UN session Wednesday, report published

The facts seem straightforward. The UN has the only legal mandate in Kosovo and this accepts that Serbia retains sovereignty over its province of Kosovo (no matter if it's not the case on the ground - I don't hear any Serbian representatives speaking of taking over the entire province again anyway).

A compromise with Serbia has to be reached in order to (a) deploy EULEX and (b) move forward. The UN, and perhaps EU if sanctioned, are the only bodies who could mediate this.

The A Plan was rejected some time ago and cannot be used as a basis for the deployment of any body, unless bits of it are mutually accepted by the UN, Serbia and the provincial government in Kosovo (which seems to be losing its say by refusing any compromise).

If there is no agreement, then the fact still remains that within international law the UN must remain neutral unless a vote is taken by the Security Council. Therefore any body that it deploys should also retain neutrality and not try and force through a rejected plan.

If anyone can tell me why the above is not the case (I'm speaking about legally) then I would be interested to hear.

As far as I can see the EU as a body has not recognised the UDI (only individual states have), and even if they had the mandate still lies with the UN.

The US seems as though it may be preparing to pack up and hand over, so I can't see why its parting shot should be to try and prevent a solution.

Yep, that pretty well sums it up. The plan will go forward as written, UN will stay in Serb areas and "the west" is pleased. Let's hope this is all settled in another year or so.

Michael John: "...it is the EU and the US that will be funding EULEX and not the UN."

It makes no difference. The only body able to authorise powers under its own umbrella is the UN.

And as I said previously, the EU as a body does not (and cannot) support independence, therefore anything they fund will have to be neutral and within the remit of the UN.

Likewise the A Plan has not been approved and cannot be introduced without UN approval.

Micheal John,

Don't tell nonsense! 1244 is still valid. And even the US has to obey UN resolutions!

And if we follow your pattern of thinking then can Russia deceide what will happen in South Ossetia?

Russia 'makes the party there'?

Why doesn't Kosovo recognize South Ossetia by the way?

Kate,

The U.S. is hardly packing up and ready to leave Kosova. You conveniently forget that Camp Bondsteel will be in Kosova until the Albanians have full control of ALL of the Independent Country of Kosova.
Remember that the US has a 99 year lease of Camp Bondsteel and the US Military won't be leaving anytime soon.

Also, you seem to have been mistaken when you assumed that the US rejection of the 6 point plan was a parting shot. Hardly the case, since it was an initial shot at the 6 point plan which will shortly be dumped in the trash. Remember, the Ahtisaari Plan which was agreed upon by the US and members of the EU. This was decided long ago and no last minute end run by the Serbs is going to change the bright future of Kosova, since it is the EU and the US that will be funding EULEX and not the UN.
Remember, those who hold the party have a right to decide on the guest list.

"If 1244 is valid, it provides for Kosova to be independent."

No, it does not. It provides for "... substantial autonomy and meaningful self-administration..."

Perhaps you should read the actual document:

http://daccessdds.un.org/doc/UNDOC/GEN/N99/172/89/PDF/N9917289.pdf?OpenElement

"...the compromise over the deployment of the EULEX mission was a major step forward."
The whole issue is what we mean by "compromise"
"Compromise" Kosova's independence is unacceptable. Accepting the Serbian package of six points to me means a new war! I hope and wish I am wrong!
(EA, 25 November 2008 20:28)

Hey EA,

Who will the war be between? can you please elaborate? How this war be fought? Surely the Albanians aren't planning on wiping out the remaining Serbs on the territory of Kosovo? Please elaborate on you alarming prediction..

So much confidence in back themselves iin war.. perhaps you should have a read into the Battle of Kosare during the 99 war in order to refresh you memory?

Do you really expect war? or are you speaking with anger..

Why doesn't Kosovo recognize South Ossetia by the way?
(Ron, 25 November 2008 17:53)

Has South Ossetia asked for recognition from Kosova?

If 1244 is valid, it provides for Kosova to be independent.

"...the compromise over the deployment of the EULEX mission was a major step forward."
The whole issue is what we mean by "compromise"
"Compromise" Kosova's independence is unacceptable. Accepting the Serbian package of six points to me means a new war! I hope and wish I am wrong!

Can you people tell me where does 1244 stand in this new Ban Ki Mun proposal.
I see this as end of 1244 and end of Serbian sovereignty over Kosova as well as recognition of Kosova as a state

EA there will not be another war, why do you think NATO is still in Kosovo? I told all of you this would happen no one listen especially the Albanian side of the house, everyone thought that just drafting a constitution and declaring independence would be accepted by everyone well as you have read and will accept that 1244 is still valid and no one will support a war. So the thoughts of war or an insurgency will not be tolerated. So everyone might as well get with program and go on with life. Bone heads like EA and other clown who think that making veiled threats will be met with NATO so might as well leave that one on the shelf. See what happen in Mar 04.

