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<strong>Rambouillet</strong> <strong>Peace</strong> <strong>Conference</strong>; Road to the <strong>Conference</strong> and Results<br />

Ivan Boshkovich<br />

HIST 7602<br />

Pierre Asselin, Ph.D.<br />

Captain Carl O. Schuster<br />

Fall 2009


Table of Content<br />

Boshkovich 2<br />

Part I<br />

Introduction………………………………………………………………………………….3<br />

Chapter I<br />

Section A; History of Violence……………………………………………………………...6<br />

Section B; The End of the Cold War………………………………………………………13<br />

Part II<br />

Chapter II<br />

Section A; About the KLA………………………………………………………………....27<br />

Section B; Road to <strong>Rambouillet</strong>…………………………………………………………...36<br />

Chapter III<br />

Section A; Actors…………………………………………………………………………..43<br />

Section B; Negotiations……………………………………………………………………56<br />

Section C; Reactions to the <strong>Conference</strong>………………………………………………….70<br />

Part III<br />

Chapter IV<br />

Section A; “Merciful Angel”……………………………………………………………...80<br />

Section B; From UN Resolution 1244 to Declaration of Independence………………..90<br />

Section C; Declaration of Independence………………………………………………...100<br />

Conclusion………………………………………………………………………………….107<br />

Historiography……………………………………………………………………………..115<br />

Appendix<br />

I Statement by the Contact Group……………………………………………………..120<br />

II Fundamentals of the Agreement……………………………………………………..123<br />

III Interim Agreement for <strong>Peace</strong> and Self-Government in Kosovo……………………125<br />

IV Resolution 1244………………………………………………………………………..180<br />

List of Acronyms……………………………………………………………………186<br />

Bibliography………………………………………………………………………...187


Part I<br />

Introduction<br />

Map of Former Yugoslavia 1<br />

Boshkovich 3<br />

The main goal of this professional paper is to explain what happened during<br />

<strong>Rambouillet</strong>‘s <strong>Peace</strong> <strong>Conference</strong> in 1999 which was in actuality ultimatum to Serbian and<br />

Yugoslav authorities. At the same time, on the opposite side this conference, Albanians<br />

from Kosovo, were in much better situation because, and it will be well supported<br />

throughout this paper, they could sit peacefully and relax knowing that the Serbs would<br />

have to choose between two evils; acceptance of independence of Kosovo, or NATO<br />

1 Online, ―Kosovarian Independence: Viennese Celebration/Demonstration‖,<br />

http://anaj.wordpress.com/category/politics/


Boshkovich 4<br />

intervention. Maybe even more interestingly, this research will explain what the most<br />

important points that led to this conference were. Also, the outcome of these talks will be<br />

explained and how that affects the region and the rest of the world. To make sure that the<br />

audience has a clear picture about the entire conflict between Serbs and ethnic Albanians<br />

(for sake of simplicity, in continuation of this paper the author will use term ―Albanians‖<br />

even if it will describe Albanians from Kosovo), the author will present historical events<br />

that led to the conflict between these two groups. Contrary to what some experts claim,<br />

the beginning of this problem was not in the 1980‘s and the rise of Serbian leader<br />

Milosevic, but six centuries earlier when the Ottoman Empire spread on Balkan<br />

Peninsula. However, this paper will be more concentrated on the recent history of this<br />

conflict, which is period after WWII, especially from the late 1980‘s until 2008 (when<br />

Albanians declared independence which is recognized so far by 63 countries; the most<br />

recent was New Zealand-November 2009). When elaborating about this period on the<br />

Balkan Peninsula, in addition to the peace conference, the author will offer valuable<br />

information regarding the incident in Racak, which was a trigger for the NATO bombing;<br />

bombing itself; Kumanovo agreement; UN Resolution 1244; and unilateral declaration of<br />

independence of Kosovo in 2008.<br />

In addition, the readers of this research will have an opportunity to find out more<br />

about the role of the Serbian Armed Forces in this conflict (mainly in the late 1990‘s),<br />

and the Kosovo Liberation Army (KLA). One will find this interesting because some of<br />

the Serbian generals and politicians (based on command responsibilities), as well as the<br />

KLA leaders were accused for war crimes by the International Criminal Tribunal of the


Boshkovich 5<br />

former Yugoslavia or ICTY. Nevertheless, before they had to face this tribunal, some of<br />

those individuals had a chance to participate in the 1999 <strong>Rambouillet</strong> peace talks.<br />

Another aspect of this paper will be the involvement of the international<br />

community. This is going to be discussed in chapters that are describing the conference,<br />

also in these chapters the audience will discover more about media war and the influence<br />

of some western politicians to the situation on Balkan.<br />

At the end of this paper the audience will have a chance to read author‘s analysis<br />

about the future of the Balkan Peninsula as well as the future of the world based on<br />

events that took place in this region.<br />

It is important to mention that the writer of this paper was born in Serbia (at that<br />

time one of Yugoslav republics) and lived there until 2005, which gave him an<br />

opportunity to see what happened in the war in Kosovo from a different perspective than<br />

an average person in the rest of the world. However, thanks to his emigration to the USA<br />

four years ago, the author completed his viewpoint of this conflict. Nevertheless, it is<br />

possible that this paper will offer some views that differ from what people could hear on<br />

CNN or BBC. The reason for this is that western media is very often willing to take sides<br />

in wars, and in this case it was mostly Albanian side. Yet, if the author put some effort to<br />

write something that is not favorable for Albanians in Kosovo, it would not be because of<br />

some kind of bias, but rather due to facts that are supporting different viewpoints, which<br />

will be documented adequately. Despite the fact that war in Kosovo happened just 10-11<br />

years ago there is a huge number of sources that are helpful for anyone interested in this<br />

topic. Some of those sources are bias, but some are quite objective and valuable.


Chapter I<br />

Section A; History of Violence<br />

Boshkovich 6<br />

Serbs arrived on the Balkan Peninsula in the 7 th century C.E. as pagan‘s tribe<br />

from central Asia. The reason for this long voyage was probably protection from<br />

barbarian tribes in Asia and also the warmer Mediterranean climate. Serbs settled this<br />

area from Dalmatia, in today‘s Croatia, to a region that is known today as Former<br />

Yugoslav Republic of Macedonia. In the middle of this area is today‘s Kosovo (full name<br />

would be Kosovo and Metohija), also known as ‗Old Serbia‘. This entire territory was<br />

under control of Byzantine Empire, and that is the reason why Serbs during the time<br />

became Christians, and later, after the schism between Christians in 1054, Orthodox<br />

Christians.<br />

Albanians were the Serbs‘ southern neighbors, and until the Ottomans conquest<br />

they were allies. Albanians were part of the Serbian army during the King Dushan‘s<br />

leadership. In the Battle of Kosovo in 1389, Albanians stood along with Serbs against<br />

Turks. 2 Unfortunately, Serbian King Lazar lost this battle, and Turks occupied this part of<br />

Europe for the next 500 years. 3 The majority of Albanians saw this as an opportunity to<br />

become Turks‘ ally and finally grows to be stronger than the Serbs. Most of Albanians<br />

accepted Islam 4 in an effort to be closer to their new rulers. This tactic began to have<br />

results very fast and Turks started to settle Albanians in territories that were 100%<br />

populated by Serbs. The excuse for this process Albanians, even today, tried to find in a<br />

2 Predrag Simic, Put u Rambuje:Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 13.<br />

3 Christopher Bennett, Yugoslavia’s bloody collapse (New York: New York <strong>University</strong> Press, 1995), 18.<br />

4 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 14.


Boshkovich 7<br />

fact that Illyrians lived before Serbs on the entire Balkan Peninsula, and that they were<br />

their ancestors. It is true that Illyrians lived on the Balkan, but there is no evidence that<br />

Albanians are connected with them.<br />

Since the Turks invasion of the Balkan in 14 th century, Albanians and Serbs<br />

became more hostile to each other. However, Turks were the main reason for the Serbs<br />

migrations to the north, such as that from second half of the 15 th century. But the largest<br />

exodus of Serbs occurred during the World Wars, when Albanians started to realize their<br />

nationalist ideas that were first introduced in 1878, when Albanians formed so-called<br />

―League for protection of Albanian nation‖ or ―The First Prizren League‖. 5 The reason<br />

for this meeting was Berlin Congress, in which great powers decided to return to Serbia<br />

some counties that were taken by Ottomans, in which during the occupation Albanians<br />

settled. The main goal of this league was creation of Albanians‘ nation state that would<br />

consist of four regions (vilayets) inhabited by Albanians 6 : a) South Albania and Epir with<br />

capitol in Janina (Greece-I.B.); b) North and Central Albania (Skadar, Tirana, and<br />

Elbasan); c) Macedonia (Skopje, Debar, Gostivar, Prilep, Veles, Bitola, Ohrid); d)<br />

Kosovo with parts of southern central Serbia (Pec, Djakovica, Prizren, Novi Pazar,<br />

Mitrovica, Sjenica, Pristina, Gnjilane, Presevo, and Kumanovo). Between 1878 and the<br />

first Balkan war (1912), 400,000 people escaped from Kosovo to central Serbia. 7<br />

5 Jean-Arnault Dérens, ―Threat of Enduring Nationalism: Kosovo‘s Rival Histories‖, Le Monde<br />

Diplomatique, July 12, 2005, http://www.hartford-hwp.com/archives/62/446.html<br />

6 Bernard J. Fisher, ―A Brief Historical Overview of the Development of Albanian Nationalism,‖ Woodrow<br />

Wilson International Center for Scholars, March 23, 2005,<br />

http://www.wilsoncenter.org/topics/pubs/MR313%20Fischer.doc<br />

7 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 15-16.


Map of ―Great Albania‖ 8<br />

Boshkovich 8<br />

During WWI, the Serbian army along with thousands of civilians had to retreat<br />

through Albania to Greece. That was the only way since Austrians attacked from the<br />

north and west, while Bulgarians struck from the east in an effort to concur Macedonia<br />

which was southern Serbia at that time. During that retreat through Albania, Albanians<br />

were very aggressive toward Serbs. 9<br />

Under the protection of the fascist Italian government in WWII, Albanian<br />

collaborators killed thousands of Serbs and other non-Albanians. 10 Before WWII, Serbs<br />

8 Zvonimir Trajkovic, ―Srbi Iznad Sarajeva Postavljaju Divovski Kriz,‖ Srpska Politika,<br />

http://www.srpskapolitika.com/intervjui/2008/latinica/042.html<br />

9 The New York Times, ―Serbian Retreat a Heroic Tragedy,‖ January 8, 1916, pg 2,<br />

http://query.nytimes.com/gst/abstract.html?res=9404E7DD103FE233A2575BC0A9679C946796D6CF;<br />

another good source for Serbian retreat through Albania is Olive M. Aldridge, Retreat from Serbia through<br />

Montenegro and Albania (London: The Minerva Publishing Company, 1916)<br />

http://www.archive.org/texts/flipbook/flippy.php?id=retreatfromserbi00aldriala<br />

10 Carl Kosta Savich, ― Albanian Nazi Troops in WW2 Launched a Wide Spread Terror Against Kosovo<br />

Serbs,‖ Vatopaidi Online, October 27, 2009, http://vatopaidi.wordpress.com/2009/10/27/albanian-nazitroops-in-ww2-launched-a-wide-spread-terror-against-kosovo-serbs/


Boshkovich 9<br />

were the majority in Kosovo and Metohija, making up 61% of population. However, after<br />

WWII on 1961 census, Albanians were majority with 67, 1%, this number rose in 1971 to<br />

73, 7% of population in what was called after WWII ―Serbian Autonomous Province<br />

Kosovo and Metohija‖. According to Mr. Simic, in 1981 ethnic Albanians made 77.4%<br />

of population of Kosovo, while Serbs fell from 23.6% in 1961 to 7.3% in 1981. Other<br />

than that, half of Albanian population is younger than 20 years, which means that their<br />

population will most likely double in the next 20 years. Additional data is available in<br />

Tim Judah‘s book, The Serbs, where one can see that 441,740 of Albanians lived in<br />

Yugoslavia in 1918, while that number rises to 1,730,000 in 1981. 11<br />

Besides Albanian ethnic cleansing of Serbs during WWII (in just one year of war,<br />

until April 1942, 60,000 Serbs were forced to escape from Kosovo 12 ), there are other<br />

reasons why the demographic structure changed so rapidly. The first reason is that<br />

Communist‘s regime in Yugoslavia did not allow Serbs to return to Kosovo and Metohija<br />

after the war (the decision maker of that time was Josip Broz Tito, and many Albanians<br />

were known as ‗Titoists‘ because he gave them autonomy). ―The ‗Titoist‘ phenomenon<br />

among Albanians was not simply, as it is often described, an expression of nostalgia for<br />

Tito‘s ‗gift‘ to Kosova of its position as a Yugoslav autonomous province…‖ 13 At the<br />

same time, Tito allowed Albanians from Albania to move to this part of Serbia with<br />

excuse that they are trying to escape from dictatorship of Enver Hodza. ―…in the creation<br />

of a Communist Yugoslavia under Tito, the Croat-Slovene. He concluded before World<br />

11<br />

Tim Judah, The Serbs: history, myth & the destruction of Yugoslavia (New Haven: Yale <strong>University</strong><br />

Press, 1997), 311-13.<br />

12<br />

Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 19.<br />

13<br />

Stephen Schwartz, ―'Enverists' and 'Titoists' - Communism and Islam in Albania and Kosova, 1941-99:<br />

From the Partisan Movement of the Second World War to the Kosova Liberation War,‖ Journal of<br />

Communist Studies and Politics 25, no. 1 (2009): 65.


Boshkovich 10<br />

War II that Yugoslavia could only be re-created on the basis of a weakened and<br />

constricted Serbia‖. 14<br />

The second reason is the Albanians birth rate, which at the end of 20th century<br />

was 6.8 children per family while Serbs had 1.5 per family. In addition to this, it is<br />

interesting that even in a relatively peaceful period, from mid 1960‘s till mid 1980‘s,<br />

approximately 200,000 people left Kosovo, creating 700 settlements ethnically<br />

completely free of Serbs. 15<br />

Albanian pronazi demonstration during WWII 16<br />

Someone may ask why Serbs had tolerated this behavior of Yugoslav<br />

communist‘s regime. The answer is that this regime was ruled by Dictator Josip Broz<br />

14 David Binder, ―Thoughts about Serbs,‖ Journal of the North American Society for Serbian Studies 14,<br />

no. 2 (2000): 167-71, http://www.serbianstudies.org/publications/pdf/Vol14_2_Binder.pdf<br />

15 Dobrica Cosic, Kosovo (Beograd: Novosti, 2004), 44.<br />

16 Coordinamento Nazionale per la Yugoslavia, http://www.cnj.it/documentazione/KOSMET/foto.htm


Boshkovich 11<br />

Tito who was Croat. 17 Though it is still unclear why, Croats and Serbs could never live in<br />

a harmony. It is not easy to find evidences of Serbian hostility toward Croats, but the<br />

newest example of animosity between these two ethnic groups was in civil war of 1990‘s,<br />

which ended in 1995 when Croats launched ―Operation Storm‖ in which 200,000<br />

refugees escaped to Serbia and Bosnia, while ―In the days that followed Operation Storm,<br />

property was destroyed and atrocities committed against those Serbs who remained.‖ 18<br />

But much worst example for this hatred occurred in 1940‘s. Only in WWII,<br />

Croats, which were Nazi allies, killed 700,000 Serbs (most of them in extermination<br />

camp Jasenovac were Croats killed about 600,000 people 19 ).<br />

Tito‘s regime changed the constitution in 1974, giving to this province all<br />

attributes of republic except the name. Albanians took advantage of this by creating<br />

ethnically clear of Serbs police, making them less important citizens without any possible<br />

protection from Federal or Republic government. On the other side, Albanians took all<br />

important positions in the Province government and courts. They developed a parallel<br />

education system based on the Albanian language which was against the law. All these<br />

things were unthinkable for Serbs in Albania, where they were forced during the time to<br />

change their names so that they won‘t sound as Slovenes in addition to being forbidden to<br />

be educated in their language. 20 Besides that, Albanian government took all their houses<br />

17 Rit Nosotro, ―Josip Broz Tito: 1892-1980, Yugoslavian Dictator Who Succeeded with Communism,‖<br />

HyperHistory Online, 2003, http://www.hyperhistory.net/apwh/bios/b2tito-josip-marshall.htm<br />

18 Matt Prodger, ―Evicted Serbs Remember Storm,‖ BBC News, August 5, 2005,<br />

http://news.bbc.co.uk/2/hi/europe/4747379.stm<br />

19 Yad Vashem Museum Online, http://www1.yadvashem.org/education/entries/English/29.asp<br />

20 David J. Kostelancik, ―Minorities and Minority Language Education in Inter-war…‖ East European<br />

Quarterly 30, no. 1 (1996): 81.


Boshkovich 12<br />

and other belongings. 21 However; discussion on this topic would require another research<br />

paper.<br />

Except for 1968, when Albanian separatists organized huge protests in all the<br />

major cities in Kosovo, using an opportunity to cheer to ―Kosovo Republic‖, ―Long live<br />

Albania‖ and Enver Hodza 22 (which was minimized very effectively by Tito‘s communist<br />

propaganda, explaining that it was just a group of youths that broke in a couple of stores,<br />

which is common even in the western countries 23 ) until 1980, when Tito died, Albanians<br />

held their activities bellow the radar, knowing that time was working for them. After that<br />

event everything changed. Albanian separatists begin massive demonstrations against<br />

Serbian government with demands to be recognized as a Republic, which was<br />

unacceptable for Serbian authorities because that would lead to separation from Serbia<br />

and Yugoslavia. This period of violence in Kosovo lasts until 1989, when extremely<br />

popular Serbian leader, Slobodan Milosevic changed the constitution, and brought<br />

Serbian jurisdiction back to Kosovo, that would last until 1999.<br />

21 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 10.<br />

22 Noel Malcolm, Kosovo: a short history (New York: New York <strong>University</strong> Press, 1998), 325.<br />

23 Dobrica Cosic, Kosovo (Beograd: Novosti, 2004), 24-25.


Section B; The End of the Cold War<br />

Boshkovich 13<br />

After Tito‘s death in 1980, Albanian separatists in Kosovo started massive<br />

protests with parole ―Kosovo Republic‖. They believed that Tito‘s death meant death of<br />

Yugoslavia. This was very dangerous for the security of the country, especially because<br />

of the willingness of a huge number of Albanians in Macedonia (they already had<br />

protests back in 1968 when they insisted on unification with Kosovo 24 ) and Montenegro<br />

to join those demonstrations. The state government decided to send army and police to<br />

suppress protestors. This situation ended with declaring martial law 25 and the<br />

imprisonment of hundreds of Albanians. Unfortunately, these prisoners did not change in<br />

the prison; oppositely, prison became an ideal place for recruiting new fighters for<br />

Kosovo independence: ―Most [future] Albanian political prisoners were former students<br />

arrested in the 1980s for their participation in the movement demanding a Republic of<br />

Kosovo within Federal Yugoslavia‖. 26 It should be mentioned that arrests in communist<br />

Yugoslavia were very common thing for more trivial things, such as a joke about the<br />

president or a communist party. So these arrests would happen to any other group,<br />

regardless of ethnicity.<br />

Albanian separatists concluded that it was still too early for open confrontation<br />

with the government, and they decided to continue with a less transparent war against<br />

Serbs and other non-Albanians. There was a great number of Serbs killed during the<br />

1980‘s, usurpation of their land and live stock, rapes, refusing to help Serbs in hospitals,<br />

24 Ibid, 25.<br />

25 Stephen Schwartz, ―'Enverists' and 'Titoists' - Communism and Islam in Albania and Kosova, 1941-99:<br />

from the Partisan Movement of the Second World War to the Kosova Liberation War,‖ Journal of<br />

Communist Studies and Politics 25, no. 1 (2009): 67.<br />

26 Zoran Kusovac, ―The KLA: Braced to Defend and Control,‖ Jane’s Online<br />

http://www.janes.com/defence/news/kosovo/jir990401_01_n.shtml


Boshkovich 14<br />

or just to serve them in stores or restaurants. 27 ―Serbs have said the ethnic Albanians in<br />

Kosovo have committed atrocities against them, including murder, rape, desecration of<br />

graves and churches and blinding of cattle‖. 28 There was an increased number of Serbs<br />

that were forced to leave Kosovo in the mid 1980‘s due to threats and hostility from<br />

extreme Albanians who desired ―ethnically clean Kosovo‖. 29<br />

Besides that, it was quite normal to kill a few soldiers or police officers in an<br />

ambush. Police, which at that time consisted of Serbs and loyal Albanians, used every<br />

opportunity to take revenge. There were a lot of examples of police brutality against<br />

Albanians involved in activities against the government, but nothing that students in<br />

Belgrade, for example, had not experienced during their fight against Milosevic‘s regime.<br />

The reason was simple; police brutality was normal thing in Yugoslavia, like in any other<br />

non-democracy.<br />

27 Marvine Howe, ―Exodus of Serbians stirs province in Yugoslavia,‖ The New York Times, July 12, 1982,<br />

http://www.nytimes.com/1982/07/12/world/exodus-of-serbians-stirs-province-in-yugoslavia.html<br />

28 The New York Times, ―Belgrade Battles Kosovo Serbs,‖ June 28, 1987,<br />

http://www.nytimes.com/1987/06/28/world/belgrade-battles-kosovoserbs.html?scp=1&sq=Belgrade%20Battles%20Kosovo%20Serbs&st=cse<br />

29 G. Richard Jansen, Albanians and Serbs in Kosovo: an abbreviated history an opening for the The<br />

Islamic Jihad in Europe (Fort Collins: Colorado State <strong>University</strong>, 1999),<br />

http://lamar.colostate.edu/~grjan/kosovohistory.html


Serbian police in action in Belgrade, Serbian capital 30 , 31<br />

Boshkovich 15<br />

The only institutions that gave some confidence to Serbs were the Church and the<br />

Army. The largest number of Serbian churches and monasteries are on Kosovo. Some of<br />

these sanctuaries are from the 12 th and 13 th centuries. 32 Albanian separatists did not have<br />

to make special effort to suppress Church because the communist party was more than<br />

sufficient at doing that job. After WWII communists usurped thousands of hectares of<br />

churches land and gave it to Albanians. Different than in other post-communist regimes,<br />

Church never received this land back. However, Serbs priests are still in Kosovo as the<br />

last representatives of Serbian continuity in this province/independent country (depends<br />

from which perspective).<br />

30 B92 Online, http://vukajlija.com/attached_images/0003/6960/policija.jpg<br />

31 Politika Online, http://www.politika.rs/rubrike/Hronika/Policija-na-nishanu-gnevnih.lt.html<br />

32 UNESCO Online, ―Medieval Monuments in Kosovo,‖ http://whc.unesco.org/en/list/724/


Boshkovich 16<br />

One of Serbian Monasteries (Saint Archangels) that was destroyed while under KFOR protection (March<br />

2004) 33<br />

When speaking of the Army, Albanian separatists used different approach to<br />

diminish that organization. The JNA (Yugoslav National Army) consisted of youths from<br />

all six republics and two autonomous provinces. These recruits were not professional<br />

soldiers, and they had to serve in the Army for 18 months, and from the middle 1980‘s 12<br />

months. This was a multiethnic institution and Albanian terrorists (a growing group of<br />

people that started to use violence to gain independence, later organized in the Kosovo<br />

Liberation Army) attacked soldiers less than the police because they were sure that if they<br />

attacked police in Kosovo they could kill only Serbs or loyal Albanians, which are seen<br />

as traitors and collaborators. Albanian terrorists decided to change the structure of the<br />

Army. In 1987, Albanian recruit Kelmendi joined the Army, and when he finally got the<br />

rifle he killed 4 soldiers, wounded 6, and simply escaped from the base. The terrorists<br />

33 Info-sluzba Kosova I Metohije Online, http://www.kosovo.net/news/archive/2004/April_14/8.html


Boshkovich 17<br />

accomplished their goal, and the JNA did not insist anymore on mandatory serving for<br />

Albanians. The JNA soldiers also became legitimate targets for terrorists, while recruits<br />

from all other republics tried everything to avoid serving in Kosovo. Even the writer of<br />

this research remembers how the parents of Yugoslav teenagers were doing everything to<br />

find someone who could help their kids to avoid serving in Kosovo.<br />

The situation for Serbs in Kosovo from 1988 was desperate. Now Serbs started<br />

demonstrations in effort to show how worried they were. This was the perfect opportunity<br />

for a new energetic politician to make a career. His name was Slobodan Milosevic. He<br />

put himself as a leader of all Serbs who would protect them from Albanian terrorists. The<br />

most important moment in his political career happened on 28 th June 1989 (600th<br />

anniversary of Kosovo Battle) when he gave the famous speech in Kosovo, telling the<br />

one million Serbs present, all the things that they wanted to hear<br />

Six centuries later, now, we are being again engaged in battles and are facing<br />

battles. They are not armed battles, although such things cannot be excluded yet.<br />

However, regardless of what kind of battles they are, they cannot be won without<br />

resolve, bravery, and sacrifice, without the noble qualities that were present here<br />

in the field of Kosovo in the days past. Our chief battle now concerns<br />

implementing the economic, political, cultural, and general social prosperity,<br />

finding a quicker and more successful approach to a civilization in which people<br />

will live in the 21st century. For this battle, we certainly need heroism, of course


Boshkovich 18<br />

of a somewhat different kind, but that courage without which nothing serious and<br />

great can be achieved remains unchanged and remains urgently necessary. 34<br />

Serbs from Kosovo felt saved, and they followed Milosevic everywhere. One<br />

million people came to Belgrade‘s protest which was organized by Serbs from Kosovo.<br />

The main speaker was Milosevic. He took the Communist Party of Serbia in his hands,<br />

which was followed by the introduction of democracy, and his SPS (Socialistic Party of<br />

Serbia) won first elections in Serbia. Milosevic changed the constitution, and Kosovo was<br />

again under direct control of Serbia. Serbian refuges from Kosovo ceased to escape in to<br />

the central Serbia, and citizens thought that problem of Albanian separatism and<br />

terrorism in Kosovo is solved.<br />

Milosevic with his supporters 35<br />

Unfortunately, in the mid 1990‘s, after the civil war in former Yugoslavia (which<br />

seemed to be expected due to the end of the Cold War), Albanian separatists decided to<br />

try again, this time more violently. Separatists started attacks on Serbs, other non-<br />

Albanians, Police, Army, and institutions, including Albanians that were loyal to Serbia.<br />

34 Slobodan Milosevic Online, ―Political Speeches: Slobodan Milosevic‘s 1989 St. Vitus Day Speech,‖<br />

June 28, 1989, http://www.slobodan-milosevic.org/spch-kosovo1989.htm<br />

35 Ibid, ―Bibliography,‖http://www.slobodan-milosevic.org/biography.htm


Boshkovich 19<br />

Interestingly, Pandora‘s Box in Kosovo was not open during civil war in other parts of<br />

Yugoslavia (Slovenia, Croatia, and Bosnia and Herzegovina). Mr. Simic said that reasons<br />

for that, one can find in these three theories: 1) Separatists in Kosovo were not satisfied<br />

with the balance of power in Kosovo, and they wanted to wait until Serbia became<br />

exhausted from civil wars; 2) Neighboring Albania was going through post-communist<br />

transition and turmoil; 3) Until the Dayton peace conference in 1995 regard ending of<br />

civil war in Bosnia and Herzegovina, Albanians in Kosovo hoped that international<br />

community would put Kosovo‘s question in Dayton‘s negotiations. Since this never<br />

happened, separatists ceased to support peaceful Mr. Rugova, and started to support so-<br />

called KLA (Kosovo Liberation Army), which was established at the end of 1993. 36<br />

The conflict culminated in 1998, when the USA threatened Serbia for the first<br />

time with intervention due to ―ethnic cleansing of Albanians‖ and police brutality. To<br />

make clear, Serbian security forces would overreact here and there. Those cases were<br />

usually among police members, not in the army, because the police were local and<br />

sometimes its members had relatives who were killed by KLA. 37 Besides that, bad people<br />

exist everywhere. Even US troops in Iraq and Afghanistan had an incident in which<br />

soldiers raped a 14-year-old girl and killed her family. Another example are pictures from<br />

Abu Graib prison where US soldiers sexually assaulted Iraq prisoners, somehow they<br />

even used dogs. Fortunately, no one bombed the USA because of these couple lunatics.<br />

Different than what an international audience could read in newspaper, Serbian<br />

36 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 23-25.<br />

37 YouTube Online, Aidan Laverty and Tom Giles, ―Moral Combat - NATO at War - Part 3,‖ BBC<br />

Production , 2000, http://www.youtube.com/watch?v=X7J2Uqxh194&feature=related


Boshkovich 20<br />

authorities punished individuals involved in criminal activities. 38 Many of them are still<br />

in prison. The truth is that Serbs (civilians) suffered much more, and there was a new<br />

wave of Serbian refuges, so the Albanian population on Kosovo rose to more than 95%.<br />

However, the International Community led by Clinton‘s administration assumed that<br />

Serbs are guilty for everything since they were already labeled as ‗bad boys‘ in wars in<br />

former Yugoslavia.<br />

Speaking of Serbian police, once again it should be mentioned that they could be<br />

very violent toward any kind of protestors, regardless of their ethnicity or ideology. 39<br />

There was not any difference in police approach to Albanian protestors from that to<br />

supporters of opposition in central Serbia. In both cases protests would end with dozens<br />

of injured protestors and police officers, which always had negative effect to Milosevic‘s<br />

dictatorship. Brutality always led to increasing of number of Milosevic‘s opponents.<br />

However, in the case of Kosovo, once the KLA started to kill police officers on a daily<br />

basis 40 , Serbian police traded batons for rifles and the conflict escalated to a degree of<br />

which no one could stop that spiral of violence.<br />

Albanian terrorists were shocked, and they decided to become more radical. They<br />

started to attack Police, Army, Serbs, and especially loyal Albanians anytime and<br />

everywhere (more about this in the section about the KLA). This was followed by a large<br />

number of performances for an international audience, from hunger strike of miners,<br />

38 Four former police officers were convicted and sent to prison for total of 68 years for war crime against<br />

50 Albanian civilians from Suva Reka. B92 Online, ―Presuda za Zlocin u Suvoj Reci,‖ April 23, 2009,<br />

http://www.b92.net/info/vesti/index.php?yyyy=2009&mm=04&dd=23&nav_id=356909<br />

39 Glas Javnosti Online, ―Ninth March Without Meeting,‖ March 8, 2000, http://arhiva.glasjavnosti.rs/arhiva/2000/03/09/srpski/p00030810.shtm;<br />

On March 9 th , 1991 in Belgrade, 114 people were<br />

hurt and 2 people died in the demonstrations against Slobodan Milosevic‘s regime.<br />

40 Global Security Online, ―Kosovo Liberation Army [KLA].‖<br />

http://www.globalsecurity.org/military/world/para/kla.htm


Boshkovich 21<br />

through students declining to attend Serbian Universities, to food poisoning of school<br />

children, but only Albanian children, even if the School was multiethnic. It should be<br />

mentioned that during that time (September 1990) Albanians in Kosovo declared<br />

independence by ―Kacanik Constitution‖; of course they did not have support from the<br />

USA and other powers, so no one cared about it. 41 Nevertheless, during this turmoil<br />

Albanians got a new leader, Ibrahim Rugova. On first elections for so-called ―Republic of<br />

Kosovo‖ in 1992, the Democratic League of Kosovo (LDK) led by Mr. Rugova won by<br />

far, and he became the first President of Albanian parallel state in Kosovo, while Bujar<br />

Bukosi was elected as a first Prime Minister. 42<br />

Rugova become very popular as a fighter for Albanian rights. The most important<br />

thing that he has done for Albanians was abandoning of the blood feud. He gained<br />

forgiveness among 150 families. 43 This custom, which divided Albanians for centuries,<br />

was the main reason why they were not as dangerous. Rugova was for Albanians what<br />

Arafat was for Palestinians. His objectives developed from real autonomy, through the<br />

Republic of Kosovo, to full independence. 44 At the time Rugova and his followers<br />

insisted that they should have the same rights as Serbs in Croatia, but they had to change<br />

that once Croatian army conducted operation ―Oluja‖ (Storm) in August 1995 45 , in which<br />

they completed ethnic cleansing of Serbs that started in WWII.<br />

Milosevic, on the other side, tried to imitate Israelis, but he did not understand<br />

that for that kind of approach he needed the support of the USA. On the contrary, Rugova<br />

41 UNESCO Online, ―Parallel worlds rebuilding the education system in Kosovo,‖ 43,<br />

http://unesdoc.unesco.org/images/0013/001361/136152e.pdf<br />

42 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 30.<br />

43 Milan Komnenic, Klopka u Rambujeu (Beograd: Prosveta, 2006), 124.<br />

44 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 31.<br />

45 Ibid, 36.


Boshkovich 22<br />

had more support from the USA and other western countries, not to mention the support<br />

from Muslim countries. It was quite normal when some politician visited Serbia, such as<br />

Senator Bob Dole, to talk only with Albanians, avoiding even a courtesy talk with<br />

government representatives. Encouraged by this amount of support, Albanian terrorists<br />

decided to establish the KLA to intensify attacks on Serbs, especially after the collapse of<br />

the Albanian government (in Albania) and stealing of countless number of weapons from<br />

army bases around Albania (according to Mr. Simic it was more than 700,000 of<br />

weapons). 46 Albanian separatists were very surprised when the State Department put the<br />

KLA on the list of terrorist organizations, which lasted until 1998, when the KLA ceased<br />

to be considered as a terrorist group 47 , and, as some politicians in Serbia claim, actually<br />

become NATO infantry in 1999 bombing of Serbia.<br />

Mr. Holbrook (high ranking diplomat of Department of State who even took off his shoes to show respect<br />

to his host- I.B.) with KLA leadership 48<br />

46<br />

Ibid, 49.<br />

47<br />

Scott Park, ―State Department Once Called New Allies ‗Terrorists‘: Cohen: For KLA victory, but not for<br />

KLA,‖ Human Events, April 30, 1999,<br />

http://findarticles.com/p/articles/mi_qa3827/is_199904/ai_n8836923/<br />

48<br />

Forumi Shqiptar Online, http://www.forumishqiptar.com/showthread.php?t=44488


Boshkovich 23<br />

Left to Right: Hashim Thachi (KLA Leader), Bernard Kouchner (UNMIK Chief), Sir Michael Jackson<br />

(NATO Command), Gen. Agim Ceku (Commanding KLA General), Gen. Wesley Clark (Commanding<br />

NATO General) 49<br />

According to Mr. Mitic, British journalist Tim Marshall in his book stated that<br />

Americans did not came to Kosovo just to observe, but also to instruct the KLA and<br />

provide them with equipment, satellite phones, etc. 50<br />

By 1997, the KLA controlled significant parts of Kosovo‘s territory. This was<br />

unacceptable for Serbian authorities, and Milosevic decided to send more troops to this<br />

region. Quite easily the army and police defeated KLA, but international community did<br />

not like this usage of armed forces so they insisted that Serbia accept UN mission which<br />

would control movements of Serbian security forces. The head of this Mission was<br />

William Walker. The problem with this mission was that they did not do what they were<br />

49 Emperors Online, http://emperors-clothes.com/serbo-croatian/articles/s-sinko.htm<br />

50 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 62.


supposed to; instead, according to some military commentators at that time in<br />

Yugoslavia, they were marking targets for the NATO. 51<br />

Boshkovich 24<br />

This Mission was supposed to have 2,000 members, but at the end there were<br />

1,600 people. They did not have any weapons, but a large number of them were military<br />

intelligence personnel from western countries. British journalist Tim Marshall said that<br />

British sent members of SAS as well as members of other elite units. In addition to that,<br />

according to this journalist, the CIA was also present and very active in this mission. 52<br />

Besides regular Serbian forces, there were some groups of so-called ―volunteers‖.<br />

The most known leader of them was Arkan with his ―tigers‖. Some westerners said that<br />

the number of these ―soldiers‖ was remarkable, but in actuality there were a couple of<br />

dozens of them. While there were a remarkable percentage of volunteers that came to<br />

Kosovo due to patriotic feelings and ideology (Arkan for example was very interested in<br />

politics, he was once even a member of the Parliament), a significant number of them<br />

came with the main goal to steal cars, TVs, money, jewelry, etc. General Lazarevic<br />

mentioned some cases in which regular armed forces discovered misconduct of<br />

volunteers: ―…25 volunteers were returned from the corps and seven were detained<br />

because of renegade behavior, killings, robbery, rapes, et cetera‖. 53<br />

Of course, these volunteers created an extremely negative picture of Serbia in the<br />

world, creating more damage then favor for their country. Unfortunately, they liked to<br />

pose for pictures in uniform and journalists from around the globe saw a great<br />

51 Vlada Republike Srbije Online, ―General lazarevic: Neizostavno se vracamo na Kosmet,‖<br />

http://www.arhiva.srbija.sr.gov.yu/vesti/1999-12/26/17141.html<br />

52 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 61.<br />

53 UN ICTY Online, Transcripts from General Lazarevic Testimony, 17981,<br />

http://www.icty.org/x/cases/milutinovic/trans/en/071109IT.htm


Boshkovich 25<br />

opportunity to make some story and earn their paycheck. On the other side the KLA<br />

represented themselves as rebels fighting for freedom and democracy.<br />

Arkan and his volunteers 54<br />

Interestingly, some politicians in Serbia were ahead of time. Mr. Cosic for<br />

example, who was the first president of the Federal Republic of Yugoslavia (established<br />

in 1992 after the collapse of Socialistic Yugoslavia), wanted to determine a new border in<br />

Kosovo which would give one third of Kosovo to Serbia and the rest to Albanians. He<br />

even discussed about this with an USA ambassador in Yugoslavia Mr. Zimmermann, but<br />

Milosevic refused that idea. 55 The reason for that was Milosevic‘s stubbornness. He<br />

insisted that Kosovo is part of Serbia and Yugoslavia and that no one could change that.<br />

Legally he was right, but in reality he could not understand that almost two million of<br />

Albanians in Kosovo do not want to live in Serbia, while Serbia is not as powerful as for<br />

54 Zona Libre Online, http://www.zonalibre.org/blog/lobo/archives/077635.html<br />

55 Dobrica Cosic, Kosovo (Beograd: Novosti, 2004), 72.


Boshkovich 26<br />

example Spain or China to suppress their separatisms in Basque, Catalonia and Tibet,<br />

respectively. On the other side no one knows how Albanians led by Rugova would react<br />

on this proposal, but most likely they would accept this idea because that would give<br />

them independence without war (Mr. Cosic talked about this in 1992), which would be<br />

recognized by Serbia.


