EU FORCES UN TO COMPOUND
ILLEGALITY OF KOSOVO STATE
Report by the German journalists of www.german-foreign-policy.com
translated by Edward Spalton & staff of Free Nations
Date of report 19.06.2008
PURE CHAOS
PRISTINA/ BELGRADE/ BERLIN (own report) After massive pressure from
Berlin the UN Security Council will discuss the reconstruction of the
UN administration in Kosovo on Friday 20 June. Some days ago the UN
General Secretary Ban Ki-Moon gave way to Western pressure and agreed
to the illegal step of the deployment of EULEX, the EU “Police
and Justice Mission in Kosovo”. EULEX will enable the secessionist
regime in Pristina to build up the authorities of an independent state
on Serbian territory. With its decision in favour of EULEX the United
Nations leadership has adopted further Western positions which are contrary
to international law. Leading UN officials hope to avoid their total
marginalization by ever-new compromises. In spite of the UN’s increasing
subjection, Berlin and Washington continue to discuss concepts which,
if realized, will reduce the UN to a fate similar to that of the League
of Nations in the Nineteen Thirties – total loss of significance.
The results of the controversy will bear hardest on the population of
southern Serbia. Commentators describe the confusion over the remaining
competences of lawful authorities in the face of illegally installed
institutions, enforced by the occupiers, as chaos itself.
WITHOUT FOUNDATION
On Friday the UN Security Council will discuss the reconstruction of
the UNO administration (UNMIK) in Kosovo (1). The background to this
is the insistence from Berlin and Brussels that UNMIK should be replaced
by EULEX (the EU Police and Justice Mission in Kosovo). EULEX is designed
to support the illegal regime in Kosovo and to build up the structures
of the police, court system and administration of an independent state
on Serbian territory. This will give Brussels de facto control over
the area in total contravention of any lawful basis.
WAVERING
UN Resolution 1244 is still formally in force. It authorizes the presence
of UNMIK in Kosovo and acknowledges that Kosovo is part of Serbian territory.
In spite of massive pressure by the Western powers, only 43 countries
have so far recognized the independence of Kosovo. Until now, UN Secretary-General
Ban had refused to withdraw UNMIK without a resolution by the Security
Council and to replace it with EULEX. However, Ban’s position
appears to be increasingly shaky.
SABOTAGE
Behind this lie serious derelictions of duty by the German head of
UNMIK, Joachim Ruecker, as well as unilateral measures by the EU. Ruecker,
whose duty as UN Administrator is to carry out UN decisions in accordance
with Resolution 1244, has not only approved the declaration of independence
by Kosovo although it is contrary to UN Resolution 1244. This German
politician from the Socialist Party did not oppose the adoption of the
constitution of an independent Kosovo on 9th April although that constitution
denied the legitimacy of UNMIK and, of its own claimed competence, handed
over important functions to EULEX. Since the supposed entry into force
of that constitution last Sunday, the Kosovo “President” Fatmir
Sejdiu said that UNMIK could only remain in Kosovo “for a limited
time” (2). Ruecker caved in without complaint to this public attack
on his official employers, which was in accordance with German policy.
His conduct has led to serious dissension in the UN Security Council
which will be aired on Friday. It is said in Pristina that Ruecker’s
resignation may be called for (3).
BOYCOTT
As UN Secretary-General Ban has made known, his attempt to give
force to international law in Kosovo has not only been sabotaged in
fact by his deputy in Pristina but by a boycott from the EU. According
to him, Brussels has informed the United Nations that it will withhold
its contribution for the UNMIK Department “Reconstruction and Economic
Development” from 1st July. This is the so-called “fourth
pillar” of UNMIK. According to Ban, this decision was taken without
consultation with UN Headquarters. It leaves UNMIK without the technical
capabilities and budget allocation to replace the experts financed by
the EU Commission (4). As the Kosovo regime has demanded, with the coming
into force of the fictitious constitution, that it should take over
the economic development of the area for itself, the Secretary General
sees no further possibility of continuing the former “fourth pillar”
of UNMIK. “Legislation (by the announced adoption of the Kosovo
“constitution”) with this decision removes the fourth pillar
of UNMIK and the capability of controlling these areas of decision”.
(5)
A LEGITIMISING PRECEDENT
In order to preserve some shred of credibility for the UN institutions
in Kosovo, in spite of the sabotage from Berlin and Brussels, the Secretary
General will tolerate EULEX but only “under the umbrella”
of UNMIK. He insists that he is seeking a solution which is “acceptable”
to all sides (6). If the developments of previous years are anything
to go by, its failure seems likely. Since the UN Security Council retrospectively
legitimized the unlawful attack on Yugoslavia with Resolution 1244,
the Western powers have undermined the UN step by step. In the meantime
the UN in Kosovo has been restricted in practice to giving way to demands
from Berlin and Washington with such sufficient seemly delay as to give
the appearance of international approval.
THE END OF THE UNITED NATIONS
Behind the rearguard action of the UN leadership are other considerations
of the Western powers, which are, in fact, aiming to end compromise
and negotiation on their global interests within the UN framework and
to replace them with totally unregulated power politics. Influential
forces in Berlin and Washington have the intention of establishing a
world-wide right of intervention in foreign states, which could be used
to take action against the ill-defined concept of “crimes against
humanity” and possibly in cases of natural catastrophe too. This
is called “Responsibility to Protect” (This is available on
Internet and has been quoted in the Houses of Parliament-Anne) or “R2P”
(7). Such a right could also be invoked without the need for a resolution
by the UN Security Council. A debate has flared up in the United States
over the establishments of international alliances for the use of force
to which are attributed similar powers and rights as to the UN itself
( See “League of Democracies” as reported by www.german-foreign-policy.com
(8)).. Only a few days ago the UN Secretary General tried yet again
to persuade the West of the usefulness of the United Nations. If there
was no cooperation to meet the “international challenges”
of terrorism and nuclear proliferation, “matters would escalate
to world-wide threats of irreversible dimensions”, said Ban in
London. He was there for discussions over developments in Kosovo.
UNMANAGEABLE
The international power struggle on which the future world order turns
will take place in the south Serbian province on the backs of the people
of Kosovo. Informed observers describe the confusion about the remaining
competences of legal authorities, arising from unlawfully established
institutions and occupiers of the most varied provenance, as pure chaos.
People with travel documents from the secessionist regime in Kosovo
will not be permitted to travel over Serbian territory to the EU. It
is unclear what will happen to a Kosovar who succeeds in getting to
Germany and travels on to Spain. Spain does not recognize the secession
of Kosovo or papers issued by the secessionist government. In previous
years refugees from Kosovo in Germany have experienced difficulty in
obtaining passports and identity documents, for which UNMIK was responsible
but did not have any representatives abroad. For example, it is not
apparent how the holder of a passport issued by the authorities in Pristina
could obtain a Russian visa, as Russia does not recognize the independence
of Kosovo. An inhabitant of Kosovo with Serbian papers could well obtain
a Russian visa but EULEX officials in Pristina – with no standing
in international law – would restrain him from crossing the frontier
of Kosovo.
A BREACH OF INTERNATIONAL LAW
The Western powers could achieve the resolution of these difficulties
by returning to the agreements in UN Resolution 1244 – or through
the global enforcement of illegality. The overwhelming majority of member
countries of the UN are opposed to the latter course.
Footnotes and Sources, mostly in German, are available on
www.german-foreign-policy.com