EA said
"Accepting the Serbian package of six points to me means a new war! I hope and wish I am wrong!"

war with who? the EU?

because, lets get this straight, the EU wants the six point plan.

The EU as a body will NOT recognise the unilateral declaration of independence because that would mean it would become disunited and therefore cease to exist. Does'nt matter if the US, Great Britain, France, Germany or whoever recognize the UDI, the EU will not

Levski,

To avoid an inevitable war if the Serbian 6 point plan is to be forced, the US will simply Veto it. Being a permanent member of the SC, Veto is special power the US is entitled to. The US is a major supporter of Kosova Independence and will use its veto power to scrap the 6 point Serb plan. This is what Russia did by vetoing the Ahtisaari plan, although all the other members of the SC voted for it. What goes around comes around!

Can you people tell me where does 1244 stand in this new Ban Ki Mun proposal.
I see this as end of 1244 and end of Serbian sovereignty over Kosova as well as recognition of Kosova as a state
(Olf, 26 November 2008 11:56)

Just read the article carefully and u'll have the answer!!

Michael John:

The US IS packing up and leaving Kosovo. Camp Bondsteel is important for the time being, but for how long? The US is technically bankrupt, and they will be forced to leave Kosovo at some point. My best guess is before 2015, and that is a lot sooner than it sounds. And whichever plans are dumped in the trash, Kosovo is not truly independent before it is accepted by the UN. Which means that some kind of compromise with the Serbs has to be met.

EA:
Read the above. If that means war to you, I really wonder between whom. My guess is that the EU will crush any attempt, by anyone, to iniate armed engagement in Kosovo.

Kate:
I think you make a valid point. But I am not sure how relevant it will turn out to be. Except that it strengthen the bargaining strength and the position of Jeremic when the times will get real tough. That means from, say, next spring, and a year or so ahead of that. And then again after the inevitable American disengagement form Camp Bondsteel.

All:
K. Albanians will never exercise control of the Serbian area in the North. Either it will have very substantial autonomy,like today, or it will be independent from the South - the split.

My guess is that when Serbia wil join the EU, Belgrade will be satisfied with some influence over Prishtina thorrgh Brussels, and substantial antinomy for Serb enclaves. Hence, only then will Kosovo be recognized by the UN, and the status question really settled. And that, too, means 2015. At the earliest.

The Balkans is surely a better place for establishing the international missions than Congo or even the Middle East are: it allows majority of high-paid not-much-accountable-for-happenings bureaucrats to spend weekends with families as only 1.5-2.0hr direct flights required.

And it is much more calm and safe one definitely.

Kate,

The U.S. is hardly packing up and ready to leave Kosova. You conveniently forget that Camp Bondsteel will be in Kosova until the Albanians have full control of ALL of the Independent Country of Kosova.
Remember that the US has a 99 year lease of Camp Bondsteel and the US Military won't be leaving anytime soon.

Also, you seem to have been mistaken when you assumed that the US rejection of the 6 point plan was a parting shot. Hardly the case, since it was an initial shot at the 6 point plan which will shortly be dumped in the trash. Remember, the Ahtisaari Plan which was agreed upon by the US and members of the EU. This was decided long ago and no last minute end run by the Serbs is going to change the bright future of Kosova, since it is the EU and the US that will be funding EULEX and not the UN.
Remember, those who hold the party have a right to decide on the guest list.

The facts seem straightforward. The UN has the only legal mandate in Kosovo and this accepts that Serbia retains sovereignty over its province of Kosovo (no matter if it's not the case on the ground - I don't hear any Serbian representatives speaking of taking over the entire province again anyway).

A compromise with Serbia has to be reached in order to (a) deploy EULEX and (b) move forward. The UN, and perhaps EU if sanctioned, are the only bodies who could mediate this.

The A Plan was rejected some time ago and cannot be used as a basis for the deployment of any body, unless bits of it are mutually accepted by the UN, Serbia and the provincial government in Kosovo (which seems to be losing its say by refusing any compromise).

If there is no agreement, then the fact still remains that within international law the UN must remain neutral unless a vote is taken by the Security Council. Therefore any body that it deploys should also retain neutrality and not try and force through a rejected plan.

If anyone can tell me why the above is not the case (I'm speaking about legally) then I would be interested to hear.

As far as I can see the EU as a body has not recognised the UDI (only individual states have), and even if they had the mandate still lies with the UN.

The US seems as though it may be preparing to pack up and hand over, so I can't see why its parting shot should be to try and prevent a solution.

Michael John: "...it is the EU and the US that will be funding EULEX and not the UN."

It makes no difference. The only body able to authorise powers under its own umbrella is the UN.

And as I said previously, the EU as a body does not (and cannot) support independence, therefore anything they fund will have to be neutral and within the remit of the UN.

Likewise the A Plan has not been approved and cannot be introduced without UN approval.

Micheal John,

Don't tell nonsense! 1244 is still valid. And even the US has to obey UN resolutions!

And if we follow your pattern of thinking then can Russia deceide what will happen in South Ossetia?