Part II<br />

Chapter II<br />

Section A; About the KLA<br />

Boshkovich 27<br />

The KLA's guerrilla campaign was a deliberate attempt to provoke Belgrade into<br />

reprisals that would attract the West's attention. Knowing it could not defeat Yugoslavia<br />

without NATO's military support, the KLA waged a nasty insurgency that included<br />

assassinations of Serbian political and military officials. 56<br />

Answering the question ―What is actually the KLA?‖ back on 25 th February 1998,<br />

the US special envoy for Kosovo, Ambassador Robert Gelbard said: ―I know how to<br />

recognize terrorist when I see him. Trust me, these people are terrorists‖. 57 Even if it is not<br />

easy to find these attributes about the KLA in western sources, a persistent researcher<br />

will find one on BBC‘s website from June 28 th 1998 where Gelbard was quoted saying:<br />

―I know a terrorist when I see one and these men are terrorists,". 58 However, according to<br />

Mr. Simic a couple of months later the KLA was no longer considered a terrorist<br />

organization, but fighters for freedom. Not just that, in the same year on April 21 st ,<br />

Senators Mitch McConnell and Joseph Lieberman requested that the US administration<br />

finance with 25 million dollars weapons for 10,000 members of the KLA. Journalist Tim<br />

Judah noticed that comparing to organizations such as IRA, ETA, Hezbollah or Corsican<br />

56 Christopher Layne and Benjamin Schwartz, ―Was It a Mistake?; We Were Suckers for the KLA,‖ The<br />

Washington Post, March 26, 2000,<br />

http://pqasb.pqarchiver.com/washingtonpost/access/51850611.html?FMT=ABS&FMTS=ABS:FT&date=<br />

Mar+26%2C+2000&author=Christopher+Layne%3BBenjamin+Schwarz&pub=The+Washington+Post&ed<br />

ition=&startpage=B.01&desc=WAS+IT+A+MISTAKE%3F%3B+We+Were+Suckers+For+the+KLA<br />

57 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 53.<br />

58 BBC Online, ―The KLA – Terrorists or Freedom Fighters?‖,<br />

http://news.bbc.co.uk/2/hi/europe/121818.stm


Boshkovich 28<br />

National Front, the KLA is most successful terrorist organization in modern history<br />

because in just 18 months since they introduced themselves in public, they acquired main<br />

political goals and succeed in gaining of support of the most powerful military<br />

organization in the world to do for them majority of military goals. 59<br />

One of the KLA leaders, Jakup Krasnici openly stated that the KLA objective is<br />

unification of all Albanians on Balkan. 60 The other KLA leader, Bardil Mahmuti said that<br />

they calculated that ethnic Albanians could lose approximately 300,000 people to gain<br />

independence which is acceptable. 61<br />

According to the DEA (Drugs Enforcement Administration) Albanian mafia is the<br />

most important link in monthly shipments of 4-6 tons of Turkish heroin to Western<br />

Europe. 62 The Times commented that the KLA "is a terrorist organization that has<br />

financed much of its war effort with profits from the sale of heroin." Additional<br />

documents from intelligence agencies of five different countries obtained by the news<br />

agencies disclosed that "the KLA has aligned itself with an extensive organized crime<br />

network centered in Albania that smuggles heroin and some cocaine tobuyers throughout<br />

Western Europe and, to a lesser extent, the United States." Members of the KLA are<br />

among the individuals that are part of the Albanian drug cartel. Most of the profits from<br />

this drug operation are then channeled into the KLA for arms purchases. 63<br />

59 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 54.<br />

60 ICG Europe, Report No 153, ―Pan Albanianism: how big a threat to Balkan stability?‖, February 25,<br />

2004, http://unpan1.un.org/intradoc/groups/public/documents/untc/unpan014972.pdf<br />

61 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 62-63.<br />

62 Heather Cottin, ―The Balkan Route and the Contras of Kosovo,‖ CovertAction Online,<br />

http://www.covertaction.org/content/view/77/75/<br />

63 UN Wire, ―Newspaper Explores KLA Drug, Terrorism Ties,‖ May 6, 1999,<br />

http://www.unwire.org/unwire/19990506/2453_story.asp


Boshkovich 29<br />

Besides the KLA activities that are connected to distribution of illegal drugs, their<br />

connection with Al-Qaeda was also topic of some investigations. ―…some members of<br />

the KLA received training in terrorist camps run by international fugitive Osama bin<br />

Laden… 64 And this is what Mr. Kirov, acting head of Bulgarian intelligence said about<br />

Al-Qaeda aspirations on Balkan:‖ Ever since the Yugoslav wars began, Al-Qaeda and<br />

other radical organizations have worked to gain and develop footholds in the Balkans and<br />

among the expatriate populations. He warned that Kosovo would become a ‗direct source<br />

of regional instability and a hub for international terrorism‘ if concerted action was not<br />

taken to address the issue.‖ 65 According to data from the Yugoslav police, among<br />

members of the KLA it was not unusual to find Mujahedins from Afghanistan, Chechnya,<br />

Egypt, Sudan, and other Islamic countries. 66 According to the same sources, the KLA<br />

was financed by the Iranian Revolutionary Guard and the Humanitarian Organization<br />

―Third World Relief Agency (TWRA)‖ led by sheik Omar Rahman and Osama bin<br />

Laden. 67 ―… the Bosnian pattern was replicated in Kosovo: Mujahadeen mercenaries<br />

from various Islamic countries are reported to be fighting alongside the KLA in Kosovo.<br />

German, Turkish and Afghan instructors were reported to be training the KLA in guerilla<br />

and diversion tactics‖ 68 Even according to the London Times, American intelligence<br />

agencies pointed out that there is a possible connection between the KLA and Osama bin<br />

Laden, a Saudi emigrant accused for bombing of USA embassies in Nairobi and Kenya in<br />

64<br />

Ibid.<br />

65<br />

The New York Times, ―Carry on Blair,‖ May 10, 2007,<br />

http://opinionator.blogs.nytimes.com/2007/05/10/carry-onblair/?scp=15&sq=Kosovo%20Liberation%20Army,%20Al-Qaeda&st=cse<br />

66<br />

Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 70.<br />

67<br />

Ibid, 70.<br />

68<br />

Michael Chossudovsky, ―Kosovo ‗Freedom Fighters‘ Financed by Organized Crime,‖<br />

http://www.eroj.org/urbiorbi/Yugoslavia/kosovo.htm


Boshkovich 30<br />

August 1998. 69 This statement was obviously released before 9/11. Some experts said<br />

that they are concerned that Albanian organized crime groups from Kosovo, Albania and<br />

Macedonia could make an alliance with other terrorist groups. However, according to US<br />

officials, those links have not been detected. 70<br />

Unfortunately, it seems that all these information are not enough for the US and<br />

other western countries to see the KLA as just another terrorist organization, which might<br />

become a threat to American soldiers as well. It will probably happen once NATO came<br />

on the way to the KLA‘s ambitions in Kosovo.<br />

Between January 1 st 1998, and June 10 th 1999, members of the KLA carried out<br />

2,896 terrorist attacks, to include 1,071 attacks on citizens, 1,642 on members of police,<br />

and 573 on members of Yugoslav Army. 71<br />

69 The Times, ―U.S. Alarmed as Mujahidin Join Kosovo Rebels,‖ November 26, 1998.<br />

70 US Embassy Online, ―Islamic Terrorism and the Balkan,‖ July 26, 2005,<br />

www.usembassy.it/pdf/other/RL33012.pdf<br />

71 Youtube Online, ―Kosovo War – Political Aspects (Part I)‖, http://www.youtube.com/watch?v=Fv-<br />

3z_cvJOk&feature=related


KLA terrorists with beheaded Serbian 72<br />

Boshkovich 31<br />

―Today these same men wear the uniforms of the [Kosovo] Protection Corps (approximately 5,000<br />

members of the former KLA are in the Corps).‖ 73<br />

Is it possible to reconstruct this crime?<br />

The KLA terrorist in the middle is Sadik Cuflaj from the area of Decani. On his<br />

left is Valon Cuflaj, his son who is currently employed by UNMIK in Kosovo Protection<br />

Corps (rank of Lieutenant). He is taking the position in inspector‘s office in Pec, and in<br />

the meantime UNMIK took disciplinary measures against him and his father. The<br />

assumption is that these crimes are committed by units led by Ramush and Daut<br />

Haradinaj (Ramush‘s case will be more elaborated in following part of this section). The<br />

human head that is visible on the right most likely is the head of Bojan Cvetkovic from<br />

72 Dejan Lucic Online, http://www.dejanlucic.net/<br />

73 Vecernje Novosti, KLA Cut Off People’s Head http://www.ex-yupress.com/evnovosti/evnovosti13.html


Boshkovich 32<br />

Nis (central Serbia), while it was not possible to find out whose head was the one on the<br />

right side. 74<br />

Even the ICTY‘s (International Criminal Tribunal for the former Yugoslavia)<br />

main prosecutor Carla Del Ponte could not ignore war crimes committed by members of<br />

the KLA. Simply, there were so many evidences of their brutality that some KLA leaders<br />

had to be accused and sent to Hague. Many people have disappeared during the bombing<br />

and after arrival of the KFOR troops. That number includes over 1,500 Albanians that<br />

disappeared after being captured by the KLA during the bombing, while 300 Albanians<br />

were missed in second half of 1999 and 2000. 75 Unfortunately, this number is growing<br />

every day, especially in the Serbian community. Besides that, Del Ponte said that a<br />

significant number of those that were captured (Serbian media covered that story before<br />

Del Ponte) ended in Albania where Albanian doctors participated in surgeries in which<br />

they were taking out internal organs of kidnapped people and smuggled them through an<br />

airport in Rinas to wealthy patients in other countries. 76 Naturally, since these crimes<br />

were committed by the KLA which should represent ‗good boys‘, Del Ponte always<br />

highlighted that these stories are based on statements of witnesses. At the same time<br />

Serbs that were accused for war crimes were usually pronounced guilty even before the<br />

trial would begin. Nevertheless, Del Ponte said that Thaci did admit during one<br />

conversation that the KLA committed crimes in Kosovo. She replied that she commenced<br />

investigation in regard to that on which he reacted by huge surprise and fear. 77<br />

Thaci did not have to defend himself in ICTY, but Ramush Haradinaj had to. This<br />

74 Ibid<br />

75 Carla del Ponte and Cak Sudetic, Gospodja Tuziteljka: Suocavanje s Najtezim Ratnim Zlocinima i<br />

Kulturom Nekaznjivosti (Beograd: Profil Knjiga, 2008), 268.<br />

76 Ibid, 268-69.<br />

77 Ibid, 271.


Boshkovich 33<br />

well known KLA leader was elected by the Kosovo Assembly as a Prime Minister of<br />

Kosovo in 2004. Based on Del Ponte‘s investigation, Haradinaj was accused for crimes<br />

against humanity and violations of laws of war. 78 Once again, Del Ponte made sure that<br />

all accusations against Haradinaj were still to be proved (just on one page (281) of her<br />

book she used word supposed 5 times before particular accusation made by witnesses).<br />

Haradinaj found out about an indictment in March 2005, which was followed by his<br />

patriotic speech. According to Del Ponte, it seemed that Søren Jessen-Petersen who was<br />

chief of the UNMIK mission in Kosovo at that time was even sadder about this<br />

accusation than Haradinaj himself. Jessen-Petersen said in his statement that it is very<br />

painful that Mr. Haradinaj has to go to Hague, but he called all citizens of Kosovo to stay<br />

calm and show same dignity that was showed by Haradinaj. 79<br />

Fortunately for Haradinaj, the entire process against him in ICTY was poorly<br />

prepared and followed by the disappearance of all crucial witnesses. Del Ponte tried to<br />

find some excuse for that, such as the fact that those few Albanians from Kosovo who<br />

wished to give testimony would have to be protected along with their families and moved<br />

to third countries which were not ready to accept them. 80 Another explanation for a lack<br />

of witnesses is evident in Nazim Bllaca‘s decision to talk. This man was member of<br />

Kosovo‘s Intelligence Agency, for which he committed homicides, attempts of<br />

homicides, and threats. Bllaca said that at that time he thought he was helping Kosovo,<br />

but later on he found out that it was not the case. 81 His activities include the bribery<br />

(150,000 Euros) of Riza Rehaj who was supposed to be a witness in Hague in trial<br />

78 Ibid, 281.<br />

79 Ibid, 283-84.<br />

80 Ibid, 270.<br />

81 Blic Online, ―Blaca: Tacijevi Saradnici su mi Naredjivali da Ubijam Ljude,‖ November 29, 2009,<br />

http://www.blic.rs/politika.php?id=123057


Boshkovich 34<br />

against Fatmir Limaj, one of the KLA commanders. 82 Because of that, at the court Rehaj<br />

changed his original testimony. Besides that, Bllaca admitted that he also killed one<br />

witness in Limaj‘s case. 83 Anyway, Haradinaj was just another KLA leader that was<br />

proclaimed innocent in front of ICTY because their prosecutors did not have enough<br />

evidence to put him in jail. Also, this KLA leader had very expensive lawyers from the<br />

law firm where one of employees is Cherie Blair (wife of British Prime Minister, at that<br />

time, Tony Blair who was a strong advocate of bombing as well as independence of<br />

Kosovo) for which he paid millions of Euros. 84 Once again, different than for many<br />

Serbian generals, money was not the problem. However, at present signals from Hague<br />

are giving some hope that Haradinaj might have a renewed trial, but it is yet to be<br />

confirmed.<br />

Serbian Intelligence Agency (BIA) in her ‗White Book‘ also presented some<br />

valuable information regarding the KLA. According to BIA, between 1996 and 1999 the<br />

KLA have received 900 million of German Marks, and half of that was made by drug<br />

trafficking. Besides that, Albanians from Europe that were in charge of the financing of<br />

the KLA where involved in trafficking persons, and the smuggling of weapons. A<br />

sizeable amount of money was collected through imposed tax to Albanians that work<br />

abroad (3% of their income) which they were forced to pay. The KLA had a special<br />

department in charge of Serbians enclaves. Their task was to make the remaining Serbs to<br />

leave Kosovo and at the same time make sure that Serbs that are IDPs (Internal<br />

82 Limaj was accused along with three other KLA members of torturing and killing civilians, BBC Online,<br />

―Prominent Kosovo Suspect Held,‖ February 19, 2003, http://news.bbc.co.uk/2/hi/europe/2778079.stm<br />

83 Vuk Z. Cvijic and Nedjeljko Zeljak. ―Zastrasivali Svedoke da ne Optuze Tacija i Limaja,‖ Blic Online,<br />

December 12, 2009, http://www.blic.rs/hronika.php?id=123394<br />

84 The Centre for <strong>Peace</strong> in the Balkans Online, ―U.S. Praises Incident Former Kosovo P.M,‖ May 1, 2007,<br />

http://www.balkanpeace.org/index.php?index=article&articleid=14323


Boshkovich 35<br />

Dislocated Persons) won‘t come back. 85 Even today the KLA is still active in Europe.<br />

This time they are better known as ‗Albanian Mafia‘ which is growing stronger every<br />

day. Just recently some of their members were caught in London in attempt to sell a girl<br />

to another group of Albanians. Albanians already control most of the prostitution in<br />

Greece, Germany, and Italy, where they are preparing to take the jobs of the Italian<br />

mafia, especially in Milan. According to data from Belgian police department specialized<br />

for Albanian organized crime, Albanian mafia is dominant in illegal activities. Experts<br />

think that war in Kosovo played a crucial role in spreading of Albanian mafia in<br />

Europe. 86 Even the famous Russian mafia is avoiding confrontations with Albanians due<br />

to their brutality.<br />

85 Vuk Z. Cvijic. ―Taci Bio Sef Obavestajne Sluzbe na Kosovu,‖ Blic Online, December 9, 2009,<br />

http://www.blic.rs/hronika.php?id=124554<br />

86 Blic Online, ―Prodavali Devojku za Tri Hiljade Funti,‖ December 8, 2009,<br />

http://www.blic.rs/svet.php?id=124352


Section B; Road to <strong>Rambouillet</strong><br />

Boshkovich 36<br />

The beginning of the end started in the spring of 1998. That year separatists in<br />

Kosovo initiated a real guerilla war. Almost every day the KLA would kill couple of<br />

members of the Serbian armed forces from the ambush, in addition to attacks on<br />

‖Albanian traitors‖ and non-Albanians. 87 On the other side, Milosevic organized<br />

referendum regarding the involvement of the international community in this conflict in<br />

Kosovo. As expected, a vast majority of the Serbian population voted against<br />

internationalization of the internal issues of Serbia. Arrogant Milosevic was very satisfied<br />

with the result of referendum, which he saw as approval to handle this conflict in the<br />

same manner. He sent more troops to Kosovo to protect the borders and to deal with the<br />

KLA.<br />

Due to an enormous use of armed forces, Clinton‘s administration treated<br />

Yugoslavia with bombing. Even Mr. Cosic found this ironic because USA bombed<br />

countries that just might be connected to attacks on USA embassies in Africa while<br />

Yugoslavia was not allowed to fight against terrorists on her own territory. However, to<br />

make sure that any future intervention has some legitimacy, the UN Security Council<br />

voted for resolution that will allowed NATO to intervene against ―country that<br />

threatening international peace‖, regardless of the fact that NATO was established to<br />

protect only those countries that are members of that organization. In the meantime,<br />

Adem Demaci, ―political leader of the KLA‖ appealed to his ―army‖ to ―fight against<br />

Serbian occupation until entire liberation of Kosovo‖. 88<br />

87 United Nations, International Criminal Tribunal for the Former Yugoslavia, ―Indictment against Ramush<br />

Haradinaj, Idriz Balaj and Lahi Brahimaj Released to the Public,‖ March 10, 2005,<br />

http://www.icty.org/sid/8631<br />

88 Dobrica Cosic, Kosovo (Beograd: Novosti, 2004), 89.


Boshkovich 37<br />

The international community ordered Milosevic to sign the agreement with<br />

Organization for Security and Co-operation in Europe (OSCE) regarding the engagement<br />

of this organization‘s mission in Kosovo. This ―agreement‖ had 37 entries mainly made<br />

to control Serbian armed forces without having to fight with them. This includes: turning<br />

of all radars upon request of NATO headquarter in Vicenza, control of movements of all<br />

Serbian border patrols (it was practically impossible to set an ambush for Albanian<br />

terrorists that were smuggling weapons from Albania with all those OSCE employees<br />

next to Serbian soldiers, especially because the OSCE had orange SUVs to make<br />

themselves distinguishable), permission for NATO unmanned aircrafts to control the<br />

entire region of Kosovo, etc. However, there was not any part of the agreement that<br />

obligated Albanians to do anything. 89 Nevertheless, only ten days later, on 27 th October<br />

1998, NATO commandant General Wesley Clark ordered Milosevic to pull his entire<br />

army back to barracks, in addition to a request that Serbian police abandon her positions<br />

on main roads in Kosovo (today‘s situation in Iraq proves how difficult is to pull troops<br />

from the battlefield in short period of time). Once again, Milosevic accepted to do<br />

everything under the threat of usage of NATO aviation. Serbs were shocked seeing all<br />

those military convoys in retreat from Kosovo. Of course, this created vacuum on the<br />

battlefield which made a great opportunity for the KLA to continue with their activities.<br />

In the absence of enough support of the Serbian army, special police were forced<br />

to fight with the KLA mainly on her own. The turning point was an incident in the village<br />

of Racak, which happened on 17 th January 1999. The KLA killed a couple of members of<br />

the Serbian armed forces in an ambush, which was followed by police intervention and<br />

89 Ibid, 94.


Boshkovich 38<br />

the killing of some KLA terrorists. 90 According to Serbian authorities, during the night<br />

the KLA brought more bodies on this location, and also changed uniforms from fallen<br />

terrorists so they would look like civilians, and according to a German documentary<br />

movie this is something that also occurred in the village of Rugovo (Serbs were accused<br />

for the massacres of civilians in Rugovo, but in reality there was a combat in which 24<br />

KLA members and one police officer died, and according to OSCE there were not any<br />

massacres but western media was never willing to say that). 91 Nevertheless, in the<br />

morning Albanians called Mr. William Walker (head of OSCE mission in Kosovo who<br />

was delegated to this position by Secretary Albright 92 which just proves how even this<br />

European organization was just a toy of Clinton‘s administration) who came in company<br />

with the KLA to see what happened in Racak (later on, during the trial against Milosevic,<br />

Walker could not remember that he was there with the KLA, but, pictures from<br />

newspapers reminded him). This was not the first time that Mr. Walker had a problem<br />

with his memory. A great example is his testimony in BBC‘s documentary movie ―Moral<br />

Combat-NATO at War‖, where he said that he did not call his superiors from Racak<br />

while Mr. Holbrook and General Clark claim that he called them immediately from the<br />

scene. 93 Nevertheless, Mr. Walker did obviously inform his mentors as soon as possible<br />

about the killing of 46‘innocent civilians‘, even if some of them did not have holes from<br />

bullets on their clothes due to a changing of uniforms. Finnish forensic experts in a final<br />

90 Ibid, 101.<br />

91 YouTube Online, Bettina Kapune, ―It started with a Lie - NATO Aggression against Serbia 1999 Part 3,‖<br />

Westdeutschen Rundfunks (WDR), 2001, http://www.youtube.com/watch?v=3kuhfyd6bJs&NR=1<br />

92 YouTube Online, Aidan Laverty and Tom Giles, ―Moral Combat - NATO at War - Part 3,‖ BBC<br />

Production , 2000, http://www.youtube.com/watch?v=X7J2Uqxh194&feature=related<br />

93 YouTube Online, Aidan Laverty and Tom Giles ―Moral Combat - NATO at War - Part 4,‖ BBC<br />

Production , 2000, http://www.youtube.com/watch?v=S2G-FHu4P_8&feature=related


Boshkovich 39<br />

report on the circumstances of the deaths two years ago of some 40 people in the village<br />

of Racak in Kosovo found no evidence of a massacre by Serb security forces. 94<br />

Some experts in Serbia claim that this was well prepared performance with<br />

purpose to invite NATO bombs, just like in case of Bosnia 1994, when, according to<br />

some sources 95 , Muslims in Sarajevo conducted attack on ―Markale‖ market place in<br />

downtown of Sarajevo just to blame the Serbs. That time dozens of people were killed<br />

and injured which was a justification for NATO bombing of Serbian positions in Bosnia<br />

and Herzegovina. Even British General Michael Rose who was commander of UN troops<br />

in Bosnia at that time argues about this tragedy in his book as something that happened<br />

under suspicious circumstances. Because of that, his book was used by Milosevic in the<br />

trial in ICTY, but also became an interesting topic for Rose‘s critics such as Noel<br />

Malcolm. Malcolm did not like Rose‘s observation that "French military engineers"<br />

suggested that, because the market was almost surrounded by high buildings, "the bomb<br />

might not have been fired from a mortar at all, but detonated in situ". But the French<br />

military engineers were not the only team that investigated this massacre. There were two<br />

more teams, and in final statement it was said that ―The final verdict of this team was that<br />

the mortar had been fired from the north-north-east, from a distance of between 300 and<br />

5,551 metres. This meant that it could have come from either Bosnian Army or Serb<br />

positions: the scientific evidence was simply inconclusive.‖ 96 Yet, regardless of the fact<br />

that it was possible that Serbs were not responsible for this massacre, NATO commenced<br />

94 Bassuener Kurt, ―Week in Review-January 20-26, 1999,‖ Balkans Watch 2, no. 4 (1999),<br />

―http://www.publicinternationallaw.org/programs/balkans/Balkan%20Action%20Council%20Archives/BW%202.4.do<br />

c<br />

95 Jim Fish, ―Sarajevo Massacre Remembered,‖ BBC Online,<br />

http://news.bbc.co.uk/2/hi/europe/3459965.stm<br />

96 General Sir Michael Rose, ―Fighting for peace: Bosnia 1994,‖ Bosnian Institute Online,<br />

http://www.bosnia.org.uk/about/bi_books/long_reviews.cfm?book=148


Boshkovich 40<br />

bombing of Serbs in Bosnia. This is an excerpt from UN‘s report that supports the theory<br />

that this event led to intervention: ―On 5 February 1994, a mortar round exploded in the<br />

Markale marketplace in downtown Sarajevo killing 68 people, mostly Bosniac civilians,<br />

and injuring over 200. Images of the carnage, which were captured by television crews,<br />

were then transmitted around the world, provoking outrage‖. 97<br />

Hopefully the history will show what really happened in Sarajevo, but for this<br />

paper it is more important to find out if Racak was just a performance for the western<br />

audience. According to Helena Ranta, forensic dentist from Finland, William Walker<br />

threw the pencil at her in the winter of 1999 because she did not want to use stronger<br />

language about the Serbs. She also said that the Ministry of Foreign Affairs attempted to<br />

manipulate the content of her reports while she was appointed by EU to investigate the<br />

incident in Racak. She added that pressure regarding incident of Racak was very high,<br />

including the one that came from media. ―In her investigations, Ranta focussed on<br />

forensic medicine; she did not want to take a stand, at that stage, on politically and legally<br />

loaded terminology‖. 98<br />

Finish forensics were not the only one that were involved in the investigation of<br />

Racak. Belarus and Serbian forensics revealed that on the hands of 37 killed Albanians<br />

(from examined 40) they found tracks (using the method of paraffin glove) of<br />

gunpowder, which is the evidence that they used weapons before they died, but no one<br />

cared about that. 99<br />

97 United Nations, ―Report of the Secretary-General pursuant to General Assembly resolution 53/35: the<br />

fall of Srebrenica,‖ November 15, 1999, http://www.un.org/news/ossg/srebrenica.pdf<br />

98 Helsingin Sanomat. ―Helena Ranta: Foreign Ministry Tried to Influence Kosovo Reports.‖ Kosovo<br />

Compromise. http://www.emperors-clothes.com/analysis/meetmr.htm<br />

99 Vecernje Novosti Online, ―U Reziji Vokera,‖ January 15, 2010,<br />

http://www.novosti.rs/code/navigate.php?Id=4&status=jedna&vest=168147&title_add=U%20re%C5%BEi


Boshkovich 41<br />

Some politicians were reserved from the very beginning in regard to Mr. Walker<br />

due to rumors that he covered up the massacres of El Salvador‘s government back in<br />

1989. In the investigation of this rumor, the author of this research found out that when<br />

President Clinton wanted to make William Walker the Ambassador to Panama, back in<br />

1993, the Church in Panama and local politicians reacted very fast accusing him for<br />

involvement of the assassination of five priests in El Salvador in November 1989. "'The<br />

Jesuit order at the time denounced the complicity of the U.S. Embassy (headed by<br />

Walker) in the case, for concealing evidence, obstructing the investigation, pressuring<br />

judges to impede the trial process, and terrorizing witnesses,' Valdes said." 100<br />

On top of that, Fernando Garcia, Jesuit priest, said that ―Walker was 'a symbol of<br />

the destruction of life' while he was ambassador in El Salvador." 101<br />

Even Mr. Petritsch, one of the three co-presides of the <strong>Rambouillet</strong> <strong>Conference</strong>,<br />

said that Mr. Walker was always taking terrorists under protection and that way proved<br />

his anti-Serbian position. 102<br />

Nevertheless, Racak incident was initial capsule for NATO intervention which<br />

was actually already prepared. 103 However, as Serbian politicians claim, to gain<br />

international support for this intervention, ―International Community‖, popularly called<br />

―the Contact Group‖ (consisted of ministries of foreign affairs from USA, UK, France,<br />

Germany, Italy, and Russia) organized peace conference in <strong>Rambouillet</strong> (just out of<br />

ji%20Vokera&kword_add=bombardovanje%2C%20racak; This is a story from Serbian newspaper<br />

Vecernje Novosti, which is a very credible agency.<br />

100 Inter Press Service, ―Panama: Jesuits Oppose U.S. Ambassador Designate,‖ July 22, 1993,<br />

http://www.mail-archive.com/forum.zagraniczne@3w3.net/msg00529.html<br />

101 Ibid.<br />

102 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 64.<br />

103 Madeleine Albright, Madam Secretary: A Memoir (New York: Easton Press, 2003), 383; Secretary<br />

Albright talked about gaining support for bombing almost a year before the bombing. She said: ―To make<br />

that [threat of force] credible, it was vital for NATO to begin laying plans for a bombing campaign‖.


Paris) as a last attempt to avoid war against Yugoslavia.<br />

Boshkovich 42<br />

The most important points from the statement of the Contact Group that was<br />

issued on 29 th January are that regardless of efforts that were made by international<br />

community violence was still part of daily life in Kosovo. At the same time ‗the massacre<br />

of Kosovo Albanians in Racak‘ resulted in several thousands of people that had to escape<br />

from their homes. Surprisingly, in second article of this statement one can found that the<br />

Contact Group (CG) blamed both, Yugoslav armed forces and the KLA for escalation of<br />

violence. Therefore, Ministers of the Contact Group urged both sides to accept<br />

negotiations that would lead to political settlement. For that purpose the CG insisted that<br />

all sides accept ‗the basis for a fair settlement must include the principles set out by the<br />

Contact Group‘. Also, it was asked that negotiators include the elements of ‗substantial<br />

autonomy for Kosovo‘ as a framework for the agreement. (Appendix, page 121)<br />

The CG also demanded that both sides send their delegations to <strong>Rambouillet</strong> by<br />

the sixth of February, where they would participate in the negotiation process led by co-<br />

chairmen Hubert Vedrine and Robin Cook (French and British Ministers of Foreign<br />

Affairs). This process was originally meant to last seven days, but as it will be explained<br />

in the following chapters of this paper, it lasted longer. Additionally, the CG required that<br />

both sides restrain from military actions, and said that ‗The Contact Group will hold both<br />

sides accountable if they fail to take the opportunity now offered to them‘. 104<br />

104 United Nations, Security Council, January 29, 1999, http://www.un.org/peace/kosovo/s9996.pdf this<br />

statement will be also available in the appendix I of this research.


Chapter III<br />

Boshkovich 43<br />

The <strong>Rambouillet</strong> text, which called on Serbia to admit NATO troops throughout<br />

Yugoslavia, was a provocation, an excuse to start bombing. 105 <strong>Rambouillet</strong> is not a<br />

document that any Serb could have accepted. It was a terrible diplomatic document that<br />

should never have been presented in that form.<br />

—Henry Kissinger, Daily Telegraph, June 28 1999 106<br />

Section A; Actors<br />

The brief version of the proposed document (available in appendix II) explains<br />

that <strong>Rambouillet</strong> accords are agreement made for a period of three years. That agreement<br />

would cover the most important aspects of life for citizens of Kosovo: self-government,<br />

peace, and security. Regarding democratic self-government it was said that it was meant<br />

to cover education, health care, and financial development. In addition to that, both sides<br />

were to agree that Kosovo will have a President, an Assembly, independent courts, local<br />

government, and ―national community institutions with the authority needed to protect<br />

each community's identity‖. On the subject of security it was explained that international<br />

troops will take care of that. At the same time local police would provide law<br />

enforcement while Serbian and Yugoslav security forces were supposed to leave Kosovo<br />

(the exception was small number of border patrols). In section that covers ‗mechanism<br />

for final settlement‘ it was said that after three years the international community would<br />

hold the meeting in which they would find the final solution for Kosovo. On that meeting<br />

they would take very seriously in to consideration ‗the will of the people, opinions of<br />

relevant authorities, each party's efforts regarding the implementation of the Accords, and<br />

105 Ian Bancroft, ―Serbia‘s Anniversary Is a Timely Reminder,‖ Guardian Online, March 24, 2009,<br />

http://www.guardian.co.uk/commentisfree/2009/mar/24/serbia-kosovo<br />

106 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 189.


the Helsinki Final Act‘. 107<br />

Boshkovich 44<br />

The entire agreement (Appendix III) which was signed only by Albanians was<br />

eighty two pages long (―…they [Albanians] officially signed the eighty-two-page<br />

agreement in a five-minute ceremony boycotted both the Yugoslav delegation and the<br />

Russian negotiator.‖) 108 , and the Serbs had a huge number of complaints which most of<br />

the time were not accepted. However, the agreement discussion will follow after<br />

description of the delegations, which had actually never met in <strong>Rambouillet</strong>, except when<br />

they would see each other by accident in the hallways. The reason for this was host‘s<br />

decision to implement shuttle diplomacy rather than direct negotiations which Yugoslav<br />

delegation favored. 109<br />

The negotiators<br />

Serbian delegation<br />

The Serbian delegation in <strong>Rambouillet</strong> was represented by five high-ranking allies<br />

of Milosevic in addition to representatives of other ethnic groups from Kosovo. The<br />

107 The State Department Online, http://www.state.gov/www/regions/eur/fs_990301_rambouillet.html<br />

108 Madeleine Albright, Madam Secretary: A Memoir (New York: Easton Press, 2003), 405.<br />

109 Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 203.


Boshkovich 45<br />

reason for this is Serbia‘s desire to highlight that Albanians are not the only minority in<br />

Serbian southern province. Therefore this is how the Yugoslav/Serbian delegation was<br />

represented:<br />

- Ratko Markovic; professor of law, constitutional expert, Serbian Deputy<br />

Minister, and delegate of Socialist Party.<br />

Ratko Markovic<br />

- Nikola Sainovic; point of contact of Serbian Government on all matters regarding<br />

Kosovo, in charge for negotiations including ceasefires and exchanges of<br />

prisoners, former Minister of Economy, Yugoslav Deputy Prime Minister, and<br />

also delegate of Socialist Party.<br />

- Vladan Kutlesic; Yugoslav Deputy Prime Minister.<br />

- Vladimir Stambuk; Serbian Deputy Speaker.<br />

- Vojislav Zivkovic; Chairman of the Socialist Party's branch in Kosovo.<br />

- Guljbehar Sabovic; Member of the Kosmet (Kosovo and Metohija) Provisional<br />

Executive Council.<br />

- Refik Senadovic; Representative of the Muslim national Community.<br />

- Zejnelabidin Kurejs; Representative of the Turkish Democratic Party and the Turk<br />

national community.


- Ibro Vait; Representative of Goranies national Community.<br />

Boshkovich 46<br />

- Faik Jasari; President of the Kosovo Democratic Initiative (ethnic Albanian<br />

political party).<br />

- Sokolj Cuse; President of Democratic Reform Party of Albanians.<br />

- Ljuan Koka; President of Co-ordinating Council of the Yugoslav Association of<br />

Romanies and representative of the Romanian national community.<br />

- Cerim Abazi; Representative of the Egyptian national community.<br />

Of course, it is noticeable that Yugoslav President Slobodan Milosevic, as well as<br />

Serbian President Milan Milutinovic were not members of the Yugoslav/Serbian<br />

delegation (for simplicity it will be called the Serbian delegation).<br />

Ethnic Albanian delegation<br />

Albanian delegation had 16 delegates, and the most important of those were:<br />

- Ibrahim Rugova; President of so-called Republic of Kosovo since 1992 and<br />

leader of ethnic Albanian community in Kosovo.<br />

Ibrahim Rugova<br />

- Fehmi Agani; Rugova‘s ally, one of the leaders of Democratic League of Kosovo<br />

(LDK), professor of philosophy.


- Veton Surroi; journalist with many important contacts in the West.<br />

Boshkovich 47<br />

- Rexhep Qosja; an academic that was advocate of a greater Albania that would<br />

bring together in one country (Albania) Albanians from Kosovo and other<br />

neighboring countries.<br />

- Jakup Krasniqi; former teacher from Drenica (KLA stronghold), KLA‘s<br />

spokesman.<br />

- Ram Buja; former member of leadership of Rugova‘s Party (LDK), senior KLA<br />

official ―for civilian affairs‖.<br />

The only surprise regarding this delegation was that Adem Demaci was not part of it.<br />

He was opponent of Serbian rule in Kosovo for almost 30 years. But in the late 90‘s he<br />

became critic of Rugova because of his non-violent approach. Besides that, he was the<br />

KLA‘s political representative, but the KLA did not take in account his advice to ignore<br />

<strong>Rambouillet</strong> <strong>Peace</strong> <strong>Conference</strong>. 110<br />

All these names of the members of the delegations are easy to find in numerous<br />

sources that covered this conference. However, the most known media that covered the<br />

<strong>Conference</strong>, such as BBC, did not know all names that will appear in <strong>Rambouillet</strong>,<br />

including some KLA members.<br />

Mr. Mitic (career diplomat of Yugoslavia) who was also one of the members of<br />

delegations that was not mentioned offers more information regarding this matter.<br />

According to Mr. Mitic, he and Professor Etinski were added to the Serbian delegation as<br />

experts, beside two officials from SMIP (Federal Ministry of Foreign Affairs) and other<br />

personnel from the same Ministry. Additionally, Mitic discussed what the role of<br />

110 BBC Online, ―Europe Kosovo Talks: The Negotiators,‖ February 6, 1999,<br />

http://news.bbc.co.uk/2/hi/europe/273830.stm


individuals in respective delegations was, particularly in Serbian delegation.<br />

Boshkovich 48<br />

Professor Markovic was just officially a head of the delegation. In reality, Mr.<br />

Sainovic was the chief because Milosevic had full confidence in him. As Markovic said<br />

to other members of Serbian delegation: ―In the way that this duck on the lake is the<br />

owner of this castle, I am the head of the delegation! Besides, that is something that I do<br />

not have to explain to you, you saw that yourself!‖ 111 (Mitic‘s book is in Serbian and this<br />

is one of translations made by the author of this paper, just like in cases of Simic,<br />

Komnenic, Cosic, and some texts from Serbian newspapers). Additionally, Serbian<br />

President Milutinovic joined the <strong>Conference</strong> to prove that Yugoslavia did take the<br />

<strong>Conference</strong> seriously. He ignored Markovic‘s suggestions even if he was usually right.<br />

Occasionally, Milutinovic would use attributes such as a traitor to critique Markovic.<br />

Other than Markovic and Sainovic, Kutlesic and Stambuk were also important<br />

members of the delegation, while other members would be informed occasionally about<br />

the talks. Those others were mainly representatives of minorities from Kosovo who were<br />

seeing by westerners just as an ornament to Serbian delegation. 112 According to Austrian<br />

Ambassador Wolfgang Petritsch (one of three co-presides of the <strong>Conference</strong>), Kutlesic,<br />

Markovic, and Sainovic were competent and willing to find the solution that was<br />

acceptable for both sides, while other members of Serbian delegation did not have<br />

anything to say. 113<br />

111 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 81.<br />

112 Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 221.<br />

113 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 83.


Boshkovich 49<br />

Speaking of Albanian delegation, it is very important to mention that the head was<br />

not Rugova but Hasim Thaci, the top leader of the KLA (present Prime Minister 114 ). Most<br />

likely that Albanians would not accept Thaci as the chief of their delegation without an<br />

influence from someone from the side, which was probably Madeleine Albright. Between<br />

the other two KLA fighters, Thaci succeeded to come to <strong>Rambouillet</strong> with the help of<br />

OSCE mission in Kosovo, regardless of the fact that he did not have a passport or other<br />

legal documents. However, French issued them travel documents. 115 Besides Thaci, there<br />

are other important members of the delegation that were not mentioned in media before<br />

the conference. Those are experts in Albanian delegation that were mostly Americans<br />

with their chief, Morton Abramowitz. 116<br />

Secretary Albright and Hasim Thaci – nick<br />

name ―Snake‖ (as stated in Latin say; nomen atque omen-name fits the object-I.B.) in <strong>Rambouillet</strong> 117<br />

114<br />

Central Intelligence Agency, ―Kosovo: Chiefs of State and Cabinet Members of Foreign Governments,‖<br />

May 12, 2009, https://www.cia.gov/library/publications/world-leaders-1/world-leaders-k/kosovo.html<br />

115<br />

Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 200.<br />

116<br />

Diana Johnstone, ―Nato‘s Mixed Motives,‖<br />

http://www.spokesmanbooks.com/Spokesman/PDF/Johnstone69.pdf; Abramowitz may be considered the<br />

éminence grise behind the US policy of support to the Albanian secessionists in Kosovo<br />

117<br />

Srpska Politika Online, http://www.srpskapolitika.com/Tekstovi/Komentari/2009/latinica/033.html.


Boshkovich 50<br />

According to David Livingstone, Abramowitz was often associated to CIA‘s<br />

activities abroad. 118 Other than that, Abramowitz was the leader of the group of 32<br />

American intellectuals who wrote a letter to President Clinton titled ―Milosevic is the<br />

Problem‖ (22 nd September 1998), in which they stated that the Balkan won‘t be peaceful<br />

and stable until Milosevic is in power. And one of the crucial things in regard to<br />

Abramowitz is that he is a close friend of Madeleine Albright, for which Tim Judah said<br />

that is not insignificant. 119 Of course that this is very significant because Abramowitz<br />

represented the Albanian delegation, while his close friend represented the international<br />

community to include both, the stick and the carrot. What then Serbian delegation had to<br />

expect? The only chance was to put someone more important in to Serbian delegation,<br />

but Serbs never understood that part of the game. It is not important who is right, it is<br />

about good advocates.<br />

Since the Albanians acted like rich clients that could afford all the best lawyers,<br />

they engaged many other western experts to fight for them: Paul Williams, an expert for<br />

international law from Washington D.C.; Marc Weller, Professor of International Law<br />

from Cambridge; Shinasi Rama from Columbia <strong>University</strong> who was in charge for the<br />

KLA public affairs in New York. 120<br />

When speaking of three co-presides of the <strong>Conference</strong>, except for the already<br />

mentioned Petritsch, the other two were American Ambassador Christopher Hill, and<br />

Russian Ambassador Boris Majorski. Officially these three individuals were supposed to<br />

be equal, but it was obvious that Mr. Hill was ‗playing the first violin‘, while Petritsch<br />

118 Word Press Online, ―Uighur Nationalism, Turkey and the CIA,‖<br />

http://eldib.wordpress.com/2009/08/03/uighur-nationalism-turkey-and-the-cia/; Morton Abramowitz was<br />

also deeply involved with Afghan Mujahedeen and Kosovo rebels.<br />

119 Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 205.<br />

120 Ibid.


Boshkovich 51<br />

and Majorski were just assistants. While Hill was most sympathetic to the KLA, Majorski<br />

was making sure that he was not in opposition to Americans, but at the same time he was<br />

doing his best not to confront with Yugoslav delegation, even if he (along with his<br />

assistant Bazdnikin) acted sometimes as a ‘bigger Catholic than the Pope‘, criticizing<br />

Serbs for refusing to accept the paper proposed by the Contact Group. 121 Regardless of<br />

the fact that Mr. Hill was the most influential co-preside of the <strong>Conference</strong>, it is<br />

noticeable that Europeans were trying to show that they also had an important role in<br />

these talks. As published in The New York Times:‖…the French Government controlled<br />

the ground rules. The Americans, for example, wanted NATO military officials in<br />

uniform at the conference as a confidence-building measure for the Albanians. The<br />

French Government blocked their presence.‖ 122<br />

Among other individuals that are important to mention in regard to this<br />

conference are official hosts (co-chairmen) Hubert Vedrine (French Foreign Minister),<br />

and Robert Cook (British Foreign Minister). Of course it would be unacceptable not to<br />

mention the most important figure of the entire conference, Secretary of State Madeleine<br />

Albright.<br />

Despite being a very high ranking diplomat, who should refrain from announcing<br />

publicly negative opinions about her counterparts, Albright never tried to hide her<br />

extremely negative opinion about Milosevic. Regardless of the fact that Slovenia declared<br />

independence, violating the constitution of the SFRY (Socialistic Federative Republic of<br />

Yugoslavia), which was followed by an attempt of JNA to secure the borders, as well as<br />

121 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 98.<br />

122 Jane Perlez, ―Diplomat vs. Rebels,‖ New York Times, February 25, 1999,<br />

http://www.nytimes.com/1999/02/25/world/diplomat-vsrebels.html?n=Top/Reference/Times%20Topics/People/C/Clinton,%20Bill&scp=9&sq=<strong>Rambouillet</strong>%20pe<br />

ace%20conference%201999&st=cse


Boshkovich 52<br />

Croatian ethnic cleansing of Serbs in 1995 123 , and civil war in Bosnia for which all three<br />

sides were responsible (this time Serbs were military superior, but confrontation started<br />

by killing of one Serbian in downtown of Sarajevo during his son‘s wedding), Albright<br />

stated in her memoirs that ―Milosevic already started three wars in the Balkans (against<br />

Slovenia, Croatia, and Bosnia). He seemed ready to begin a fourth‖. 124 She insisted that<br />

Milosevic has to be threatened by NATO if negotiations were meant to be possible.<br />

Therefore, she started to gain support for NATO intervention almost a year before the<br />

bombing. Albright was very satisfied when Robert Gelbard, Clinton‘s envoy for the<br />

Balkan agreed that ―…it was vital for NATO to begin laying plans for a bombing<br />

campaign‖ 125 back in April 1998.<br />

On the other hand, Albright was very empathetic with the Albanians. During one<br />

of her meetings with Rugova she said that ―[Rugova] said the goal of Albanians was<br />

independence, but they might accept an interim status as an international protectorate or<br />

even, he joked, as the fifty-first American state‖. 126 On the same page of her book in a<br />

footnote Albright said something that is common knowledge on the Balkan, but not for<br />

the rest of the world: ―Macedonia and Greece strongly opposed independence for Kosovo<br />

because they feared it might inflame separatist ambitions within their own ethnic<br />

Albanian populations….More generally, some Europeans feared that an independent<br />

Kosovo would become a hotbed of Islamic extremism and organized crime‖. 127<br />

123<br />

Rebecca Sumner, ―A New World Order,‖ London Daily Online, http://www.london-daily.com/art/ldrebec.htm<br />

124<br />

Madeleine Albright, Madam Secretary: A Memoir (New York: Easton Press, 2003), 380.<br />

125 Ibid, 383.<br />

126 Ibid, 385.<br />

127 Ibid, 385.


Boshkovich 53<br />

Most of the thoughts that Albright put in her memoirs regarding the Balkan<br />

described Albanians as innocent victims; while she forgot to talk about crimes committed<br />

against Serbs. To make her stories more emotional and impressive she would talk about<br />

Serbian crimes in detail, using an opportunity to blame Milosevic for everything, even if<br />

he was not even close to the place where a particular incident had occurred. Here is one<br />

of those examples; ―Three men, including a ninety-five-year-old paralytic, were burned<br />

to death in their homes. Another sixteen civilians were found shot or hacked to death in<br />

nearby villages. This was Milosevic‘s answer to the United Nations and NATO‖. 128 Not<br />

to mention how all these reports were questionable, just like the one from the Racak.<br />

Nevertheless, careful readers of Albright‘s memoirs will find from time to time<br />

sentences that are not in favor of Albanians. Here is an example; ―Often indiscriminate in<br />

their [KLA] attacks, they seemed intent on provoking a massive Serb response so that<br />

international intervention would be unavoidable‖. 129 These kinds of tactics were<br />

something that the writer of this paper would have used back in childhood to gain father‘s<br />

support in fights with his older brother, but no one would imagine that the same<br />

technique can be used on such a high level.<br />

In her description of the Albanian delegation, one could see that Albright found<br />

Rugova enigmatic, Surroi pragmatic, and Thaci problematic. Nevertheless, she found<br />

Thaci very important and talked to him often trying to convince him to accept agreement<br />

which he wanted to refuse because Albanians were supposed to wait three years before<br />

the referendum in which they could vote for independence. Albright said: ―…we were<br />

disappointed in him [Thaci], that if he thought we would bomb the Serbs even if the<br />

128 Ibid, 388.<br />

129 Ibid, 386.


Boshkovich 54<br />

Albanians rejected the agreement, he was wrong. We could never get NATO support for<br />

that. ‗On the other hand,‘ I said, ‗if you say yes and the Serbs say no, NATO will strike<br />

and go on striking until the Serb forces are out and NATO can go in. You will have<br />

security. And you will be able to govern yourselves‖. 130 Or as better explained in The<br />

New York Times; ―…after intense arm-twisting by the U.S., the Albanian Kosovars said<br />

yes. This was a dishonest yes -- it was a yes that was given not because the Kosovars<br />

truly embraced <strong>Rambouillet</strong>, but because it was whispered in their ears that if they just<br />

said yes and the Serbs said no, NATO would bomb the Serbs…‖ 131 Are these two<br />

explanations strong enough pieces of evidences to see how the entire process in<br />

<strong>Rambouillet</strong> was just a performance for the international community that was used to<br />

make an excuse for bombing? Why? That is something that is not easy to find out. One<br />

might assume that the USA wanted to show to the world that they are not always against<br />

Muslims (both, in Bosnia and Kosovo Muslims were supported by the USA). Also, it is<br />

possible that the West wanted to weaken Serbia because of its strong relationship with<br />

Russia. In addition to that, it seemed that the USA was hardly waiting to bomb Serbia as<br />

a punishment for the war in Bosnia. However, most likely the main reason was a strong<br />

Albanian lobby in the USA which will be discussed later in this research.<br />

Obviously Secretary Albright knew what she was talking about because she was<br />

aware that Yugoslav delegation would never accept the agreement so she had to make<br />

sure that Albanians would put their signature on the document. Unfortunately, Secretary<br />

Albright missed an opportunity to explain why Yugoslav authorities could not accept<br />

130 Ibid, 403.<br />

131 Thomas L. Friedman , ―Foreign Affairs; Kosovo‘s Three Wars,‖ New York Times, August 6, 1999,<br />

http://www.nytimes.com/1999/08/06/opinion/foreign-affairs-kosovo-s-threewars.html?sec=&spon=&&scp=1&sq=<strong>Rambouillet</strong>%20peace%20conference%201999&st=cse


Boshkovich 55<br />

proposed document. Luckily, Mitic, Judah, Weller and other scholars talked about those<br />

reasons and the audience will have a chance to find out more about that in the following<br />

section. 132<br />

132 Stingray Online, http://www.mcculloughsite.net/stingray/2006/04/20/madeline-albright-can-legpress-<br />

400-pounds.php.


