Ex-UN official claims EULEX operations are illegal

Finally a voice of reason who states some facts instead of wishful thinking and illusions. Good!

No sh..t these actions are illegal.
They (KFOR) are shooting people!

There is light on west after all . Gerard Gallucci is a brave man .

Gerald Galucci for EULEX High Representative!

I'm sorry but who exactly did he give this interview to?
Was it a B92 journalist? Was it over the phone? Or perhaps some one dreamed for Mr. Galluci to speak in this manner.
(miri, 27 September 2011 15:16)

Oh, he has had his own blog for a while now (just google-search his name). You should really read it, it's so much fun :D

The guy is legendary and says it how it is. Too bad Albanians like being lied to. Tadic is a waste of space now. Serbs have taken matters into their own hands with the help of opposition parties.

I'm sorry but who exactly did he give this interview to?
Was it a B92 journalist? Was it over the phone? Or perhaps some one dreamed for Mr. Galluci to speak in this manner.
(miri, 27 September 2011 15:16)

Proof positive that some of you Kosovo Albanians have your heads in the sand! I have heard so many times in person or on here how no American or Westerner could be against what Kosovo Albanians are up to. Mr. Galluci is no favorite of the warmongers in DC, but he is still well known for his views. Pity you hadn't done some research and seen them for yourself before posting here and looking rather silly.

I'm sorry but who exactly did he give this interview to?
Was it a B92 journalist? Was it over the phone? Or perhaps some one dreamed for Mr. Galluci to speak in this manner.

@Reader...your statement is false. Kosovo is not separate from Serbia. The official stance of the UN is that Kosovo is a UN administered province. The UN does NOT recognize the UDI and this official policy has not changed. It has not recognized Kosovo as a country. I don't understand why people can't understand the facts. Therefore EULEX would be in violation, especially of UN resolution 1244, which Kosovo is governed under. I know this because I work in international policy and some of it was in Kosovo!!

Gerard Gallucci you are a moron what would happened if the Austrian majority that were trapped in northern Italy when the borders were changed after the war. Austrians did same as the Serbs are doing you know what would will Italy do. I know then you will be defending Italy's war booty rites in a area that belonged to Austria and they are the majority their.

Galluci is a clown....he is systematically biased. He, himself, is part of the reason why we have Serbian criminal structures holding minorities hostage in the north.







Thanks,

Finally a voice of reason who states some facts instead of wishful thinking and illusions. Good!
(Analyst, 27 September 2011 14:48)
I don't think facts and reason have ever been words associated with Galluci, especially during his very profitable time in Northern Kosovo.

His opinion matters none. The whole world knows what galluci really is. A worker of the Serbian propaganda machine

"Some argue that EULEX's mandate includes helping develop the Kosovo state. But the UN passed EULEX responsibility for rule of law in November 2008 with the condition it be status neutral. Whatever customs regime might be established, it would have to meet that condition. Imposing Kosovo customs and officials and collecting funds for Priština clearly would not,” the U.S. diplomat underscored. "

The ex-diplomat Gallucci is not the judge on what is legal and what is not. The UN is. The UN has not said anything on this so far. And it is not like the Serbian government did not try to make the UN speak on this. They tried really hard. Ban Ki Moon has been receiving so many letters from Jeremic by now, that he must have a special folder just for him. And the reaction of Ban Ki Moon has been what? Nothing. So, until Ban Ki Moon or some other UN body says clearly that EULEX is acting illegally, I would not say anything. Furthermore, since the ex-diplomat Gallucci was with UNMIK, he should know fully well that according to the UN, Kosovo is a single customs zone, separated from Serbia.

@ ICJ1: Actually, no! The ICJ said that international law was silent on the topic - that no rule of international law did apply one way or the other and that there was a legal vacuum. Independent of the well-foundedness of this opinion (which quite a lot of international lawyers find both unmotivated from an international law view and extremely dangerous as a precedent), this does not mean that the unilateral declaration was legal but only that the ICJ did not consider itself competent to pronounce on its legality.

Should the head line not read Ex-UN official "that was relieved of his command due to the fact he failed to perform his duties according to the UNMIK mandate" says....

"The ICJ never said that the Kosovo declaration of independence or state were ‘legal"


It's obvious that Mr. Gallucci (if he did indeed say those words) does not understand much in regards to legal issues. It's law 101 that everything that is not illegal, is legal. However, just to make sure that even people who have not taken any law class could understand, the ICJ stated the obvious:

"the General Assembly has asked whether the declaration of independence was “in accordance with” international law. The answer to that question turns on whether or not the applicable international law prohibited the declaration of independence."

