Time for eULeX To prioriTize war crimes - Amnesty International ...

Kosovo: Time for EULEX to prioritize war crimes 15
6. EULEX : THE EUROPEAN UNION
RULE OF LAW MISSION IN KOSOVO
EULEX was established on 4 February 2008 under joint action 2008/124/CFSP, mandated
until14 June 2010. 42 Prior to EULEX’s deployment, on 10 April 2006 the Council of the
European Union had established an EU Planning Team (EUPT Kosovo) for the establishment
of a possible EU crisis management operation in Kosovo in the field of rule of law and
possible other areas. This was approved by the Council on 11 December 2006, and operated
in Kosovo up until the EULEX mission took over. 43
The joint action, at paragraph 7, invited the General Affairs and External Relations Council
“to determine the modalities for the mission and when to launch it”, and the Secretary-
General/High Representative of the European Council was requested to prepare the mission
in discussion with the authorities in Kosovo and the (UN).
The mission was authorized by the UN Security Council, including to “assume
responsibilities in the areas of policing, justice and customs, under the overall authority of
the United Nations, under a United Nations umbrella headed by [. . .] [the Special
Representative of the Secretary-General], and in accordance with resolution 1244 (1999).” 44
EULEX was deployed in December 2008, and reached full operational capability in April
2009. On 8 June 2010 the European Council adopted a decision extending EULEX’s
mandate for a period of two years until 14 June 2012. 45
EULEX’s main responsibilities were set out in Article 2 of the Mission statement:
“EULEX KOSOVO shall assist the Kosovo institutions, judicial authorities and law enforcement agencies in
their progress towards sustainability and accountability and in further developing and strengthening an
independent multi-ethnic justice system and multi-ethnic police and customs service, ensuring that these
institutions are free from political interference and adhering to internationally recognised standards and
European best practices”,
EULEX’s tasks, as stated in Article 3, included to: “(d) ensure that cases of war crimes [emphasis added],
terrorism, organised crime, corruption, inter-ethnic crimes, financial/economic crimes and other serious
crimes are properly investigated, prosecuted, adjudicated and enforced, according to the applicable law,
including, where appropriate, by international investigators, prosecutors and judges jointly with Kosovo
investigators, prosecutors and judges or independently, and by measures including, as appropriate, the
creation of cooperation and coordination structures between police and prosecution authorities”. 46
To facilitate this process, EULEX retains some executive powers and also provides technical
assistance through its Monitoring, Mentoring and Advising (MMA) Programme. Staffing is
provided by EU member states, Norway, Switzerland, Turkey, and the USA.
Index: EUR 70/004/2012 Amnesty International April 2012