Section B; Negotiations<br />

Boshkovich 56<br />

Enter into negotiations with the intention of creating an agreement that will allow<br />

both parties to achieve their essential goals.<br />

- Tom Hopkins 133<br />

The <strong>Conference</strong> started on February 6 th 1999, and lasted until 23 rd of February<br />

instead of the originally planned 13 th of February. ―<strong>Rambouillet</strong>, meanwhile, was under<br />

siege from within. Thousands of security police were deployed, while road blocks were<br />

operating throughout the town to prevent any mass demonstration of Albanians or<br />

Serbs‖. 134<br />

Talks in <strong>Rambouillet</strong> (30 miles south of Paris) started and finished without any<br />

procedure that was planned in advance even if these talks were extremely important, as<br />

Tim Judah said, ―…the alternatives were so awful that it just seemed inconceivable that<br />

either side would scupper the talks‖. 135 The first draft of the agreement that was presented<br />

to both sides by Contact Group had only three chapters; 1, 3, and 6. According to Mr.<br />

Mitic this was not an accident. This is because chapters 2, 5, and 7 were so unacceptable<br />

for the Yugoslav delegation that hosts did not want to present them until a couple of<br />

hours before the end of the <strong>Conference</strong>. 136 Still, even chapters 1, 3, and 6 were extremely<br />

difficult for the Serbs to accept them. The first chapter covered ―The Constitution of<br />

Kosovo‖; the third was dedicated to elections; while the sixth chapter elaborated the<br />

institution of the ombudsman.<br />

133<br />

Bob Phillips, Phillips’ Book of Great Thoughts and Funny Sayings (Carol Stream: Tyndale House<br />

Publishers, Inc., 1993), 226.<br />

134<br />

Rupert Cornwell, ―The <strong>Peace</strong> Talks: Solution – or Simply a Sideshow?‖ The Independent, February 21,<br />

1999, http://www.independent.co.uk/news/the-peace-talks-solution--or-simply-a-sideshow-1072343.html<br />

135<br />

Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 197.<br />

136<br />

Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 231.


Boshkovich 57<br />

Serbs insisted that the agreement included principles of the statement of the<br />

Contact Group from London (chapter II section B of this paper) because they thought that<br />

it would be a good way to highlight Yugoslav integrity and sovereignty. 137 Unfortunately,<br />

approximately 10 days of negotiations were lost because of this issue which was solved<br />

against the will of Serbs and they were actually accused for the first time of obstruction.<br />

Conversely, Albanians explained their three main goals at the beginning of the<br />

<strong>Conference</strong> very clearly. These objectives included: the precise definition of the status of<br />

Kosovo, organizing of referendum after three years of transitional period, and the<br />

involvement of NATO in acceptance of the Agreement (as a one side that would sign the<br />

Agreement). The Albanian side also had issues with acceptance of their request, but at the<br />

end they even got something better; the NATO was not involved in signing of the<br />

Agreement, but became warrantor of the Agreement with 10,000 troops in Kosovo.<br />

The Serbian delegation had several complaints in regard to the Preamble of the<br />

Agreement that were articulated in the form of the text that included all issues that the<br />

Serbian delegation had found. Most of them the Contact Group did not accept, but at the<br />

end of the <strong>Conference</strong>, on the paper that was signed by Albanians it became clear that<br />

they did not change even those parts that were accepted. 138 The reason why these and<br />

later Serbian complaints were not accepted in the final version of the <strong>Rambouillet</strong><br />

Accords one can find in Marc Weller‘s explanation. He said that the only way for the<br />

paper to be modified was that both sides agreed upon that. If not, the draft would not be<br />

137 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 110.<br />

138 Ibid, 114.


Boshkovich 58<br />

changed unless the negotiators thought that modification would be better for the<br />

agreement. 139<br />

A similar situation was with Article I in which the Serbian delegation had again<br />

couple of objections. For example, in the sentence where it was stated that both sides<br />

would implement all necessary measures to help refugees in their return to Kosovo, the<br />

Serbs requested ―if they are citizens of Yugoslavia‖ to be added. Of course Serbs<br />

requested this in an effort to prevent Albanians from Albania to settle in Kosovo, but<br />

once again in final text Serbs saw that none of their requests was accepted. 140<br />

On the other hand, the Albanians submitted comments on the draft on February<br />

9 th in which they stated that each annex was acceptable. 141 That way it seemed that the<br />

Albanians were more willing to cooperate while the Serbs had complaints regarding each<br />

annex of the agreement (which will be presented in continuation of this chapter). Of<br />

course, it is because of the fact that entire agreement was in favor of the Albanians.<br />

In Annex I, named ―The Constitution of Kosovo‖, the title itself was irritating for<br />

Serbs because the constitution is the highest law of independent countries, not of the<br />

provinces. Instead, the Serbian side proposed the word ―Statute‖ so that the title of Annex<br />

I would be ―The Statute of Kosovo‖. Nevertheless, the Contact Group did not accept this<br />

request as well. Besides that, the Serbs had many other complaints such as in regard to<br />

foreign missions in Kosovo, or Kosovo‘s offices in foreign countries, which Serbia was<br />

not willing to accept except in cases of education, science, culture, or information. In<br />

addition to this Serbs requested for some sentences to be completely deleted, such as:<br />

Consent for state of emergency, or Consent of the President of Kosovo to Federal<br />

139 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 228.<br />

140 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 116.<br />

141 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 228.


Boshkovich 59<br />

decisions. Of course the reason for this is that the president of Kosovo (which would be<br />

obviously always Albanian) would never support decisions of the Federal Government<br />

that would blockade the implementation of Federal laws. Once again, the final paper<br />

which was signed by Albanians was not different at all from the original. 142<br />

Yet, the Serbian delegation was constructive as much as possible. For example,<br />

the Serbs first said that they won‘t participate in the talks if the KLA members were part<br />

of the Albanian delegation 143 , but later on they did not insist on that even if the Serbs<br />

consider the KLA as a terrorist organization. After all, even the US never negotiates with<br />

terrorists.<br />

In Article I of The Constitution, which elaborated the characteristics of the<br />

Kosovo Assembly, Serbs had a few ideas. For example they urged that the Assembly<br />

should be bi-cameral with 120 members instead of uni-cameral with 100 members.<br />

Besides that, the Serbs had some objections in regard to the jurisdictions of the Assembly<br />

because it assumed canceling of jurisdictions of the Federal authorities. Nevertheless, the<br />

final paper did not see any changes with exception to the number of delegates in the<br />

Assembly which would be 120 (80 directly elected and 40 from national communities),<br />

but still in uni-cameral assembly. 144<br />

Another issue was ―The President of Kosovo‖. For the Serbs this meant that<br />

Kosovo would have one more attribute of sovereign country, which was unacceptable.<br />

Instead, Serbs suggested that the official title of that person should be ―President of the<br />

Presides of Assembly‖. However, the Contact Group denied this suggestion as well. 145<br />

142<br />

Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 120.<br />

143<br />

Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 228-29.<br />

144<br />

Ibid, 240.<br />

145<br />

Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 128.


Boshkovich 60<br />

A very similar problem was with the ―Government of Kosovo‖. According to the<br />

Contact Group‘s draft, this body would implement laws made by the Kosovo‘s<br />

Assembly. Serbs found this problematic because they thought that the Assembly of<br />

Kosovo should not be authorized to make laws. In addition, the Serbs proposed that<br />

instead of the Government, Kosovo should have an ―executive council‖, for which Weller<br />

said that would be ―…a weakened Council of Ministers‖. 146 And again none of the Serbs<br />

objections were accepted, 147 even if it was obvious that these proposals (The President,<br />

The Government, and The Assembly) were something that represents a sovereign<br />

country, not an autonomous province. These articles gave to Kosovo authorities to<br />

conduct foreign relations, elect Prime Minister, implementing laws, etc. 148<br />

The same situation was with the justice system in Kosovo. The Contact Group<br />

had an idea that the justice system in Kosovo should be completely independent and<br />

separated from that of Yugoslavia and the Republic of Serbia. Of course, the Serbian<br />

delegation thought that this entire Article (V) was unacceptable. However, the Contact<br />

Group did not change anything in their final version of the agreement 149 , just like in the<br />

case of Article VI which covers human rights and rights of national groups (Serbs<br />

requested adding of new statements such as ―the preventing of national groups to<br />

jeopardize the rights of other citizens of Serbia and Yugoslavia‖).<br />

Article VII covered the role of the municipals in Kosovo. Serbian delegation did<br />

not have any objections to the proposed paper, but had a couple of suggestions; they<br />

thought that it should be added that municipals‘ assemblies would be constitute in the<br />

146 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 235.<br />

147 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 129.<br />

148 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 242.<br />

149 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 131.


Boshkovich 61<br />

same manner as the Kosovo‘s Assembly, and that in the case of the reestablishment of<br />

municipals‘ borders besides the consensus of the Assembly of Kosovo and authorities of<br />

municipals involved in particular case add ―with acceptance of the people assembly of<br />

Republic of Serbia‖. As usually, none of these suggestions were accepted. 150<br />

Article IX, which discussed the representation of Kosovo in Federal and Republic<br />

institutions was also problematic for the Serbian delegation. The reason for this was that<br />

this article stated that this representation was the possibility but not the obligation. Serbs<br />

pushed for changing of this to an obligation, but the Contact Group did not accept this<br />

idea as well.<br />

As mentioned, Chapter 2 (regarding security) was not presented until 18/19<br />

February (even if the <strong>Conference</strong> commenced on February 6th), so actors moved to the<br />

Chapter 3 titled ―The Conducting and Supervising of Elections‖. Serbs found most of the<br />

decrees acceptable from the Paragraph I with the exception for the role of the OSCE. The<br />

Serbian delegation thought that it was acceptable that the OSCE assists with conducting<br />

of census of citizens of Kosovo (actually that would be the only way since Albanians<br />

refused for many years to participate in census), as well as to assist in creation of a free<br />

and fair atmosphere for carrying out of the elections, but they found the idea that OSCE<br />

should carry out the elections itself unacceptable. Nevertheless, in the final text of the<br />

Agreement Serbian objections were not implemented. That was probably not a wise<br />

decision by the negotiators. Of course all the countries of the world would find it<br />

inappropriate that someone else conduct elections for them. Negotiators could instead<br />

insist on supervision of the elections by the OSCE just to make sure that there is not any<br />

150 Ibid, 134.


Boshkovich 62<br />

kind of abuses. After all, Serbia has a tradition of presence of international supervisors on<br />

all modern elections and no one has a problem with that because everybody wants to<br />

make sure that their votes won‘t be stolen.<br />

As mentioned earlier in this section, the sixth Chapter was dedicated to the role of<br />

the ombudsman. The ombudsman‘s responsibility would be to supervise the realization of<br />

the practice of rights of members of national groups, as well as human rights and basic<br />

freedoms in Kosovo. The Serbian delegation did not have any major objections regarding<br />

this chapter. However, they suggested additional sentence which would clarify that<br />

ombudsman should be parliamentary envoy who should be Yugoslav citizen, chosen<br />

without intervention of international community. This suggestion was not accepted by the<br />

Contact Group. 151<br />

Chapter 4 and 4A were in connection to matters of economy, humanitarian relief,<br />

reconstruction and economical development. The Albanian delegation ―commented upon<br />

in writing very expeditiously‖. 152 The Serbs had serious objections regarding the idea that<br />

all property of Federal and Republic Governments would be transferred to institutions of<br />

Kosovo. However, the Contact Group did not accept these objections, and the final<br />

document was same as the initial one. 153 Speaking of the international help, with<br />

exception for humanitarian assistance, it should be mentioned that according to the<br />

proposed agreement it would be dependable on full implementation of the Agreement, as<br />

well as other conditions that would be established by potential donators. The Serbian<br />

delegation found this Chapter offensive because it sounded like blackmail. They<br />

suggested cancellation of the entire Chapter, but the Contact Group refused this proposal<br />

151 Ibid, 140.<br />

152 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 229.<br />

153 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 142.


Boshkovich 63<br />

and entire text ended as a part of the final document. 154 In an effort to get positive<br />

response from the Serbian delegation, Ambassador Hill traveled to Serbia to talk to<br />

Milosevic. The Albanian delegation protested because of that since they thought it was<br />

the violation of isolation that was imposed upon the delegations. Therefore Hasim Tachi<br />

was allowed to leave the conference and see his mentors at home. 155 However, the<br />

Serbian delegation responded with the document that was ―incompatible with the non-<br />

negotiable principles‖. 156 Weller missed an opportunity to explain the reason why the<br />

Serbs refused this Chapter, but he rather said that the Serbs did not even accept the<br />

Chapter that covers international assistance, and that way have foreclosed effective<br />

negotiations. 157 By doing so he probably misled the part of the audience that did not have<br />

a chance to see that Chapter which is available in the appendix of this research. After<br />

reading that Chapter it becomes clear that Mitic did not lie when he said that it was a kind<br />

of blackmail since it was said: ―International assistance, with the exception of<br />

humanitarian aid, will be subject to full compliance with this Agreement as well as other<br />

conditionalities defined in advance by the donors... ―(Appendix, page 155)<br />

As explained, Chapter 2 (security) was finally presented on 18 th February along<br />

with Chapters 5 (implementation) and 7 (military presence). When the Serbian delegation<br />

found out what was proposed by these three chapters it became clear why they were not<br />

presented earlier.<br />

Chapter 2 was explained that verification mission of OSCE (later named<br />

Implementation Mission) would assume all responsibilities regarding the supervision of<br />

154 Ibid, 144.<br />

155 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 229.<br />

156 Ibid.<br />

157 Ibid, 235.


Boshkovich 64<br />

implementation of the entire agreement. As part of that, this mission would be in charge<br />

of the creation of ―community police‖ to include the decision on the number of police<br />

officers. Other than that, it was requested that all federal and republic police institutions<br />

for training in Kosovo ceased to exist. Serbian Police would retreat from Kosovo in few<br />

phases, and while doing that it would be supervised by the Implementation Mission.<br />

These and some other acts from this Chapter were of course unacceptable for the Serbs<br />

because they meant almost total cancelation of sovereignty of Yugoslavia and Serbia on<br />

the territory of Kosovo. The only representatives of the Serbian Government would be on<br />

border crossings with Albania and Macedonia, but there would not be more than 50 of<br />

them. It is important to mention that there is not such autonomy anywhere else, not even<br />

close.<br />

Another last minute surprise was Chapter 5 titled ―Implementation I‖. It was<br />

nothing less unacceptable than Chapter 4. The purpose of this Chapter was to transform<br />

the OSCE (Organization for Security and Co-operation in Europe) mission to the real<br />

civilian authority in Kosovo, which would be led by the chief of the Implementation<br />

Mission (officially he would be the chief of the mutual commission, but his decisions<br />

would be final). Based on this Chapter, this chief (protected by Vienna Convection as any<br />

other member of diplomatic missions) would be the supreme law in Kosovo. It is<br />

probably unnecessary to mention that the Serbian delegation could not accept this<br />

Chapter as well. If anything, negotiators should request that this mission works on those<br />

parts of Kosovo where the Serbian Government did not have authority (areas where<br />

ethnic Albanians are in majority), or something similar to that. It is impossible that the<br />

world finest diplomats could not come to a better solution than that in several weeks, of


Boshkovich 65<br />

course if they were honest about finding the political solution. As some people would<br />

say: ‗If you want, you‘ll find the way; if you don‘t want, you‘ll find the excuse‘.<br />

Last, but not least is Chapter 7 named ―Implementation II‖, but it was actually<br />

written in regard to international military presence. This Chapter included some parts that<br />

are so contradictory that they would be comical if they were not so tragic for the Serbs.<br />

For example it is stated that ―Sides invite NATO to establish and command by military<br />

forces in attempt to help securing and implementation of decrees from this Chapter. They<br />

[NATO troops] also promote sovereignty and integrity of FR Yugoslavia‖ 158 (it was<br />

unclear how would foreign troops promote sovereignty of an independent country, but it<br />

became clear once they came to Kosovo after the bombing which will be discussed in the<br />

part III of this paper). According to this Chapter the Yugoslav Army would have to<br />

retreat from Kosovo in no more than 80 days, with the exception of border patrols which<br />

could have up to 1,500 members. In addition to that, those soldiers would not be allowed<br />

to have armored vehicles, while weapons on remaining vehicles could not be larger than<br />

12, 7 mm caliber (it seems that they would be a perfect moving targets for the KLA<br />

which by this Chapter was supposed to hand over weapons in the future). Marc Weller<br />

also admits that Chapters 2 and 7 would ―…establish very strict limitations for the<br />

operation of FRY/Serb law enforcement, border police, customs and military personnel,<br />

both in terms of numbers and in terms of competence‖. 159 It seems that the international<br />

community just wanted to make sure that Serbia wouldn‘t sign the agreement for sure<br />

because they knew that no one could accept this part of the ultimatum as well. Which<br />

leader of the country would agree to withdraw all troops (with exception of small number<br />

158 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 155.<br />

159 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 240.


Boshkovich 66<br />

of border patrols) from the area in which terrorists/rebellions are targeting members of<br />

other ethnic groups? Is it possible that negotiators did not want to offer to the Serbs some<br />

kind of deal that would say for example that Serbian armed forces could stay in all those<br />

areas where Serbs are the majority (northern Kosovo and few enclaves in the south,<br />

including several monasteries)? Obviously there was no true desire to find a political<br />

solution and avoid war.<br />

Nevertheless, the most unacceptable parts of this Chapter and Agreement overall<br />

was the section in which was stated that NATO troops would be allowed to use the entire<br />

territory of FR (Federal Republic) Yugoslavia, to include air space and territorial waters,<br />

without any restrictions. 160 Besides that, those NATO troops would be immune from any<br />

laws of Yugoslavia, and they would be protected from any kind of investigations or<br />

arrests. This meant that Yugoslavia would not loose sovereignty just in Kosovo but on<br />

the entire territory. Why did not negotiators offer something more acceptable to the<br />

Serbs? It is not a rocket science to understand that the Serbs would be more willing to<br />

sign the treaty if it said that UN troops will be deployed instead of NATO, and not in the<br />

entire territory of Yugoslavia, but just in the parts of Kosovo where the Albanians are<br />

majority, to make sure that two sides are divided by a buffer zone, just like the case of<br />

Cyprus where UN troops are doing a good job since 1974.<br />

In addition to this, at the end of this Chapter was stated that three years after the<br />

implementation of this agreement the people of Kosovo would have a chance to reach a<br />

final solution for Kosovo based on their will. This was the first time that the Albanian<br />

160 Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 210.


Boshkovich 67<br />

side had some major complaints. 161 They requested that ―will of people‖ was changed to<br />

―referendum‖. That is the moment when Madeleine Albright jumped in to make sure that<br />

the Albanians would accept the Agreement. She added her interpretation (on 22 nd<br />

February) to this chapter summarizing that this meant that people of Kosovo would be<br />

able to hold referendum regarding the future of Kosovo in three years. 162 Marc Weller<br />

talked about this as well. He said that the Albanian delegation confirmed that after three<br />

years of the interim period ―…the people of Kosovo will exercise their will through a<br />

referendum, conducted freely and fairly‖. 163 How could anyone expect that the Serbs<br />

would accept this document? That way Serbia would agree to the secession of Kosovo in<br />

2002, which is still worse than a unilateral declaration of independence. Interestingly,<br />

even if the US said that this proposal would be available only if the Albanians sign by the<br />

deadline it did not happen. 164 However, this did not have any negative effects on the<br />

Albanian position, and they did finally agree to sign this after Jim O‘Brien (the State<br />

Department lawyer) told Jamie Rubin to distract Thaci (the strongest opponent of<br />

acceptance of the proposal) while the Albanian delegation is accepting the proposal. 165<br />

Of course, this was just another aspect of the Agreement that was obviously<br />

unacceptable for Serbs (since everybody knows what would be the outcome of that<br />

referendum). Ministries of the Contact Group added that the entire conference (which<br />

was prolonged for a week) should be finished by 1500 on February 23 rd of 1999. The<br />

Serbian delegation sent a couple of letters that day to all three co-presides of the<br />

<strong>Conference</strong> where they urged for a continuation of negotiations, but it was ineffective and<br />

161 Ibid, 211.<br />

162 Ibid, 215.<br />

163 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 235.<br />

164 Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 215.<br />

165 Madeleine Albright, Madam Secretary: A Memoir (New York: Easton Press, 2003), 404.


Boshkovich 68<br />

the road to the bombing of Yugoslavia was open, with a small chance of a miracle in<br />

additional talks scheduled for March 15 th in Paris, where nothing new happened except<br />

that Albanians officially signed the Agreement (March 18 th ), while Serbs signed their<br />

own paper regarding autonomy of Kosovo. 166 Most likely this meeting in March was<br />

actually set only because the Albanians wanted an additional two weeks to make sure that<br />

the KLA leaders would accept the agreement. Thaci had to travel through all areas that<br />

were held by the KLA, while Albright sent Bob Dole to influence the Albanians toward<br />

acceptance of the agreement. He said: ―We‘ll abandon you if you don‘t sign‖. 167 Of<br />

course, in today‘s world it would be very rare that someone allows to be abandoned by<br />

the strongest possible ally in the history. Naturally, it is easy to imagine how Serbs felt<br />

seeing the US officials transparently take sides.<br />

The document that was signed by the Serbs was mainly the text that the Serbian<br />

delegation proposed to become a part of the political aspect of the agreement that was the<br />

topic of the negotiation process.<br />

Chomsky reminds us that, in terms of diplomatic options, "before the bombing<br />

(Yugoslavia) on the table were two proposals: the so-called <strong>Rambouillet</strong><br />

Agreement, which was presented as an ultimatum to Serbia, and Serbia's<br />

proposal" formulated in its draft political agreement on substantial autonomy ( for<br />

Kosovo), which would guarantee the equality of all citizens and all ethnic<br />

communities, while respecting the sovereignty and territorial integrity of Republic<br />

166 Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 223.<br />

167 Ibid, 220.


Boshkovich 69<br />

of Serbia and the Federal Republic of Yugoslavia ". And the other proposal is also<br />

hidden from the public, notes Chomsky. 168<br />

Additionally, the authors of this Serbian document added many ideas from the<br />

Contact Group‘s proposal avoiding those elements that would lead to the cancelation of<br />

Serbian sovereignty. 169 Of course, this was useless, and the sides could start to count<br />

down the time to the NATO bombing of FR Yugoslavia.<br />

168 Vlada Republike Srbije Online, ―Čomski: Postojalo je Drugačije Rešenje za Kosmet,‖<br />

http://www.arhiva.srbija.sr.gov.yu/vesti/2000-03/06/18364.html<br />

169 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 245.


Section C; Reactions to the <strong>Conference</strong><br />

Boshkovich 70<br />

The <strong>Conference</strong> which lasted 17 days was unsuccessful (in a formal ceremony<br />

only the Albanian delegation signed the agreement, witnessed by two negotiators since<br />

Russian Ambassador Mayorski refused to participate) 170 and each side started to prepare<br />

for the next steps. NATO started to warm up their aircrafts, the KLA continued guerrilla<br />

warfare while the Serbs declared a state of emergency.<br />

Many people in Yugoslavia at that time were convinced that NATO would not<br />

bomb the Serbs because it would not make any sense considering that Serbia was a US<br />

ally in both World Wars in addition to being one of the sides that signed the Dayton<br />

agreement regarding the ending of war in Bosnia and Herzegovina. Mr. Cosic (Serbian<br />

writer previously mentioned in this paper) said: ―What a paradox of the history! NATO<br />

was created to fight with the Soviet Union, Russia and communism, but they will fight<br />

for Albanian separatism, terrorism and secession of Kosovo‖. 171 He also added that it was<br />

the fourth time in the 20 th century that Serbia was threatened to accept an ultimatum by<br />

great powers (Austro-Hungary in 1914, Hitler in 1941, and Stalin in 1948).<br />

Unfortunately, once again Serbia got an ultimatum that was impossible to accept because<br />

that would mean the independence of Kosovo, while NATO troops would be allowed to<br />

use the entire territory of Yugoslavia. However, Serbs were hoping that NATO would<br />

restrain from bombing due to a Russia‘s position which was at that time that bombing is<br />

unacceptable. Russian Foreign Minister Ivanov said that ―Russia cannot sit around and<br />

watch NATO destroy a sovereign nation‖. 172 Nevertheless, as Secretary Albright<br />

explained ―Their [Russia‘s] military options were few, their dependence on the West was<br />

170 Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 235.<br />

171 Dobrica Cosic, Kosovo (Beograd: Novosti, 2004), 111.<br />

172 Madeleine Albright, Madam Secretary: A Memoir (New York: Easton Press, 2003), 413.


Boshkovich 71<br />

growing, their domestic politics were toxic, and their putative client in Belgrade was a<br />

ruthless dictator‖. 173 And she was right (mostly); all Russia could do was to complain, but<br />

in reality NATO knew that this would not be a battle that Russia would fight, after all<br />

NATO gave Russia the perfect excuse to intervene in Georgia in 2008. It was the same<br />

scenario; great power came to help ―suppressed minority‖ that seeks independence<br />

(Abkhazia and South Ossetia). This time NATO was the side that could just complain,<br />

very well aware that it was not going to be their battle. One might assume that NATO and<br />

Russia have made a deal regarding their interests in which small countries such as Serbia<br />

and Georgia will pay the price, but of course, this theory would be impossible to prove.<br />

Still, this topic is not unfamiliar to journalists such as Tim Marshall who compared<br />

Kosovo and Georgia and said: ―This is not to defend Russia's actions in Georgia but it<br />

does show how the Americans, British and others want things both ways - and it also<br />

shows how the recognition of Kosovo has destroyed the hallowed concept that you don't<br />

change borders through force‖. He also asked himself what would be the reason to have<br />

different standards for Kosovo and South Ossetia and Abkhazia. The answer is usually,<br />

'because of the behaviour of the Serb forces'. ―Put that forward in international law as a<br />

justification for changing borders and you would be laughed out of court‖. 174<br />

Another interesting story is the reactions of some politicians and scholars in the<br />

world regarding the <strong>Rambouillet</strong> <strong>Conference</strong>. Some of those reactions could be found in<br />

Mr. Komnenic‘s book. He traveled to Paris during the <strong>Conference</strong> to show to the West<br />

that Serbian opposition, which was the strongest enemy of Milosevic, was also aware that<br />

173 Madeleine Albright, Madam Secretary: A Memoir (New York: Easton Press, 2003), 414.<br />

174 Sky News Online, ―Russia Eats the Kosovo Cake,‖ http://news.sky.com/skynews/Home/World-<br />

News/Tim-Marshall-Russia-Eats-The-Kosovo-<br />

Cake/Article/200808215076194?lpos=World_News_Article_Related_Content_Region_8&lid=ARTICLE_<br />

15076194_Tim_Marshall%3A_Russia_Eats_The_Kosovo_Cake


Boshkovich 72<br />

it was impossible to accept the proposed agreement. He stated that Mrs. Angelica Ber,<br />

who was a member of the Bundestag from the Green Party of the FR Germany, said ―If<br />

we read the agreement we would never allow NATO bombing‖. 175<br />

Kay Bailey Hutchison (R-TX) complained to the Senate (22 March 1999) that<br />

President Clinton promised something (NATO intervention) without consulting<br />

Congress. Therefore, the USA will declare a war to the country that can not be an enemy<br />

of the USA, and is actually a partner from the <strong>Peace</strong> <strong>Conference</strong> in Dayton regarding the<br />

peace in Bosnia. 176<br />

Another member of the Congress that had a problem with this intervention was<br />

Cunningham (R-CA). He said in the middle of the bombing (session of May 5, 1999)<br />

Mr. Speaker, do you know the total number of people killed in Kosovo prior to<br />

our bombing? It is amazing. People will say 10,000, 20,000. It is 2,012. Prior to<br />

us bombing, this great massive killing, 2,012. Tudjman, the head of the Croatians,<br />

slaughtered 10,000 Serbs in 1995 and ethnically cleansed out of Croatia 750,000<br />

Yugoslavians. Where were we then? And on a scale 2,012, and one-third of those<br />

were Serbs killed by the KLA. 177<br />

He added that the USA was guilty for one million of refuges in neighboring countries.<br />

This statement actually goes along with many similar statements that were made at that<br />

time by politicians in Serbia who claimed that there was not a problem with refugees<br />

before the bombing, and yet Serbia was bombed with the excuse (among other excuses)<br />

that the international community has to help refugees.<br />

175 Komnenic, Milan, Kloka u Rambujeu (Beograd: Prosveta, 2006), 134.<br />

176 Congressional Record Online, Congressional Record, March 22, 1999 (Senate), S3039-3050,<br />

DOCID:cr22mr99-39, wais.access.gpo.gov<br />

177 Ibid, May 5, 1999 (House), H2785.


Boshkovich 73<br />

Another Congressman that opposed this intervention is John Richard Kasich from<br />

Ohio. He said that civil war in Kosovo started in 1389, and there is a small possibility<br />

that stepping in that kind of conflict will be successful. 178<br />

However, supporters of the intervention (and they might be led by desire to<br />

punish the Serbs for civil war in Bosnia where the Serbs had an advantage in military<br />

power 179 ) were doing what they were supposed to do to justify the bombing. Therefore<br />

Mrs. Louise Arbour, which was at that time the main prosecutor for ICTY, had a meeting<br />

with Secretary Albright (April 30 th ) after which (next month) Mrs. Arbour announced<br />

that President Milosevic and his four most important assistants are accused of war crimes.<br />

In reaction to this Albright said that this indictment is a proof that NATO intervention is<br />

valid. 180 One journalist asked if that meant that there was not war crimes before the<br />

bombing, but Albright responded that she thinks that many things happened before the<br />

bombing. Same day, Russian Foreign Ministry critiqued Mrs. Arbour‘s decision,<br />

claiming that it had political motivation. 181<br />

Other reasons why the Serbs could not accept the Agreement one can find in the<br />

fact that negotiators pressured Serbia to accept conditions regarding autonomy on part of<br />

her territory that does not exist anywhere in the world. As Lord Gilbert, who was a<br />

178 Congressional Record Online, Congressional Record, http://frwebgate6.access.gpo.gov/cgibin/PDFgate.cgi?WAISdocID=933744387454+4+2+0&WAISaction=retrieve;<br />

we found this out when we<br />

intervened in Somalia. We furthermore found this out when we intervened in Lebanon, even under Ronald<br />

Reagan. Being in the middle of civil wars that are not resolvable is a mistake for a major power. The<br />

question is when, then, should we intervene militarily? Well, on three grounds. One, when it is in the direct<br />

national interests of the United States. Number two, when there is an absolute achievable goal. And number<br />

three, when there is a credible exit strategy. None of these criteria can be met in terms of Kosovo. There is<br />

no direct national interest, there is not an achievable goal, and finally, there is no credible exit strategy.<br />

179 President Clinton said: ―this is not the first time we‘ve faced this kind of choice [over whether to take<br />

military action]. When President Milosevic started the war in Bosnia seven years ago, the world did not act<br />

quickly enough to stop him….We learned some of the same lessons in Bosnia just few years ago.‖ Roland<br />

Paris, ―Kosovo & the metaphor war,‖ Political Science Quarterly 117, no.3 (2002): 436.<br />

180 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 225.<br />

181 Ibid, 225.


Boshkovich 74<br />

Minister of State in the MoD from 1997-1999 under George Robertson and spoke for the<br />

Government in the House of Lords on defence said<br />

I think the terms put to Milosevic at <strong>Rambouillet</strong> were absolutely<br />

intolerable; how could he possibly accept them; it was quite deliberate…. It had<br />

been decided in advance that Milosevic had to be taught a military lesson and the<br />

only purpose of the <strong>Rambouillet</strong> process was to provide an excuse for doing so.<br />

Milosevic was to be made an offer he couldn't accept…. it gave NATO<br />

unrestricted access, not just to Kosovo, but to the whole of Yugoslavia (including<br />

Montenegro). Unless defeated in a war no state with the pretence of independence<br />

could accept those terms (and these terms were in fact omitted from the post-war<br />

settlement in June 1999). 182<br />

The Following paragraphs will offer a few examples on how real autonomy<br />

should look like. In case of South Tyrol, Italy and Austria made bilateral international<br />

agreement, and this region gained wide autonomy without any international presence. At<br />

the same time, the Italian Government secured sovereignty and integrity from any kind of<br />

abuses. 183 Why something similar to this was not possible in case of Kosovo? It would be<br />

better if the international community encouraged two sides to make an agreement, which<br />

will guarantee wide autonomy for Albanians, and at the same time sovereignty and<br />

integrity of Serbia.<br />

In Spain, the Article II of the Constitution says that ―The Constitution is based on<br />

the indissoluble unity of the Spanish nation, the common and indivisible homeland of all<br />

182 David Morrison, ―<strong>Rambouillet</strong> Terms ‗Absolutely Intolerable‘, Says ex-Minister,‖ Labour & Trade<br />

Union Review (2001), http://web.ukonline.co.uk/pbrooke/p&t/Balkans/dmonkosovo/200102<br />

183 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 179-80.


Boshkovich 75<br />

Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and<br />

regions which make it up and the solidarity among all of them.‖ 184 Obviously there is a<br />

right to autonomy, but also an explanation that the country cannot be divisible.<br />

Yugoslavia.<br />

Ironically, both Italy and Spain were part of NATO forces that bombed FR<br />

Finland is another case that is interesting to mention in regard to successful<br />

autonomies. This country has a remarkable Swedish minority (approximately 300,000)<br />

who live compactly on territory of Finland, especially on Oland islands where they are<br />

the majority. Still, as a minority they don‘t have any special rights, and the Government<br />

sees them as citizens of Finland which mother tongue is Swedish. 185 Nevertheless, Mr.<br />

Marty Ahtisari (special envoy involved in ending of bombing and 2007 negotiations<br />

process, which will be discussed later in this research) who comes from Finland never<br />

thought that Albanians in Serbia should be treated in the same manner, as Serbs who<br />

speak Albanian. Actually, he was one of the strongest allies of the Albanians in their<br />

campaign for independence.<br />

Another example of successful autonomy that is not comparable to that proposed<br />

in <strong>Rambouillet</strong> is the case of Russian republic of Tatarstan. This region has autonomy<br />

regarding culture, economy and technical cooperation with other countries, but Russia<br />

kept positions in defense, security and international relations. 186<br />

Obviously, these examples from other democracies are not even close to the paper<br />

that was discussed in <strong>Rambouillet</strong>.<br />

Even Henry Kissinger said in Newsweek International (New World Disorder,<br />

184 Spain Constitution Online, August 27, 1992, http://www.servat.unibe.ch/icl/sp00000_.html<br />

185 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 184-85.<br />

186 Respublika Tatarstan Online, http://www.tatar.ru/?DNSID=830f4d0a9e1ddd7c1d6ac98b5eecc70b


Boshkovich 76<br />

May 31 st , 1999), ‖The air war in Kosovo is justified as establishing the principle that the<br />

international community--or at least NATO--will henceforth punish the transgressions of<br />

governments against their own people. But we did not do so in Algeria, Sudan, Sierra<br />

Leone, Croatia, Rwanda, the Caucasus, the Kurdish areas and many other regions‖. 187<br />

Why is that so? What was the justification for bombing of Yugoslavia? The next<br />

statement is one of the explanations how the international community justified the<br />

bombing: George Kenny from Department of State said that they intentionally raised the<br />

bar too high to make sure that Serbs would not be able to jump over. 188 Eric Suy, former<br />

chief advisor for the law in UN and professor of international law at Catholic <strong>University</strong><br />

in Brussels went so far that he compared the Agreement from <strong>Rambouillet</strong> with Hitler‘s<br />

ultimatum to Czechoslovakia. In both cases he said that excuse was found in protection<br />

of national minority. 189<br />

One more reaction came from British journalist Tim Marshall. He quoted Mr.<br />

Robert Hayden from Pittsburgh <strong>University</strong> who claims that the only purpose of the<br />

Agreement from <strong>Rambouillet</strong> was to justify military intervention against FR Yugoslavia.<br />

He also said that members of western delegation had sketched the map of possible<br />

division of Kosovo, but Albright prevented them to show that to the Serbian delegation, it<br />

was feared that they might accept that. 190<br />

Serbian President Mr. Milutinovic gave an official statement on 23 rd February, at<br />

the end of negotiations. For this occasion it will be present most interesting parts from his<br />

reaction.<br />

187 Newsweek Online, ―New World Disorder,‖ May 31, 1999, http://www.newsweek.com/id/88424/page/5<br />

188 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 189.<br />

189 International Court of Justice, May 10, 1999, 38-39, http://www.icj-cij.org/docket/files/114/4491.pdf<br />

190 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 204.


Boshkovich 77<br />

Participating in <strong>Rambouillet</strong> <strong>Peace</strong> <strong>Conference</strong>, Serbia and her citizens had<br />

showed that they had sincere intention to negotiate on ten principles that was<br />

made by the Contact Group. Unfortunately, today‘s decision to end ‗talks‘<br />

without a positive result is a normal consequence of what we used to talk about on<br />

previous press conferences (12 th , 15 th , and 20 th February). Serbia especially<br />

insisted on 10 principles of the Contact Group, that there is not going to be<br />

independence of Kosovo and Metohija, that there is not a third republic [besides<br />

Serbia and Montenegro], neither the referendum, while sovereignty and integrity<br />

of Serbia and FR Yugoslavia would not be challenged. However, those who<br />

initiated this meeting did not accept same approach. They offered documents that<br />

were in favor of the creation of a third republic and destroying Serbia. By doing<br />

that, the international community worked absolutely in favor of the separatist<br />

movement in Kosovo and Metohija. More than that, only 18 hours before the<br />

projected end of the conference, delegation got a new document (56 pages long)<br />

that was not discussed at all in first 18 days of the conference. Direct talks were<br />

refused during the entire talks. It is a lie that negotiations could be successfully<br />

conducted without negotiations. The conference was extended for three days<br />

because there was a significant improvement, which was made by acceptance of<br />

seven crucial questions in regard to real autonomy, which was proposed by the<br />

Serbian delegation. Even the Contact Group admitted that. What then happened in<br />

those three additional days of the conference?<br />

This was fraud without precedent and open aggression. Serbian delegation was<br />

very constructive in spite of the facts that: the entire conference was very poorly<br />

organized; Albanian delegation was always negative toward the idea of face-toface<br />

meetings, even on the level of experts; Albanian delegation refused to put<br />

signature on 10 principles of the Contact Group; the Albanian delegation,<br />

supported by sponsors and guardians, insisted on maximalist requests that<br />

included international protectorate and referendum for independence.<br />

At the end of his letter, Mr. Milutinovic added that FR Yugoslavia and Serbia are<br />

willing to continue talks in Belgrade, Pristina or any other place regarding Kosovo‘s<br />

autonomy, but never about the independence of Kosovo or third republic. He even said<br />

that FR Yugoslavia is willing to consider the size and character of international presence<br />

in Kosovo and Metohija in an effort to implement the agreement that would be accepted<br />

in <strong>Rambouillet</strong>. 191 Even Albanian advisor Marc Weller talked about some of things that<br />

were mentioned by President Milutinovic. He admits that the Serbian delegation in final<br />

declaration emphasized the most important developments toward achieving a political<br />

191 Ibid, 167-70.


Boshkovich 78<br />

solution, as well as Serbian willingness to discuss about the character of international<br />

presence in Kosovo. 192 But, it seems that the international community was not willing to<br />

give peace a chance because they made deadline for acceptance of the agreement, even if<br />

―…a significant number of substantive issues had not been negotiated‖. 193 Not to mention<br />

that the most important annexes of the agreement were presented day before the deadline.<br />

Yet there was some chance for avoidance of the war because both sides agreed to attend<br />

new conference in Paris on 15 th March, but it ended just with Albanian acceptance to sign<br />

the document and Serbian decision to present their version of the Agreement. 194 The<br />

author of this paper thinks that there was a hidden agenda by the international community<br />

not to achieve a peace solution because it does not make sense that negotiators did not<br />

want to give more time to the time.<br />

Besides Mr. Milutinovic, exactly one month later (23 rd March 1999) the President<br />

of Yugoslavia Mr. Milosevic also made an official statement regarding the conference,<br />

which was written just one day after Mr. Holbrooke‘s last trip to Belgrade where he said<br />

that the bombing is imminent if Yugoslavia does not accept the <strong>Rambouillet</strong> accords. 195<br />

Milosevic‘s statement was sent in form of the letter to Ministers of Foreign Affairs<br />

Hubert Vedrine (France) and Robin Cook (UK), the official co-chairmen of the<br />

conference. Unfortunately, this letter was not published, but is a part of the most knowing<br />

collection of documents regarding Kosovo and Metohija published in Cambridge. These<br />

are some of the most significant points of that letter.<br />

192<br />

Marc Weller, ―The <strong>Rambouillet</strong> <strong>Conference</strong> on Kosovo,‖ International Affairs 75, no.2 (1999): 233.<br />

193<br />

Ibid, 231.<br />

194<br />

Ibid, 234.<br />

195<br />

Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 227.