@Reader...your statement is false. Kosovo is not separate from Serbia. The official stance of the UN is that Kosovo is a UN administered province. The UN does NOT recognize the UDI and this official policy has not changed. It has not recognized Kosovo as a country. I don't understand why people can't understand the facts. Therefore EULEX would be in violation, especially of UN resolution 1244, which Kosovo is governed under. I know this because I work in international policy and some of it was in Kosovo!!
(stoj, 28 September 2011 06:35)
Should you really understand anything about international policies you would know that Resolution 1244 puts the whole of Kosovo under the control of UNMIK, EULEX, and under the legally elected officials of Kosovo. It matters not whether you call Kosovo a country, a province, a protectorate, the bottom line is that Kosovo is a single customs region. It is not relevant if the UN recognizes the UDI, it recognizes the government of Kosovo as the legal authority. UNMIK functions as a liason between the govt and those who do not recognize it, it does not replace it in any arena.

this does not mean that the unilateral declaration was legal but only that the ICJ did not consider itself competent to pronounce on its legality.
(M-la-maudite, 28 September 2011 12:59)
The opinion was very very clear, the UDI did not violate any international law. Whether you want to claim that it did not say it was legal or not, no it did not use those words but it did say it was not illegal!
No where did it say it was not competent to rule on such a matter.

It does not surprise me that Gerry continues to fail to understand the technicalities that go with the imposition of full customs controls on the boundary/border line. This was done under UNSCR 1244 by UNMIK, and Belgrade accepted that and did so in the SG Report to the UNSC in November 2008. But that is politics. The technical stuff is that once Kosovo (whether as independent or remaining under UN Admin) was recognized as a separate customs territory, with different importaion rules and customs duty rates, and as soon as UNMIK signed CEFTA on behalf of Kosovo, it was and is perfectly legal to have customs controls in the so called Gates, along with other entry points from Serbia. The issue over customs stamps is a trade matter, and frankly the embargo by Kosovo was in retaliation for the Serb embargo that had existed since 2008, despite UNMIK (and the EU - including non recognizing states) certfying that the stamp in use was 1244 compliant. The Kostunica Govt used the stamp as an excuse as a demonstration of opposition for public consumption. Oh, and once the Gates were destroyed in 2008, organized crime flourished on both sides of the line. The Serbian organized crime prosecutor ran an extensive investigation which resulted in the indictment of many corrupt police and customs officials as well as so called businessmen on both sides for racketeering. So sorry, Gerry, criminals did and have flourished.

@Reader...your statement is false. Kosovo is not separate from Serbia. The official stance of the UN is that Kosovo is a UN administered province. The UN does NOT recognize the UDI and this official policy has not changed. It has not recognized Kosovo as a country. I don't understand why people can't understand the facts. Therefore EULEX would be in violation, especially of UN resolution 1244, which Kosovo is governed under. I know this because I work in international policy and some of it was in Kosovo!!
(stoj, 28 September 2011 06:35)

I'm not aware of any UN document stating, I quote, "Kosovo is a UN administered province". However you are welcome to provide the references, if you find them.

As for UN recognizing the UDI, that, of course, has not happened, because the UN is not in the business of recognitions. Only states recognize states. For example, are you aware of any UN document which says that "the UN recognizes the Serbia's UDI from the Ottoman Empire" or that the "UN recognizes Vatican as an independent country" ? Again, you are welcome to provide the references.

As for EULEX being in violation of 1244, what are you waiting to denounce that to the UNSC so that it can take the appropriate action to correct the violation, if there is a violation.

As for you working in international policy, please keep the good job that you have been doing so far as demonstrated by your brilliant comments :)

@stoj
what part of "Kosovo is a single customs zone" is hard to understand? Ban Ki Moon himself said so.

@icj1
agree with you, only why do you keep calling it UDI :)? That is a term invented by somebody (with mustache I suspect) in Belgrade, loaded with the meaning that suits to people in Belgrade.

@icj1
agree with you, only why do you keep calling it UDI :)? That is a term invented by somebody (with mustache I suspect) in Belgrade, loaded with the meaning that suits to people in Belgrade.
(Reader, 29 September 2011 16:40)

what's wrong with "UDI" ? the large majority of the world countries exist because of UDIs, Serbia included

I'm sorry but who exactly did he give this interview to?
Was it a B92 journalist? Was it over the phone? Or perhaps some one dreamed for Mr. Galluci to speak in this manner.

Galluci is a clown....he is systematically biased. He, himself, is part of the reason why we have Serbian criminal structures holding minorities hostage in the north.







Thanks,

His opinion matters none. The whole world knows what galluci really is. A worker of the Serbian propaganda machine

Gerard Gallucci you are a moron what would happened if the Austrian majority that were trapped in northern Italy when the borders were changed after the war. Austrians did same as the Serbs are doing you know what would will Italy do. I know then you will be defending Italy's war booty rites in a area that belonged to Austria and they are the majority their.

"Some argue that EULEX's mandate includes helping develop the Kosovo state. But the UN passed EULEX responsibility for rule of law in November 2008 with the condition it be status neutral. Whatever customs regime might be established, it would have to meet that condition. Imposing Kosovo customs and officials and collecting funds for Priština clearly would not,” the U.S. diplomat underscored. "

The ex-diplomat Gallucci is not the judge on what is legal and what is not. The UN is. The UN has not said anything on this so far. And it is not like the Serbian government did not try to make the UN speak on this. They tried really hard. Ban Ki Moon has been receiving so many letters from Jeremic by now, that he must have a special folder just for him. And the reaction of Ban Ki Moon has been what? Nothing. So, until Ban Ki Moon or some other UN body says clearly that EULEX is acting illegally, I would not say anything. Furthermore, since the ex-diplomat Gallucci was with UNMIK, he should know fully well that according to the UN, Kosovo is a single customs zone, separated from Serbia.

