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11. Kosovo: Breaking the Deadlock

Author:
Daniel Serwer
Publication Date:
09-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Kosovo was left at the end of the NATO/Yugoslavia war in 1999 in limbo. It is still there, despite Security Council Resolution 1244, which foresaw a process for deciding its status. That process has occurred, but because of a threatened Russian veto, the Security Council failed to approve the plan prepared under the leadership of former Finnish President Marti Ahtisaari, which provides for Kosovo's independence under international supervision with extensive protection for its Serb population. The UN Secretary General invited the Contact Group—France, Germany, Italy, Russia, the UK and the U.S.—to pursue further, direct negotiations between Pristina and Belgrade, but with little prospect of movement on either side. Belgrade continues to insist on maintenance of its sovereignty over Kosovo, and Pristina continues to insist on independence. On December 10, the Contact Group will report to the UN Secretary General, who in turn will report to the Security Council (UNSC). A small group of experts with long Balkans experience met at USIP September 5 to discuss the situation and suggest ways forward. Others (consulted electronically) join in associating their names with this paper. Listed at the end, all believe that Kosovo's independence must happen without further delay, in order to prevent regional instability. This USIPeace Briefing does not reflect the views of the United States Institute of Peace, which does not take positions on policy issues.
Topic:
Conflict Prevention, Political Economy, and War
Political Geography:
Russia, United States, Europe, France, Kosovo, Germany, and Balkans

12. No Stable Kosovo Without a Solution for Mitrovica

Author:
Yll Bajraktari and Christina Parajon
Publication Date:
07-2006
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Seven years after the Yugoslav/NATO war, the northern Kosovo city of Mitrovica remains divided along the Ibar River, which splits the city between the northern side, a predominantly Serb populated area, and the southern side, an Albanian populated area. Due to a lack of support from the international community, the UN Mission in Kosovo (UNMIK) has been unable to reintegrate the city or exert its authority in the north, which is governed by Belgrade. Although partition of Kosovo has been ruled out by the international community, the reality of ethnic division at Mitrovica casts a shadow on the Kosovo final status talks currently under way.
Topic:
Conflict Prevention, NATO, and War
Political Geography:
America, Eastern Europe, and Kosovo

13. 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

14. 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