Yugoslavia.<br />

Boshkovich 79<br />

…text that you named ―the Agreement from <strong>Rambouillet</strong>‖ was published in<br />

Kosovo‘s newspapers even before the conference (Albanian newspaper Koha<br />

Ditore). Belgrade is tolerant, but not stupid. Thanks to some one else‘s stupidity,<br />

the document that was supposed to be a result of negotiations was published even<br />

before those negotiations have begun. Therefore, my answer to your sentence ‗the<br />

Agreement is on the table‘ is: just a proposal of the Agreement can be on the<br />

table. But, an empty table can‘t lead to the agreement. Those that are interested in<br />

to agreement have to seat around that table.<br />

Considering your threat with NATO bombing, your nations will be ashamed<br />

because of that, since you are preparing to use force against one small European<br />

nation just because of her willingness to protect its territory from separatism. You<br />

gentlemen, as Ministers of Foreign Affairs of two European countries have the<br />

right to negotiate, mediate, etc, but you don‘t have the right to threaten other<br />

countries and other citizens, nor you can arrange lives in other countries. 196<br />

The next day, 24 th March 1999, NATO commenced the bombing of FR<br />

196 Miodrag Mitic, Kako Nam Se Dogodio Rambuje (Beograd: Filip Visnjic, 2003), 154-76.


Part III<br />

Chapter IV<br />

Section A; “Merciful Angel”<br />

Serbian capital Belgrade 197<br />

Boshkovich 80<br />

The Serbs would not accept a Nato force; Nato on its 50th anniversary wanted to<br />

show it mattered - and only one outcome was possible 198<br />

It was 24 th March 1999 when the first ―smart bombs‖, as some ―experts‖ like to<br />

call them, were felt in the Federal Republic Yugoslavia. These bombs are considered<br />

smart due to their precision, which is unquestionable, but nobody cared about the size of<br />

the blasts that were produced from explosions. NATO would, for example, hit the Army<br />

Headquarters in the Serbian capital Belgrade, which is in downtown, even if that building<br />

was empty days before bombing. However, civilians on the streets were killed even if<br />

197 Info-sluzba Kosova I Metohije Online, http://www.kosovo.net/news/archive/2007/March_25/2.html<br />

198 BBC Online, ―<strong>Rambouillet</strong> Talks ‗Designed to Fail‘,‖ March 19, 2000,<br />

http://news.bbc.co.uk/2/hi/europe/682877.stm


Boshkovich 81<br />

they were mile away. Actually, more people died from the second ‗tomahawk‘, which<br />

was launched a half hour later, because they came to help the injured. Civilians died also<br />

in Radio Television of Serbia, in sanitarium in Surdulica 199 , on dozens of bridges 200<br />

including the train bridge when the train passing through 201 , in factories (some of them<br />

created small ecological catastrophes), in schools, etc. NATO bombers also attacked<br />

refugees‘ convoy on Kosovo because they thought that it was a military convoy. 202<br />

Unfortunately, so-called journalists from western countries did not have an interest in the<br />

coverage of this side of the story. NATO officials, such as General Wesley Clark, also<br />

did not show concerns for this issue, and they viewed civilian victims as ―collateral<br />

damage‖. Actually, as Rebecca Sumner noticed: ―three to four times more civilians than<br />

soldiers were killed‖. Besides that, based to international law and NATO's documents,<br />

NATO must be subordinate to the UN and meet the terms of the international law. But in<br />

the case of Kosovo, NATO waged war without declaration of war which is illegal, used<br />

cluster bombs (forbidden for exceptional inhumanity), ―and repeatedly refused to<br />

subordinate their actions to the UN‖. 203 One of the reasons for NATO’s arrogance can be<br />

found in President Clinton‘s statement from 1993, where he said in regard to NATO<br />

interventions: ―With the United Nations if possible, without it if necessary‖. He also<br />

added: ―NATO is the decision-making criterion for the UN and not the other way<br />

around‖. 204<br />

199<br />

General Wesley K. Clark, Waging Modern War: Bosnia, Kosovo, and the Future of Combat (New York:<br />

Public Affairs, 2001), 334.<br />

200<br />

Ibid, 334.<br />

201<br />

Ibid, 254.<br />

202<br />

Ibid, 254-55.<br />

203<br />

Rebecca Sumner, ―A New World Order,‖ London Daily Online, http://www.london-daily.com/art/ldrebec.htm<br />

204<br />

Youtube Online, Bettina Kapune, ―It started with a Lie - NATO Aggression against Serbia 1999 Part 3,‖<br />

Westdeutschen Rundfunks (WDR), 2001, http://www.youtube.com/watch?v=3kuhfyd6bJs&NR=1


Boshkovich 82<br />

Nevertheless, the rest of the world did not show huge concern about life of<br />

ordinary people in Yugoslavia until NATO bombed the Chinese embassy on the 45 th day<br />

of bombing. On that day three Chinese journalists died which raised questions in the<br />

world about the way that NATO chooses targets, especially when considering that it had<br />

very negative effect on relationship with two important powers, Russia and China. 205<br />

At the same time in Kosovo, Serbian Security forces saw an opportunity to<br />

destroy the KLA, which was no longer on the State Department list of terrorist‘s<br />

organization, regardless of their connections with Al-Qaeda. It should be mentioned that<br />

some of the members of the KLA were involved in an unsuccessful attack on Fort Dix,<br />

NJ in 2007. 206 As usual, the worst situation was for the civilians. Approximately 800,000<br />

Albanians escaped from Kosovo. Some of them were victims of ―friendly fire‖, some<br />

victims of Serbian ―volunteers‖, but some were killed by the KLA because they did not<br />

want to fight against the Serbs. Of course people could read only about bad Serbs and<br />

Albanian refuges. Very often politicians from ―civilized countries‖ would make numbers<br />

bigger. The newest example is the interview in which Italian Foreign Minister Massimo<br />

D‘Alema gave to Indian newspaper. He said, ―When NATO attacked, Kosovo was under<br />

the Serb occupation and three million refugees crossed over to Albania‖. 207 What‘s<br />

wrong with this statement? Well, first of all, Serbia could not occupy Kosovo because<br />

that is/was (again depends from point of view) part of Serbia. Secondly, it is quite<br />

205 Michael Mandelbaum, ―A Perfect Failure: NATO‘s War against Yugoslavia‖, Foreign Affairs (1999),<br />

http://www.foreignaffairs.com/articles/55396/michael-mandelbaum/a-perfect-failure-natos-war-againstyugoslavia<br />

206 Chris Suellentrop, ―Carry on, Blair,‖ The New York Times Online, January 28, 2010,<br />

http://opinionator.blogs.nytimes.com/2007/05/10/carry-onblair/?scp=15&sq=Kosovo%20Liberation%20Army,%20Al-Qaeda&st=cse;<br />

four of the alleged plotters of a<br />

terrorist attack on Fort Dix, N.J., were ―ethnic Albanians from the former Yugoslavia, three from a town on<br />

the Macedonia-Kosovo border and one who had served as a sharpshooter in the Kosovo Liberation Army<br />

(K.L.A.) in its clashes with Serbian security forces during the 1990s‖<br />

207 B92 Online, archive October 17, 2007, http://www.b92.net/


Boshkovich 83<br />

impossible to have three million refuges from province that has less than two million<br />

people (it is impossible to know exact number because Albanians refused to participate<br />

on official census since 1981). Unfortunately, nobody cares about these comments<br />

because the Serbs are considered guilty for everything bad that happened in former<br />

Yugoslavia including Kosovo.<br />

Nevertheless, Serbia had to fight against the KLA and the NATO. This NATO<br />

intervention was called ―Merciful Angel‖. During this intervention, the KLA was very<br />

active. According to Serbian General Lazarevic‘s testimony in international court for war<br />

crimes, the KLA had between 20,000 and 25,000 members. 208 The KLA had a tactic<br />

called ―two villages‖. This meant that one village would be reserved only for the KLA,<br />

while the next one was home of the civilians/refugee camp. After defeating of the KLA<br />

positions, terrorists would escape to that second village and use civilians as shield. The<br />

other tactic that was used by the KLA since 1998 was ―thousand fires‖. 209 In other words,<br />

the KLA would have cells in every village, and their mission was to attack Serbian forces<br />

so often that they would not be able to control the situation. Lazarevic said that by 1998<br />

the KLA controlled between 400 and 600 villages on Kosovo. 210 At the same time, there<br />

were more than 500 breakings of the Serbian border from Albania that were made by<br />

Albanian groups seized from 10-800 members. Of course, Serbian forces could not stop<br />

that because they were obligated by the UN to retreat from the border with Albania.<br />

Speaking of battle with NATO aircrafts, Yugoslav army was in huge disadvantage<br />

due to NATO‘s technical, quantitative, and logistical advantages. NATO used hundreds<br />

208 International Criminal Tribunal for the Former Yugoslavia, p 17729,<br />

http://www.icty.org/x/cases/milutinovic/trans/en/071106IT.htm<br />

209 Ibid, p 17754, http://www.icty.org/x/cases/milutinovic/trans/en/071106IT.htm<br />

210 Ibid, p 18372-73, http://www.icty.org/x/cases/milutinovic/trans/en/071115IT.htm


Boshkovich 84<br />

of all kinds of aircrafts and bases in many countries. Those countries were not just<br />

members of NATO, but all other interested in military defeat of Yugoslavia. This is what<br />

General Clark said regarding Albania:<br />

In Albania, the reception was overwhelmingly positive. The young prime<br />

minister, Pandeli Majko, fluent in English, approved every request. May we use<br />

an additional airfield? Of course, use all airfields. May we repair the highway to<br />

Kukes? Please do so. And the road to Skopje? You may have all roads and all<br />

government facilities – take anything you need. 211<br />

It was the same situation in FYRM (Former Yugoslav Republic of Macedonia),<br />

and obviously in Croatia since General Clark said that NATO officials were in doubt if<br />

they should launch a ground troop invasion (which actually never happened) from<br />

Croatia and Hungary, or from Albania and FYRM.<br />

Of course, NATO and the KLA coordinated their actions in Kosovo as real allies.<br />

One of the KLA leaders, Agim Ceku, said more about that in Tim Judah‘s book, where<br />

he explained how the KLA helped NATO to easier identify Yugoslav soldiers. He said:<br />

One of the reasons Milosevic had to end the war was because we were attacking<br />

from the border and he was obliged to bring in many units who made good<br />

targets. Before, they had been dug in, but our attack made them come out. NATO<br />

enjoyed that bombing! The Serbs were faced with low morale and no one wanted<br />

to go to Pastrik or Kosare. Milosevic was in danger of losing his army. One B-52<br />

killed 224 soldiers. 212<br />

211<br />

General Wesley K. Clark, Waging Modern War: Bosnia, Kosovo, and the Future of Combat (New York:<br />

Public Affairs, 2001), 257.<br />

212<br />

Tim Judah, Kosovo: War and Revenge (New Haven: Yale <strong>University</strong> Press, 2000), 284.


Boshkovich 85<br />

Finally after 78 days of NATO bombing, in which the usage of ammunition<br />

enriched with depleted uranium and cluster bombs (violation of a couple of UN<br />

agreements regarding conducting the wars) was a common thing (even Gen. Clark<br />

mentioned usage of cluster bombs in his book 213 ), Milosevic understood that a fight with<br />

19 countries could not last forever, regardless of the fact that Yugoslav Anti Air Defense<br />

was much more successful then one would expect, even Gen. Clark admitted a couple of<br />

destroyed aircrafts including Stealth fighter bomber F-117. 214 Milosevic decided to sign<br />

the Kumanovo (city in Macedonia) treaty, which was actually a capitulation (of course<br />

Milosevic used his powerful propaganda to convince citizens that it was a victory).<br />

Serbian forces had to retreat from Kosovo, while the KFOR came in to protect non-<br />

Albanians. During this ―protection‖ more than 250,000 Serbs escaped to central Serbia,<br />

while approximately 100,000 left in Kosovo, either on the north of the province or in<br />

enclaves on the south. Unfortunately, the international community did not show an<br />

interest to bring these refugees home. It is not very often that people are refugees in their<br />

own country (precise name is actually Internal Dislocated Persons-IDP), but as head of<br />

the European parliament for Southeast Europe Doris Pack said, Kosovo is the right<br />

punishment for Serbian behavior. 215 Interestingly Doris Pack is German politician and it<br />

is questionable if she has the moral right to talk about punishing an entire nation because<br />

of one leader. If she is right, Germany should not exist today.<br />

Noam Chomsky discussed about legitimacy of NATO bombing. He said:<br />

213 Ibid, 296.<br />

214 Ibid, 215.<br />

215 Glas Javnosti Online, ―Nezavisnost Kosmeta, Zatim Potpis Srbiji,‖ December 14, 2007,<br />

http://www.glas-javnosti.rs/clanak/glas-javnosti-14-12-2007/nezavisnost-kosmeta-zatim-potpis-srbiji


One of the most important is the study by the International Independent<br />

Boshkovich 86<br />

Commission of Inquiry on the Kosovo war, headed by the distinguished South<br />

African jurist Richard Goldstone. The commission rendered the harshest criticism<br />

anywhere near the mainstream of the NATO bombing of Serbia in 1999,<br />

concluding that the bombing was ―illegal but legitimate‖: ―It was illegal because<br />

it did not receive approval from the UN Security Council, but it was legitimate<br />

because all diplomatic avenues had been exhausted and there was no other way to<br />

stop killings and atrocities in Kosovo‖. 216<br />

However, Chomsky argued about the statement that all diplomatic options were<br />

exhausted. The reason for this he found in the fact that after 78 days of bombing two<br />

sides did actually reach compromise, ―…so it appears that diplomatic options were<br />

available, after all‖. 217 Indeed, how was it possible to make some deal after the bombing<br />

but not before? The international community led by NATO accepted to be present just in<br />

Kosovo, Albanians did not insist anymore on referendum, while Serbs allowed the<br />

foreign military presence. Is it possible that war was imminent just because some<br />

influential people wanted that to happen, not to mention the real reasons for war because,<br />

as Chomsky said: ―There is a vast documentary record available from impeccable<br />

Western sources, including several compilations by the State Department released in<br />

justification of war….They all reach the same conclusion: the killings and atrocities did<br />

not precede but followed the bombing, as the indictment of Milosevic has also<br />

revealed‖. 218 He added: ―It is perhaps worth mentioning an astonishing justification for<br />

216 Noam Chomsky, Failed States: The Abuse of Power and the Assault on Democracy (New York: Holt<br />

Paperbacks, 2006), 95.<br />

217 Ibid, 96.<br />

218 Ibid, 96.


Boshkovich 87<br />

the bombing contrived by some of its supporters…that the NATO attack was justified by<br />

the crimes at Srebrenica, or Bosnia generally‖. 219<br />

A very important part of any war is a media war. This is the war that Serbia lost<br />

even before the real war started. World media pictured Serbs as the worst enemies of<br />

democracy in the world. It was a pretty common thing to see how President Milosevic<br />

was compared with Hitler, Serbian Armed Forces with Nazi troops, while the KLA was<br />

portrayed as freedom fighters. All this was the same scenario that was used in Croatia and<br />

Bosnia and Herzegovina. Even the writer of this paper experienced comic situation while<br />

traveling to Athens in 1995 (Greece was one of rare countries that allowed Serbs to travel<br />

regardless of UN sanctions). On that trip he met two girls from New York which were in<br />

their mid twenties. Two of them showed interest to talk to the author of this paper and his<br />

colleague from the band. However, once it was time for this author to say where he is<br />

from, and he said Serbia, those two girls screamed ―Oh my God‖, and ran away. At that<br />

time it seemed very funny, but from later perspective it became obvious that the situation<br />

is very serious because people in the world thought that Serbs were monsters that are<br />

killing babies and raping women (at that time media launched a story about collective<br />

rapes of Muslim women in Bosnia and Herzegovina).<br />

The same media did their job in preparing the world audience to new bombing of<br />

Serbs. The Serbs were accused for millions of refuges from Kosovo and hundreds of<br />

thousands of deaths. It was very common to hear comments such as: "we've now seen<br />

about 100,000 military-aged [Albanian] men missing... they may have been murdered."-<br />

US Defence Secretary William Cohen, or "225,000 ethnic Albanian men aged between<br />

219 Ibid, 99.


Boshkovich 88<br />

14 and 59 may have been killed‖- David Scheffer, the US ambassador at large for war<br />

crimes. British PM Blair called upon the Holocaust and "the spirit of the Second World<br />

War". 220<br />

Nevertheless, ten years after the war relevant institution came with real numbers<br />

of people killed in the conflict in Kosovo from 1998 until 2000. According to FHP<br />

(Found for Humanitarian Right), 13,421 people were killed in Kosovo or had been<br />

reported as a missing person. 10,533 of those are Albanians; 2,238 are Serbs; 126<br />

Gypsies; 100 Bosniaks; 40 Montenegrins; 25 Ashkalis; 18 Egyptians; 13 Turks; 10<br />

Hungarians; and over 300 of members of other ethnic groups 221 (unfortunately, number<br />

of killed Serbs is not final because they are still targets of Albanian terrorists, including<br />

the attack in March of 2004, the largest one since KFOR came to Kosovo). 222 Evidently,<br />

Albanians had almost five times more victims than Serbs, but in percentages Serbs<br />

suffered more since there were 6-7 times more Albanians than Serbs in Kosovo (now that<br />

ratio is 1 to 10). It is interesting that among killed Serbs are 577 soldiers and 354 police<br />

officers (13 of those police officers were actually Albanians that were loyal to Serbia).<br />

Unfortunately, it is still unknown what happened to 1,886 people that are missing (over<br />

500 of them are Serbs, Gypsies and other non-Albanians).<br />

Since one picture is worth a 1,000 words here are a couple of pictures that were<br />

used to blame the Serbs and portray the Albanians as innocent victims that seek<br />

democracy and freedom.<br />

220<br />

John Pilger, ―How Silent Are the Humanitarian Invaders of Kosovo?‖ Global Policy Forum Online,<br />

December 8, 2004, http://www.globalpolicy.org/component/content/article/168/36491.html<br />

221<br />

Blic Online, ―FHP: 13,421 Zrtva Sukoba na Kosovu,‖ October 6, 2009,<br />

http://www.blic.rs/hronika.php?id=114227<br />

222<br />

Human Rights Watch, ―Kosovo: Failure of NATO, U.N. to Protect Minorities,‖ July 26, 2004,<br />

http://www.hrw.org/en/news/2004/07/26/kosovo-failure-nato-un-protect-minorities


Boshkovich 89<br />

223 224<br />

225 It is always good to show innocent unprotected<br />

babies at the cover page and ask tendentious<br />

questions (I.B.) 226<br />

223<br />

Ovsiste Online, http://www.freewebs.com/ovsiste/#+<br />

224<br />

BBC Online, September 27, 2007, http://news.bbc.co.uk/2/hi/in_pictures/7016174.stm<br />

225<br />

Time Online, archive April 5, 1999,<br />

http://images.google.com/imgres?imgurl=http://img.timeinc.net/time/magazine/archive/covers/1999/11019<br />

90412_400.jpg&imgrefurl=http://www.time.com/time/covers/0,16641,19990412,00.html&usg=__kTkiJdH<br />

BxskKu3OzUj4njz4Si2s=&h=527&w=400&sz=46&hl=en&start=3&um=1&itbs=1&tbnid=qcjmC1IbvlOii<br />

M:&tbnh=132&tbnw=100&prev=/images%3Fq%3DTime%2BCover,%2BKosovo%26hl%3Den%26rlz%3<br />

D1T4GGIH_enUS310US310%26sa%3DN%26um%3D1<br />

226<br />

Time Online, archive April 12, 1999,<br />

http://images.google.com/imgres?imgurl=http://img.timeinc.net/time/magazine/archive/covers/1999/11019<br />

90412_400.jpg&imgrefurl=http://www.time.com/time/covers/0,16641,19990412,00.html&usg=__kTkiJdH<br />

BxskKu3OzUj4njz4Si2s=&h=527&w=400&sz=46&hl=en&start=3&um=1&itbs=1&tbnid=qcjmC1IbvlOii<br />

M:&tbnh=132&tbnw=100&prev=/images%3Fq%3DTime%2BCover,%2BKosovo%26hl%3Den%26rlz%3<br />

D1T4GGIH_enUS310US310%26sa%3DN%26um%3D1


Boshkovich 90<br />

Section B; From UN Resolution 1244 to Declaration of Independence<br />

In this section the most interesting points from UN‘s resolution 1244 (adopted<br />

immediately after the bombing, on June 10 th 1999, available in Appendix (IV) of this<br />

research) will be presented; it is also available on UN‘s website. 227 This is one of those<br />

statements that clearly say that Yugoslav sovereignty should be secure;<br />

―Reaffirming the commitment of all Member States to the sovereignty and<br />

territorial integrity of the Federal Republic of Yugoslavia and the other States of the<br />

region, as set out in the Helsinki Final Act and annex 2.‖ 228<br />

Obviously, member states did not protect sovereignty and integrity of the FR<br />

Yugoslavia and Serbia since on their watch the Albanians declared independence.<br />

Another interesting point is in regard to presence of Yugoslav‘s armed forces in<br />

Kosovo. It is written:<br />

3. Demands in particular that the Federal Republic of Yugoslavia put an<br />

immediate and verifiable end to violence and repression in Kosovo, and begin and<br />

complete verifiable phased withdrawal from Kosovo of all military, police and<br />

paramilitary forces according to a rapid timetable, with which the deployment of<br />

the international security presence in Kosovo will be synchronized;<br />

4. Confirms that after the withdrawal an agreed number of Yugoslav and<br />

Serb military and police personnel will be permitted to return to Kosovo to<br />

perform the functions in accordance with annex 2. 229<br />

227 United Nations, Resolution 1244, http://daccess-ddsny.un.org/doc/UNDOC/GEN/N99/172/89/PDF/N9917289.pdf?OpenElement<br />

228 Ibid, 2.<br />

229 Ibid, 2.


Boshkovich 91<br />

Yugoslavia completed her part of this demand; all men under arms were pulled<br />

back from Kosovo, but the other side that had particular obligations by this demand did<br />

not fulfill her tasks. Their troops (KFOR) did not fill the vacuum made by withdrawal of<br />

Yugoslav forces, which created perfect conditions for the KLA to continue with their<br />

activities. More importantly, the UNMIK (UN Interim Administration Mission in<br />

Kosovo) never wanted to even discuss the fulfillment of the demand where it is stated<br />

that the Yugoslav police and military should be permitted to return to Kosovo and<br />

perform some functions in accordance to annex 2 where is stated:<br />

6. After withdrawal, an agreed number of Yugoslav and Serbian personnel<br />

will be permitted to return to perform the following functions:<br />

- Liaison with the international civil mission and the international<br />

security presence;<br />

- Marking/clearing minefields;<br />

- Maintaining a presence at Serb patrimonial sites;<br />

- Maintaining a presence at key border crossings. 230<br />

As already mentioned in this paper, the KLA was supposed to be demilitarized<br />

(―Demilitarizing the Kosovo Liberation Army (KLA) and other armed Kosovo<br />

Albanian groups as required in paragraph 15 below‖) 231 , but instead of that, a huge<br />

number of KLA fighters just changed uniforms and became part of Kosovo Protection<br />

Corpus (KPC).<br />

230 Ibid, 6.<br />

231 Ibid, 3.<br />

―…Establishing a secure environment in which refugees and displaced


Boshkovich 92<br />

persons can return home in safety…‖ 232 is also something that was conduct only in the<br />

manner to satisfy Albanian refugees. While they returned home immediately after the end<br />

of the bombing, Serbs that were internally displaced persons (IDP) are still IDP and the<br />

number of them is growing every day.<br />

The following statement is one of those that are in favor of the Albanians because<br />

it has ties with <strong>Rambouillet</strong> peace accords: ―Facilitating a political process designed to<br />

determine Kosovo‘s future status, taking into account the <strong>Rambouillet</strong> accords<br />

(S/1999/648)‖. 233 What is noticeable for anyone that knows something about the<br />

negotiation process over Kosovo is that it is very strange that this sentence which<br />

supports <strong>Rambouillet</strong> accords is written in the same document where member states are<br />

called to protect Yugoslav‘s sovereignty and territorial integrity. However, Yugoslav<br />

authorities led by President Milosevic had to accept this resolution to stop the bombing.<br />

Another thing that was stated in resolution 1244 is ―Protecting and promoting<br />

human rights”. Unfortunately, this was never implemented toward the Serbs who are<br />

still targets of Albanian terrorists, especially in enclaves located in southern Kosovo. 234<br />

The truth is that the Resolution 1244 ―created an international protectorate‖ 235 ,<br />

regardless of Milosevic‘s attempt to fool his citizens that he made a fair agreement.<br />

232<br />

Ibid, 3.<br />

233<br />

Ibid, 4.<br />

234<br />

Zejak N, ―Mortar Attack on Gorazdevac,‖ Blic Online, March 11, 2000, http://www.exyupress.com/blic/blic17.html<br />

235<br />

Ray Murphy, UN <strong>Peace</strong>keeping in Lebanon, Somalia, and Kosovo: Operational and Legal Issues in<br />

Practice (Cambridge: Cambridge <strong>University</strong> Press, 2007), 157.


Boshkovich 93<br />

Sectors in Kosovo 236<br />

KFOR divided Kosovo into five zones of responsibilities. The French contingent<br />

is in the northern part of Kosovo, in an area where the Serbs are the majority. The British<br />

are in the central region, including the capital of Pristina, probably because the UK is one<br />

of the strongest supporters of Kosovo independence. The US troops are on the border<br />

with FYR Macedonia because they do not want to be involved too much in possible<br />

conflicts. Germans are on the south where Albanians represent vast majority, which is<br />

good because Serbs still have bad memories from WWII regarding German soldiers. In<br />

the west zone are Italian soldiers. This is a very dangerous zone because of the great<br />

number of locations that are contaminated by depleted uranium that was used by NATO<br />

bombers. One study shows that several Italian soldiers died because of that, while dozens<br />

of them suffer from different types of cancer. 237<br />

How poorly KFOR protects citizens of Kosovo, especially the Serbs is noticeable<br />

through the number of damaged and destroyed churches and other evidences that Serbs<br />

236 Planken Online, http://planken.org/images/balkans/map_kfor_sect.gif<br />

237 Blic Online, ―Uranijumski Danak na Jugu Srbije,‖ November 4, 2007,<br />

http://www.blic.rs/drustvo.php?id=18489


Boshkovich 94<br />

were in Kosovo for centuries. According to British Ministry of Foreign Affairs, since<br />

1999 in Kosovo was damaged or destroyed total of 155 Serbian churches and<br />

monasteries, 250 cemeteries, and approximately 6,750 of graves. 238<br />

There are soldiers from other countries inside these five zones, but their number is<br />

not significant, and their purpose is to make picture of international presence in Kosovo,<br />

not only NATO. KFOR came as a result of the UN resolution 1244. This resolution<br />

should guarantee Serbia sovereignty and protection for all people, but the reality is<br />

different. <strong>Peace</strong>keepers are more concerned about their own safety, and there are not<br />

enough of them. 239 That is the reason why they created the KPC (Kosovo Protection<br />

Corpus), with a mission to protect people. As already mentioned, the problem is that the<br />

majority of the KPC are former KLA members, just this time on the UNMIK paycheck.<br />

So it is not very difficult to imagine how concerned they are about the rights of Serbs.<br />

The other part of the Resolution 1244 that no one cares about is allowing the Serbian<br />

Police and Army to return in areas with Serbs majority. On the contrary, the UNMIK said<br />

that any attempt in this direction from the Serbian government would be considered as an<br />

attack on Kosovo and the UN.<br />

238 Tereza Bojkovic, ―Britanci Prebrojali Unisteno Srpsko Nasledje na Kosmetu,‖ Politika Online,<br />

November 16, 2009, http://www.politika.rs/rubrike/Drustvo/Britanci-prebrojali-unishteno-srpsko-nasledjena-Kosmetu.sr.html<br />

239 Melanie McDonagh, ―Now the Serbs Need Our Help,‖ New Statesman 128, no. 4442, 12,<br />

http://web.ebscohost.com.ezproxy.hpu.edu:5000/ehost/detail?vid=4&hid=104&sid=9dbdebf0-0704-4835-<br />

9a72-<br />

420fbf2333f2%40sessionmgr112&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=hlh&AN=2025037


Serbian population in Kosovo 1999 (since KFOR‘s watch) and 2005 240<br />

In the meantime, Kosovo became a paradise for drug dealers and sex<br />

Boshkovich 95<br />

trafficking. 241, 242 The KLA is in charge of the majority of heroin supplies that comes<br />

from Afghanistan through the Balkan to the EU. Even during the strongest presence of<br />

Serbian Armed Forces in Kosovo it was impossible to stop these activities. Today the<br />

situation is even worse, but the UNMIK did not show an interest to end these criminal<br />

activities; probably even if they wanted it would not be doable. Prostitution is probably<br />

the second biggest source of income for citizens of Kosovo. 243 Unfortunately, even some<br />

KFOR soldiers, with their high incomes and huge distance from loved ones are<br />

occasionally clients. Other than this, Kosovo‘s economy almost does not exist, and<br />

besides illegal privatization of some Serbian companies, there is no other way for citizens<br />

to make money. According to the UNDP, 14 % of Kosovo citizens live with less than 70<br />

eurocents per day. 244<br />

240 Novosti Online, February 21, 2008,<br />

http://www.novosti.rs/code/navigate.php?Id=4&status=jedna&vest=116577&datum=2008-02-22<br />

241 Imer Mushkolaj, ―Drug Dealers Flourish in Post-War Kosovo,‖ New York <strong>University</strong>, June 22, 2000,<br />

http://www.bu.edu/globalbeat/syndicate/Imer062200.html<br />

242 BBC Online, ―Kosovo UN Troops ‗Fuel Sex Trade‘,‖ May 6, 2004,<br />

http://news.bbc.co.uk/2/hi/europe/3686173.stm<br />

243 Ronald G McNeil Jr., ―U.N. and NATO Move to Curb Kosovo Crime,‖ The New York Times,<br />

http://www.nytimes.com/2000/10/15/world/un-and-nato-move-to-curb-kosovo-crime.html?pagewanted=1<br />

244 B92 Online, archive October 17, 2007, http://www.b92.net/


Boshkovich 96<br />

The political situation in Kosovo is even worse than the economical. The first<br />

Kosovo Prime Minister was Ramus Haradinaj, but, as explained in section about the<br />

KLA, he had to go to Hague‘s war crimes court. He is now free in Kosovo due to the<br />

disappearance of some crucial witnesses. 245, 246 The next Prime Minister was Agim<br />

Ceku, another KLA suspect terrorist, but without enough evidences for Carla Del Ponte<br />

(main prosecutor of ICTY in Hague) to press charges. The present Prime Minister is<br />

Hasim Thaci, terrorist/rebellion earlier mentioned in this research. It is not difficult to<br />

imagine how the Serbs feel with all these KLA leaders as Prime Ministers, but the writer<br />

of this paper is very thankful to his grandparents because they decided a long time ago to<br />

move from Kosovo. The only thing that the Serbs could do is avoiding participation in<br />

this ―political life‖. Obeying official Belgrade, Serbs decide not to participate in elections<br />

(except for a small number of those that are used by ethnic Albanians as an ornament).<br />

The international community was ―very disappointed‖ with this decision. That is another<br />

example of a double standard because Albanians from Kosovo have never (since 1990<br />

first democratic elections) participated in elections, but that same international<br />

community said that it was their democratic right not to vote, even if they could take<br />

around 35 seats out of 250 in Serbian parliament, which would give them an opportunity<br />

to, along with the Serbian opposition overthrow Milosevic‘s regime much earlier and<br />

possibly avoid the war. More than that, when invited to participate in elections for<br />

245 Simon Jennings, ―Hague Prosecutors Appeal Haradinaj Judgment,‖ Institute for War & <strong>Peace</strong><br />

Reporting, July 18, 2008, http://www.iwpr.net/?p=tri&s=f&o=345814&apc_state=henptri<br />

246 B92 Online, ―Hague Tribunal Sets Haradinaj, Balaj Free,‖ April 3, 2008,<br />

http://www.b92.net/eng/news/crimes-article.php?mm=4&dd=3&yyyy=2008


Boshkovich 97<br />

Serbian parliament, ethnic Albanians would cynically respond that they do not want to<br />

interfere in domestic affairs of neighboring country. 247<br />

248 Republican presidential candidate Sen. John<br />

McCain, R-Ariz., speaks to a pro Kosovo, pro<br />

McCain, rally across the street from his<br />

New York City hotel Friday morning,<br />

Feb. 11, 2000. McCain is in New York for the day<br />

to attend fundraisers and to talk to the press<br />

before returning to South Carolina Friday night.<br />

(AP Photo/Stephan Savoia). 249<br />

Money that the KLA made from dealing drugs, as well as from tax collection<br />

abroad 250 , is no longer used for buying the weapons. Now that‘s the most important way<br />

for buying the support for independence around the world. That is the reason why the<br />

247<br />

Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 35.<br />

248<br />

―John McCain aimed Kosovo Islamic terrorists.‖ Svet, February 13, 2008,<br />

http://3.bp.blogspot.com/_PsML9GxjaK0/R7dtJ7LSzJI/AAAAAAAAAXg/PChvWGtk-<br />

2k/s320/McCainKLA.JPG<br />

249<br />

Justin Raimondo, ―McCain and the KLA connection,‖ Antiwar Online, February 25, 2000,<br />

www.antiwar.com/justin/j022500.html<br />

250<br />

Zoran Kusovac, ―The KLA: Braced to Defend and Control,‖ Jane’s Online<br />

http://www.janes.com/defence/news/kosovo/jir990401_01_n.shtml; ―The self-proclaimed government of<br />

the 'Republic of Kosovo' collected a 3 per cent income tax on all exiles working in Germany, Switzerland<br />

and Austria, but much more important for the financing of the KLA were the funds sent by family members<br />

who worked abroad‖.


Boshkovich 98<br />

Albanians have such a strong caucus in the USA Senate and in EU parliament. One of the<br />

main supporters of Albanian interests in USA is Congressman Joseph DioGuardi. He<br />

founded the Albanian caucus (back in 1990‘s) in the Congress in which he brought<br />

Senators Robert Dole, Alfonse D‘Amato, Dennis DeConcini, and Congressmen Tom<br />

Lantos. 251, 252 Besides that, it is very important to have private journalists in influential<br />

magazines and newspaper. Due to a huge pressure from these Albanian‘s allies, the UN<br />

decided to end this status quo. The UN sent Marti Ahtisary to solve this problem. Very<br />

soon he came to the conclusion that Kosovo should be independent. There were some<br />

rumors in Serbia that he received 40 million euros for this decision and that this<br />

information came from the BND (German Intelligence Service) 253 , but this story never<br />

reached cover pages. Naturally Serbian government strongly opposed this idea and the<br />

UN decided to send ―Troika‖ (from number three, representing negotiators from USA,<br />

EU, and Russia) to start new negotiations. Albanians never took these negotiations<br />

seriously because the international community said that if ‗Troika‘ does not manage a<br />

better solution in 120 days than Ahtisary‘s proposal will be implemented 254 So Albanians<br />

had a simple task, just to travel around the world with ‗Troika‘ and pretend that they care<br />

about these talks.<br />

Serbs, Albanians, and ‗Troika‖ had a due date of December 10 th 2007. Even<br />

before this date their negotiations were finished because a compromise was impossible.<br />

Albanians wanted only independence while the Serbs could offer anything but the<br />

251 Predrag Simic, Put u Rambuje: Kosovska Kriza 1995-2000 (Beograd: Nea, 2000), 22.<br />

252 Joseph J DioGuardi and Shirley Cloyes, ―The Albanian American Civic League: On a Collision Course<br />

with Slobodan Milosevic,‖ http://blog.aacl.com/the-aacl-on-a-collision-course-with-slobodon-milsovic/<br />

253 Axis Information and Analysis Online, ―Eurasian Secret Services Daily Review,‖ June 25, 2007,<br />

http://www.axisglobe.com/article.asp?article=1334<br />

254 Ahtisary received Nobel <strong>Peace</strong> Prize in 2008 for efforts to resolve international conflicts including that<br />

one in Kosovo. Obviously it was less important how successful he was.


Boshkovich 99<br />

independence. It is understandable that Serbia strongly disagreed with dismemberment of<br />

15% of its territory. It would be interesting to see how people in UK for example would<br />

feel if the international community insisted on the independence of Wales.<br />

Potential Independent States in Europe 255<br />

However, the reality is that 1.8 million Albanians in Kosovo do not want to live<br />

under Serbian authority. For this reason Serbs suggested a couple of solutions during<br />

talks with ‗Troika‘. The Serbs offered a system that exists in China regarding Hong<br />

Kong, which is the part of China but still parallel system. Albanians rejected this because<br />

―Hong Kong and Kosovo have completely different positions‖. 256 After this idea, Serbia<br />

came up with another solution; Oland‘s islands in Finland with Swedish majority. 257<br />

Again, the Albanians said no. All that the Albanians wanted to talk about was the future<br />

relations between Serbia and Kosovo as two neighboring countries.<br />

255<br />

Caenada Blogspot Online, http://caenada.blogspot.com/2008/02/potential-independent-states-ineurope.html<br />

256<br />

B92 Online, ―Beograd: Kosovo kao Hong Kong,‖ November 5, 2007,<br />

http://www.b92.net/info/vesti/index.php?yyyy=2007&mm=11&dd=05&nav_id=270794.<br />

257<br />

United Nations, ―Serbia‘s President Calls on Security Council to Prevent Encouragement, Adoption of<br />

Any Unilateral Act on Independence of Kosovo,‖ January 16, 2008,<br />

http://www.un.org/News/Press/docs/2008/sc9227.doc.htm


Section C; Declaration of Independence<br />

Boshkovich 100<br />

Just a couple of months after the end of talks regarding the final solution for<br />

Kosovo, on February 17 th 2008, the Albanians unilaterally declared independence.<br />

Interestingly, to avoid Russian intervention in the UN, separatists have chosen Sunday to<br />

declare independence. This declaration was immediately recognized by the USA,<br />

Germany, UK, France, Italy, and other countries that bombed Serbia 9 years before.<br />

Additionally, countries that are probably not sure where Kosovo is recognized this<br />

independence most likely due to a foreign pressure; examples are Costa Rica,<br />

Afghanistan, Marshall Islands, Nauru, Burkina Faso, Colombia, Belize, Samoa,<br />

Comoros, Montenegro, FYR Macedonia, etc. Besides those countries, as expected, many<br />

countries with Muslim majority have also recognized Kosovo as an independent country.<br />

On the other side, Serbia decided to protect her territory and citizens not with the<br />

weapons but by usage of diplomacy (for the first time since 1990‘s). The author of this<br />

paper thinks that it was a very wise decision, regardless of the fact that some people in<br />

Serbia thought that the invasion of Kosovo was a better alternative due to NATO‘s<br />

commitments in Afghanistan and Iraq. The most important allies for the Serbs regarding<br />

this matter are Russia and China. Besides them, there are some other countries that are<br />

also in favor of Serbia mainly because of their own issues with separatism, or just<br />

because of their strong belief that independence of Kosovo is violation of international<br />

law. Examples are: Spain, Slovakia, Romania, Greece, Cyprus, Brazil, India, Argentina,<br />

South Africa, Venezuela, Bosnia and Herzegovina (because of Serbs in that country who<br />

have some kind of veto in federal institutions), etc.