Russia 'makes the party there'?

Why doesn't Kosovo recognize South Ossetia by the way?

Levski,

To avoid an inevitable war if the Serbian 6 point plan is to be forced, the US will simply Veto it. Being a permanent member of the SC, Veto is special power the US is entitled to. The US is a major supporter of Kosova Independence and will use its veto power to scrap the 6 point Serb plan. This is what Russia did by vetoing the Ahtisaari plan, although all the other members of the SC voted for it. What goes around comes around!

Yep, that pretty well sums it up. The plan will go forward as written, UN will stay in Serb areas and "the west" is pleased. Let's hope this is all settled in another year or so.

Why doesn't Kosovo recognize South Ossetia by the way?
(Ron, 25 November 2008 17:53)

Has South Ossetia asked for recognition from Kosova?

If 1244 is valid, it provides for Kosova to be independent.

"...the compromise over the deployment of the EULEX mission was a major step forward."
The whole issue is what we mean by "compromise"
"Compromise" Kosova's independence is unacceptable. Accepting the Serbian package of six points to me means a new war! I hope and wish I am wrong!

"If 1244 is valid, it provides for Kosova to be independent."

No, it does not. It provides for "... substantial autonomy and meaningful self-administration..."

Perhaps you should read the actual document:

http://daccessdds.un.org/doc/UNDOC/GEN/N99/172/89/PDF/N9917289.pdf?OpenElement

Can you people tell me where does 1244 stand in this new Ban Ki Mun proposal.
I see this as end of 1244 and end of Serbian sovereignty over Kosova as well as recognition of Kosova as a state

Michael John:

The US IS packing up and leaving Kosovo. Camp Bondsteel is important for the time being, but for how long? The US is technically bankrupt, and they will be forced to leave Kosovo at some point. My best guess is before 2015, and that is a lot sooner than it sounds. And whichever plans are dumped in the trash, Kosovo is not truly independent before it is accepted by the UN. Which means that some kind of compromise with the Serbs has to be met.

EA:
Read the above. If that means war to you, I really wonder between whom. My guess is that the EU will crush any attempt, by anyone, to iniate armed engagement in Kosovo.

Kate:
I think you make a valid point. But I am not sure how relevant it will turn out to be. Except that it strengthen the bargaining strength and the position of Jeremic when the times will get real tough. That means from, say, next spring, and a year or so ahead of that. And then again after the inevitable American disengagement form Camp Bondsteel.

All:
K. Albanians will never exercise control of the Serbian area in the North. Either it will have very substantial autonomy,like today, or it will be independent from the South - the split.

My guess is that when Serbia wil join the EU, Belgrade will be satisfied with some influence over Prishtina thorrgh Brussels, and substantial antinomy for Serb enclaves. Hence, only then will Kosovo be recognized by the UN, and the status question really settled. And that, too, means 2015. At the earliest.

"...the compromise over the deployment of the EULEX mission was a major step forward."
The whole issue is what we mean by "compromise"
"Compromise" Kosova's independence is unacceptable. Accepting the Serbian package of six points to me means a new war! I hope and wish I am wrong!
(EA, 25 November 2008 20:28)

Hey EA,

Who will the war be between? can you please elaborate? How this war be fought? Surely the Albanians aren't planning on wiping out the remaining Serbs on the territory of Kosovo? Please elaborate on you alarming prediction..

So much confidence in back themselves iin war.. perhaps you should have a read into the Battle of Kosare during the 99 war in order to refresh you memory?

Do you really expect war? or are you speaking with anger..

EA there will not be another war, why do you think NATO is still in Kosovo? I told all of you this would happen no one listen especially the Albanian side of the house, everyone thought that just drafting a constitution and declaring independence would be accepted by everyone well as you have read and will accept that 1244 is still valid and no one will support a war. So the thoughts of war or an insurgency will not be tolerated. So everyone might as well get with program and go on with life. Bone heads like EA and other clown who think that making veiled threats will be met with NATO so might as well leave that one on the shelf. See what happen in Mar 04.

EA said
"Accepting the Serbian package of six points to me means a new war! I hope and wish I am wrong!"

war with who? the EU?

because, lets get this straight, the EU wants the six point plan.

The EU as a body will NOT recognise the unilateral declaration of independence because that would mean it would become disunited and therefore cease to exist. Does'nt matter if the US, Great Britain, France, Germany or whoever recognize the UDI, the EU will not

Can you people tell me where does 1244 stand in this new Ban Ki Mun proposal.
I see this as end of 1244 and end of Serbian sovereignty over Kosova as well as recognition of Kosova as a state
(Olf, 26 November 2008 11:56)

Just read the article carefully and u'll have the answer!!

The Balkans is surely a better place for establishing the international missions than Congo or even the Middle East are: it allows majority of high-paid not-much-accountable-for-happenings bureaucrats to spend weekends with families as only 1.5-2.0hr direct flights required.

And it is much more calm and safe one definitely.