EU ignores key parts of resolution 1244 in its legal basis for EULEX mission
In its “Joint Action” document, which outlines a legal basis for the sending of the ESDP mission to Kosovo – dubbed “EULEX” -- the European Union has referred to a “rump” version of the UN Security Council Resolution 1244, and has dropped and ignored the key parts of the Paragraph 10 of the resolution related to the “substantial autonomy” of Kosovo.
(KosovoCompromise Staff) Monday, February 11, 2008
In the document, the EU calls on Paragraph 10 of 1244, but only on the first part of the paragraph, which says: "Authorises the Secretary‑General, with the assistance of relevant international organisations, to establish an international civil presence in Kosovo ..."
The EU has, however, dropped the second, key part of the paragraph which says:
"... in order to provide an interim administration for Kosovo under which the people of Kosovo can enjoy substantial autonomy within the Federal Republic of Yugoslavia (note: nowadays, Serbia as successor state to FRY and Serbia-Montenegro in 2006), and which will provide transitional administration while establishing and overseeing the development of provisional democratic self-governing institutions to ensure conditions for a peaceful and normal life for all inhabitants of Kosovo".
The attempts to make "creative" or "selective" interpretations of the UN Security Council resolution 1244 have been noted as completely unacceptable from the point of view of Belgrade and Moscow, while Cyprus expressed its opposition by abstaining from formal support to the EU decision.
Cyprus and Russia have said that the UN Secretary-General Ban Ki-Moon would not give a green light the EU mission.
The EU has, however, referred to Ban in its legal basis by saying that "the United Nations Secretary‑General also noted the readiness of the EU to play an enhanced role in Kosovo, as reflected in the conclusions of the Brussels European Council on 14 December".