Boshkovich 101<br />

In reaction to declaration of independence many Serbs spontaneously started<br />

demonstrations in major cities in Serbia and rest of the world. Unfortunately, some of<br />

those protestors missed an opportunity to peacefully show their concern and<br />

disagreement with this decision (there is an old saying in Serbia that Serbs never miss an<br />

opportunity to miss the opportunity). Instead, they broke in to the US embassy and set<br />

fire in which one protestor (internally displaced person from Kosovo) has died. Sadly,<br />

because of a couple dozen of violent protestors that attacked the US and Croatian<br />

embassy the rest of the world (thanks to the CNN and other news agencies) did not see<br />

almost a million of worried protestors but footage from the US embassy in fire instead. 258<br />

Even the writer of this paper had friends at work that asked him what‘s wrong with the<br />

Serbs again.<br />

Nevertheless, Serbian authorities commenced a huge diplomatic offensive to<br />

make sure that number of countries that are recognizing Kosovo is not growing, lobbying<br />

at the same time in the UN to open discussion in front of the International Court of<br />

Justice (ICJ) in Hague which would have to hear pros and cons about declaration of<br />

independence and announce the official opinion. 259<br />

This trial started on December 1 st 2009, and the Serbs are hoping that this<br />

decision will be in their favor, but some people are very concerned, especially after<br />

Hisashi Owada‘s (Japanese Judge who is the President of ICJ) 260 announcement that most<br />

258 CNN Online, ―U.S. Warns Serbia It‘s Responsible for Safety of Embassy,‖ February 22, 2008,<br />

http://edition.cnn.com/2008/POLITICS/02/22/us.serbia/index.html?iref=storysearch; yet, some Western<br />

sources were lees bias, such as Times, http://www.time.com/time/photogallery/0,29307,1715332,00.html<br />

259 BBC Online, ―UN Seeks World Court Kosovo View,‖ http://news.bbc.co.uk/2/hi/europe/7658103.stm;<br />

74 countries in the UN voted in favor of asking ICJ for advice, 6 were against, while 74 abstained from<br />

voting.<br />

260 Miroslav Lazanski, ―Od Japanca, Iskreno,‖ Politika Online, November 22, 2009,<br />

http://www.politika.rs/rubrike/Svet/Od-Japanca-iskreno.sr.html


Boshkovich 102<br />

likely the ICJ statement won‘t be right or wrong, but rather several pages of interpretation<br />

which will make room for both sides to interpret it in the way they like.<br />

So far several countries have had a chance to speak in front of the ICJ regarding<br />

Kosovo independence. Approximately 15 countries will support the Serbs, while the<br />

same number of countries will support the Albanians. Here are a couple of statements<br />

from the ICJ sessions so far, starting with those that support Serbian positions:<br />

The ambassador of Bolivia said that Serbia could not unilaterally forbid the<br />

staying of international organization in Kosovo, and in the same manner authorities in<br />

Pristina cannot unilaterally cancel the sovereignty of Serbia over Kosovo. He said that the<br />

right for independence is guaranteed to nations that are under colonial rule or occupation.<br />

Since Kosovo have never been a colony nor under the occupation of foreign country it<br />

can not have right for independence. 261<br />

China said that there is not question that Kosovo was part of FR Yugoslavia and<br />

Serbia after the collapse of SFRY. The integral parts of sovereign countries, based on<br />

international law, do not have the right to unilaterally declare independence, while<br />

protection of territorial integrity is a blueprint for international order of law. 262<br />

Cyprus called the ICJ to implement international law, and stated that Kosovo‘s<br />

declaration of independence is illegal. Cyprus‘ Ambassador denied accepting Kosovo as<br />

a ‘unique case‘, warning that if the ICJ found Kosovo‘s independence legal it would be<br />

very difficult to limit that statement just to Kosovo. 263<br />

261 Blic Online, ―Brazil i Bolivija Protiv, Bugarska za Nezavisnost Kosova,‖ April 12, 2009,<br />

http://www.blic.rs/politika.php?id=123905<br />

262 B92 Online, ―Nastavak Rasprave o Kosovu u Hagu,‖ December 7, 2009,<br />

http://www.blic.rs/politika.php?id=123905<br />

263 Ibid


Russia said (Tuesday, December 8 th 2009) that unilateral declaration of<br />

Boshkovich 103<br />

independence is illegal, underlining that the Resolution 1244, which confirms the Serbian<br />

territorial integrity is still active. The Russian delegation said that it is very often heard<br />

that the international law is not the real law, but that the real law is that one of the<br />

stronger. They added that this is time to show that international law is the real one. 264<br />

Spain also said that Kosovo violated international law. Spain envoy stated that<br />

unilateral declaration of independence can not be in line with international law because it<br />

violates principle of territorial integrity and sovereignty of Serbia, which are protected by<br />

the Resolution 1244 of Security Council of UN. 265<br />

views:<br />

On the other side, countries that are traditionally opposed to Serbia gave their<br />

The Bulgarian envoy said that Kosovo did not violate international law or the<br />

Resolution 1244. He said that declaration of independence is not covered by international<br />

law, but under domestic constitutional law. According to him, the Resolution 1244 did<br />

not require agreement regarding the status of Kosovo. 266<br />

Croatian envoy, Andreja Metelko Zgombic said that Kosovo was part of the<br />

SFRY, and that because of that it had right to declare independence. She added that<br />

Albanians in Kosovo were victims of repression of Serbian authorities, and that will of<br />

the people of Kosovo should be the bottom line in making the final decision regarding<br />

264 Novosti Online, ―Pravo je Iznad Moci,‖ December 8, 2009,<br />

http://www.novosti.rs/code/navigate.php?Id=1&status=jedna&vest=164837&title_add=Pravo%20je%20izn<br />

ad%20mo%C4%87i&kword_add=nezavisnost%20kosova%2C%20medjunarodni%20sud%20pravde<br />

265 Ibid<br />

266 Blic Online, ―Brazil i Bolivija Protiv, Bugarska za Nezavisnost Kosova,‖ April 12, 2009,<br />

http://www.blic.rs/politika.php?id=123905


Boshkovich 104<br />

Kosovo. 267 Unfortunately, she missed an opportunity to explain why Serbs in Krajina<br />

(part of Croatia where Serbs were in majority until ethnic cleansing of 1995) did not have<br />

the same right as the one that she is giving to Albanians. However, this is something that<br />

was expected from Croatia, especially when one knows that by giving right to southern<br />

Serbian province to separate they are giving the same right to Serbian northern province<br />

(Vojvodina), which was already occupied by Croatia (WWII when Vojvodina along with<br />

Bosnia and Herzegovina was part of German made independent Croatia).<br />

The USA asked ICJ to leave Kosovo‘s declaration of independence intact either<br />

by refusal to make a statement about that, or by finding that the international law does not<br />

forbid declaration of independence. The USA envoy also asked the ICJ not to look at<br />

Kosovo‘s case as a part of bigger story, but rather as a unique case. He added that there is<br />

not any kind of contradiction between peacefully declared independence and international<br />

law, including the Resolution 1244. Envoy also explained that by doing this Kosovo did<br />

not break principle of territorial integrity because that is obligatory only for states, but not<br />

for inner entities. He also said that declaration of independence of Kosovo is final stage<br />

of death of the SFRY, with note that initially Serbia did not recognize Slovenia and<br />

Croatia, but later on that happened. 268 Again, it is not hard to find biases in the statement<br />

of country that supports independence of Kosovo. First, who is going to explain to other<br />

regions in the world that seeks independence why they can not be a ‗unique case‘ as<br />

well? Also, the US envoy compared Slovenia and Croatia, which were republics that<br />

267 B92 Online, ―Nastavak Rasprave o Kosovu u Hagu,‖ December 7, 2009,<br />

http://www.blic.rs/politika.php?id=123905<br />

268 Novosti Online, ―Pravo je Iznad Moci,‖ December 8, 2009,<br />

http://www.novosti.rs/code/navigate.php?Id=1&status=jedna&vest=164837&title_add=Pravo%20je%20izn<br />

ad%20mo%C4%87i&kword_add=nezavisnost%20kosova%2C%20medjunarodni%20sud%20pravde


Boshkovich 105<br />

were part of the SFRY with Kosovo which is/was a Province of Serbia (as people would<br />

say apples and oranges). Lastly, is not this a great excuse for the Serbs in Bosnia<br />

(Republic of Srpska covers 49% of Bosnia) to request independence as the last stage of<br />

collapse of the SFRY?<br />

Still, there are some important individuals in the US who also think that<br />

independence of Kosovo is not good idea. One of them is James Lyons (U.S. Navy<br />

retired Admiral) who use to serve as commander in chief of the U.S. <strong>Pacific</strong> Fleet, senior<br />

U.S. military representative to the United Nations, and deputy chief of naval operations,<br />

where he was principal adviser on all Joint Chiefs of Staff matters. He said that ―…more<br />

than 300 mosques have been built in Kosovo, funded mainly by Saudi Arabia where the<br />

radical teachings of the Wahhabi sect are promoted‖. Admiral Lyons also explained that<br />

leaders of the KLA have connections with the global jihad movement, as well as with<br />

organized crimes, and still they represent ―…the dominant element in the local Albanian<br />

administration…”. More importantly he noticed that the US is endorsing formation of<br />

‗Taliban-like‘ state in the heart of Europe. That is something that will be dangerous for<br />

stability of the region. At the same time it will complicate US relations with Russia and<br />

China which are already bad due to issues over Iran, Taiwan, North Korea and Middle<br />

East. 269<br />

If the writer of this paper could give some advice to the Serbian and Albanian<br />

authorities it would be to come back to the table and find the solution that would satisfy<br />

both sides. Of course, that would mean that neither side would get 100%, but more<br />

importantly neither side would lose 100%, which is the case at this moment. Actually, the<br />

269 The Washington Times, ―Kosovo Train Wreck-Warnings,‖ January 2, 2008,<br />

http://www.washingtontimes.com/news/2008/jan/02/kosovo-32train-wreck-warnings/


Boshkovich 106<br />

year 2010 might be a good year for negotiations since the ICJ should finish a process<br />

regarding the legitimacy of declaration of independence.


Conclusion<br />

Boshkovich 107<br />

In conclusion, it is important to mention that the author of this paper wanted to<br />

make sure that people who are not very familiar with the situation on Balkan Peninsula<br />

had a chance to find out more about events that took place and are taking place in this<br />

part of Europe. Hopefully, the audience saw that the <strong>Rambouillet</strong> <strong>Peace</strong> <strong>Conference</strong> was<br />

actually an ultimatum which Serbs could never accept. At the same time, the readers of<br />

this research had a chance to see that there is always the other side of the story. Nothing<br />

is black and white, there is also a huge gray area. Just like in the case of Israelis and<br />

Palestinians, or Kurds and Turks, Serbs and Albanians also have their sides of the same<br />

story. Unfortunately, many major news agencies saw situation on the Balkan through<br />

lenses of subjectivity, which is completely wrong and unacceptable. This is bad not just<br />

because of generalization about the entire nation, but because of the credibility of news<br />

provided by those stations. One of the lessons learned for the author of this project is to<br />

always accept information heard from TV with lot of skepticisms. Of course, one would<br />

not go so far to believe in all theories of conspiracy such as the one that 9/11 was an<br />

‗inside job‘, but in cases such as the last year‘s victory of Sri Lanka‘s government against<br />

Tamil Tigers in which Sri Lanka‘s government was supported by all means, one would<br />

assume that the western audience did not hear the other side of the story.<br />

Nevertheless, Serbs and Albanians should admit their mistakes and try to look<br />

forward to future coexistence in the EU; after all state borders practically do not exist in<br />

EU. Serbia should understand that even if Kosovo does not win full independence,<br />

Albanians, due to a very high birth rate will be the majority in Serbia roughly 50 years<br />

from now. Besides that, for future reference, Serbs needs to realize that it is impossible to


Boshkovich 108<br />

suppress terrorists/rebellions without approval of the USA, EU, and NATO. The best<br />

examples are Turkey 270 which has to fight against Kurds, and Israel fighting against<br />

several terrorist‘s groups. Thanks to the support of the western world they can fight<br />

against terrorists even in neighboring countries such as Iraq and Lebanon, respectively.<br />

One can‘t imagine what would have happened if Serbia tried to fight against the KLA in<br />

Albania.<br />

In the future on the Balkan Peninsula, the world can expect more turmoil in FYR<br />

Macedonia, the southern part of central Serbia, Montenegro, and perhaps Greece (some<br />

of incidents in these areas were already mentioned in news and articles such as Pan-<br />

Albanianism: How big a threat to Balkan stability?). 271<br />

The reason for this is the Albanian aspiration to create ―Great Albania‖ as<br />

mentioned earlier in this research. For this purpose terrorists established ANA (Albanian<br />

National Army) which already had conflicts with security forces in FYR Macedonia and<br />

central Serbia. Just a couple years ago Macedonian police conducted action on Sar<br />

Mountain in which they killed several terrorists and recovered weapons for 650 men. 272<br />

Many questions rose during this research; why does it seem that the international<br />

community uses double standards in solving the problems around the world? Is it<br />

possible that Croatia has right to separate from Yugoslavia while Serbs can not separate<br />

from Croatia (or just stay in Yugoslavia)? Why was Bosnia and Herzegovina (BH)<br />

270 Peter Brooke, ―Kosovo: What We Weren‘t Told,‖<br />

http://web.ukonline.co.uk/pbrooke/p&t/Balkans/dmonkosovo/Kosovo; ―The Yugoslav response was not<br />

gentle but it was certainly no more heavy-handed than Turkey's response to the Kurdish PKK guerrillas, in<br />

a war which 30,000 lives were lost, 4,000 villages were razed to the ground and 3 million Kurds were<br />

driven from their homes. And Turkey is a member of NATO, which participated enthusiastically in<br />

NATO's "humanitarian war" on Yugoslavia.”<br />

271 ICG Europe. Report No 153, ―Pan Albanianism: How Big a Threat to Balkan Stability?‖ February 25,<br />

2004, http://unpan1.un.org/intradoc/groups/public/documents/untc/unpan014972.pdf.<br />

272 B92 Online, archive November 9, 2007, http://www.b92.net/


Boshkovich 109<br />

allowed to separate from Yugoslavia but Serbs were not allowed to separate from BH?<br />

How are Albanians entitled to declare independence of Kosovo but Serbs from northern<br />

Kosovo cannot stay in Serbia? Why did not the Albanians in Kosovo do almost anything<br />

to encourage the Serbs to come back (According to the UNHCR, only just over 6,000<br />

Serbs have returned home since the end of the war 273 ), which is sad when the world<br />

knows that there is over 238,000 of IDP‘s. 274 Why is Serbia‘s future in the EU<br />

conditioned with arrest of General Mladic (Serb from Bosnia accused for war crimes),<br />

which Serbian authorities can not find (just like the US can not find Osama Bin Laden),<br />

while at the same time no one blackmails Croatia due to a unsolved problem with the<br />

refuges that never returned from Serbia (just like the case when no one pressured Austria<br />

due to WWII Nazis that are still free citizens of this country). 275<br />

The answer to all these questions might be that all this is a part of much bigger<br />

picture. That is getting closer to Russia by destruction of their ally on Balkan. The<br />

importance of this strategy was obvious immediately after NATO bombing when Russian<br />

troops came first to Kosovo (contingent from Bosnia) and captured Pristina airport<br />

Slatina. They did so to ensure that their reinforcement will have a place to land (Serbs<br />

were amazed when they saw Russians in Kosovo before NATO). But, as the Secretary<br />

Albright summarized; ―The Russian military had prepared six transport aircraft to ferry<br />

273 ―Waiting Game,‖ Economist 376, no. 8434 (2005): 43,<br />

http://web.ebscohost.com.ezproxy.hpu.edu:5000/ehost/detail?vid=4&hid=104&sid=a4ecd0df-105c-4b4db4fb-<br />

7239e7c36e7d%40sessionmgr110&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=aph&AN=1758039<br />

6<br />

274 UNMIK Online, ―Division of Public Monitoring,‖ April 8, 2004, 2,<br />

http://www.unmikonline.org/press/2004/mon/apr/lmm080404.pdf<br />

275 Efraim Zuroff the director of the Simon Wiesenthal Center office in Jerusalem talked about Austria as a<br />

safe heaven for Nazis in his interview with Politika. Zorana Suvakovic, ―Nacisti jos Setaju Balkanom,‖<br />

Politika Online, December 4, 2009, http://www.politika.rs/rubrike/Drustvo/Nacisti-josh-shetaju-<br />

Balkanom.sr.html


Boshkovich 110<br />

thousands of troops to reinforce the small contingent at the Pristina airport. The flights<br />

never took off because the Russians were denied to cross the airspace of Hungary,<br />

Romania, and Bulgaria….the NATO-led force deployed and ended up feeding the lightly<br />

supplied Russians at the airport…‖. 276 Naturally, a couple of years later Romania and<br />

Bulgaria were invited to become members of NATO (Hungary accede to NATO in April<br />

1999, during the bombing). Nevertheless, it might be wise to determine where the limit of<br />

NATO‘s increase is. Is it realistic to expect that France, for example, will fight with<br />

Russians over Estonia? Besides that it seems better to build partnership with Russia than<br />

to provoke them by putting under NATO‘s umbrella countries that are in their backyard.<br />

After all, Russians proved in the 2008 war with Georgia that they still do not need<br />

approval to invade another sovereign country.<br />

Another explanation is that the west did not want a strong Yugoslavia but rather<br />

several weak states under protectorate of EU, IMF, and NATO. "In post-cold war Europe<br />

no place remained for a large, independent-minded socialist state that resisted<br />

globalisation," said George Kenney, former Yugoslavia desk officer of the US state<br />

department. ―The Serbs' great ‗crime‘ was not reading the script‖. 277<br />

Additionally, it is just important to think far and wide because by allowing the<br />

independence of Kosovo western world made a precedent that could be crucial in future<br />

geopolitical games with some major powers. Examples are China with several regions<br />

that seek independence or India which has many states that would like to be independent.<br />

Even Russia showed that it is not immune to terrorism and separatism. Nevertheless,<br />

western powers should be extremely careful when they make those moves because it<br />

276 Madeleine Albright, Madam Secretary: A Memoir (New York: Easton Press, 2003), 423-24.<br />

277 Neil Clark, ―It‘s Time to End Serb-Bashing,‖ Guardian Online, January 14, 2008,<br />

http://www.guardian.co.uk/commentisfree/2008/jan/14/itstimetoendserbbashing


Boshkovich 111<br />

could make wrong effect such as in the case of Russia and Mr. Putin. One of the reasons<br />

why this ex KGB officer got such a huge support from his people is the bombing of<br />

Yugoslavia which he used to highlight the importance of powerful Russia. Maybe, if<br />

NATO did not bomb Yugoslavia and teased this big country, Russia would be still in<br />

political coma with some weak leader such as Mr. Yeltsin (well known for many scandals<br />

connected to alcohol and violation of law 278 ) who would never seriously opposed<br />

demands from the west.<br />

Another significant issue is NATO credibility. This organization needs to be<br />

extremely cautious when making important decisions. First NATO military actions were<br />

in 1990‘s against Serbs in Bosnia and Serbia (Yugoslavia). Many countries saw that as a<br />

violation of international laws which damaged NATO credibility. More importantly,<br />

during the bombing of Serbia in 1999, NATO bombed China‘s embassy in Belgrade 279<br />

which created a major diplomatic incident. Without mistakes such as that one or as<br />

explained with Russia, NATO led by USA might be in better position today regarding<br />

much more serious issues (Iran, Iraq, Al-Qaeda, North Korea, etc). All this issues would<br />

be much easier to solve with the help of Russia and China. Unfortunately, these two<br />

countries are not truly concerned about rogue regimes, but actually have pretty successful<br />

cooperation in various fields (economy, weapons). However, President Obama<br />

demonstrated, by abandoning the idea of the missile shield in Europe, that he is willing to<br />

change western approach to other world powers which might be crucial for the future of<br />

the world and avoidance of unnecessary wars (and interventions) such as that in<br />

278 ―Swiss investigators say that up to $15m worth of bribes were made available to the Russian leader<br />

[Yeltsin], his family and senior Kremlin officials by a construction company competing for Kremlin<br />

contracts. ―, BBC Online, ―Business: The Economy Yeltsin Linked to Bribe Scandal,‖ September 8, 1999,<br />

http://news.bbc.co.uk/2/hi/business/441916.stm<br />

279 Madeleine Albright. Madam Secretary: A Memoir (New York: Easton Press, 2003), 417-18.


Yugoslavia.<br />

Boshkovich 112<br />

The UN is another organization that also lost credibility (which was always<br />

questionable) over Yugoslavia and later on in Serbia because it did not do anything to<br />

prevent Albanians from declaring their independence. Actually, many countries in this<br />

organization were very supportive to independence of Kosovo, and the only reason that<br />

Kosovo is not member of UN is Russia. Nevertheless, it would not be a surprise if some<br />

future president of Russia allows membership of Kosovo in UN in return for some<br />

benefits from the west. Especially when one has in mind that the only super-power is<br />

pressuring countries around the world to recognize independence of Kosovo. The most<br />

recent knowing case is Bangladesh. According to the RTS (Radio Television of Serbia),<br />

the USA demanded for the fifth time this year (2009) from Bangladesh to recognize<br />

independence of Kosovo. Even US Ambassador to Bangladesh, James Moriarty, admitted<br />

that he talked about that with secretary and ministry of foreign affairs of Bangladesh. 280<br />

However, this poor country still refuses to obey requests of the USA. A journalist of RTS<br />

indicates that the main reason for this refusal is Bangladesh‘s close relations with Russia.<br />

Besides that, it would not be surprise if the reason were fear from separatist movements<br />

in Bangladesh who would see this as their chance to gain independence.<br />

Another problem with the loss of credibility of UN and other international<br />

organizations is the fact that worlds ‗rogue regimes‘ will also learn a lesson and become<br />

more reluctant to peace talks and acceptance of UN resolutions, especially when they see<br />

280 RTS Online, ―Pritisak na Banglades da Prizna Kosovo,‖ November 16, 2009,<br />

http://www.rts.rs/page/stories/ci/story/1/%D0%A1%D1%80%D0%B1%D0%B8%D1%98%D0%B0/30208<br />

1/%D0%9F%D1%80%D0%B8%D1%82%D0%B8%D1%81%D0%B0%D0%BA+%D0%BD%D0%B0+%<br />

D0%91%D0%B0%D0%BD%D0%B3%D0%BB%D0%B0%D0%B4%D0%B5%D1%88+%D0%B4%D0<br />

%B0+%D0%BF%D1%80%D0%B8%D0%B7%D0%BD%D0%B0+%D0%9A%D0%BE%D1%81%D0%<br />

BE%D0%B2%D0%BE.html


Boshkovich 113<br />

that main advocates of those resolutions from the west are not fulfilling their part of the<br />

deal (in case of Resolution 1244 it was the protection of Serbian integrity). Maybe that is<br />

the reason why Iran does not want to participate in talks regarding WMD (Weapons of<br />

Mass Destruction). Besides that, how can western democracies can expect that double<br />

magnet diplomacy (Secretary Albright talked about that in her book explaining how US<br />

used Russia to influence Serbia) to work in the future if one country, in this case Russia,<br />

was treated like a used diaper once they completed their task.<br />

In the end, it is important to explain that the major powers in the world led by the<br />

US should understand that it is a must to support the obedience of the international law.<br />

There is no such a thing as a ―one time precedent‖ as President Obama explained<br />

recognition of Kosovo (which was actually something that happened during Mr. Bush‘s<br />

administration; someone could say just another mistake of Bush‘s administration). Once<br />

established the precedent based on military power it is opening of Pandora‘s Box for<br />

which no one knows how it will work in the future. What if USA goes through major<br />

economic crises which will make China (for example) stronger power? And if, again just<br />

a theoretical example, Mexicans from California decide to declare independence of<br />

southern California. Who will protect the US sovereignty and integrity from separatists<br />

backed by stronger military power? That is why the world needs laws that will be obeyed<br />

always, not only when one side needs them. And that is the reason why no country in the<br />

world should be faced with ultimatum such as that one from <strong>Rambouillet</strong>.<br />

There cannot be good and bad terrorism. All terrorists are bad regardless of<br />

possibility that their goals might at some point align with goals of some world power, not<br />

to mention that some of those ‗freedom fighters‘ might become some they a threat to the


Boshkovich 114<br />

country that was supplying them with weapons, just like in case of Iraq (while at war<br />

with Iran) and Afghanistan (while at war with Soviets) which were supplied with<br />

weapons by US, and today they use some of those weapons to attack US troops;<br />

obviously someone did not think far and wide.<br />

Clinton in Pristina (Kosovo capital) next to his 11 foot tall statue in 2009 for purpose of ceremony<br />

made in his honor 281<br />

281 Telegraph Online, ―Bill Clinton unveils statue of himself in Kosovo‖, November 1, 2009,<br />

http://www.telegraph.co.uk/news/worldnews/europe/kosovo/6481057/Bill-Clinton-unveils-statue-ofhimself-in-Kosovo.html


Historiography<br />

Boshkovich 115<br />

The first source that will be discussed in this part is BBC‘s documentary movie<br />

Moral Combat; NATO at War (accessible at YouTube) . Producers of this movie were<br />

favorable to Albanians (at the beginning of the movie they showed picture of Serbian<br />

soldier with the mask who looked really scary, while the KLA fighters where showed as<br />

they sang military cadences using the same melody as the US armed forces), but still they<br />

provided a lot of useful information. Those information are mostly usable as primary<br />

sources (testimonies of those that were involved in this story-Walker, Gen. Clark,<br />

Albright, Serbian leaders, Holbrook, the KLA leaders, etc).<br />

Another good source is Albright‘s book Madam Secretary: A Memoir, in which<br />

she described many situations closely related to the topic of this paper. Even if she has a<br />

very negative opinion about Serbs and their leadership it is possible to find some useful<br />

information in her memoires.<br />

Carla Del Ponte‘s book is another primary source that one will find interesting,<br />

especially the part that covers KLA‘s crimes because it is not very often that someone<br />

covers those war crimes, usually audience has much easier access to those crimes that<br />

were committed by Serbs.<br />

General Wesley K. Clark who was supreme allied commander in Europe offered a<br />

significant number of information that were helpful in finding out more about NATO<br />

bombing. Besides that, he went deeper and elaborated on some diplomatic issues in<br />

which he was one of the main actors.<br />

Journalist Tim Judah who wrote for the New York Review of Books, the London<br />

Observer, the Sunday Telegraph, and the Guardian Weekend magazine wrote a book


Boshkovich 116<br />

named Kosovo; War and Revenge. In this book readers can find many stories that explain<br />

situation in Kosovo, but just like in case of Secretary Albright most of them are bias and<br />

well chosen to support a stereotype abut Serbian guiltiness. Another book written by Tim<br />

Judah is The Serbs; History, Myth & Destruction of Yugoslavia. This book offers very<br />

detailed story of history of the Balkan with a vast amount of valuable information.<br />

The Fall of Yugoslavia; the Third Balkan War by Misha Glenny is another book<br />

that gives perspective in to western point of view. The writer of this book covers the<br />

period from 1990 and situation in Croatia until 1996. This is interesting book about<br />

situation on the Balkan, but the last edition is from 1996 and because of that it is not<br />

essential for the research about the war in Kosovo. Yet it is valuable for any one<br />

interested in other events that have occurred in the 1990‘s.<br />

A very interesting book is Yugoslavia’s Bloody Collapse; Causes, Course and<br />

Consequences by Christopher Bennet. This book just like many others talks about recent<br />

wars, but more importantly it covers the early history of Balkan Peninsula, which is<br />

important if one wants to understand the roots of the problem.<br />

UN <strong>Peace</strong>keeping in Lebanon, Somalia and Kosovo; Operational and Legal<br />

Issues in Practice by Ray Murphy provides valuable information about the UN‘s<br />

peacekeeping mission around the world, including KFOR in Kosovo.<br />

A several pages of Noam Chomsky‘s book Failed States; The Abuse of Power<br />

and the Assault on Democracy are dedicated to case of Kosovo and Yugoslavia overall,<br />

but mostly in the manner to support his accusations regarding US foreign policy.<br />

Speaking of Serbian primary sources it is important to mention four books:


Boshkovich 117<br />

1. Put u Rambuje (a trip to <strong>Rambouillet</strong>) by Predrag Simic which was very useful for this<br />

research because he covered most of the stories regarding the <strong>Conference</strong>. At the same<br />

time he did not allowed to himself to be bias just because he is Serbian, rather he<br />

supported all statements with valid documentation.<br />

2. Kako Nam Se Dogodio Rambuje (how <strong>Rambouillet</strong> happened to us) by Miodrag Mitic.<br />

As already mentioned in this research , probably the most valuable book about this topic.<br />

This is mainly because Mr. Mitic was a member of Yugoslav delegation in <strong>Rambouillet</strong>,<br />

which gave him an opportunity to participate in all important occasions that occurred<br />

during the <strong>Conference</strong>. He can not be blamed for being bias, but it is obvious that he had<br />

a very hard time to digest all injustices that happened to Serbs.<br />

3. Kosovo by Dobrica Cosic, which was prepared mainly by his daughter Ana Cosic-<br />

Vukic. She actually made a selection of Mr. Cosic‘s entries from his diary, as well as<br />

letters that he exchanged with relevant leaders in Yugoslavia and the rest of the world.<br />

This is a very interesting book because Mr. Cosic was the president of FR Yugoslavia<br />

and had a chance to participate in many important meetings, including those where was<br />

discussed about solutions for Kosovo.<br />

4. Klopka u Rambujeu (a trap in <strong>Rambouillet</strong>) by Milan Komnenic. Mr. Komnenic was<br />

for many years one of those that fought against Milosevic in the Parliament and on the<br />

streets of Belgrade. He was not included in Serbian delegation, but he traveled to Paris to<br />

support Serbian cause. At that time he met with many influential politicians in Europe,<br />

working on improvement of Serbian image abroad. However, his book did not offer<br />

much data that could be used in this research. The main reason for that is the way that<br />

Mr. Komnenic writes. It is too poetic for paper related to diplomacy and military studies.


Boshkovich 118<br />

A huge number of newspapers, magazines, and other sources available online<br />

were also used in this research. Some of them offered stories from primary sources, such<br />

as interviews with main actors of the <strong>Conference</strong> and the bombing that followed, but<br />

some were very well written secondary sources that covered many interesting statistics.<br />

Most used news agency from Serbia is probably B92, which is traditionally opposed to<br />

Milosevic and his followers. At the same time, this news agency was always close to<br />

European values, and very supportive to democratization of Serbia. Speaking of foreign<br />

news agencies, in this research most used was BBC, which covered many important<br />

moments in recent history of Kosovo; from 1990‘s till today‘s process in Hague in front<br />

of ICJ and ICTY.<br />

Other books that are valuable for this topic are: Kosovo; a Short History, written<br />

by Noel Malcolm, Making War, Thinking History; Munich, Vietnam, and Presidential<br />

Uses of Force from Korea to Kosovo by Jeffrey Record, Albania and Kosovo-Blue<br />

Guide, The Road to Kosovo; a Balkan Diary written by Greg Campbell, Kosovo;<br />

Contending Voices on Balkan Interventions, edited by William Joseph Buckley, and<br />

Yugoslavia; a Country Study.<br />

Additional sources used for this research include: The <strong>Rambouillet</strong> <strong>Conference</strong> on<br />

Kosovo by Marc Weller, articles from journals such as the Foreign Policy as well as<br />

commentaries from the International Institute for Strategic Studies. Besides that, very<br />

valuable information can be found in researches such as Depleted Uranium<br />

Environmental and Medical Surveillance in the Balkans, which is actually written in a<br />

form of the information paper (report). Also worth to mention is records from the US


Boshkovich 119<br />

Congress, as well as transcripts from the ICTY. Unfortunately, the Serbian Parliament is<br />

not so easy accessible records wise, at least on line.<br />

At the end it is important to mention that the writer of this research is also a good<br />

source regarding this topic. The reason for that is that he lived in Serbia until 2005, which<br />

gave him an opportunity to see NATO bombing live (actually during one night at the<br />

beginning of the bombing he got almost killed by one ‗Tomahawk‘, along with his future<br />

wife and couple of friends), and talk to IDPs from Kosovo, as well as with refugees from<br />

Croatia and Bosnia and Herzegovina (many of them are still in refugee‘s camps, even if<br />

they were forced to leave their homes in 1995). Also, the writer of this research is very<br />

well informed about the negotiation process about future of Kosovo because he followed<br />

all of the news and press releases at that time since he was aware that all those events<br />

were very important for the future of the country where he lived.<br />

After all, people in Serbia did not have a choice but to follow politics at that time<br />

because it was present everywhere. Either through the pressure from EU regarding<br />

cooperation with ICTY, permanent threat of bombing, fears of terrorism, or simply desire<br />

to know if Serbia will become member of EU which would close the curtain on bloody<br />

period in Balkans. Unfortunately, that still did not happen, even though the last civil war<br />

in that region ended in 1999.


I Statement by the Contact Group<br />

Appendix<br />

Boshkovich 120<br />

UNITED NATIONS S<br />

Security Council<br />

Distr.<br />

GENERAL<br />

S/1999/96<br />

29 January 1999<br />

ORIGINAL: ENGLISH<br />

LETTER DATED 29 JANUARY 1999 FROM THE PERMANENT REPRESENTATIVE<br />

OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND<br />

TO THE UNITED NATIONS ADDRESSED TO THE PRESIDENT OF THE<br />

SECURITY COUNCIL<br />

I have the honour to enclose the statement of the Foreign Ministers of<br />

France, Germany, Italy, the Russian Federation, the United Kingdom of<br />

Great<br />

Britain and Northern Ireland and the United States of America (the<br />

Contact<br />

Group) following their meeting in London on 29 January 1999.<br />

I should be grateful if the present letter and its annex could be<br />

circulated as a document of the Security Council.<br />

(Signed) Jeremy GREENSTOCK<br />

99-02329 (E) 290199 /...<br />

S/1999/96<br />

English<br />

Page 2<br />

Annex<br />

Statement by the Contact Group issued in London on<br />

29 January 1999<br />

1. Contact Group Ministers met in London on 29 January to consider the<br />

critical situation in Kosovo, which remains a threat to peace and<br />

security in the region, raising the prospect of a humanitarian<br />

catastrophe.<br />

2. Despite the intensive efforts of the international community,<br />

violence remains a daily occurrence in Kosovo. Ministers unreservedly<br />

condemned the massacre of Kosovo Albanians at Racak, which resulted in<br />

several thousand people fleeing their homes. The escalation in violence<br />

- for which both Belgrade’s security forces and the Kosovo Liberation<br />

Army (KLA) are responsible - must be stopped. Repression of civilians<br />

by the security forces must end and those forces must be withdrawn.<br />

Ministers of the Contact Group deplore the failure of the parties to<br />

make progress towards a political settlement, and cannot accept that<br />

this should permit the crisis to continue. Time is of the essence in<br />

reaching a solution, and the Contact Group is therefore assuming its


esponsibility.<br />

Boshkovich 121<br />

3. Ministers called on both sides to end the cycle of violence and to<br />

commit themselves to a process of negotiation leading to a political<br />

settlement. To that end, the Contact Group:<br />

(a) Insisted that the parties accept that the basis for a fair<br />

settlement must include the principles set out by the Contact Group;<br />

(b) Considered that the proposals drafted by the negotiators contained<br />

the elements for substantial autonomy for Kosovo and asked the<br />

negotiators to refine them further to serve as the framework for<br />

agreement between the parties;<br />

(c) Recognized that the work done by the negotiators had identified the<br />

limited number of points that required final negotiation between the<br />

parties;<br />

(d) Agreed to summon representatives from the Federal Yugoslav and<br />

Serbian Governments and representatives of the Kosovo Albanians to<br />

<strong>Rambouillet</strong> by 6 February, under the co-chairmanship of Hubert Vedrine<br />

and Robin Cook, to begin negotiations with the direct involvement of<br />

the Contact Group. The Contact Group recognized the legitimate rights<br />

of other communities within Kosovo. In the context of these<br />

negotiations, it will work to ensure that their interests are fully<br />

reflected in a settlement;<br />

(e) Agreed that the participants should work to conclude negotiations<br />

within seven days. The negotiators should then report to Contact Group<br />

Ministers, who will assess whether the progress made justifies a<br />

further period of less than one week to bring the negotiations to a<br />

successful conclusion.<br />

4. The Contact Group demanded that the parties seize this opportunity<br />

to reach a settlement offering peace to the people of Kosovo. The<br />

Contact Group praised the present role of the Organization for Security<br />

and Cooperation in<br />

/...<br />

S/1999/96<br />

English<br />

Page 3<br />

Europe (OSCE) Kosovo Verification Mission in working to reduce tensions<br />

in Kosovo and create the conditions for political dialogue, and<br />

recognized the continuing role of the Mission. The Contact Group<br />

recognized that continuing international engagement would be necessary<br />

to help the parties implement a settlement and rebuild the shattered<br />

province. It required that the parties accept the level and nature of<br />

international presence deemed appropriate by the international<br />

community.<br />

5. In the meantime, the Contact Group demands that the Federal Republic<br />

of Yugoslavia:<br />

(a) Stop all offensive actions/repression in Kosovo;<br />

(b) Comply fully with the OSCE/Federal Republic of Yugoslavia and the<br />

North Atlantic Treaty Organization (NATO)/Federal Republic of<br />

Yugoslavia agreements and relevant Security Council resolutions;<br />

(c) Promote the safe return of all those who have been forced to flee<br />

their homes as a result of the conflict. This includes bringing muchneeded<br />

relief to Kosovo;


Boshkovich 122<br />

(d) Cooperate fully with OSCE and permit the Kosovo Verification<br />

Mission and its Chief of Mission to continue to carry out their<br />

responsibilities unhindered;<br />

(e) Cooperate fully with the International Tribunal for the Former<br />

Yugoslavia as required by relevant Security Council resolutions;<br />

(f) Conduct a full investigation of Racak with the participation of the<br />

International Tribunal for the Former Yugoslavia, allowing the Chief<br />

Prosecutor and Tribunal investigators to enter and work in Kosovo to<br />

participate in the investigation of the massacre;<br />

(g) Identify and suspend the Yugoslav Army/Serbian Special Police<br />

officers operating in Racak at the time of the massacre until the<br />

results of the investigation become available;<br />

(h) Mitigate the sentences of those imprisoned in connection with the<br />

conflict and provide due process to all detainees.<br />

6. The Contact Group emphasized that compliance with Security Council<br />

resolutions 1160 (1998), 1199 (1998) and 1203 (1998) applied equally to<br />

the Kosovo Albanians. It condemned all provocations by the KLA, which<br />

could only fuel the cycle of violence, and insisted that all hostages<br />

should be released. The Contact Group believes that the framework it<br />

has set out meets the legitimate aspirations of the Kosovo Albanians<br />

and demands that their leaders rally behind negotiations to reach a<br />

settlement and end provocative actions which would impede the political<br />

process.<br />

7. The Contact Group asked Robin Cook to travel to Belgrade and<br />

Pristina to transmit these messages to the parties.<br />

S/1999/96<br />

English<br />

Page 4<br />

8. The future of the people of Kosovo is in the hands of leaders in<br />

Belgrade and Kosovo. They must commit themselves now to complete the<br />

negotiations on a political settlement within 21 days to bring peace to<br />

Kosovo. The Contact Group will hold both sides accountable if they fail<br />

to take the opportunity now offered to them, just as the Group stands<br />

ready to work with both sides to realize the benefits for them of a<br />

peaceful solution. 282<br />

-----<br />

282 United Nations, Security Council, January 29, 1999, http://www.un.org/peace/kosovo/s9996.pdf this<br />

statement will be also available in the appendix I of this research


II Fundamentals of the Agreement<br />

Boshkovich 123<br />

This is a document that could be found on the Department of State Website regarding an<br />

agreement that was proposed to sides in <strong>Rambouillet</strong>;<br />

The <strong>Rambouillet</strong> Accords are a 3-year interim agreement that will provide democratic<br />

self-government, peace, and security for everyone living in Kosovo.<br />

Democratic self-government will include all matters of daily importance to people in<br />

Kosovo, including education, health care, and economic development. Kosovo will have<br />

a President, an Assembly, its own courts, strong local government, and national<br />

community institutions with the authority needed to protect each community's identity.<br />

Security will be guaranteed by international troops deployed on the ground throughout<br />

Kosovo. Local police, representative of all national communities in Kosovo, will provide<br />

routine law enforcement. Federal and Republic security forces will leave Kosovo, except<br />

for a limited border protection presence.<br />

Mechanism for final settlement. An international meeting will be convened after 3<br />

years to determine a mechanism for a final settlement for Kosovo. The will of the people<br />

will be an important factor at the international meeting.<br />

DEMOCRATIC SELF-GOVERNMENT<br />

During the interim period, citizens in Kosovo will govern themselves democratically<br />

through Kosovo institutions.<br />

Kosovo will have a Constitution. The Constitution calls for the democratic<br />

selection of a President, a Prime Minister and Government, an Assembly, and<br />

strong communal authorities. Kosovo will have its own Supreme Court,<br />

Constitutional Court, other courts, and prosecutors.<br />

Free and fair elections will be held within 9 months of entry into force, under the<br />

supervision of the OSCE.<br />

Kosovo will have the authority to make laws not subject to revision by Serbia or<br />

the Federal Republic of Yugoslavia, including levying taxes, instituting programs<br />

of economic, scientific, technological, regional, and social development,<br />

conducting foreign relations within its areas of responsibility in the same manner<br />

as a Republic, and all matters of local government.<br />

Kosovo and its national communities will perform most functions presently<br />

handled by the Republic of Serbia. However, citizens in Kosovo will be able to<br />

call upon Republic institutions for assistance, if they wish. The Federal Republic<br />

will not be permitted to act in ways injurious to Kosovo.<br />

National communities in Kosovo will be able to control their own identities,<br />

including preserving their languages and operating schools and hospitals. All<br />

other authorities are forbidden from interfering.


SECURITY<br />

Boshkovich 124<br />

Human rights and the rights of the members of all national communities will be<br />

guaranteed.<br />

The international community will play a role in ensuring that these provisions are<br />

carried out, through a civilian Implementation Mission, an ombudsman and<br />

constitutional court judges selected under international auspices, OSCE<br />

supervision of elections, and an international military presence.<br />

The Parties invite NATO to deploy a military force (KFOR), which will be authorized to<br />

use necessary force to ensure compliance with the Accords, protect international agencies<br />

involved with implementation, and provide a secure environment for everyone in<br />

Kosovo.<br />

Security in Kosovo will be handled by KFOR. All other security forces will withdraw or<br />

be phased out under the supervision of KFOR, according to a balanced schedule of<br />

reciprocal steps by all sides specified in the Accords.<br />

Yugoslav army forces will withdraw completely from Kosovo, except for a<br />

limited border guard force (active only within 5 km. border zone) and associated<br />

personnel.<br />

Serb security forces will withdraw completely except for limited number of<br />

border police and, for a transitional period, a limited number of civil police<br />

officers who will serve at the direction of the international Implementation<br />

Mission until local police are trained to replace them.<br />

The Kosovo Liberation Army will hand over security in Kosovo to NATO troops<br />

and will be demilitarized.<br />

Local police will take over all policing duties in Kosovo within 1 year, extendable<br />

for a limited period only by the Chief of the Implementation Mission.<br />

A MECHANISM FOR FINAL SETTLEMENT<br />

Three years after entry into force of the Accords, an international meeting will be<br />

convened to determine a mechanism for a final settlement for Kosovo, on the basis of the<br />

will of the people, opinions of relevant authorities, each party's efforts regarding the<br />

implementation of the Accords, and the Helsinki Final Act. 283<br />

283 The State Department Online, http://www.state.gov/www/regions/eur/fs_990301_rambouillet.html.


III Interim Agreement for <strong>Peace</strong> and Self-Government in Kosovo<br />

The Parties to the present Agreement,<br />

Boshkovich 125<br />

Convinced of the need for a peaceful and political solution in Kosovo as a prerequisite<br />

for stability and democracy,<br />

Determined to establish a peaceful environment in Kosovo,<br />

Reaffirming their commitment to the Purposes and Principles of the United Nations, as<br />

well as to OSCE principles, including the Helsinki Final Act and the Charter of Paris for<br />

a new Europe,<br />

Recalling the commitment of the international community to the sovereignty and<br />

territorial integrity of the Federal Republic of Yugoslavia,<br />

Recalling the basic elements/principles adopted by the Contact Group at its ministerial<br />

meeting in London on January 29, 1999,<br />

Recognizing the need for democratic self-government in Kosovo, including full<br />

participation of the members of all national communities in political decision-making,<br />

Desiring to ensure the protection of the human rights of all persons in Kosovo, as well as<br />

the rights of the members of all national communities, Recognizing the ongoing<br />

contribution of the OSCE to peace and stability in Kosovo,<br />

Noting that the present Agreement has been concluded under the auspices of the<br />

members of the Contact Group and the European Union and undertaking with respect to<br />

these members and the European Union to abide by this Agreement,<br />

Aware that full respect for the present Agreement will be central for the development of<br />

relations with European institutions,<br />

Have agreed as follows:<br />

Framework<br />

Article I: Principles<br />

1. All citizens in Kosovo shall enjoy, without discrimination, the equal rights and<br />

freedoms set forth in this Agreement.<br />

2. National communities and their members shall have additional rights specified in<br />

Chapter 1. Kosovo, Federal, and Republic authorities shall not interfere with the exercise<br />

of these additional rights. The national communities shall be legally equal as specified<br />

herein, and shall not use their additional rights to endanger the rights of other national


Boshkovich 126<br />

communities or the rights of citizens, the sovereignty and territorial integrity of the<br />

Federal Republic of Yugoslavia, or the functioning of representative democratic<br />

government in Kosovo.<br />

3. All authorities in Kosovo shall fully respect human rights, democracy, and the equality<br />

of citizens and national communities.<br />

4. Citizens in Kosovo shall have the right to democratic self-government through<br />

legislative, executive, judicial, and other institutions established in accordance with this<br />

Agreement. They shall have the opportunity to be represented in all institutions in<br />

Kosovo. The right to democratic self-government shall include the right to participate in<br />

free and fair elections.<br />

5. Every person in Kosovo may have access to international institutions for the protection<br />

of their rights in accordance with the procedures of such institutions.<br />

6. The Parties accept that they will act only within their powers and responsibilities in<br />

Kosovo as specified by this Agreement. Acts outside those powers and responsibilities<br />

shall be null and void. Kosovo shall have all rights and powers set forth herein, including<br />

in particular as specified in the Constitution at Chapter 1. This Agreement shall prevail<br />

over any other legal provisions of the Parties and shall be directly applicable. The Parties<br />

shall harmonize their governing practices and documents with this Agreement.<br />

7. The Parties agree to cooperate fully with all international organizations working in<br />

Kosovo on the implementation of this Agreement.<br />

Article II: Confidence-Building Measures<br />

End of Use of Force<br />

1. Use of force in Kosovo shall cease immediately. In accordance with this Agreement,<br />

alleged violations of the cease-fire shall be reported to international observers and shall<br />

not be used to justify use of force in response.<br />

2. The status of police and security forces in Kosovo, including withdrawal of forces,<br />

shall be governed by the terms of this Agreement. Paramilitary and irregular forces in<br />

Kosovo are incompatible with the terms of this Agreement.<br />

Return<br />

3. The Parties recognize that all persons have the right to return to their homes.<br />

Appropriate authorities shall take all measures necessary to facilitate the safe return of<br />

persons, including issuing necessary documents. All persons shall have the right to<br />

reoccupy their real property, assert their occupancy rights in state-owned property, and<br />

recover their other property and personal possessions. The Parties shall take all measures<br />

necessary to readmit returning persons to Kosovo.


