situation in the past, whereby the people of the micro-region could travel and interact freely, whether socially or commercially, has changed. Now people wishing to cross from one side of the GPKT micro-region to another, say Gjilan/Gnjiilane to Kumanovo, must cross what are, in effect, two policed and guarded borders, complete with passport checks and customs inspections.
Topic:
International Relations, Economics, and Government
Political Geography:
Eastern Europe, Kosovo, Yugoslavia, and Macedonia

148. Observations on Local Insurgents and Foreign Fighters in Iraq: an Interview with Mark Edmond Clark

Author:
Mark E. Clark
Publication Date:
05-2005
Content Type:
Working Paper
Institution:
Columbia International Affairs Online
Abstract:
CIAO: There has been considerable discussion lately among analysts of U.S. foreign policy on the insurgency in Iraq. Although you have not dealt with the local insurgents or foreign fighters operating in Iraq, previously you managed to observe up close the preparations made by Serbian nationalist groups in Republika Srpska, Bosnia and Herzegovina, and by Yugoslav military, security services, and Serbian nationalist paramilitary groups in the Kosovo-Metohija province of Serbia for long-term insurgencies against the U.S. and NATO. Using that expertise, and your knowledge of events in Iraq, could you share some thoughts on the insurgency in Iraq?
Topic:
War
Political Geography:
United States, Iraq, Bosnia, Herzegovina, Middle East, Arabia, Kosovo, and Serbia

149. The question of Serbia

Author:
Judy Batt
Publication Date:
08-2005
Content Type:
Working Paper
Institution:
European Union Institute for Security Studies
Abstract:
Five years after the fall of Slobodan Milosevic, it is still not clear where Serbia is heading. Indeed, it is not yet clear what, or even where Serbia is. Serbia is not a state with international legal personality, but a constituent republic of the State Union of Serbia and Montenegro. Although the Republic of Serbia functions in most respects as a de facto independent state, its foreign policy and defence are in the hands of ministers of the State Union. In practice, both mainly speak for Serbia because Montenegro has established its own Foreign Minister. The republics use different currencies and their economies do not form a single market – customs controls are maintained at the mutual border. The State Union is barely functional and could dissolve if Montenegro votes for independence, which may happen in 2006.
Topic:
International Relations and Politics
Political Geography:
Eastern Europe, Kosovo, and Serbia

150. Montenegro's Referendum

Publication Date:
10-2005
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Although there are some shoals still to be navigated, the narrow pro-independence victory in Montenegro's 21 May 2006 referendum should, on balance, increase rather than diminish stability in the western Balkans. It is in the interest of the European Union (EU), now that its previous policy of keeping Serbia and Montenegro together has run its course, to welcome the new state and speed its accession to international institutions. Podgorica still faces significant challenges associated with transition, but none should affect regional stability, and all can be resolved as the country moves forward with the Stabilisation and Association process towards EU membership. Given the positive international response to the referendum, Montenegro can aspire to becoming a “boring” country moving toward integration with Europe. But its opposition, and Belgrade, need to be persuaded not to renege on their commitments to the EU to accept the referendum result, lest this generate new uncertainties in the region as a Kosovo status decision approaches.
Topic:
Conflict Resolution, International Relations, and Peace Studies
Political Geography:
Europe, Caucasus, Kosovo, Serbia, and Balkans