Boshkovich 127<br />

4. The Parties shall cooperate fully with all efforts by the United Nations High<br />

Commissioner for Refugees (UNHCR) and other international and non-governmental<br />

organizations concerning the repatriation and return of persons, including those<br />

organizations monitoring of the treatment of persons following their return.<br />

Access for International Assistance<br />

5. There shall be no impediments to the normal flow of goods into Kosovo, including<br />

materials for the reconstruction of homes and structures. The Federal Republic of<br />

Yugoslavia shall not require visas, customs, or licensing for persons or things for the<br />

Implementation Mission (IM), the UNHCR, and other international organizations, as well<br />

as for non- governmental organizations working in Kosovo as determined by the Chief of<br />

the Implementation Mission (CIM).<br />

6. All staff, whether national or international, working with international or nongovernmental<br />

organizations including with the Yugoslav Red Cross, shall be allowed<br />

unrestricted access to the Kosovo population for purposes of international assistance. All<br />

persons in Kosovo shall similarly have safe, unhindered, and direct access to the staff of<br />

such organizations.<br />

Other Issues<br />

7. Federal organs shall not take any decisions that have a differential, disproportionate,<br />

injurious, or discriminatory effect on Kosovo. Such decisions, if any, shall be void with<br />

regard to Kosovo.<br />

8. Martial law shall not be declared in Kosovo.<br />

9. The Parties shall immediately comply with all requests for support from the<br />

Implementation Mission (IM). The IM shall have its own broadcast frequencies for radio<br />

and television programming in Kosovo. The Federal Republic of Yugoslavia shall<br />

provide all necessary facilities, including frequencies for radio communications, to all<br />

humanitarian organizations responsible for delivering aid in Kosovo.<br />

Detention of Combatants and Justice Issues<br />

10. All abducted persons or other persons held without charge shall be released. The<br />

Parties shall also release and transfer in accordance with this Agreement all persons held<br />

in connection with the conflict. The Parties shall cooperate fully with the International<br />

Committee of the Red Cross (ICRC) to facilitate its work in accordance with its mandate,<br />

including ensuring full access to all such persons, irrespective of their status, wherever<br />

they might be held, for visits in accordance with the ICRC's standard operating<br />

procedures.<br />

11. The Parties shall provide information, through tracing mechanisms of the ICRC, to<br />

families of all persons who are unaccounted for. The Parties shall cooperate fully with the


Boshkovich 128<br />

ICRC and the International Commission on Missing Persons in their efforts to determine<br />

the identity, whereabouts, and fate of those unaccounted for.<br />

12. Each Party:<br />

(a) shall not prosecute anyone for crimes related to the conflict in Kosovo, except for<br />

persons accused of having committed serious violations of international humanitarian<br />

law. In order to facilitate transparency, the Parties shall grant access to foreign experts<br />

(including forensics experts) along with state investigators;<br />

(b) shall grant a general amnesty for all persons already convicted of committing<br />

politically motivated crimes related to the conflict in Kosovo. This amnesty shall not<br />

apply to those properly convicted of committing serious violations of international<br />

humanitarian law at a fair and open trial conducted pursuant to international standards.<br />

13. All Parties shall comply with their obligation to cooperate in the investigation and<br />

prosecution of serious violations of international humanitarian law.<br />

(a) As required by United Nations Security Council resolution 827 (1993) and subsequent<br />

resolutions, the Parties shall fully cooperate with the International Criminal Tribunal for<br />

the Former Yugoslavia in its investigations and prosecutions, including complying with<br />

its requests for assistance and its orders.<br />

(b) The Parties shall also allow complete, unimpeded, and unfettered access to<br />

international experts- including forensics experts and investigators to investigate<br />

allegations of serious violations of international humanitarian law.<br />

Independent Media<br />

14. Recognizing the importance of free and independent media for the development of a<br />

democratic political climate necessary for the reconstruction and development of Kosovo,<br />

the Parties shall ensure the widest possible press freedoms in Kosovo in all media, public<br />

and private, including print, television, radio, and Internet.<br />

Chapter 1<br />

Constitution<br />

Affirming their belief in a peaceful society, justice, tolerance, and reconciliation,<br />

Resolved to ensure respect for human rights and the equality of all citizens and national<br />

communities,<br />

Recognizing that the preservation and promotion of the national, cultural, and linguistic<br />

identity of each national community in Kosovo are necessary for the harmonious<br />

development of a peaceful society,


Boshkovich 129<br />

Desiring through this interim Constitution to establish institutions of democratic selfgovernment<br />

in Kosovo grounded in respect for the territorial integrity and sovereignty of<br />

the Federal Republic of Yugoslavia and from this Agreement, from which the authorities<br />

of governance set forth herein originate,<br />

Recognizing that the institutions of Kosovo should fairly represent the national<br />

communities in Kosovo and foster the exercise of their rights and those of their members,<br />

Recalling and endorsing the principles/basic elements adopted by the Contact Group at its<br />

ministerial meeting in London on January 29, 1999,<br />

Article I: Principles of Democratic Self-Government in Kosovo<br />

1. Kosovo shall govern itself democratically through the legislative, executive, judicial,<br />

and other organs and institutions specified herein. Organs and institutions of Kosovo<br />

shall exercise their authorities consistent with the terms of this Agreement.<br />

2. All authorities in Kosovo shall fully respect human rights, democracy, and the equality<br />

of citizens and national communities.<br />

3. The Federal Republic of Yugoslavia has competence in Kosovo over the following<br />

areas, except as specified elsewhere in this Agreement: (a) territorial integrity, (b)<br />

maintaining a common market within the Federal Republic of Yugoslavia, which power<br />

shall be exercised in a manner that does not discriminate against Kosovo, (c) monetary<br />

policy, (d) defense, (e) foreign policy, (f) customs services, (g) federal taxation, (h)<br />

federal elections, and (i) other areas specified in this Agreement.<br />

4. The Republic of Serbia shall have competence in Kosovo as specified in this<br />

Agreement, including in relation to Republic elections.<br />

5. Citizens in Kosovo may continue to participate in areas in which the Federal Republic<br />

of Yugoslavia and the Republic of Serbia have competence through their representation<br />

in relevant institutions, without prejudice to the exercise of competence by Kosovo<br />

authorities set forth in this Agreement.<br />

6. With respect to Kosovo:<br />

(a) There shall be no changes to the borders of Kosovo;<br />

(b) Deployment and use of police and security forces shall be governed by Chapters 2<br />

and 7 of this Agreement; and<br />

(c) Kosovo shall have authority to conduct foreign relations within its areas of<br />

responsibility equivalent to the power provided to Republics under Article 7 of the<br />

Constitution of the Federal Republic of Yugoslavia.


Boshkovich 130<br />

7. There shall be no interference with the right of citizens and national communities in<br />

Kosovo to call upon appropriate institutions of the Republic of Serbia for the following<br />

purposes:<br />

(a) assistance in designing school curricula and standards;<br />

(b) participation in social benefits programs, such as care for war veterans, pensioners,<br />

and disabled persons; and<br />

(c) other voluntarily received services, provided that these services are not related to<br />

police and security matters governed by Chapters 2 and 7 of this Agreement, and that any<br />

Republic personnel serving in Kosovo pursuant to this paragraph shall be unarmed<br />

service providers acting at the invitation of a national community in Kosovo.<br />

The Republic shall have the authority to levy taxes or charges on those citizens<br />

requesting services pursuant to this paragraph, as necessary to support the provision of<br />

such services.<br />

8. The basic territorial unit of local self-government in Kosovo shall be the commune. All<br />

responsibilities in Kosovo not expressly assigned elsewhere shall be the responsibility of<br />

the communes.<br />

9. To preserve and promote democratic self-government in Kosovo, all candidates for<br />

appointed, elective, or other public office, and all office holders, shall meet the following<br />

criteria:<br />

(a) No person who is serving a sentence imposed by the International Criminal Tribunal<br />

for the Former Yugoslavia, and no person who is under indictment by the Tribunal and<br />

who has failed to comply with an order to appear before the Tribunal, may stand as a<br />

candidate or hold any office; and<br />

(b) All candidates and office holders shall renounce violence as a mechanism for<br />

achieving political goals; past political or resistance activities shall not be a bar to holding<br />

office in Kosovo.<br />

General<br />

Article II: The Assembly<br />

1. Kosovo shall have an Assembly, which shall be comprised of 120 Members.<br />

(a) Eighty Members shall be directly elected.<br />

(b) A further 40 Members shall be elected by the members of qualifying national<br />

communities.


Boshkovich 131<br />

(i) Communities whose members constitute more than 0.5 per cent of the Kosovo<br />

population but less than 5 per cent shall have ten of these seats, to be divided among them<br />

in accordance with their proportion of the overall population.<br />

(ii) Communities whose members constitute more than 5 per cent of the Kosovo<br />

population shall divide the remaining thirty seats equally. The Serb and Albanian national<br />

communities shall be presumed to meet the 5 per cent population threshold.<br />

Other Provisions<br />

2. Elections for all Members shall be conducted democratically, consistent with the<br />

provisions of Chapter 3 of this Agreement. Members shall be elected for a term of three<br />

years.<br />

3. Allocation of seats in the Assembly shall be based on data gathered in the census<br />

referred to in Chapter 5 of this Agreement. Prior to the completion of the census, for<br />

purposes of this Article declarations of national community membership made during<br />

voter registration shall be used to determine the percentage of the Kosovo population that<br />

each national community represents.<br />

4. Members of the Assembly shall be immune from all civil or criminal proceedings on<br />

the basis of words expressed or other acts performed in their capacity as Members of the<br />

Assembly.<br />

Powers of the Assembly<br />

5. The Assembly shall be responsible for enacting laws of Kosovo, including in political,<br />

security, economic, social, educational, scientific, and cultural areas as set out below and<br />

elsewhere in this Agreement. This Constitution and the laws of the Kosovo Assembly<br />

shall not be subject to change or modification by authorities of the Republics or the<br />

Federation.<br />

(a) The Assembly shall be responsible for:<br />

(i) Financing activities of Kosovo institutions, including by levying taxes and duties on<br />

sources within Kosovo;<br />

(ii) Adopting budgets of the Administrative organs and other institutions of Kosovo, with<br />

the exception of communal and national community institutions unless otherwise<br />

specified herein;<br />

(iii) Adopting regulations concerning the organization and procedures of the<br />

Administrative Organs of Kosovo;<br />

(iv) Approving the list of Ministers of the Government, including the Prime Minister;


Boshkovich 132<br />

(v) Coordinating educational arrangements in Kosovo, with respect for the authorities of<br />

national communities and Communes;<br />

(vi) Electing candidates for judicial office put forward by the President of Kosovo;<br />

(vii) Enacting laws ensuring free movement of goods, services, and persons in Kosovo<br />

consistent with this Agreement;<br />

(viii) Approving agreements concluded by the President within the areas of responsibility<br />

of Kosovo;<br />

(ix) Cooperating with the Federal Assembly, and with the Assemblies of the Republics,<br />

and conducting relations with foreign legislative bodies;<br />

(x) Establishing a framework for local self- government;<br />

(xi) Enacting laws concerning inter-communal issues and relations between national<br />

communities, when necessary;<br />

(xii) Enacting laws regulating the work of medical institutions and hospitals;<br />

(xiii) Protecting the environment, where inter- communal issues are involved;<br />

(xiv) Adopting programs of economic, scientific, technological, demographic, regional,<br />

and social development, as well as urban planning;<br />

(xv) Adopting programs for the development of agriculture and of rural areas;<br />

(xvi) Regulating elections consistent with Chapters 3 and 5;<br />

(xvii) Regulating Kosovo-owned property; and<br />

(xviii) Regulating land registries.<br />

(b) The Assembly shall also have authority to enact laws in areas within the responsibility<br />

of the Communes if the matter cannot be effectively regulated by the Communes or if<br />

regulation by individual Communes might prejudice the rights of other Communes. In the<br />

absence of a law enacted by the Assembly under this subparagraph that preempts<br />

communal action, the Communes shall retain their authority.<br />

Procedure<br />

6. Laws and other decisions of the Assembly shall be adopted by majority of Members<br />

present and voting.


Boshkovich 133<br />

7. A majority of the Members of a single national community elected to the Assembly<br />

pursuant to paragraph 1(b) may adopt a motion that a law or other decision adversely<br />

affects the vital interests of their national community. The challenged law or decision<br />

shall be suspended with regard to that national community until the dispute settlement<br />

procedure in paragraph 8 is completed.<br />

8. The following procedure shall be used in the event of a motion under paragraph 7:<br />

(a) The Members making the vital interest motion shall give reasons for their motion. The<br />

proposers of the legislation shall be given an opportunity to respond.<br />

(b) The Members making the motion shall appoint within one day a mediator of their<br />

choice to assist in reaching an agreement with those proposing the legislation.<br />

(c) If mediation does not produce an agreement within seven days, the matter may be<br />

submitted for a binding ruling. The decision shall be rendered by a panel comprising<br />

three Members of the Assembly: one Albanian and one Serb, each appointed by his or her<br />

national community delegation; and a third Member, who will be of a third nationality<br />

and will be selected within two days by consensus of the Presidency of the Assembly.<br />

(i) A vital interest motion shall be upheld if the legislation challenged adversely affects<br />

the community's fundamental constitutional rights, additional rights as set forth in Article<br />

VII, or the principle of fair treatment.<br />

(ii) If the motion is not upheld, the challenged legislation shall enter into force for that<br />

community.<br />

(d) Paragraph (c) shall not apply to the selection of Assembly officials.<br />

(e) The Assembly may exclude other decisions from this procedure by means of a law<br />

enacted by a majority that includes a majority of each national community elected<br />

pursuant to paragraph 1(b).<br />

9. A majority of the Members shall constitute a quorum. The Assembly shall otherwise<br />

decide its own rules of procedure.<br />

Leadership<br />

10. The Assembly shall elect from among its Members a Presidency, which shall consist<br />

of a President, two Vice-Presidents, and other leaders in accordance with the Assembly's<br />

rules of procedure. Each national community meeting the threshold specified in<br />

paragraph 1(b)(ii) shall be represented in the leadership. The President of the Assembly<br />

shall not be from the same national community as the President of Kosovo.


Boshkovich 134<br />

11. The President of the Assembly shall represent it, call its sessions to order, chair its<br />

meetings, coordinate the work of any committees it may establish, and perform other<br />

tasks prescribed by the rules of procedure of the Assembly.<br />

Article III: President of Kosovo<br />

1. There shall be a President of Kosovo, who shall be elected by the Assembly by vote of<br />

a majority of its Members. The President of Kosovo shall serve for a three-year term. No<br />

person may serve more than two terms as President of Kosovo.<br />

2. The President of Kosovo shall be responsible for:<br />

(i) Representing Kosovo, including before any international or Federal body or any body<br />

of the Republics;<br />

(ii) Proposing to the Assembly candidates for Prime Minister, the Constitutional Court,<br />

the Supreme Court, and other Kosovo judicial offices;<br />

(iii) Meeting regularly with the democratically elected representatives of the national<br />

communities;<br />

(iv) Conducting foreign relations and concluding agreements within this power consistent<br />

with the authorities of Kosovo institutions under this Agreement. Such agreements shall<br />

only enter into force upon approval by the Assembly;<br />

(v) Designating a representative to serve on the Joint Commission established by Article<br />

I.2 of Chapter 5 of this Agreement;<br />

(vi) Meeting regularly with the Federal and Republic Presidents; and<br />

(vii) Other functions specified herein or by law.<br />

Article IV: Government and Administrative Organs<br />

1. Executive power shall be exercised by the Government. The Government shall be<br />

responsible for implementing the laws of Kosovo, and of other government authorities<br />

when such responsibilities are devolved by those authorities. The Government shall also<br />

have competence to propose laws to the Assembly.<br />

(a) The Government shall consist of a Prime Minister and Ministers, including at least<br />

one person from each national community meeting the threshold specified in paragraph<br />

1(b)(ii) of Article II. Ministers shall head the Administrative Organs of Kosovo.<br />

(b) The candidate for Prime Minister proposed by the President shall put forward a list of<br />

Ministers to the Assembly. The Prime Minister, together with the list of Ministers, shall<br />

be approved by a majority of those present and voting in the Assembly. In the event that


Boshkovich 135<br />

the Prime Minister is not able to obtain a majority for the Government, the President shall<br />

propose a new candidate for Prime Minister within ten days.<br />

(c) The Government shall resign if a no confidence motion is adopted by a vote of a<br />

majority of the members of the Assembly. If the Prime Minister or the Government<br />

resigns, the President shall select a new candidate for Prime Minister who shall seek to<br />

form a Government.<br />

(d) The Prime Minister shall call meetings of the Government, represent it as appropriate,<br />

and coordinate its work. Decisions of the Government shall require a majority of<br />

Ministers present and voting. The Prime Minister shall cast the deciding vote in the event<br />

Ministers are equally divided. The Government shall otherwise decide its own rules of<br />

procedure.<br />

2. Administrative Organs shall be responsible for assisting the Government in carrying<br />

out its duties.<br />

(a) National communities shall be fairly represented at all levels in the Administrative<br />

Organs.<br />

(b) Any citizen in Kosovo claiming to have been directly and adversely affected by the<br />

decision of an executive or administrative body shall have the right to judicial review of<br />

the legality of that decision after exhausting all avenues for administrative review. The<br />

Assembly shall enact a law to regulate this review.<br />

3. There shall be a Chief Prosecutor who shall be responsible for prosecuting individuals<br />

who violate the criminal laws of Kosovo. He shall head an Office of the Prosecutor,<br />

which shall at all levels have staff representative of the population of Kosovo.<br />

General<br />

Article V: Judiciary<br />

1. Kosovo shall have a Constitutional Court, a Supreme Court, District Courts, and<br />

Communal Courts.<br />

2. The Kosovo courts shall have jurisdiction over all matters arising under this<br />

Constitution or the laws of Kosovo except as specified in paragraph 3. The Kosovo courts<br />

shall also have jurisdiction over questions of federal law, subject to appeal to the Federal<br />

courts on these questions after all appeals available under the Kosovo system have been<br />

exhausted.<br />

3. Citizens in Kosovo may opt to have civil disputes to which they are party adjudicated<br />

by other courts in the Federal Republic of Yugoslavia, which shall apply the law<br />

applicable in Kosovo.


4. The following rules will apply to criminal cases:<br />

Boshkovich 136<br />

(a) At the start of criminal proceedings, the defendant is entitled to have his or her trial<br />

transferred to another Kosovo court that he or she designates.<br />

(b) In criminal cases in which all defendants and victims are members of the same<br />

national community, all members of the judicial council will be from a national<br />

community of their choice if any party so requests.<br />

(c) A defendant in a criminal case tried in Kosovo courts is entitled to have at least one<br />

member of the judicial council hearing the case to be from his or her national community.<br />

Kosovo authorities will consider and allow judges of other courts in the Federal Republic<br />

of Yugoslavia to serve as Kosovo judges for these purposes.<br />

Constitutional Court<br />

5. The Constitutional Court shall consist of nine judges. There shall be at least one<br />

Constitutional Court judge from each national community meeting the threshold specified<br />

in paragraph 1(b)(ii) of Article II. Until such time as the Parties agree to discontinue this<br />

arrangement, 5 judges of the Constitutional Court shall be selected from a list drawn up<br />

by the President of the European Court of Human Rights.<br />

6. The Constitutional Court shall have authority to resolve disputes relating to the<br />

meaning of this Constitution. That authority shall include, but is not limited to,<br />

determining whether laws applicable in Kosovo, decisions or acts of the President, the<br />

Assembly, the Government, the Communes, and the national communities are compatible<br />

with this Constitution.<br />

(a) Matters may be referred to the Constitutional Court by the President of Kosovo, the<br />

President or Vice-Presidents of the Assembly, the Ombudsman, the communal<br />

assemblies and councils, and any national community acting according to its democratic<br />

procedures.<br />

(b) Any court which finds in the course of adjudicating a matter that the dispute depends<br />

on the answer to a question within the Constitutional Court's jurisdiction shall refer the<br />

issue to the Constitutional Court for a preliminary decision.<br />

7. Following the exhaustion of other legal remedies, the Constitutional Court shall at the<br />

request of any person claiming to be a victim have jurisdiction over complaints that<br />

human rights and fundamental freedoms and the rights of members of national<br />

communities set forth in this Constitution have been violated by a public authority.<br />

8. The Constitutional Court shall have such other jurisdiction as may be specified<br />

elsewhere in this Agreement or by law.


Supreme Court<br />

Boshkovich 137<br />

9. The Supreme Court shall consist of nine judges. There shall be at least one Supreme<br />

Court judge from each national community meeting the threshold specified in paragraph<br />

1(b)(ii) of Article II.<br />

10. The Supreme Court shall hear appeals from the District Courts and the Communal<br />

Courts. Except as otherwise provided in this Constitution, the Supreme Court shall be the<br />

court of final appeal for all cases arising under law applicable in Kosovo. Its decisions<br />

shall be recognized and executed by all authorities in the Federal Republic of Yugoslavia.<br />

Functioning of the Courts<br />

11. The Assembly shall determine the number of District and Communal Court judges<br />

necessary to meet current needs.<br />

12. Judges of all courts in Kosovo shall be distinguished jurists of the highest moral<br />

character. They shall be broadly representative of the national communities of Kosovo.<br />

13. Removal of a Kosovo judge shall require the consensus of the judges of the<br />

Constitutional Court. A Constitutional Court judge whose removal is in question shall not<br />

participate in the decision on his case.<br />

14. The Constitutional Court shall adopt rules for itself and for other courts in Kosovo.<br />

The Constitutional and Supreme Courts shall each adopt decisions by majority vote of<br />

their members.<br />

15. Except as otherwise specified in their rules, all Kosovo courts shall hold public<br />

proceedings. They shall issue published opinions setting forth the reasons for their<br />

decisions.<br />

Article VI: Human Rights and Fundamental Freedoms<br />

1. All authorities in Kosovo shall ensure internationally recognized human rights and<br />

fundamental freedoms.<br />

2. The rights and freedoms set forth in the European Convention for the Protection of<br />

Human Rights and Fundamental Freedoms and its Protocols shall apply directly in<br />

Kosovo. Other internationally recognized human rights instruments enacted into law by<br />

the Kosovo Assembly shall also apply. These rights and freedoms shall have priority over<br />

all other law.<br />

3. All courts, agencies, governmental institutions, and other public institutions of Kosovo<br />

or operating in relation to Kosovo shall conform to these human rights and fundamental<br />

freedoms.


Article VII: National Communities<br />

Boshkovich 138<br />

1. National communities and their members shall have additional rights as set forth below<br />

in order to preserve and express their national, cultural, religious, and linguistic identities<br />

in accordance with international standards and the Helsinki Final Act. Such rights shall<br />

be exercised in conformity with human rights and fundamental freedoms.<br />

2. Each national community may elect, through democratic means and in a manner<br />

consistent with the principles of Chapter 3 of this Agreement, institutions to administer<br />

its affairs in Kosovo.<br />

3. The national communities shall be subject to the laws applicable in Kosovo, provided<br />

that any act or decision concerning national communities must be non- discriminatory.<br />

The Assembly shall decide upon a procedure for resolving disputes between national<br />

communities.<br />

4. The additional rights of the national communities, acting through their democratically<br />

elected institutions, are to:<br />

(a) preserve and protect their national, cultural, religious, and linguistic identities,<br />

including by:<br />

(i) inscribing local names of towns and villages, of squares and streets, and of other<br />

topographic names in the language and alphabet of the national community in addition to<br />

signs in Albanian and Serbian, consistent with decisions about style made by the<br />

communal institutions;<br />

(ii) providing information in the language and alphabet of the national community;<br />

(iii) providing for education and establishing educational institutions, in particular for<br />

schooling in their own language and alphabet and in national culture and history, for<br />

which relevant authorities will provide financial assistance; curricula shall reflect a spirit<br />

of tolerance between national communities and respect for the rights of members of all<br />

national communities in accordance with international standards;<br />

(iv) enjoying unhindered contacts with representatives of their respective national<br />

communities, within the Federal Republic of Yugoslavia and abroad;<br />

(v) using and displaying national symbols, including symbols of the Federal Republic of<br />

Yugoslavia and the Republic of Serbia;<br />

(vi) protecting national traditions on family law by, if the community decides, arranging<br />

rules in the field of inheritance; family and matrimonial relations; tutorship; and<br />

adoption;


Boshkovich 139<br />

(vii) the preservation of sites of religious, historical, or cultural importance to the national<br />

community in cooperation with other authorities;<br />

(viii) implementing public health and social services on a non-discriminatory basis as to<br />

citizens and national communities;<br />

(ix) operating religious institutions in cooperation with religious authorities; and<br />

(x) participating in regional and international non-governmental organizations in<br />

accordance with procedures of these organizations;<br />

(b) be guaranteed access to, and representation in, public broadcast media, including<br />

provisions for separate programming in relevant languages under the direction of those<br />

nominated by the respective national community on a fair and equitable basis; and<br />

(c) finance their activities by collecting contributions the national communities may<br />

decide to levy on members of their own communities.<br />

5. Members of national communities shall also be individually guaranteed:<br />

(a) the right to enjoy unhindered contacts with members of their respective national<br />

communities elsewhere in the Federal Republic of Yugoslavia and abroad;<br />

(b) equal access to employment in public services at all levels;<br />

(c) the right to use their languages and alphabets;<br />

(d) the right to use and display national community symbols;<br />

(e) the right to participate in democratic institutions that will determine the national<br />

community's exercise of the collective rights set forth in this Article; and<br />

(f) the right to establish cultural and religious associations, for which relevant authorities<br />

will provide financial assistance.<br />

6. Each national community and, where appropriate, their members acting individually<br />

may exercise these additional rights through Federal institutions and institutions of the<br />

Republics, in accordance with the procedures of those institutions and without prejudice<br />

to the ability of Kosovo institutions to carry out their responsibilities.<br />

7. Every person shall have the right freely to choose to be treated or not to be treated as<br />

belonging to a national community, and no disadvantage shall result from that choice or<br />

from the exercise of the rights connected to that choice.


Article VIII: Communes<br />

Boshkovich 140<br />

1. Kosovo shall have the existing communes. Changes may be made to communal<br />

boundaries by act of the Kosovo Assembly after consultation with the authorities of the<br />

communes concerned.<br />

2. Communes may develop relationships among themselves for their mutual benefit.<br />

3. Each commune shall have an Assembly, an Executive Council, and such<br />

administrative bodies as the commune may establish.<br />

(a) Each national community whose membership constitutes at least three percent of the<br />

population of the commune shall be represented on the Council in proportion to its share<br />

of the communal population or by one member, whichever is greater.<br />

(b) Prior to the completion of a census, disputes over communal population percentages<br />

for purposes of this paragraph shall be resolved by reference to declarations of national<br />

community membership in the voter registry.<br />

4. The communes shall have responsibility for:<br />

(a) law enforcement, as specified in Chapter 2 of this Agreement;<br />

(b) regulating and, when appropriate, providing child care;<br />

(c) providing education, consistent with the rights and duties of national communities,<br />

and in a spirit of tolerance between national communities and respect for the rights of the<br />

members of all national communities in accordance with international standards;<br />

(d) protecting the communal environment;<br />

(e) regulating commerce and privately-owned stores;<br />

(f) regulating hunting and fishing;<br />

(g) planning and carrying out public works of communal importance, including roads and<br />

water supplies, and participating in the planning and carrying out of Kosovo-wide public<br />

works projects in coordination with other communes and Kosovo authorities;<br />

(h) regulating land use, town planning, building regulations, and housing construction;<br />

(i) developing programs for tourism, the hotel industry, catering, and sport;<br />

(j) organizing fairs and local markets;


Boshkovich 141<br />

(k) organizing public services of communal importance, including fire, emergency<br />

response, and police consistent with Chapter 2 of this Agreement; and<br />

(l) financing the work of communal institutions, including raising revenues, taxes, and<br />

preparing budgets.<br />

5. The communes shall also have responsibility for all other areas within Kosovo's<br />

authority not expressly assigned elsewhere herein, subject to the provisions of Article<br />

II.5(b) of this Constitution.<br />

6. Each commune shall conduct its business in public and shall maintain publicly<br />

available records of its deliberations and decisions.<br />

Article IX: Representation<br />

1. Citizens in Kosovo shall have the right to participate in the election of:<br />

(a) At least 10 deputies in the House of Citizens of the Federal Assembly; and<br />

(b) At least 20 deputies in the National Assembly of the Republic of Serbia.<br />

2. The modalities of elections for the deputies specified in paragraph 1 shall be<br />

determined by the Federal Republic of Yugoslavia and the Republic of Serbia<br />

respectively, under procedures to be agreed with the Chief of the Implementation<br />

Mission.<br />

3. The Assembly shall have the opportunity to present to the appropriate authorities a list<br />

of candidates from which shall be drawn:<br />

(a) At least one citizen in Kosovo to serve in the Federal Government, and at least one<br />

citizen in Kosovo to serve in the Government of the Republic of Serbia; and<br />

(b) At least one judge on the Federal Constitutional Court, one judge on the Federal<br />

Court, and three judges on the Supreme Court of Serbia.<br />

Article X: Amendment<br />

1. The Assembly may by a majority of two-thirds of its Members, which majority must<br />

include a majority of the Members elected from each national community pursuant to<br />

Article II.1(b)(ii), adopt amendments to this Constitution.<br />

2. There shall, however, be no amendments to Article I.3-8 or to this Article, nor shall<br />

any amendment diminish the rights granted by Articles VI and VII.


Article XI: Entry into Force<br />

This Constitution shall enter into force upon signature of this Agreement.<br />

Chapter 2<br />

Police and Civil Public Security<br />

Article I: General Principles<br />

Boshkovich 142<br />

1. All law enforcement agencies, organizations and personnel of the Parties, which for<br />

purposes of this Chapter will include customs and border police operating in Kosovo,<br />

shall act in compliance with this Agreement and shall observe internationally recognized<br />

standards of human rights and due process. In exercising their functions, law enforcement<br />

personnel shall not discriminate on any ground, such as sex, race, color, language,<br />

religion, political or other opinion, national or social origin, association with a national<br />

community, property, birth or other status.<br />

2. The Parties invite the Organization for Security and Cooperation in Europe (OSCE)<br />

through its Implementation Mission (IM) to monitor and supervise implementation of this<br />

Chapter and related provisions of this Agreement. The Chief of the Implementation<br />

Mission (CIM) or his designee shall have the authority to issue binding directives to the<br />

Parties and subsidiary bodies on police and civil public security matters to obtain<br />

compliance by the Parties with the terms of this Chapter. The Parties agree to cooperate<br />

fully with the IM and to comply with its directives. Personnel assigned to police-related<br />

duties within the IM shall be permitted to wear a uniform while serving in this part of the<br />

mission.<br />

3. In carrying out his responsibilities, the CIM will inform and consult KFOR as<br />

appropriate.<br />

4. The IM shall have the authority to:<br />

(a) Monitor, observe, and inspect law enforcement activities, personnel, and facilities,<br />

including border police and customs units, as well as associated judicial organizations,<br />

structures, and proceedings;<br />

(b) Advise law enforcement personnel and forces, including border police and customs<br />

units, and, when necessary to bring them into compliance with this Agreement, including<br />

this Chapter, issue appropriate binding directions in coordination with KFOR;<br />

(c) Participate in and guide the training of law enforcement personnel;<br />

(d) In coordination with KFOR, assess threats to public order;<br />

(e) Advise and provide guidance to governmental authorities on how to deal with threats<br />

to public order and on the organization of effective civilian law enforcement agencies;


(f) Accompany the Parties' law enforcement personnel as they carry out their<br />

responsibilities, as the IM deems appropriate;<br />

(g) Dismiss or discipline public security personnel of the Parties for cause; and<br />

Boshkovich 143<br />

(h) Request appropriate law enforcement support from the international community to<br />

enable IM to carry out the duties assigned in this Chapter.<br />

5. All Kosovo, Republic and Federal law enforcement and Federal military authorities<br />

shall be obligated, in their respective areas of authority, to ensure freedom of movement<br />

and safe passage for all persons, vehicles and goods. This obligation includes a duty to<br />

permit the unobstructed passage into Kosovo of police equipment which has been<br />

approved by the CIM and COMKFOR for use by Kosovo police, and of any other<br />

support provided under subparagraph 4(h) above.<br />

6. The Parties undertake to provide one another mutual assistance, when requested, in the<br />

surrender of those accused of committing criminal acts within a Party's jurisdiction, and<br />

in the investigation and prosecution of offenses across the boundary of Kosovo with other<br />

parts of the FRY. The Parties shall develop agreed procedures and mechanisms for<br />

responding to these requests. The CIM or his designee shall resolve disputes on these<br />

matters.<br />

7. The IM shall aim to transfer law enforcement responsibilities described in Article II<br />

below to the law enforcement officials and organizations described in Article II at the<br />

earliest practical time consistent with civil public security.<br />

Article II: Communal Police<br />

1. As they build up, communal police units, organized and stationed at the communal and<br />

municipal levels, shall assume primary responsibility for law enforcement in Kosovo.<br />

The specific responsibilities of the communal police will include police patrols and crime<br />

prevention, criminal investigations, arrest and detention of criminal suspects, crowd<br />

control, and traffic control.<br />

2. Number and Composition. The total number of communal police established by this<br />

Agreement operating within Kosovo shall not exceed 3,000 active duty law enforcement<br />

officers. However, the CIM shall have the authority to increase or decrease this personnel<br />

ceiling if he determines such action is necessary to meet operational needs. Prior to<br />

taking any such action, the CIM shall consult with the Criminal Justice Administration<br />

and other officials as appropriate. The national communities in each commune shall be<br />

fairly represented in the communal police unit.<br />

3. Criminal Justice Administration.<br />

a. A Criminal Justice Administration (CJA) shall be established. It shall be an<br />

Administrative Organ of Kosovo, reporting to an appropriate member of the Government


Boshkovich 144<br />

of Kosovo as determined by the Government. The CJA shall provide general<br />

coordination of law enforcement operations in Kosovo. Specific functions of the CJA<br />

shall include general supervision over, and providing guidance to, communal police<br />

forces through their commanders, assisting in the coordination between separate<br />

communal police forces, and oversight of the operations of the police academy. In<br />

carrying out these responsibilities, the CJA may issue directives, which shall be binding<br />

on communal police commanders and personnel. In the exercise of its functions, the CJA<br />

shall be subject to any directions given by CIM.<br />

b. Within twelve months of the establishment of the CJA, the CJA shall submit for<br />

review by the CIM a plan for the coordination and development of law enforcement<br />

bodies and personnel in Kosovo within its jurisdiction. This plan shall serve as the<br />

framework for law enforcement coordination and development in Kosovo and be subject<br />

to modification by the CIM.<br />

c. The IM will endeavor to develop the capacities of the CJA as quickly as possible. Prior<br />

to the point when the CJA is able to properly carry out the functions described in the<br />

preceding paragraph, as determined by the CIM, the IM shall carry out these functions.<br />

4. Communal Commanders. Subject to review by the CIM, each commune will appoint,<br />

and may remove for cause, by majority vote of the communal council, a communal police<br />

commander with responsibility for police operations within the commune.<br />

5. Service in Police.<br />

(a) Recruitment for public security personnel will be conducted primarily at the local<br />

level. Local and communal governments, upon consultation with communal Criminal<br />

Justice Commissions, will nominate officer candidates to attend the Kosovo Police<br />

Academy. Offers of employment will be made by communal police commanders, with<br />

the concurrence of the academy director, only after the candidate has successfully<br />

completed the academy basic recruit course.<br />

(b) Recruitment, selection and training of communal police officers shall be conducted<br />

under the direction of the IM during the period of its operation.<br />

(c) There shall be no bar to service in the communal police based on prior political<br />

activities. Members of the police shall not, however, be permitted while they hold this<br />

public office to participate in party political activities other than membership in such a<br />

party.<br />

(d) Continued service in the police is dependent upon behavior consistent with the terms<br />

of this Agreement, including this Chapter. The IM shall supervise regular reviews of<br />

officer performance, which shall be conducted in accordance with international due<br />

process norms.


6. Uniforms and Equipment.<br />

Boshkovich 145<br />

(a) All communal police officers, with the exception of officers participating in crowd<br />

control functions, shall wear a standard uniform. Uniforms shall include a badge, picture<br />

identification, and name tag.<br />

(b) Communal police officers may be equipped with a sidearm, handcuffs, a baton, and a<br />

radio.<br />

(c) Subject to authorization or modification by the CIM, each commune may maintain,<br />

either at the communal headquarters or at municipal stations, no more than one longbarreled<br />

weapon not to exceed 7.62 mm for every fifteen police officers assigned to the<br />

commune. Each such weapon must be approved by and registered with the IM and KFOR<br />

pursuant to procedures established by the CIM and COMKFOR. When not in use, all<br />

such weapons will be securely stored and each commune will keep a registry of these<br />

weapons.<br />

(i) In the event of a serious law enforcement threat that would justify the use of these<br />

weapons, the communal police commander shall obtain IM approval before employing<br />

these weapons.<br />

(ii) The communal police commander may authorize the use of these weapons without<br />

prior approval of the IM for the sole purpose of self-defense. In such cases, he must<br />

report the incident no later than one hour after it occurs to the IM and KFOR.<br />

(iii) If the CIM determines that a weapon has been used by a member of a communal<br />

police force in a manner contrary to this Chapter, he may take appropriate corrective<br />

measures; such measures may include reducing the number of such weapons that the<br />

communal police force is allowed to possess or dismissing or disciplining the law<br />

enforcement personnel involved.<br />

(d) Communal police officers engaged in crowd control functions will receive equipment<br />

appropriate to their task, including batons, helmets and shields, subject to IM approval.<br />

Article III: Interim Police Academy<br />

1. Under the supervision of the IM, the CJA shall establish an interim Police Academy<br />

that will offer mandatory and professional development training for all public security<br />

personnel, including border police. Until the interim police academy is established, IM<br />

will oversee a temporary training program for public security personnel including border<br />

police.<br />

2. All public security personnel shall be required to complete a course of police studies<br />

successfully before serving as communal police officers.


Boshkovich 146<br />

3. The Academy shall be headed by a Director appointed and removed by the CJA in<br />

consultation with the Kosovo Criminal Justice Commission and the IM. The Director<br />

shall consult closely with the IM and comply fully with its recommendations and<br />

guidance.<br />

4. All Republic and Federal police training facilities in Kosovo, including the academy at<br />

Vucitrn, will cease operations within 6 months of the entry into force of this Agreement.<br />

Article IV: Criminal Justice Commissions<br />

1. The parties shall establish a Kosovo Criminal Justice Commission and Communal<br />

Criminal Justice Commissions. The CIM or his designee shall chair meetings of these<br />

Commissions. They shall be forums for cooperation, coordination and the resolution of<br />

disputes concerning law enforcement and civil public security in Kosovo.<br />

2. The functions of the Commissions shall include the following:<br />

(a) Monitor, review, and make recommendations regarding the operation of law<br />

enforcement personnel and policies in Kosovo, including communal police units;<br />

(b) Review, and make recommendations regarding the recruitment, selection and training<br />

of communal police officers and commanders;<br />

(c) Consider complaints regarding police practices filed by individuals or national<br />

communities, and provide information and recommendations to communal police<br />

commanders and the CIM for consideration in their reviews of officer performance; and<br />

(d) In the Kosovo Criminal Justice Commission only: In consultation with designated<br />

local, Republic and Federal police liaisons, monitor jurisdiction sharing in cases of<br />

overlapping criminal jurisdiction between Kosovo, Republic and Federal authorities.<br />

3. The membership of the Kosovo Criminal Justice Commission and each Communal<br />

Criminal Justice Commission shall be representative of the population and shall include:<br />

(a) In the Kosovo Criminal Justice Commission:<br />

(i) a representative of each commune;<br />

(ii) the head of the Kosovo CJA;<br />

(iii) a representative of each Republic and Federal law enforcement component operating<br />

in Kosovo (for example, Customs police and Border police);<br />

(iv) a representative of each national community;<br />

(v) a representative of the IM, during its period of operation in Kosovo;


(vi) a representative of the VJ border guard, as appropriate;<br />

(vii) a representative of the MUP, as appropriate, while present in Kosovo; and<br />

Boshkovich 147<br />

(viii) A representative of KFOR, as appropriate. (b) In the Communal Criminal Justice<br />

Commissions:<br />

(i) the communal police commander;<br />

(ii) a representative of any Republic and Federal law enforcement component operating<br />

in the commune;<br />

(iii) a representative of each national community;<br />

(iv) a civilian representative of the communal government;<br />

(v) a representative of the IM, during its period of operation in Kosovo;<br />

(vi) a representative of the VJ border guard, who shall have observer status, as<br />

appropriate; and<br />

(vii) A representative of KFOR, as appropriate.<br />

4. Each Criminal Justice Commission shall meet at least monthly, or at the request of any<br />

Commission member.<br />

Article V: Police Operations in Kosovo<br />

1. The communal police established by this Agreement shall have exclusive law<br />

enforcement authority and jurisdiction and shall be the only police presence in Kosovo<br />

following the reduction and eventual withdrawal from Kosovo by the MUP, with the<br />

exception of border police as specified in Article VI and any support provided pursuant to<br />

Article I(3)(h).<br />

(a) During the transition to communal police, the remaining MUP shall carry out only<br />

normal policing duties, and shall draw down, pursuant to the schedule described in<br />

Chapter 7.<br />

(b) During the period of the phased drawdown of the MUP, the MUP in Kosovo shall<br />

have authority to conduct only civil police functions and shall be under the supervision<br />

and control of the CIM. The IM may dismiss from service, or take other appropriate<br />

disciplinary action against, MUP personnel who obstruct implementation of this<br />

Agreement.


2. Concurrent Law Enforcement in Kosovo.<br />

Boshkovich 148<br />

(a) Except as provided in Article V.1 and Article VI, Federal and Republic law<br />

enforcement officials may only act within Kosovo in cases of hot pursuit of a person<br />

suspected of committing a serious criminal offense.<br />

(i) Federal and Republic authorities shall as soon as practicable, but in no event later than<br />

one hour after their entry into Kosovo while engaged in a hot pursuit, notify the nearest<br />

Kosovo law enforcement officials that the pursuit has crossed into Kosovo. Once<br />

notification has been made, further pursuit and apprehension shall be coordinated with<br />

Kosovo law enforcement. Following apprehension, suspects shall be placed into the<br />

custody of the authorities originating the pursuit. If the suspect has not been apprehended<br />

within four hours, the original pursuing authorities shall cease their pursuit and<br />

immediately depart Kosovo unless invited to continue their pursuit by the CJA or the<br />

CIM.<br />

(ii) In the event the pursuit is of such short duration as to preclude notification, Kosovo<br />

law enforcement officials shall be notified that an apprehension has been made and shall<br />

be given access to the detainee prior to his removal from Kosovo.<br />

(iii) Personnel engaged in hot pursuit under the provisions of this Article may only be<br />

civilian police, may only carry weapons appropriate for normal civilian police duties<br />

(sidearms, and long-barreled weapons not to exceed 7.62mm), may only travel in<br />

officially marked police vehicles, and may not exceed a total of eight personnel at any<br />

one time. Travel in armored personnel carriers by police engaged in hot pursuit is strictly<br />

prohibited.<br />

(iv) The same rules shall apply to hot pursuit of suspects by Kosovo law enforcement<br />

authorities to Federal territory outside of Kosovo.<br />

(b) All Parties shall provide the highest degree of mutual assistance in law enforcement<br />

matters in response to reasonable requests.<br />

Article VI: Security on International Borders<br />

1. The Government of the FRY will maintain official border crossings on its international<br />

borders (Albania and FYROM).<br />

2. Personnel from the organizations listed below may be present along Kosovo's<br />

international borders and at international border crossings, and may not act outside the<br />

scope of the authorities specified in this Chapter.<br />

(a) Republic of Serbia Border Police<br />

(i) The Border Police shall continue to exercise authority at Kosovo's international border<br />

crossings and in connection with the enforcement of Federal Republic of Yugoslavia


Boshkovich 149<br />

immigration laws. The total number of border police shall be drawn down to 75 within 14<br />

days of entry into force of this Agreement.<br />

(ii) While maintaining the personnel threshold specified in subparagraph (i), the ranks of<br />

the existing Border Police units operating in Kosovo shall be supplemented by new<br />

recruits so that they are representative of the Kosovo population.<br />

(iii) All Border Police stationed in Kosovo must attend police training at the Kosovo<br />

police academy within 18 months of the entry into force of this Agreement.<br />

(b) Customs Officers<br />

(i) The FRY Customs Service will continue to exercise customs jurisdiction at Kosovo's<br />

official international border crossings and in such customs warehouses as may be<br />

necessary within Kosovo. The total number of customs personnel shall be drawn down to<br />

50 within 14 days of the entry into force of this Agreement.<br />

(ii) Kosovar Albanian officers of the Customs Service shall be trained and compensated<br />

by the FRY.<br />

(c) The CIM shall conduct a periodic review of customs and border police requirements<br />

and shall have the authority to increase or decrease the personnel ceilings described in<br />

paragraphs (a)(i) and (b)(i) above to reflect operational needs and to adjust the<br />

composition of individual customs units.<br />

Article VII: Arrest and Detention<br />

1. Except pursuant to Article V, Article I(3)(h), and sections (a)-(b) of this paragraph,<br />

only officers of the communal police shall have authority to arrest and detain individuals<br />

in Kosovo. (a) Border Police officers shall have authority within Kosovo to arrest and<br />

detain individuals who have violated criminal provisions of the immigration laws.<br />

(b) Officers of the Customs Service shall have authority within Kosovo to arrest and<br />

detain individuals for criminal violations of the customs laws.<br />

2. Immediately upon making an arrest, the arresting officer shall notify the nearest<br />

Communal Criminal Justice Commission of the detention and the location of the<br />

detainee. He subsequently shall transfer the detainee to the nearest appropriate jail in<br />

Kosovo at the earliest opportunity.<br />

3. Officers may use reasonable and necessary force proportionate to the circumstances to<br />

effect arrests and keep suspects in custody.<br />

4. Kosovo and its constituent communes shall establish jails and prisons to accommodate<br />

the detention of criminal suspects and the imprisonment of individuals convicted of<br />

violating the laws applicable in Kosovo. Prisons shall be operated consistent with


Boshkovich 150<br />

international standards. Access shall be provided to international personnel, including<br />

representatives of the International Committee of the Red Cross.<br />

Article VIII: Administration of Justice<br />

1. Criminal Jurisdiction over Persons Arrested within Kosovo.<br />

(a) Except in accordance with Article V and subparagraph (b) of this paragraph, any<br />

person arrested within Kosovo shall be subject to the jurisdiction of the Kosovo courts.<br />

(b) Any person arrested within Kosovo, in accordance with the law and with this<br />

Agreement, by the Border Police or Customs Police shall be subject to the jurisdiction of<br />

the FRY courts. If there is no applicable court of the FRY to hear the case, the Kosovo<br />

courts shall have jurisdiction.<br />

2. Prosecution of Crimes.<br />

(a) The CJA shall, in consultation with the CIM, appoint and have the authority to<br />

remove the Chief Prosecutor.<br />

(b) The IM shall have the authority to monitor, observe, inspect, and when necessary,<br />

direct the operations of the Office of the Prosecutor and any and all related staff.<br />

Article IX: Final Authority to Interpret<br />

The CIM is the final authority regarding interpretation of this Chapter and his<br />

determinations are binding on all Parties and persons.<br />

Chapter 3<br />

Conduct and Supervision of Elections<br />

Article I: Conditions for Elections<br />

1. The Parties shall ensure that conditions exist for the organization of free and fair<br />

elections, which include but are not limited to:<br />

a) freedom of movement for all citizens;<br />

b) an open and free political environment;<br />

c) an environment conducive to the return of displaced persons;<br />

d) a safe and secure environment that ensures freedom of assembly, association, and<br />

expression;


Boshkovich 151<br />

e) an electoral legal framework of rules and regulations complying with OSCE<br />

commitments, which will be implemented by a Central Election Commission, as set forth<br />

in Article III, which is representative of the population of Kosovo in terms of national<br />

communities and political parties; and<br />

f) free media, effectively accessible to registered political parties and candidates, and<br />

available to voters throughout Kosovo.<br />

2. The Parties request the OSCE to certify when elections will be effective under current<br />

conditions in Kosovo, and to provide assistance to the Parties to create conditions for free<br />

and fair elections.<br />

3. The Parties shall comply fully with Paragraphs 7 and 8 of the OSCE Copenhagen<br />

Document, which are attached to this Chapter.<br />

Article II: Role of the OSCE<br />

1. The Parties request the OSCE to adopt and put in place an elections program for<br />

Kosovo and supervise elections as set forth in this Agreement.<br />

2. The Parties request the OSCE to supervise, in a manner to be determined by the OSCE<br />

and in cooperation with other international organizations the OSCE deems necessary, the<br />

preparation and conduct of elections for:<br />

a) Members of the Kosovo Assembly;<br />

b) Members of Communal Assemblies;<br />

c) other officials popularly elected in Kosovo under this Agreement and the laws and<br />

Constitution of Kosovo at the discretion of the OSCE.<br />

3. The Parties request the OSCE to establish a Central Election Commission in Kosovo<br />

("the Commission").<br />

4. Consistent with Article IV of Chapter 5, the first elections shall be held within nine<br />

months of the entry into force of this Agreement. The President of the Commission shall<br />

decide, in consultation with the Parties, the exact timing and order of elections for<br />

Kosovo political offices.<br />

Article III: Central Election Commission<br />

1. The Commission shall adopt electoral Rules and Regulations on all matters necessary<br />

for the conduct of free and fair elections in Kosovo, including rules relating to: the<br />

eligibility and registration of candidates, parties, and voters, including displaced persons<br />

and refugees; ensuring a free and fair elections campaign; administrative and technical


Boshkovich 152<br />

preparation for elections including the establishment, publication, and certification of<br />

election results; and the role of international and domestic election observers.<br />

2. The responsibilities of the Commission, as provided in the electoral Rules and<br />

Regulations, shall include:<br />

a) the preparation, conduct, and supervision of all aspects of the electoral process,<br />

including development and supervision of political party and voter registration, and<br />

creation of secure and transparent procedures for production and dissemination of ballots<br />

and sensitive election materials, vote counts, tabulations, and publication of elections<br />

results;<br />

b) ensuring compliance with the electoral Rules and Regulations established pursuant to<br />

this Agreement, including establishing auxiliary bodies for this purpose as necessary;<br />

c) ensuring that action is taken to remedy any violation of any provision of this<br />

Agreement, including imposing penalties such as removal from candidate or party lists,<br />

against any person, candidate, political party, or body that violates such provisions; and<br />

d) accrediting observers, including personnel from international organizations and foreign<br />

and domestic non-governmental organizations, and ensuring that the Parties grant the<br />

accredited observers unimpeded access and movement.<br />

3. The Commission shall consist of a person appointed by the Chairman-in-Office (CIO)<br />

of the OSCE, representatives of all national communities, and representatives of political<br />

parties in Kosovo selected by criteria to be determined by the Commission. The person<br />

appointed by the CIO shall act as the President of the Commission. The rules of<br />

procedure of the Commission shall provide that in the exceptional circumstance of an<br />

unresolved dispute within the Commission, the decision of the President shall be final<br />

and binding.<br />

4. The Commission shall enjoy the right to establish communication facilities, and to<br />

engage local and administrative staff.<br />

Chapter 4<br />

Economic Issues<br />

Article I<br />

1. The economy of Kosovo shall function in accordance with free market principles.<br />

2. The authorities established to levy and collect taxes and other charges are set forth in<br />

this Agreement. Except as otherwise expressly provided, all authorities have the right to<br />

keep all revenues from their own taxes or other charges consistent with this Agreement.


Boshkovich 153<br />

3. Certain revenue from Kosovo taxes and duties shall accrue to the Communes, taking<br />

into account the need for an equalization of revenues between the Communes based on<br />

objective criteria. The Assembly of Kosovo shall enact appropriate non-discriminatory<br />

legislation for this purpose. The Communes may also levy local taxes in accordance with<br />

this Agreement.<br />

4. The Federal Republic of Yugoslavia shall be responsible for the collection of all<br />

customs duties at international borders in Kosovo. There shall be no impediments to the<br />

free movement of persons, goods, services, and capital to and from Kosovo.<br />

5. Federal authorities shall ensure that Kosovo receives a proportionate and equitable<br />

share of benefits that may be derived from international agreements concluded by the<br />

Federal Republic and of Federal resources.<br />

6. Federal and other authorities shall within their respective powers and responsibilities<br />

ensure the free movement of persons, goods, services, and capital to Kosovo, including<br />

from international sources. They shall in particular allow access to Kosovo without<br />

discrimination for persons delivering such goods and services.<br />

7. If expressly required by an international donor or lender, international contracts for<br />

reconstruction projects shall be concluded by the authorities of the Federal Republic of<br />

Yugoslavia, which shall establish appropriate mechanisms to make such funds available<br />

to Kosovo authorities. Unless precluded by the terms of contracts, all reconstruction<br />

projects that exclusively concern Kosovo shall be managed and implemented by the<br />

appropriate Kosovo authority.<br />

Article II<br />

1. The Parties agree to reallocate ownership and resources in accordance insofar as<br />

possible with the distribution of powers and responsibilities set forth in this Agreement,<br />

in the following areas:<br />

(a) government-owned assets (including educational institutions, hospitals, natural<br />

resources, and production facilities);<br />

(b) pension and social insurance contributions;<br />

(c) revenues to be distributed under Article I.5; and<br />

(d) any other matters relating to economic relations between the Parties not covered by<br />

this Agreement.<br />

2. The Parties agree to the creation of a Claim Settlement Commission (CSC) to resolve<br />

all disputes between them on matters referred to in paragraph 1.


Boshkovich 154<br />

(a) The CSC shall consist of three experts designated by Kosovo, three experts designated<br />

jointly by the Federal Republic of Yugoslavia and the Republic of Serbia, and three<br />

independent experts designated by the CIM.<br />

(b) The decisions of the CSC, which shall be taken by majority vote, shall be final and<br />

binding. The Parties shall implement them without delay.<br />

3. Authorities receiving ownership of public facilities shall have the power to operate<br />

such facilities.<br />

Chapter 4 A<br />

Humanitarian Assistance, Reconstruction and Economic Development<br />

1. In parallel with the continuing full implementation of this Agreement, urgent attention<br />

must be focused on meeting the real humanitarian and economic needs of Kosovo in<br />

order to help create the conditions for reconstruction and lasting economic recovery.<br />

International assistance will be provided without discrimination between national<br />

communities.<br />

2. The Parties welcome the willingness of the European Commission working with the<br />

international community to co-ordinate international support for the parties' efforts.<br />

Specifically, the European Commission will organize an international donors' conference<br />

within one month of entry into force of this Agreement.<br />

3. The international community will provide immediate and unconditional humanitarian<br />

assistance, focusing primarily on refugees and internally displaced persons returning to<br />

their former homes. The Parties welcome and endorse the UNHCR's lead role in coordination<br />

of this effort, and endorse its intention, in close co-operation with the<br />

Implementation Mission, to plan an early, peaceful, orderly and phased return of refugees<br />

and displaced persons in conditions of safety and dignity.<br />

4. The international community will provide the means for the rapid improvement of<br />

living conditions for the population of Kosovo through the reconstruction and<br />

rehabilitation of housing and local infrastructure (including water, energy, health and<br />

local education infrastructure) based on damage assessment surveys.<br />

5. Assistance will also be provided to support the establishment and development of the<br />

institutional and legislative framework laid down in this Agreement, including local<br />

governance and tax settlement, and to reinforce civil society, culture and education.<br />

Social welfare will also be addressed, with priority given to the protection of vulnerable<br />

social groups.<br />

6. It will also be vital to lay the foundations for sustained development, based on a revival<br />

of the local economy. This must take account of the need to address unemployment, and


Boshkovich 155<br />

to stimulate the economy by a range of mechanisms. The European Commission will be<br />

giving urgent attention to this.<br />

7. International assistance, with the exception of humanitarian aid, will be subject to full<br />

compliance with this Agreement as well as other conditionalities defined in advance by<br />

the donors and the absorptive capacity of Kosovo.<br />

Chapter 5<br />

Implementation Mission<br />

Implementation I<br />

Article I: Institutions<br />

1. The Parties invite the OSCE, in cooperation with the European Union, to constitute an<br />

Implementation Mission in Kosovo. All responsibilities and powers previously vested in<br />

the Kosovo Verification Mission and its Head by prior agreements shall be continued in<br />

the Implementation Mission and its Chief.<br />

Joint Commission<br />

2. A Joint Commission shall serve as the central mechanism for monitoring and<br />

coordinating the civilian implementation of this Agreement. It shall consist of the Chief<br />

of the Implementation Mission (CIM), one Federal and one Republic representative, one<br />

representative of each national community in Kosovo, the President of the Assembly, and<br />

a representative of the President of Kosovo. Meetings of the Joint Commission may be<br />

attended by other representatives of organizations specified in this Agreement or needed<br />

for its implementation.<br />

3. The CIM shall serve as the Chair of the Joint Commission. The Chair shall coordinate<br />

and organize the work of the Joint Commission and decide the time and place of its<br />

meetings. The Parties shall abide by and fully implement the decisions of the Joint<br />

Commission. The Joint Commission shall operate on the basis of consensus, but in the<br />

event consensus cannot be reached, the Chair's decision shall be final.<br />

4. The Chair shall have full and unimpeded access to all places, persons, and information<br />

(including documents and other records) within Kosovo that in his judgment are<br />

necessary to his responsibilities with regard to the civilian aspects of this Agreement.<br />

Joint Council and Local Councils<br />

5. The CIM may, as necessary, establish a Kosovo Joint Council and Local Councils, for<br />

informal dispute resolution and cooperation. The Kosovo Joint Council would consist of<br />

one member from each of the national communities in Kosovo. Local Councils would<br />

consist of representatives of each national community living in the locality where the<br />

Local Council is established.


1. The CIM shall:<br />

Article II: Responsibilities and Powers<br />

Boshkovich 156<br />

(a) supervise and direct the implementation of the civilian aspects of this Agreement<br />

pursuant to a schedule that he shall specify;<br />

(b) maintain close contact with the Parties to promote full compliance with those aspects<br />

of this Agreement;<br />

(c) facilitate, as he deems necessary, the resolution of difficulties arising in connection<br />

with such implementation;<br />

(d) participate in meetings of donor organizations, including on issues of rehabilitation<br />

and reconstruction, in particular by putting forward proposals and identifying priorities<br />

for their consideration as appropriate;<br />

(e) coordinate the activities of civilian organizations and agencies in Kosovo assisting in<br />

the implementation of the civilian aspects of this Agreement, respecting fully their<br />

specific organizational procedures;<br />

(f) report periodically to the bodies responsible for constituting the Mission on progress<br />

in the implementation of the civilian aspects of this Agreement; and<br />

(g) carry out the functions specified in this Agreement pertaining to police and security<br />

forces.<br />

2. The CIM shall also carry out other responsibilities set forth in this Agreement or as<br />

may be later agreed.<br />

Article III: Status of Implementation Mission<br />

1. Implementation Mission personnel shall be allowed unrestricted movement and access<br />

into and throughout Kosovo at any time.<br />

2. The Parties shall facilitate the operations of the Implementation Mission, including by<br />

the provision of assistance as requested with regard to transportation, subsistence,<br />

accommodation, communication, and other facilities.<br />

3. The Implementation Mission shall enjoy such legal capacity as may be necessary for<br />

the exercise of its functions under the laws and regulations of Kosovo, the Federal<br />

Republic of Yugoslavia, and the Republic of Serbia. Such legal capacity shall include the<br />

capacity to contract, and to acquire and dispose of real and personal property.<br />

4. Privileges and immunities are hereby accorded as follows to the Implementation<br />

Mission and associated personnel:


Boshkovich 157<br />

(a) the Implementation Mission and its premises, archives, and other property shall enjoy<br />

the same privileges and immunities as a diplomatic mission under the Vienna Convention<br />

on Diplomatic Relations;<br />

(b) the CIM and professional members of his staff and their families shall enjoy the same<br />

privileges and immunities as are enjoyed by diplomatic agents and their families under<br />

the Vienna Convention on Diplomatic Relations; and<br />

(c) other members of the Implementation Mission staff and their families shall enjoy the<br />

same privileges and immunities as are enjoyed by members of the administrative and<br />

technical staff and their families under the Vienna Convention on Diplomatic Relations.<br />

General<br />

Article IV: Process of Implementation<br />

1. The Parties acknowledge that complete implementation will require political acts and<br />

measures, and the election and establishment of institutions and bodies set forth in this<br />

Agreement. The Parties agree to proceed expeditiously with these tasks on a schedule set<br />

by the Joint Commission. The Parties shall provide active support, cooperation, and<br />

participation for the successful implementation of this Agreement.<br />

Elections and Census<br />

2. Within nine months of the entry into force of this Agreement, there shall be elections<br />

in accordance with and pursuant to procedures specified in Chapter 3 of this Agreement<br />

for authorities established herein, according to a voter list prepared to international<br />

standards by the Central Election Commission. The Organization for Security and<br />

Cooperation in Europe (OSCE) shall supervise those elections to ensure that they are free<br />

and fair.<br />

3. Under the supervision of the OSCE and with the participation of Kosovo authorities<br />

and experts nominated by and belonging to the national communities of Kosovo, Federal<br />

authorities shall conduct an objective and free census of the population in Kosovo under<br />

rules and regulations agreed with the OSCE in accordance with international standards.<br />

The census shall be carried out when the OSCE determines that conditions allow an<br />

objective and accurate enumeration.<br />

(a) The first census shall be limited to name, place of birth, place of usual residence and<br />

address, gender, age, citizenship, national community, and religion.<br />

(b) The authorities of the Parties shall provide each other and the OSCE with all records<br />

necessary to conduct the census, including data about places of residence, citizenship,<br />

voters' lists, and other information.


Transitional Provisions<br />

Boshkovich 158<br />

4. All laws and regulations in effect in Kosovo when this Agreement enters into force<br />

shall remain in effect unless and until replaced by laws or regulations adopted by a<br />

competent body. All laws and regulations applicable in Kosovo that are incompatible<br />

with this Agreement shall be presumed to have been harmonized with this Agreement. In<br />

particular, martial law in Kosovo is hereby revoked.<br />

5. Institutions currently in place in Kosovo shall remain until superseded by bodies<br />

created by or in accordance with this Agreement. The CIM may recommend to the<br />

appropriate authorities the removal and appointment of officials and the curtailment of<br />

operations of existing institutions in Kosovo if he deems it necessary for the effective<br />

implementation of this Agreement. If the action recommended is not taken in the time<br />

requested, the Joint Commission may decide to take the recommended action.<br />

6. Prior to the election of Kosovo officials pursuant to this Agreement, the CIM shall take<br />

the measures necessary to ensure the development and functioning of independent media<br />

in keeping with international standards, including allocation of radio and television<br />

frequencies.<br />

Article V: Authority to Interpret<br />

The CIM shall be the final authority in theater regarding interpretation of the civilian<br />

aspects of this Agreement, and the Parties agree to abide by his determinations as binding<br />

on all Parties and persons.<br />

Chapter 6<br />

The Ombudsman<br />

Article I: General<br />

1. There shall be an Ombudsman, who shall monitor the realization of the rights of<br />

members of national communities and the protection of human rights and fundamental<br />

freedoms in Kosovo. The Ombudsman shall have unimpeded access to any person or<br />

place and shall have the right to appear and intervene before any domestic, Federal, or<br />

(consistent with the rules of such bodies) international authority upon his or her request.<br />

No person, institution, or entity of the Parties may interfere with the functions of the<br />

Ombudsman.<br />

2. The Ombudsman shall be an eminent person of high moral standing who possesses a<br />

demonstrated commitment to human rights and the rights of members of national<br />

communities. He or she shall be nominated by the President of Kosovo and shall be<br />

elected by the Assembly from a list of candidates prepared by the President of the<br />

European Court of Human Rights for a non-renewable three-year term. The Ombudsman<br />

shall not be a citizen of any State or entity that was a part of the former Yugoslavia, or of<br />

any neighboring State. Pending the election of the President and the Assembly, the CIM


Boshkovich 159<br />

shall designate a person to serve as Ombudsman on an interim basis who shall be<br />

succeeded by a person selected pursuant to the procedure set forth in this paragraph.<br />

3. The Ombudsman shall be independently responsible for choosing his or her own staff.<br />

He or she shall have two Deputies. The Deputies shall each be drawn from different<br />

national communities.<br />

(a) The salaries and expenses of the Ombudsman and his or her staff shall be determined<br />

and paid by the Kosovo Assembly. The salaries and expenses shall be fully adequate to<br />

implement the Ombudsman's mandate.<br />

(b) The Ombudsman and members of his or her staff shall not be held criminally or<br />

civilly liable for any acts carried out within the scope of their duties.<br />

1. The Ombudsman shall consider:<br />

Article II: Jurisdiction<br />

(a) alleged or apparent violations of human rights and fundamental freedoms in Kosovo,<br />

as provided in the Constitutions of the Federal Republic of Yugoslavia and the Republic<br />

of Serbia, and the European Convention for the Protection of Human Rights and<br />

Fundamental Freedoms and the Protocols thereto; and<br />

(b) alleged or apparent violations of the rights of members of national communities<br />

specified in this Agreement.<br />

2. All persons in Kosovo shall have the right to submit complaints to the Ombudsman.<br />

The Parties agree not to take any measures to punish persons who intend to submit or<br />

who have submitted such allegations, or in any other way to deter the exercise of this<br />

right.<br />

Article III: Powers and Duties<br />

1. The Ombudsman shall investigate alleged violations falling within the jurisdiction set<br />

forth in Article II.1. He or she may act either on his or her own initiative or in response to<br />

an allegation presented by any Party or person, non-governmental organization, or group<br />

of individuals claiming to be the victim of a violation or acting on behalf of alleged<br />

victims who are deceased or missing. The work of the Ombudsman shall be free of<br />

charge to the person concerned.<br />

2. The Ombudsman shall have complete, unimpeded, and immediate access to any<br />

person, place, or information upon his or her request.<br />

(a) The Ombudsman shall have access to and may examine all official documents, and he<br />

or she can require any person, including officials of Kosovo, to cooperate by providing<br />

relevant information, documents, and files.


Boshkovich 160<br />

(b) The Ombudsman may attend administrative hearings and meetings of other Kosovo<br />

institutions in order to gather information.<br />

(c) The Ombudsman may examine facilities and places where persons deprived of their<br />

liberty are detained, work, or are otherwise located.<br />

(d) The Ombudsman and staff shall maintain the confidentiality of all confidential<br />

information obtained by them, unless the Ombudsman determines that such information<br />

is evidence of a violation of rights falling within his or her jurisdiction, in which case that<br />

information may be revealed in public reports or appropriate legal proceedings.<br />

(e) The Parties undertake to ensure cooperation with the Ombudsman's investigations.<br />

Willful and knowing failure to comply shall be a criminal offense prosecutable in any<br />

jurisdiction of the Parties. Where an official impedes an investigation by refusing to<br />

provide necessary information, the Ombudsman shall contact that official's superior or<br />

the public prosecutor for appropriate penal action to be taken in accordance with the law.<br />

3. The Ombudsman shall issue findings and conclusions in the form of a published report<br />

promptly after concluding an investigation.<br />

(a) A Party, institution, or official identified by the Ombudsman as a violator shall, within<br />

a period specified by the Ombudsman, explain in writing how it will comply with any<br />

prescriptions the Ombudsman may put forth for remedial measures.<br />

(b) In the event that a person or entity does not comply with the conclusions and<br />

recommendations of the Ombudsman, the report shall be forwarded for further action to<br />

the Joint Commission established by Chapter 5 of this Agreement, to the President of the<br />

appropriate Party, and to any other officials or institutions that the Ombudsman deems<br />

proper.<br />

Chapter 7<br />

Implementation II<br />

Article I: General Obligations<br />

1. The Parties undertake to recreate, as quickly as possible, normal conditions of life in<br />

Kosovo and to co- operate fully with each other and with all international organizations,<br />

agencies, and non-governmental organizations involved in the implementation of this<br />

Agreement. They welcome the willingness of the international community to send to the<br />

region a force to assist in the implementation of this Agreement.<br />

a. The United Nations Security Council is invited to pass a resolution under Chapter VII<br />

of the Charter endorsing and adopting the arrangements set forth in this Chapter,<br />

including the establishment of a multinational military implementation force in Kosovo.<br />

The Parties invite NATO to constitute and lead a military force to help ensure compliance


Boshkovich 161<br />

with the provisions of this Chapter. They also reaffirm the sovereignty and territorial<br />

integrity of the Federal Republic of Yugoslavia (FRY).<br />

b. The Parties agree that NATO will establish and deploy a force (hereinafter "KFOR")<br />

which may be composed of ground, air, and maritime units from NATO and non-NATO<br />

nations, operating under the authority and subject to the direction and the political control<br />

of the North Atlantic Council (NAC) through the NATO chain of command. The Parties<br />

agree to facilitate the deployment and operations of this force and agree also to comply<br />

fully with all the obligations of this Chapter.<br />

c. It is agreed that other States may assist in implementing this Chapter. The Parties agree<br />

that the modalities of those States' participation will be the subject of agreement between<br />

such participating States and NATO.<br />

2. The purposes of these obligations are as follows:<br />

a. to establish a durable cessation of hostilities. Other than those Forces provided for in<br />

this Chapter, under no circumstances shall any armed Forces enter, reenter, or remain<br />

within Kosovo without the prior express consent of the KFOR Commander<br />

(COMKFOR). For the purposes of this Chapter, the term "Forces" includes all personnel<br />

and organizations with military capability, including regular army, armed civilian groups,<br />

paramilitary groups, air forces, national guards, border police, army reserves, military<br />

police, intelligence services, Ministry of Internal Affairs, Local, Special, Riot and Anti-<br />

Terrorist Police, and any other groups or individuals so designated by COMKFOR. The<br />

only exception to the provisions of this paragraph is for civilian police engaged in hot<br />

pursuit of a person suspected of committing a serious criminal offense, as provided for in<br />

Chapter 2;<br />

b. to provide for the support and authorization of the KFOR and in particular to authorize<br />

the KFOR to take such actions as are required, including the use of necessary force, to<br />

ensure compliance with this Chapter and the protection of the KFOR, Implementation<br />

Mission (IM), and other international organizations, agencies, and non- governmental<br />

organizations involved in the implementation of this Agreement, and to contribute to a<br />

secure environment;<br />

c. to provide, at no cost, the use of all facilities and services required for the deployment,<br />

operations and support of the KFOR.<br />

3. The Parties understand and agree that the obligations undertaken in this Chapter shall<br />

apply equally to each Party. Each Party shall be held individually responsible for<br />

compliance with its obligations, and each agrees that delay or failure to comply by one<br />

Party shall not constitute cause for any other Party to fail to carry out its own obligations.<br />

All Parties shall be equally subject to such enforcement action by the KFOR as may be<br />

necessary to ensure implementation of this Chapter in Kosovo and the protection of the<br />

KFOR, IM, and other international organizations, agencies, and non- governmental<br />

organizations involved in the implementation of this Agreement.


Article II: Cessation of Hostilities<br />

Boshkovich 162<br />

1. The Parties shall, immediately upon entry into force of this Agreement (EIF), refrain<br />

from committing any hostile or provocative acts of any type against each other or against<br />

any person in Kosovo. They shall not encourage or organize hostile or provocative<br />

demonstrations.<br />

2. In carrying out the obligations set forth in paragraph 1, the Parties undertake in<br />

particular to cease the firing of all weapons and explosive devices except as authorized by<br />

COMKFOR. They shall not place any mines, barriers, unauthorized checkpoints,<br />

observation posts (with the exception of COMKFOR-approved border observation posts<br />

and crossing points), or protective obstacles. Except as provided in Chapter 2, the Parties<br />

shall not engage in any military, security, or training-related activities, including ground,<br />

air, or air defense operations, in or over Kosovo, without the prior express approval of<br />

COMKFOR.<br />

3. Except for Border Guard forces (as provided for in Article IV), no Party shall have<br />

Forces present within a 5 kilometer zone inward from the international border of the FRY<br />

that is also the border of Kosovo (hereinafter "the Border Zone"). The Border Zone will<br />

be marked on the ground by EIF + 14 days by VJ Border Guard personnel in accordance<br />

with direction from IM. COMKFOR may determine small scale reconfigurations for<br />

operational reasons.<br />

4. a. With the exception of civilian police performing normal police duties as determined<br />

by the CIM, no Party shall have Forces present within 5 kilometers of the Kosovo side of<br />

the boundary of Kosovo with other parts of the FRY.<br />

b. The presence of any Forces within 5 kilometers of the other side of that boundary shall<br />

be notified to COMKFOR; if, in the judgment of COMKFOR, such presence threatens or<br />

would threaten implementation of this Chapter in Kosovo, he shall contact the authorities<br />

responsible for the Forces in question and may require those Forces to withdraw from or<br />

remain outside that area.<br />

5. No Party shall conduct any reprisals, counter-attacks, or any unilateral actions in<br />

response to violations of this Chapter by another Party. The Parties shall respond to<br />

alleged violations of this Chapter through the procedures provided in Article XI.<br />

Article III: Redeployment, Withdrawal, and Demilitarization of Forces<br />

In order to disengage their Forces and to avoid any further conflict, the Parties shall<br />

immediately upon EIF begin to re-deploy, withdraw, or demilitarize their Forces in<br />

accordance with Articles IV, V, and VI.


1. VJ Army Units<br />

Article IV: VJ Forces<br />

Boshkovich 163<br />

a. By K-Day + 5 days, all VJ Army units in Kosovo (with the exception of those Forces<br />

specified in paragraph 2 of this Article) shall have completed redeployment to the<br />

approved cantonment sites listed at Appendix A to this Chapter. The senior VJ<br />

commander in Kosovo shall confirm in writing to COMKFOR by K-Day + 5 days that<br />

the VJ is in compliance and provide the information required in Article VII below to take<br />

account of withdrawals or other changes made during the redeployment. This information<br />

shall be updated weekly.<br />

b. By K-Day + 30 days, the Chief of the VJ General Staff, through the senior VJ<br />

commander in Kosovo, shall provide for approval by COMKFOR a detailed plan for the<br />

phased withdrawal of VJ Forces from Kosovo to other locations in Serbia to ensure the<br />

following timelines are met:<br />

1) By K-Day + 90 days, VJ authorities must, to the satisfaction of COMKFOR, withdraw<br />

from Kosovo to other locations in Serbia 50% of men and materiel and all designated<br />

offensive assets. Such assets are taken to be: main battle tanks; all other armored vehicles<br />

mounting weapons greater than 12.7mm; and, all heavy weapons (vehicle mounted or<br />

not) of over 82mm.<br />

2) By K-Day + 180 days, all VJ Army personnel and equipment (with the exception of<br />

those Forces specified in paragraph 2 of this Article) shall be withdrawn from Kosovo to<br />

other locations in Serbia.<br />

2. VJ Border Guard Forces<br />

a. VJ Border Guard forces shall be permitted but limited to a structure of 1500 members<br />

at pre- February 1998 Border Guard Battalion facilities located in Djakovica, Prizren, and<br />

Urosevac and subordinate facilities within the 5 kilometer Border Zone, or at a limited<br />

number of existing facilities in the immediate proximity of the Border Zone subject to the<br />

prior approval of COMKFOR, with that number to be reached by K-Day + 14 days. An<br />

additional number of VJ personnel -- totaling no more than 1000 C2 and logistics forces -<br />

- will be permitted to remain in the approved cantonment sites listed at Appendix A to<br />

fulfill brigade-level functions related only to border security. After an initial 90 day<br />

period from K- Day, COMKFOR may at any time review the deployments of VJ<br />

personnel and may require further adjustments to force levels, with the objective of<br />

reaching the minimum force structure required for legitimate border security, as the<br />

security situation and the conduct of the Parties warrant.<br />

b. VJ elements in Kosovo shall be limited to weapons of 82mm and below. They shall<br />

possess neither armored vehicles (other than wheeled vehicles mounting weapons of<br />

12.7mm or less) nor air defense weapons.


Boshkovich 164<br />

c. VJ Border Guard units shall be permitted to patrol in Kosovo only within the Border<br />

Zone and solely for the purpose of defending the border against external attack and<br />

maintaining its integrity by preventing illicit border crossings. Geographic terrain<br />

considerations may require Border Guard maneuver inward of the Border Zone; any such<br />

maneuver shall be coordinated with and approved by COMKFOR.<br />

d. With the exception of the Border Zone, VJ units may travel through Kosovo only to<br />

reach duty stations and garrisons in the Border Zone or approved cantonment sites. Such<br />

travel may only be along routes and in accordance with procedures that have been<br />

determined by COMKFOR after consultation with the CIM, VJ unit commanders,<br />

communal government authorities, and police commanders. These routes and procedures<br />

will be determined by K-Day + 14 days, subject to re- determination by COMKFOR at<br />

any time. VJ forces in Kosovo but outside the Border Zone shall be permitted to act only<br />

in self-defense in response to a hostile act pursuant to Rules of Engagement (ROE) which<br />

will be approved by COMKFOR in consultation with the CIM. When deployed in the<br />

Border Zone, they will act in accordance with ROE established under control of<br />

COMKFOR.<br />

e. VJ Border Guard forces may conduct training activities only within the 5 kilometer<br />

Border Zone, and only with the prior express approval of COMKFOR.<br />

3. Yugoslav Air and Air Defense Forces (YAADF)<br />

All aircraft, radars, surface-to-air missiles (including man-portable air defense systems<br />

{MANPADS}) and anti-aircraft artillery in Kosovo shall immediately upon EIF begin<br />

withdrawing from Kosovo to other locations in Serbia outside the 25 kilometer Mutual<br />

Safety Zone as defined in Article X. This withdrawal shall be completed and reported by<br />

the senior VJ commander in Kosovo to the appropriate NATO commander not more than<br />

10 days after EIF. The appropriate NATO commander shall control and coordinate use of<br />

airspace over Kosovo commencing at EIF as further specified in Article X. No air<br />

defense systems, target tracking radars, or anti-aircraft artillery shall be positioned or<br />

operated within Kosovo or the 25 kilometer Mutual Safety Zone without the prior express<br />

approval of the appropriate NATO commander.<br />

Article V: Other Forces<br />

1. The actions of Forces in Kosovo other than KFOR, VJ, MUP, or local police forces<br />

provided for in Chapter 2 (hereinafter referred to as "Other Forces") shall be in<br />

accordance with this Article. Upon EIF, all Other Forces in Kosovo must immediately<br />

observe the provisions of Article I, paragraph 2, Article II, paragraph 1, and Article III<br />

and in addition refrain from all hostile intent, military training and formations,<br />

organization of demonstrations, and any movement in either direction or smuggling<br />

across international borders or the boundary between Kosovo and other parts of the FRY.<br />

Furthermore, upon EIF, all Other Forces in Kosovo must publicly commit themselves to<br />

demilitarize on terms to be determined by COMKFOR, renounce violence, guarantee


Boshkovich 165<br />

security of international personnel, and respect the international borders of the FRY and<br />

all terms of this Chapter.<br />

2. Except as approved by COMKFOR, from K-Day, all Other Forces in Kosovo must not<br />

carry weapons:<br />

a. within 1 kilometer of VJ and MUP cantonments listed at Appendix A;<br />

b. within 1 kilometer of the main roads as follows:<br />

1) Pec - Lapusnik - Pristina<br />

2) border - Djakovica - Klina<br />

3) border - Prizren - Suva Rika - Pristina<br />

4) Djakovica - Orahovac - Lapusnik - Pristina<br />

5) Pec - Djakovica - Prizren - Urosevac - border<br />

6) border - Urosevac - Pristina - Podujevo - border<br />

7) Pristina - Kosovska Mitrovica - border<br />

8) Kosovka Mitrovica - (Rakos) - Pec<br />

9) Pec - Border with Montenegro (through Pozaj)<br />

10) Pristina - Lisica - border with Serbia<br />

11) Pristina - Gnjilane - Urosevac<br />

12) Gnjilane - Veliki Trnovac - border with Serbia;<br />

13) Prizren - Doganovic<br />

c. within 1 kilometer of the Border Zone;<br />

d. in any other areas designated by COMKFOR.<br />

3. By K-Day + 5 days, all Other Forces must abandon and close all fighting positions,<br />

entrenchments, and checkpoints.<br />

4. By K-Day + 5 days, all Other Forces' commanders designated by COMKFOR shall<br />

report completion of the above requirements in the format at Article VII to COMKFOR<br />

and continue to provide weekly detailed status reports until demilitarization is complete.<br />

5. COMKFOR will establish procedures for demilitarization and monitoring of Other<br />

Forces in Kosovo and for the further regulation of their activities. These procedures will<br />

be established to facilitate a phased demilitarization program as follows:<br />

a. By K-Day + 5 days, all Other Forces shall establish secure weapons storage sites,<br />

which shall be registered with and verified by the KFOR;<br />

b. By K-Day + 30 days, all Other Forces shall store all prohibited weapons (any weapon<br />

12.7mm or larger, any anti-tank or anti-aircraft weapons, grenades, mines or explosives)<br />

and automatic weapons in the registered weapons storage sites. Other Forces<br />

commanders shall confirm completion of weapons storage to COMKFOR no later than<br />

K-Day + 30 days;


Boshkovich 166<br />

c. By K-Day + 30 days, all Other Forces shall cease wearing military uniforms and<br />

insignia, and cease carrying prohibited weapons and automatic weapons;<br />

d. By K-Day + 90 days, authority for storage sites shall pass to the KFOR. After this date,<br />

it shall be illegal for Other Forces to possess prohibited weapons and automatic weapons,<br />

and such weapons shall be subject to confiscation by the KFOR;<br />

e. By K-Day + 120 days, demilitarization of all Other Forces shall be completed.<br />

6. By EIF + 30 days, subject to arrangements by COMKFOR if necessary, all Other<br />

Forces personnel who are not of local origin, whether or not they are legally within<br />

Kosovo, including individual advisors, freedom fighters, trainers, volunteers, and<br />

personnel from neighboring and other States, shall be withdrawn from Kosovo.<br />

ARTICLE VI: MUP<br />

1. Ministry of Interior Police (MUP) is defined as all police and public security units and<br />

personnel under the control of Federal or Republic authorities except for the border<br />

police referred to in Chapter 2 and police academy students and personnel at the training<br />

school in Vucitrn referred to in Chapter 2. The CIM, in consultation with COMKFOR,<br />

shall have the discretion to exempt any public security units from this definition if he<br />

determines that it is in the public interest (e.g. firefighters).<br />

a. By K-Day + 5 days, all MUP units in Kosovo (with the exception of the border police<br />

referred to in Chapter 2) shall have completed redeployment to the approved cantonment<br />

sites listed at Appendix A to this Chapter or to garrisons outside Kosovo. The senior<br />

MUP commander in Kosovo or his representative shall confirm in writing by K-Day + 5<br />

days to COMKFOR and the CIM that the MUP is in compliance and update the<br />

information required in Article VII to take account of withdrawals or other changes made<br />

during the redeployment. This information shall be updated weekly. Resumption of<br />

normal communal police patrolling will be permitted under the supervision and control of<br />

the IM and as specifically approved by the CIM in consultation with COMKFOR, and<br />

will be contingent on compliance with the terms of this Agreement.<br />

b. Immediately upon EIF, the following withdrawals shall begin:<br />

1) By K-Day + 5 days, those MUP units not assigned to Kosovo prior to 1 February 1998<br />

shall withdraw all personnel and equipment from Kosovo to other locations in Serbia.<br />

2) By K-Day + 20 days, all Special Police, including PJP, SAJ, and JSO forces, and their<br />

equipment shall be withdrawn from their cantonment sites out of Kosovo to other<br />

locations in Serbia. Additionally, all MUP offensive assets (designated as armored<br />

vehicles mounting weapons 12.7mm or larger, and all heavy weapons {vehicle mounted<br />

or not} of over 82mm) shall be withdrawn.


Boshkovich 167<br />

c. By K-Day + 30 days, the senior MUP commander shall provide for approval by<br />

COMKFOR, in consultation with the CIM, a detailed plan for the phased drawdown of<br />

the remainder of MUP forces. In the event that COMKFOR, in consultation with the<br />

CIM, does not approve the plan, he has the authority to issue his own binding plan for<br />

further MUP drawdowns. The CIM will decide at the same time when the remaining<br />

MUP units will wear new insignia. In any case, the following time-table must be met:<br />

1) by K-Day + 60 days, 50% drawdown of the remaining MUP units including reservists.<br />

The CIM after consultations with COMKFOR shall have the discretion to extend this<br />

deadline for up to K-Day + 90 days if he judges there to be a risk of a law enforcement<br />

vacuum;<br />

2) by K-Day + 120 days, further drawdown to 2500 MUP. The CIM after consultations<br />

with COMKFOR shall have the discretion to extend this deadline for up to K-Day + 180<br />

days to meet operational needs;<br />

3) transition to communal police force shall begin as Kosovar police are trained and able<br />

to assume their duties. The CIM shall organize this transition between MUP and<br />

communal police;<br />

4) in any event, by EIF + one year, all Ministry of Interior Civil Police shall be drawn<br />

down to zero. The CIM shall have the discretion to extend this deadline for up to an<br />

additional 12 months to meet operational needs.<br />

d. The 2500 MUP allowed by this Chapter and referred to in Article V.1(a) of Chapter 2<br />

shall have authority only for civil police functions and be under the supervision and<br />

control of the CIM.<br />

Article VII: Notifications<br />

1. By K-Day + 5 days, the Parties shall furnish the following specific information<br />

regarding the status of all conventional military; all police, including military police,<br />

Department of Public Security Police, special police; paramilitary; and all Other Forces<br />

in Kosovo, and shall update the COMKFOR weekly on changes in this information:<br />

a. location, disposition, and strengths of all military and special police units referred to<br />

above;<br />

b. quantity and type of weaponry of 12.7 mm and above, and ammunition for such<br />

weaponry, including location of cantonments and supply depots and storage sites;<br />

c. positions and descriptions of any surface-to-air missiles/launchers, including mobile<br />

systems, anti-aircraft artillery, supporting radars, and associated command and control<br />

systems;


Boshkovich 168<br />

d. positions and descriptions of all mines, unexploded ordnance, explosive devices,<br />

demolitions, obstacles, booby traps, wire entanglements, physical or military hazards to<br />

the safe movement of any personnel in Kosovo, weapons systems, vehicles, or any other<br />

military equipment; and<br />

e. any further information of a military or security nature requested by the COMKFOR.<br />

Article VIII: Operations and Authority of the KFOR<br />

1. Consistent with the general obligations of Article I, the Parties understand and agree<br />

that the KFOR will deploy and operate without hindrance and with the authority to take<br />

all necessary action to help ensure compliance with this Chapter.<br />

2. The Parties understand and agree that the KFOR shall have the right:<br />

a. to monitor and help ensure compliance by all Parties with this Chapter and to respond<br />

promptly to any violations and restore compliance, using military force if required. This<br />

includes necessary action to:<br />

1) enforce VJ and MUP reductions; 2) enforce demilitarization of Other Forces; 3)<br />

enforce restrictions on all VJ, MUP and Other Forces' activities, movement and training<br />

in Kosovo;<br />

b. to establish liaison arrangements with IM, and support IM as appropriate;<br />

c. to establish liaison arrangements with local Kosovo authorities, with Other Forces, and<br />

with FRY and Serbian civil and military authorities;<br />

d. to observe, monitor, and inspect any and all facilities or activities in Kosovo, including<br />

within the Border Zone, that the COMKFOR believes has or may have military<br />

capability, or are or may be associated with the employment of military or police<br />

capabilities, or are otherwise relevant to compliance with this Chapter;<br />

e. to require the Parties to mark and clear minefields and obstacles and to monitor their<br />

performance;<br />

f. to require the Parties to participate in the Joint Military Commission and its subordinate<br />

military commissions as described in Article XI.<br />

3. The Parties understand and agree that the KFOR shall have the right to fulfill its<br />

supporting tasks, within the limits of its assigned principal tasks, its capabilities, and<br />

available resources, and as directed by the NAC, which include the following:<br />

a. to help create secure conditions for the conduct by others of other tasks associated with<br />

this Agreement, including free and fair elections;


Boshkovich 169<br />

b. to assist the movement of organizations in the accomplishment of humanitarian<br />

missions;<br />

c. to assist international agencies in fulfilling their responsibilities in Kosovo;<br />

d. to observe and prevent interference with the movement of civilian populations,<br />

refugees, and displaced persons, and to respond appropriately to deliberate threat to life<br />

and person.<br />

4. The Parties understand and agree that further directives from the NAC may establish<br />

additional duties and responsibilities for the KFOR in implementing this Chapter.<br />

5. KFOR operations shall be governed by the following provisions:<br />

a. KFOR and its personnel shall have the legal status, rights, and obligations specified in<br />

Appendix B to this Chapter;<br />

b. The KFOR shall have the right to use all necessary means to ensure its full ability to<br />

communicate and shall have the right to the unrestricted use of the entire electromagnetic<br />

spectrum. In implementing this right, the KFOR shall make reasonable efforts to<br />

coordinate with the appropriate authorities of the Parties;<br />

c. The KFOR shall have the right to control and regulate surface traffic throughout<br />

Kosovo including the movement of the Forces of the Parties. All military training<br />

activities and movements in Kosovo must be authorized in advance by COMKFOR;<br />

d. The KFOR shall have complete and unimpeded freedom of movement by ground, air,<br />

and water into and throughout Kosovo. It shall in Kosovo have the right to bivouac,<br />

maneuver, billet, and utilize any areas or facilities to carry out its responsibilities as<br />

required for its support, training, and operations, with such advance notice as may be<br />

practicable. Neither the KFOR nor any of its personnel shall be liable for any damages to<br />

public or private property that they may cause in the course of duties related to the<br />

implementation of this Chapter. Roadblocks, checkpoints, or other impediments to KFOR<br />

freedom of movement shall constitute a breach of this Chapter and the violating Party<br />

shall be subject to military action by the KFOR, including the use of necessary force to<br />

ensure compliance with this Chapter.<br />

6. The Parties understand and agree that COMKFOR shall have the authority, without<br />

interference or permission of any Party, to do all that he judges necessary and proper,<br />

including the use of military force, to protect the KFOR and the IM, and to carry out the<br />

responsibilities listed in this Chapter. The Parties shall comply in all respects with KFOR<br />

instructions and requirements.<br />

7. Notwithstanding any other provision of this Chapter, the Parties understand and agree<br />

that COMKFOR has the right and is authorized to compel the removal, withdrawal, or<br />

relocation of specific Forces and weapons, and to order the cessation of any activities


Boshkovich 170<br />

whenever the COMKFOR determines such Forces, weapons, or activities to constitute a<br />

threat or potential threat to either the KFOR or its mission, or to another Party. Forces<br />

failing to redeploy, withdraw, relocate, or to cease threatening or potentially threatening<br />

activities following such a demand by the KFOR shall be subject to military action by the<br />

KFOR, including the use of necessary force, to ensure compliance, consistent with the<br />

terms set forth in Article I, paragraph 3.<br />

Article IX: Border Control<br />

The Parties understand and agree that, until other arrangements are established, and<br />

subject to provisions of this Chapter and Chapter 2, controls along the international<br />

border of the FRY that is also the border of Kosovo will be maintained by the existing<br />

institutions normally assigned to such tasks, subject to supervision by the KFOR and the<br />

IM, which shall have the right to review and approve all personnel and units, to monitor<br />

their performance, and to remove and replace any personnel for behavior inconsistent<br />

with this Chapter.<br />

Article X: Control of Air Movements<br />

The appropriate NATO commander shall have sole authority to establish rules and<br />

procedures governing command and control of the airspace over Kosovo as well as<br />

within a 25 kilometer Mutual Safety Zone (MSZ). This MSZ shall consist of FRY<br />

airspace within 25 kilometers outward from the boundary of Kosovo with other parts of<br />

the FRY. This Chapter supersedes the NATO Kosovo Verification Mission Agreement of<br />

October 12, 1998 on any matter or area in which they may contradict each other. No<br />

military air traffic, fixed or rotary wing, of any Party shall be permitted to fly over<br />

Kosovo or in the MSZ without the prior express approval of the appropriate NATO<br />

commander. Violations of any of the provisions above, including the appropriate NATO<br />

commander's rules and procedures governing the airspace over Kosovo, as well as<br />

unauthorized flight or activation of FRY Integrated Air Defense (IADS) within the MSZ,<br />

shall be subject to military action by the KFOR, including the use of necessary force. The<br />

KFOR shall have a liaison team at the FRY Air Force HQ and a YAADF liaison shall be<br />

established with the KFOR. The Parties understand and agree that the appropriate NATO<br />

commander may delegate control of normal civilian air activities to appropriate FRY<br />

institutions to monitor operations, deconflict KFOR air traffic movements, and ensure<br />

smooth and safe operation of the air traffic system.<br />

Article XI: Establishment of a Joint Military Commission<br />

1. A Joint Military Commission (JMC) shall be established with the deployment of the<br />

KFOR to Kosovo.<br />

2. The JMC shall be chaired by COMKFOR or his representative and consist of the<br />

following members:


a. the senior Yugoslav military commander of the Forces of the FRY or his<br />

representative;<br />

Boshkovich 171<br />

b. the Ministers of Interior of the FRY and Republic of Serbia or their representatives;<br />

c. a senior military representative of all Other Forces;<br />

d. a representative of the IM;<br />

e. other persons as COMKFOR shall determine, including one or more representatives of<br />

the Kosovo civilian leadership.<br />

1. The JMC shall:<br />

a. serve as the central body for all Parties to address any military complaints, questions,<br />

or problems that require resolution by the COMKFOR, such as allegations of cease-fire<br />

violations or other allegations of non-compliance with this Chapter;<br />

b. receive reports and make recommendations for specific actions to COMKFOR to<br />

ensure compliance by the Parties with the provisions of this Chapter;<br />

c. assist COMKFOR in determining and implementing local transparency measures<br />

between the Parties.<br />

4. The JMC shall not include any persons publicly indicted by the International Criminal<br />

Tribunal for the Former Yugoslavia.<br />

5. The JMC shall function as a consultative body to advise COMKFOR. However, all<br />

final decisions shall be made by COMKFOR and shall be binding on the Parties.<br />

6. The JMC shall meet at the call of COMKFOR. Any Party may request COMKFOR to<br />

convene a meeting.<br />

7. The JMC shall establish subordinate military commissions for the purpose of providing<br />

assistance in carrying out the functions described above. Such commissions shall be at an<br />

appropriate level, as COMKFOR shall direct. Composition of such commissions shall be<br />

determined by COMKFOR.<br />

Article XII: Prisoner Release<br />

1. By EIF + 21 days, the Parties shall release and transfer, in accordance with<br />

international humanitarian standards, all persons held in connection with the conflict<br />

(hereinafter "prisoners"). In addition, the Parties shall cooperate fully with the<br />

International Committee of the Red Cross (ICRC) to facilitate its work, in accordance<br />

with its mandate, to implement and monitor a plan for the release and transfer of


Boshkovich 172<br />

prisoners in accordance with the above deadline. In preparation for compliance with this<br />

requirement, the Parties shall:<br />

a. grant the ICRC full access to all persons, irrespective of their status, who are being<br />

held by them in connection with the conflict, for visits in accordance with the ICRC's<br />

standard operating procedures;<br />

b. provide to the ICRC any and all information concerning prisoners, as requested by the<br />

ICRC, by EIF + 14 days.<br />

2. The Parties shall provide information, through the tracing mechanisms of the ICRC, to<br />

the families of all persons who are unaccounted for. The Parties shall cooperate fully with<br />

the ICRC in its efforts to determine the identity, whereabouts, and fate of those<br />

unaccounted for.<br />

Article XIII: Cooperation<br />

The Parties shall cooperate fully with all entities involved in implementation of this<br />

settlement, as described in the Framework Agreement, or which are otherwise authorized<br />

by the United Nations Security Council, including the International Criminal Tribunal for<br />

the former Yugoslavia.<br />

Article XIV: Notification to Military Commands<br />

Each Party shall ensure that the terms of this Chapter and written orders requiring<br />

compliance are immediately communicated to all of its Forces.<br />

Article XV: Final Authority to Interpret<br />

1. Subject to paragraph 2, the KFOR Commander is the final authority in theater<br />

regarding interpretation of this Chapter and his determinations are binding on all Parties<br />

and persons.<br />

2. The CIM is the final authority in theater regarding interpretation of the references in<br />

this Chapter to his functions (directing the VJ Border Guards under Article II, paragraph<br />

3; his functions concerning the MUP under Article VI) and his determinations are<br />

binding on all Parties and persons.<br />

Article XVI: K-Day<br />

The date of activation of KFOR -- to be known as K-Day -- shall be determined by<br />

NATO.<br />

Appendices:<br />

A. Approved VJ/MUP Cantonment Sites<br />

B. Status of Multi-National Military Implementation Force


Appendix A: Approved VJ/MUP Cantonment Sites<br />

Boshkovich 173<br />

1. There are 13 approved cantonment sites in Kosovo for all VJ units, weapons,<br />

equipment, and ammunition. Movement to cantonment sites, and subsequent withdrawal<br />

from Kosovo, will occur in accordance with this Chapter. As the phased withdrawal of<br />

VJ units progresses along the timeline as specified in this Chapter, COMKFOR will close<br />

selected cantonment sites.<br />

2. Initial approved VJ cantonment sites:<br />

a) Pristina SW 423913N0210819E<br />

b) Pristina Airfield 423412N0210040E<br />

c) Vuctrin North 424936N0205755E<br />

d) Kosovska Mitrovica 425315N0205227E<br />

e) Gnjilane NE 422807N0212845E<br />

f) Urosevac 422233N0210753E<br />

g) Prizren 421315N0204504E<br />

h) Djakovica SW 422212N0202530E<br />

i) Pec 423910N0201728E<br />

j) Pristina Explosive Storage Fac 423636N0211225E<br />

k) Pristina Ammo Depot SW 423518N0205923E<br />

l) Pristina Ammo Depot 510 424211N0211056E<br />

m) Pristina Headquarters facility 423938N0210934E<br />

3. Within each cantonment site, VJ units are required to canton all heavy weapons and<br />

vehicles outside of storage facilities.<br />

4. After EIF + 180 days, the remaining 2500 VJ forces dedicated to border security<br />

functions provided for in this Agreement will be garrisoned and cantoned at the following<br />

locations: Djakovica, Prizren, and Ursoevac; subordinate border posts within the Border<br />

Zone; a limited number of existing facilities in the immediate proximity of the Border<br />

Zone subject to the prior approval of COMKFOR; and headquarters/C2 and logistic<br />

support facilities in Pristina.<br />

5. There are 37 approved cantonment sites for all MUP and Special Police force units in<br />

Kosovo. There are seven (7) approved regional SUPs. Each of the 37 approved<br />

cantonment sites will fall under the administrative control of one of the regional SUPs.<br />

Movement to cantonment sites, and subsequent withdrawal of MUP from Kosovo, will<br />

occur in accordance with this Chapter.<br />

6. Approved MUP regional SUPs and cantonment sites:<br />

a) Kosovska Mitrovica SUP 425300N0205200E<br />

1) Kosovska Mitrovica (2 locations)<br />

2) Leposavic<br />

3) Srbica<br />

4) Vucitrn<br />

5) Zubin Potok


) Pristina SUP 424000N0211000E<br />

1) Pristina (6 locations)<br />

2) Glogovac<br />

3) Kosovo Polje<br />

4) Lipjan<br />

5) Obilic<br />

6) Podujevo<br />

c) Pec SUP 423900N0201800E<br />

1) Pec (2 locations)<br />

2) Klina<br />

3) Istok<br />

4) Malisevo<br />

d) Djakovica SUP 422300N0202600E<br />

1) Djakovica (2 locations)<br />

2) Decani<br />

e) Urosevac SUP 422200N0211000E<br />

1) Urosevac (2 locations)<br />

2) Stimlje<br />

3) Strpce<br />

4) Kacanik<br />

f) Gnjilane SUP 422800N0212900E<br />

1) Gnjilane (2 locations)<br />

2) Kamenica<br />

3) Vitina<br />

4) Kosovska<br />

5) Novo Brdo<br />

g) Prizren SUP 421300N0204500E<br />

1) Prizren (2 locations)<br />

2) Orahovac<br />

3) Suva Reka<br />

4) Gora<br />

Boshkovich 174<br />

7. Within each cantonment site, MUP units are required to canton all vehicles above 6<br />

tons, including APCs and BOVs, and all heavy weapons outside of storage facilities.<br />

8. KFOR will have the exclusive right to inspect any cantonment site or any other<br />

location, at any time, without interference from any Party.<br />

Appendix B: Status of Multi-National Military Implementation Force<br />

1. For the purposes of this Appendix, the following expressions shall have the meanings<br />

hereunder assigned to them:<br />

a. "NATO" means the North Atlantic Treaty Organization (NATO), its subsidiary bodies,<br />

its military Headquarters, the NATO-led KFOR, and any elements/units forming any part<br />

of KFOR or supporting KFOR, whether or not they are from a NATO member country


Boshkovich 175<br />

and whether or not they are under NATO or national command and control, when acting<br />

in furtherance of this Agreement.<br />

b. "Authorities in the FRY" means appropriate authorities, whether Federal, Republic,<br />

Kosovo or other.<br />

c. "NATO personnel" means the military, civilian, and contractor personnel assigned or<br />

attached to or employed by NATO, including the military, civilian, and contractor<br />

personnel from non-NATO states participating in the Operation, with the exception of<br />

personnel locally hired.<br />

d. "the Operation" means the support, implementation, preparation, and participation by<br />

NATO and NATO personnel in furtherance of this Chapter.<br />

e. "Military Headquarters" means any entity, whatever its denomination, consisting of or<br />

constituted in part by NATO military personnel established in order to fulfill the<br />

Operation.<br />

f. "Authorities" means the appropriate responsible individual, agency, or organization of<br />

the Parties.<br />

g. "Contractor personnel" means the technical experts or functional specialists whose<br />

services are required by NATO and who are in the territory of the FRY exclusively to<br />

serve NATO either in an advisory capacity in technical matters, or for the setting up,<br />

operation, or maintenance of equipment, unless they are:<br />

(1) nationals of the FRY; or<br />

(2) persons ordinarily resident in the FRY.<br />

h. "Official use" means any use of goods purchased, or of the services received and<br />

intended for the performance of any function as required by the operation of the<br />

Headquarters.<br />

i. "Facilities" means all buildings, structures, premises, and land required for conducting<br />

the operational, training, and administrative activities by NATO for the Operation as well<br />

as for accommodation of NATO personnel.<br />

2. Without prejudice to their privileges and immunities under this Appendix, all NATO<br />

personnel shall respect the laws applicable in the FRY, whether Federal, Republic,<br />

Kosovo, or other, insofar as compliance with those laws is compatible with the entrusted<br />

tasks/mandate and shall refrain from activities not compatible with the nature of the<br />

Operation.<br />

3. The Parties recognize the need for expeditious departure and entry procedures for<br />

NATO personnel. Such personnel shall be exempt from passport and visa regulations and


Boshkovich 176<br />

the registration requirements applicable to aliens. At all entry and exit points to/from the<br />

FRY, NATO personnel shall be permitted to enter/exit the FRY on production of a<br />

national identification (ID) card. NATO personnel shall carry identification which they<br />

may be requested to produce for the authorities in the FRY, but operations, training, and<br />

movement shall not be allowed to be impeded or delayed by such requests.<br />

4. NATO military personnel shall normally wear uniforms, and NATO personnel may<br />

possess and carry arms if authorized to do so by their orders. The Parties shall accept as<br />

valid, without tax or fee, drivers' licenses and permits issued to NATO personnel by their<br />

respective national authorities.<br />

5. NATO shall be permitted to display the NATO flag and/or national flags of its<br />

constituent national elements/units on any NATO uniform, means of transport, or facility.<br />

6. a. NATO shall be immune from all legal process, whether civil, administrative, or<br />

criminal.<br />

b. NATO personnel, under all circumstances and at all times, shall be immune from the<br />

Parties' jurisdiction in respect of any civil, administrative, criminal, or disciplinary<br />

offenses which may be committed by them in the FRY. The Parties shall assist States<br />

participating in the Operation in the exercise of their jurisdiction over their own nationals.<br />

c. Notwithstanding the above, and with the NATO Commander's express agreement in<br />

each case, the authorities in the FRY may exceptionally exercise jurisdiction in such<br />

matters, but only in respect of Contractor personnel who are not subject to the jurisdiction<br />

of their nation of citizenship.<br />

7. NATO personnel shall be immune from any form of arrest, investigation, or detention<br />

by the authorities in the FRY. NATO personnel erroneously arrested or detained shall<br />

immediately be turned over to NATO authorities.<br />

8. NATO personnel shall enjoy, together with their vehicles, vessels, aircraft, and<br />

equipment, free and unrestricted passage and unimpeded access throughout the FRY<br />

including associated airspace and territorial waters. This shall include, but not be limited<br />

to, the right of bivouac, maneuver, billet, and utilization of any areas or facilities as<br />

required for support, training, and operations.<br />

9. NATO shall be exempt from duties, taxes, and other charges and inspections and<br />

custom regulations including providing inventories or other routine customs<br />

documentation, for personnel, vehicles, vessels, aircraft, equipment, supplies, and<br />

provisions entering, exiting, or transiting the territory of the FRY in support of the<br />

Operation.<br />

10. The authorities in the FRY shall facilitate, on a priority basis and with all appropriate<br />

means, all movement of personnel, vehicles, vessels, aircraft, equipment, or supplies,<br />

through or in the airspace, ports, airports, or roads used. No charges may be assessed


Boshkovich 177<br />

against NATO for air navigation, landing, or takeoff of aircraft, whether governmentowned<br />

or chartered. Similarly, no duties, dues, tolls or charges may be assessed against<br />

NATO ships, whether government-owned or chartered, for the mere entry and exit of<br />

ports. Vehicles, vessels, and aircraft used in support of the Operation shall not be subject<br />

to licensing or registration requirements, nor commercial insurance.<br />

11. NATO is granted the use of airports, roads, rails, and ports without payment of fees,<br />

duties, dues, tolls, or charges occasioned by mere use. NATO shall not, however, claim<br />

exemption from reasonable charges for specific services requested and received, but<br />

operations/movement and access shall not be allowed to be impeded pending payment for<br />

such services.<br />

12. NATO personnel shall be exempt from taxation by the Parties on the salaries and<br />

emoluments received from NATO and on any income received from outside the FRY.<br />

13. NATO personnel and their tangible moveable property imported into, acquired in, or<br />

exported from the FRY shall be exempt from all duties, taxes, and other charges and<br />

inspections and custom regulations.<br />

14. NATO shall be allowed to import and to export, free of duty, taxes and other charges,<br />

such equipment, provisions, and supplies as NATO shall require for the Operation,<br />

provided such goods are for the official use of NATO or for sale to NATO personnel.<br />

Goods sold shall be solely for the use of NATO personnel and not transferable to<br />

unauthorized persons.<br />

15. The Parties recognize that the use of communications channels is necessary for the<br />

Operation. NATO shall be allowed to operate its own internal mail services. The Parties<br />

shall, upon simple request, grant all telecommunications services, including broadcast<br />

services, needed for the Operation, as determined by NATO. This shall include the right<br />

to utilize such means and services as required to assure full ability to communicate, and<br />

the right to use all of the electro-magnetic spectrum for this purpose, free of cost. In<br />

implementing this right, NATO shall make every reasonable effort to coordinate with and<br />

take into account the needs and requirements of appropriate authorities in the FRY.<br />

16. The Parties shall provide, free of cost, such public facilities as NATO shall require to<br />

prepare for and execute the Operation. The Parties shall assist NATO in obtaining, at the<br />

lowest rate, the necessary utilities, such as electricity, water, gas and other resources, as<br />

NATO shall require for the Operation.<br />

17. NATO and NATO personnel shall be immune from claims of any sort which arise out<br />

of activities in pursuance of the Operation; however, NATO will entertain claims on an<br />

ex gratia basis.<br />

18. NATO shall be allowed to contract directly for the acquisition of goods, services, and<br />

construction from any source within and outside the FRY. Such contracts, goods,


Boshkovich 178<br />

services, and construction shall not be subject to the payment of duties, taxes, or other<br />

charges. NATO may also carry out construction works with their own personnel.<br />

19. Commercial undertakings operating in the FRY only in the service of NATO shall be<br />

exempt from local laws and regulations with respect to the terms and conditions of their<br />

employment and licensing and registration of employees, businesses, and corporations.<br />

20. NATO may hire local personnel who on an individual basis shall remain subject to<br />

local laws and regulations with the exception of labor/employment laws. However, local<br />

personnel hired by NATO shall:<br />

a. be immune from legal process in respect of words<br />

spoken or written and all acts performed by them in<br />

their official capacity;<br />

b. be immune from national services and/or national<br />

military service obligations;<br />

c. be subject only to employment terms and<br />

conditions established by NATO; and<br />

d. be exempt from taxation on the salaries and<br />

emoluments paid to them by NATO.<br />

21. In carrying out its authorities under this Chapter, NATO is authorized to detain<br />

individuals and, as quickly as possible, turn them over to appropriate officials.<br />

22. NATO may, in the conduct of the Operation, have need to make improvements or<br />

modifications to certain infrastructure in the FRY, such as roads, bridges, tunnels,<br />

buildings, and utility systems. Any such improvements or modifications of a nontemporary<br />

nature shall become part of and in the same ownership as that infrastructure.<br />

Temporary improvements or modifications may be removed at the discretion of the<br />

NATO Commander, and the infrastructure returned to as near its original condition as<br />

possible, fair wear and tear excepted.<br />

23. Failing any prior settlement, disputes with the regard to the interpretation or<br />

application of this Appendix shall be settled between NATO and the appropriate<br />

authorities in the FRY.<br />

24. Supplementary arrangements with any of the Parties may be concluded to facilitate<br />

any details connected with the Operation.<br />

25. The provisions of this Appendix shall remain in force until completion of the<br />

Operation or as the Parties and NATO otherwise agree.


Chapter 8<br />

Amendment, Comprehensive Assessment, and Final Clauses<br />

Article I: Amendment and Comprehensive Assessment<br />

Boshkovich 179<br />

1. Amendments to this Agreement shall be adopted by agreement of all the Parties,<br />

except as otherwise provided by Article X of Chapter 1.<br />

2. Each Party may propose amendments at any time and will consider and consult with<br />

the other Parties with regard to proposed amendments.<br />

3. Three years after the entry into force of this Agreement, an international meeting shall<br />

be convened to determine a mechanism for a final settlement for Kosovo, on the basis of<br />

the will of the people, opinions of relevant authorities, each Party's efforts regarding the<br />

implementation of this Agreement, and the Helsinki Final Act, and to undertake a<br />

comprehensive assessment of the implementation of this Agreement and to consider<br />

proposals by any Party for additional measures.<br />

Article II: Final Clauses<br />

1. This Agreement is signed in the English language. After signature of this Agreement,<br />

translations will be made into Serbian, Albanian, and other languages of the national<br />

communities of Kosovo, and attached to the English text.<br />

2. This Agreement shall enter into force upon signature. 284<br />

284 http://www.state.gov/www/regions/eur/ksvo_rambouillet_text.html


IV Resolution 1244<br />

UNITED NATIONS S<br />

Security Council<br />

Distr.<br />

GENERAL<br />

S/RES/1244 (1999)<br />

10 June 1999<br />

RESOLUTION 1244 (1999)<br />

Adopted by the Security Council at its 4011th meeting,<br />

on 10 June 1999<br />

Boshkovich 180<br />

The Security Council,<br />

Bearing in mind the purposes and principles of the Charter of the<br />

United Nations, and the primary responsibility of the Security Council<br />

for the maintenance of international peace and security, Recalling its<br />

resolutions 1160 (1998) of 31 March 1998, 1199 (1998) of 23 September<br />

1998, 1203 (1998) of 24 October 1998 and 1239 (1999) of 14 May 1999,<br />

Regretting that there has not been full compliance with the<br />

requirements of these resolutions, Determined to resolve the grave<br />

humanitarian situation in Kosovo, Federal Republic of Yugoslavia, and<br />

to provide for the safe and free return of all refugees and displaced<br />

persons to their homes, Condemning all acts of violence against the<br />

Kosovo population as well as all terrorist acts by any party,<br />

Recalling the statement made by the Secretary-General on 9 April 1999,<br />

expressing concern at the humanitarian tragedy taking place in Kosovo,<br />

Reaffirming the right of all refugees and displaced persons to return<br />

to their homes in safety, Recalling the jurisdiction and the mandate of<br />

the International Tribunal for the Former Yugoslavia, Welcoming the<br />

general principles on a political solution to the Kosovo crisis adopted<br />

on 6 May 1999 (S/1999/516, annex 1 to this resolution) and welcoming<br />

also the acceptance by the Federal Republic of Yugoslavia of the<br />

principles set forth in points 1 to 9 of the paper presented in<br />

Belgrade on<br />

99-17289 (E) /...<br />

S/RES/1244 (1999)<br />

Page 2<br />

2 June 1999 (S/1999/649, annex 2 to this resolution), and the Federal<br />

Republic of Yugoslavia’s agreement to that paper, Reaffirming the<br />

commitment of all Member States to the sovereignty and territorial<br />

integrity of the Federal Republic of Yugoslavia and the other States<br />

of the region, as set out in the Helsinki Final Act and annex 2,<br />

Reaffirming the call in previous resolutions for substantial autonomy<br />

and meaningful self-administration for Kosovo, Determining that the<br />

situation in the region continues to constitute a threat to<br />

international peace and security, Determined to ensure the safety and<br />

security of international personnel and the implementation by all<br />

concerned of their responsibilities under the present resolution, and


Boshkovich 181<br />

acting for these purposes under Chapter VII of the Charter of the<br />

United Nations,<br />

1. Decides that a political solution to the Kosovo crisis shall be<br />

based on the general principles in annex 1 and as further elaborated in<br />

the principles and other required elements in annex 2;<br />

2. Welcomes the acceptance by the Federal Republic of Yugoslavia of the<br />

principles and other required elements referred to in paragraph 1<br />

above, and demands the full cooperation of the Federal Republic of<br />

Yugoslavia in their rapid implementation;<br />

3. Demands in particular that the Federal Republic of Yugoslavia put an<br />

immediate and verifiable end to violence and repression in Kosovo, and<br />

begin and complete verifiable phased withdrawal from Kosovo of all<br />

military, police and paramilitary forces according to a rapid<br />

timetable, with which the deployment of<br />

the international security presence in Kosovo will be synchronized;<br />

4. Confirms that after the withdrawal an agreed number of Yugoslav and<br />

Serb military and police personnel will be permitted to return to<br />

Kosovo to perform the functions in accordance with annex 2;<br />

5. Decides on the deployment in Kosovo, under United Nations auspices,<br />

of international civil and security presences, with appropriate<br />

equipment and personnel as required, and welcomes the agreement of the<br />

Federal Republic of Yugoslavia to such presences;<br />

6. Requests the Secretary-General to appoint, in consultation with the<br />

Security Council, a Special Representative to control the<br />

implementation of the international civil presence, and further<br />

requests the Secretary-General to instruct his Special Representative<br />

to coordinate closely with the international security presence to<br />

ensure that both presences operate towards the same goals and in a<br />

mutually supportive manner;<br />

7. Authorizes Member States and relevant international organizations to<br />

establish the international security presence in Kosovo as set out in<br />

point 4 of annex 2 with all necessary means to fulfil its<br />

responsibilities under<br />

paragraph 9 below;<br />

/...<br />

S/RES/1244 (1999)<br />

Page 3<br />

8. Affirms the need for the rapid early deployment of effective<br />

international civil and security presences to Kosovo, and demands that<br />

the parties cooperate fully in their deployment;<br />

9. Decides that the responsibilities of the international security<br />

presence to be deployed and acting in Kosovo will include:<br />

(a) Deterring renewed hostilities, maintaining and where necessary<br />

enforcing a ceasefire, and ensuring the withdrawal and preventing the<br />

return into Kosovo of Federal and Republic military, police and<br />

paramilitary forces, except as provided in point 6 of annex 2;<br />

(b) Demilitarizing the Kosovo Liberation Army (KLA) and other armed<br />

Kosovo Albanian groups as required in paragraph 15 below;<br />

(c) Establishing a secure environment in which refugees and displaced<br />

persons can return home in safety, the international civil presence can<br />

operate,<br />

a transitional administration can be established, and humanitarian aid<br />

can be delivered;<br />

(d) Ensuring public safety and order until the international civil


Boshkovich 182<br />

presence can take responsibility for this task;<br />

(e) Supervising demining until the international civil presence can, as<br />

appropriate, take over responsibility for this task;<br />

(f) Supporting, as appropriate, and coordinating closely with the work<br />

of the international civil presence;<br />

(g) Conducting border monitoring duties as required;<br />

(h) Ensuring the protection and freedom of movement of itself, the<br />

international civil presence, and other international organizations;<br />

10. Authorizes the Secretary-General, with the assistance of relevant<br />

international organizations, to establish an international civil<br />

presence in Kosovo in order to provide an interim administration for<br />

Kosovo under which the people of Kosovo can enjoy substantial autonomy<br />

within the Federal Republic of Yugoslavia, and which will provide<br />

transitional administration while establishing and overseeing the<br />

development of provisional democratic selfgoverning institutions to<br />

ensure conditions for a peaceful and normal life for all inhabitants of<br />

Kosovo;<br />

11. Decides that the main responsibilities of the international civil<br />

presence will include:<br />

(a) Promoting the establishment, pending a final settlement, of<br />

substantial autonomy and self-government in Kosovo, taking full account<br />

of annex 2 and of the <strong>Rambouillet</strong> accords (S/1999/648);<br />

(b) Performing basic civilian administrative functions where and as<br />

long as required;<br />

/...<br />

S/RES/1244 (1999)<br />

Page 4<br />

(c) Organizing and overseeing the development of provisional<br />

institutions for democratic and autonomous self-government pending a<br />

political settlement, including the holding of elections;<br />

(d) Transferring, as these institutions are established, its<br />

administrative responsibilities while overseeing and supporting the<br />

consolidation of Kosovo’s local provisional institutions and other<br />

peacebuilding activities;<br />

(e) Facilitating a political process designed to determine Kosovo’s<br />

future status, taking into account the <strong>Rambouillet</strong> accords<br />

(S/1999/648);<br />

(f) In a final stage, overseeing the transfer of authority from<br />

Kosovo’s provisional institutions to institutions established under a<br />

political settlement;<br />

(g) Supporting the reconstruction of key infrastructure and other<br />

economic reconstruction;<br />

(h) Supporting, in coordination with international humanitarian<br />

organizations, humanitarian and disaster relief aid;<br />

(i) Maintaining civil law and order, including establishing local<br />

police forces and meanwhile through the deployment of international<br />

police personnel to serve in Kosovo;<br />

(j) Protecting and promoting human rights;<br />

(k) Assuring the safe and unimpeded return of all refugees and<br />

displaced persons to their homes in Kosovo;<br />

12. Emphasizes the need for coordinated humanitarian relief operations,<br />

and for the Federal Republic of Yugoslavia to allow unimpeded access to<br />

Kosovo by humanitarian aid organizations and to cooperate with such


Boshkovich 183<br />

organizations so as to ensure the fast and effective delivery of<br />

international aid;<br />

13. Encourages all Member States and international organizations to<br />

contribute to economic and social reconstruction as well as to the safe<br />

return of refugees and displaced persons, and emphasizes in this<br />

context the importance of convening an international donors’<br />

conference, particularly for the purposes set out in paragraph 11 (g)<br />

above, at the earliest possible date;<br />

14. Demands full cooperation by all concerned, including the<br />

international security presence, with the International Tribunal for<br />

the Former Yugoslavia;<br />

15. Demands that the KLA and other armed Kosovo Albanian groups end<br />

immediately all offensive actions and comply with the requirements for<br />

demilitarization as laid down by the head of the international security<br />

presence in consultation with the Special Representative of the<br />

Secretary-General;<br />

16. Decides that the prohibitions imposed by paragraph 8 of resolution<br />

1160 (1998) shall not apply to arms and related matériel for the use of<br />

the international civil and security presences;<br />

/...<br />

S/RES/1244 (1999)<br />

Page 5<br />

17. Welcomes the work in hand in the European Union and other<br />

international organizations to develop a comprehensive approach to the<br />

economic development and stabilization of the region affected by the<br />

Kosovo crisis, including the implementation of a Stability Pact for<br />

South Eastern Europe with broad international participation in order to<br />

further the promotion of democracy, economic prosperity, stability and<br />

regional cooperation;<br />

18. Demands that all States in the region cooperate fully in the<br />

implementation of all aspects of this resolution;<br />

19. Decides that the international civil and security presences are<br />

established for an initial period of 12 months, to continue thereafter<br />

unless the Security Council decides otherwise;<br />

20. Requests the Secretary-General to report to the Council at regular<br />

intervals on the implementation of this resolution, including reports<br />

from the leaderships of the international civil and security presences,<br />

the first reports to be submitted within 30 days of the adoption of<br />

this resolution;<br />

21. Decides to remain actively seized of the matter.<br />

Annex 1<br />

Statement by the Chairman on the conclusion of the meeting<br />

of the G-8 Foreign Ministers held at the Petersberg Centre<br />

on 6 May 1999<br />

The G-8 Foreign Ministers adopted the following general principles on<br />

the political solution to the Kosovo crisis:<br />

- Immediate and verifiable end of violence and repression in Kosovo;<br />

- Withdrawal from Kosovo of military, police and paramilitary forces;<br />

- Deployment in Kosovo of effective international civil and security<br />

presences, endorsed and adopted by the United Nations, capable of<br />

guaranteeing the achievement of the common objectives;<br />

- Establishment of an interim administration for Kosovo to be decided<br />

by the Security Council of the United Nations to ensure conditions for<br />

a peaceful and normal life for all inhabitants in Kosovo;


Boshkovich 184<br />

- The safe and free return of all refugees and displaced persons and<br />

unimpeded access to Kosovo by humanitarian aid organizations;<br />

- A political process towards the establishment of an interim political<br />

framework agreement providing for a substantial self-government for<br />

Kosovo, taking full account of the <strong>Rambouillet</strong> accords and the<br />

principles of sovereignty and territorial integrity of the Federal<br />

Republic of Yugoslavia and the other countries of the region, and the<br />

demilitarization of the KLA;<br />

/...<br />

S/RES/1244 (1999)<br />

Page 6<br />

- Comprehensive approach to the economic development and stabilization<br />

of the crisis region.<br />

Annex 2<br />

Agreement should be reached on the following principles to move towards<br />

a resolution of the Kosovo crisis:<br />

1. An immediate and verifiable end of violence and repression in<br />

Kosovo.<br />

2. Verifiable withdrawal from Kosovo of all military, police and<br />

paramilitary forces according to a rapid timetable.<br />

3. Deployment in Kosovo under United Nations auspices of effective<br />

international civil and security presences, acting as may be decided<br />

under Chapter VII of the Charter, capable of guaranteeing the<br />

achievement of common objectives.<br />

4. The international security presence with substantial North Atlantic<br />

Treaty Organization participation must be deployed under unified<br />

command and control and authorized to establish a safe environment for<br />

all people in Kosovo and to facilitate the safe return to their homes<br />

of all displaced persons and refugees.<br />

5. Establishment of an interim administration for Kosovo as a part of<br />

the international civil presence under which the people of Kosovo can<br />

enjoy substantial autonomy within the Federal Republic of Yugoslavia,<br />

to be decided by the Security Council of the United Nations. The<br />

interim administration to provide transitional administration while<br />

establishing and overseeing the development of provisional democratic<br />

self-governing institutions to ensure conditions for a peaceful and<br />

normal life for all inhabitants in Kosovo.<br />

6. After withdrawal, an agreed number of Yugoslav and Serbian personnel<br />

will be permitted to return to perform the following functions:<br />

- Liaison with the international civil mission and the international<br />

security presence;<br />

- Marking/clearing minefields;<br />

- Maintaining a presence at Serb patrimonial sites;<br />

- Maintaining a presence at key border crossings.<br />

7. Safe and free return of all refugees and displaced persons under the<br />

supervision of the Office of the United Nations High Commissioner for<br />

Refugees and unimpeded access to Kosovo by humanitarian aid<br />

organizations.<br />

8. A political process towards the establishment of an interim<br />

political<br />

framework agreement providing for substantial self-government for<br />

Kosovo, taking full account of the <strong>Rambouillet</strong> accords and the<br />

principles of sovereignty and territorial integrity of the Federal<br />

Republic of Yugoslavia and the other


...<br />

S/RES/1244 (1999)<br />

Page 7<br />

Boshkovich 185<br />

countries of the region, and the demilitarization of UCK. Negotiations<br />

between the parties for a settlement should not delay or disrupt the<br />

establishment of democratic self-governing institutions.<br />

9. A comprehensive approach to the economic development and<br />

stabilization of the crisis region. This will include the<br />

implementation of a stability pact for South-Eastern Europe with broad<br />

international participation in order to further promotion of democracy,<br />

economic prosperity, stability and regional cooperation.<br />

10. Suspension of military activity will require acceptance of the<br />

principles set forth above in addition to agreement to other,<br />

previously identified, required elements, which are specified in the<br />

footnote below.1 A military-technical agreement will then be rapidly<br />

concluded that would, among other things, specify additional<br />

modalities, including the roles and functions of Yugoslav/Serb<br />

personnel in Kosovo:<br />

Withdrawal<br />

- Procedures for withdrawals, including the phased, detailed schedule<br />

and delineation of a buffer area in Serbia beyond which forces will be<br />

withdrawn;<br />

Returning personnel<br />

- Equipment associated with returning personnel;<br />

- Terms of reference for their functional responsibilities;<br />

- Timetable for their return;<br />

- Delineation of their geographical areas of operation;<br />

- Rules governing their relationship to the international security<br />

presence and the international civil mission.<br />

Notes<br />

1 Other required elements:<br />

- A rapid and precise timetable for withdrawals, meaning,<br />

e.g., seven days to complete withdrawal and air defence weapons<br />

withdrawn outside a 25 kilometre mutual safety zone within<br />

48 hours;<br />

- Return of personnel for the four functions specified above will<br />

be under the supervision of the international security presence<br />

and will be limited to a small agreed number (hundreds, not<br />

thousands);<br />

/...<br />

S/RES/1244 (1999)<br />

Page 8<br />

- Suspension of military activity will occur after the beginning of<br />

verifiable withdrawals;<br />

- The discussion and achievement of a military-technical agreement<br />

shall not extend the previously determined time for completion of<br />

withdrawals. 285<br />

285 United Nations, Security Council, June 10, 1999, http://www.cfr.org/publication/12533/


List of Acronyms<br />

Boshkovich 186<br />

ANA – Albanian National Army<br />

BH – Bosnia and Herzegovina<br />

BIA – Security Information Agency (Bezbednosno Informativna Agencija)<br />

BND – Federal Intelligence Service (Bundesnachrichtendienst)<br />

CIA – Central Intelligence Agency<br />

CG – Contact Group<br />

DEA – Drugs Enforcement Administration<br />

ETA – Basque Homeland and Freedom (Euskadi Ta Askatasuna)<br />

EU – European Union<br />

FHP – Found for Humanitarian Right<br />

FRY – Federative Republic of Yugoslavia<br />

FYRM – Former Yugoslav Republic of Macedonia<br />

ICJ – International Court of Justice<br />

ICTY – International Criminal Tribunal for the Former Yugoslavia<br />

IDP – Internal Dislocated Persons<br />

IMF – International Monetary Fund<br />

IRA – Irish Republican Army<br />

JNA – Yugoslav National Army ( Jugoslovenska Narodna Armija)<br />

KFOR – Kosovo Force<br />

KGB – Committee for State Security (Komitet Gosudarstvennoy Bezopasnosti)<br />

KLA – Kosovo Liberation Army<br />

Kosmet – Kosovo and Metohija<br />

KPC – Kosovo Protection Corpus<br />

LDK – Democratic League of Kosovo<br />

MoD – Ministry of Defence<br />

NATO – North Atlantic Treaty Organization<br />

OSCE – Organization for Security and Co-operation in Europe<br />

RTS – Radio Television of Serbia<br />

SAS – Special Air Service<br />

SFRY – Socialistic Federative Republic of Yugoslavia<br />

SMIP – Federal Ministry for Foreign Affairs (Savezno Ministarstvo Inostranih Poslova)<br />

SPS – Socialistic Party of Serbia<br />

TWRA – Third World Relief Agency<br />

UN – United Nations<br />

UNDP – United Nations Development Programme<br />

UNHCR – United Nations High Commissioner for Refugees<br />

UNMIK – United Nations Interim Administration Mission<br />

WMD – Weapons of Mass Destruction


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