Finally a voice of reason who states some facts instead of wishful thinking and illusions. Good!
(Analyst, 27 September 2011 14:48)
I don't think facts and reason have ever been words associated with Galluci, especially during his very profitable time in Northern Kosovo.

There is light on west after all . Gerard Gallucci is a brave man .

Finally a voice of reason who states some facts instead of wishful thinking and illusions. Good!

Gerald Galucci for EULEX High Representative!

No sh..t these actions are illegal.
They (KFOR) are shooting people!

I'm sorry but who exactly did he give this interview to?
Was it a B92 journalist? Was it over the phone? Or perhaps some one dreamed for Mr. Galluci to speak in this manner.
(miri, 27 September 2011 15:16)

Oh, he has had his own blog for a while now (just google-search his name). You should really read it, it's so much fun :D

The guy is legendary and says it how it is. Too bad Albanians like being lied to. Tadic is a waste of space now. Serbs have taken matters into their own hands with the help of opposition parties.

@Reader...your statement is false. Kosovo is not separate from Serbia. The official stance of the UN is that Kosovo is a UN administered province. The UN does NOT recognize the UDI and this official policy has not changed. It has not recognized Kosovo as a country. I don't understand why people can't understand the facts. Therefore EULEX would be in violation, especially of UN resolution 1244, which Kosovo is governed under. I know this because I work in international policy and some of it was in Kosovo!!
(stoj, 28 September 2011 06:35)
Should you really understand anything about international policies you would know that Resolution 1244 puts the whole of Kosovo under the control of UNMIK, EULEX, and under the legally elected officials of Kosovo. It matters not whether you call Kosovo a country, a province, a protectorate, the bottom line is that Kosovo is a single customs region. It is not relevant if the UN recognizes the UDI, it recognizes the government of Kosovo as the legal authority. UNMIK functions as a liason between the govt and those who do not recognize it, it does not replace it in any arena.

"The ICJ never said that the Kosovo declaration of independence or state were ‘legal"


It's obvious that Mr. Gallucci (if he did indeed say those words) does not understand much in regards to legal issues. It's law 101 that everything that is not illegal, is legal. However, just to make sure that even people who have not taken any law class could understand, the ICJ stated the obvious:

"the General Assembly has asked whether the declaration of independence was “in accordance with” international law. The answer to that question turns on whether or not the applicable international law prohibited the declaration of independence."

this does not mean that the unilateral declaration was legal but only that the ICJ did not consider itself competent to pronounce on its legality.
(M-la-maudite, 28 September 2011 12:59)
The opinion was very very clear, the UDI did not violate any international law. Whether you want to claim that it did not say it was legal or not, no it did not use those words but it did say it was not illegal!
No where did it say it was not competent to rule on such a matter.

I'm sorry but who exactly did he give this interview to?
Was it a B92 journalist? Was it over the phone? Or perhaps some one dreamed for Mr. Galluci to speak in this manner.
(miri, 27 September 2011 15:16)

Proof positive that some of you Kosovo Albanians have your heads in the sand! I have heard so many times in person or on here how no American or Westerner could be against what Kosovo Albanians are up to. Mr. Galluci is no favorite of the warmongers in DC, but he is still well known for his views. Pity you hadn't done some research and seen them for yourself before posting here and looking rather silly.

Should the head line not read Ex-UN official "that was relieved of his command due to the fact he failed to perform his duties according to the UNMIK mandate" says....

@stoj
what part of "Kosovo is a single customs zone" is hard to understand? Ban Ki Moon himself said so.

@icj1
agree with you, only why do you keep calling it UDI :)? That is a term invented by somebody (with mustache I suspect) in Belgrade, loaded with the meaning that suits to people in Belgrade.

@Reader...your statement is false. Kosovo is not separate from Serbia. The official stance of the UN is that Kosovo is a UN administered province. The UN does NOT recognize the UDI and this official policy has not changed. It has not recognized Kosovo as a country. I don't understand why people can't understand the facts. Therefore EULEX would be in violation, especially of UN resolution 1244, which Kosovo is governed under. I know this because I work in international policy and some of it was in Kosovo!!

@ ICJ1: Actually, no! The ICJ said that international law was silent on the topic - that no rule of international law did apply one way or the other and that there was a legal vacuum. Independent of the well-foundedness of this opinion (which quite a lot of international lawyers find both unmotivated from an international law view and extremely dangerous as a precedent), this does not mean that the unilateral declaration was legal but only that the ICJ did not consider itself competent to pronounce on its legality.

It does not surprise me that Gerry continues to fail to understand the technicalities that go with the imposition of full customs controls on the boundary/border line. This was done under UNSCR 1244 by UNMIK, and Belgrade accepted that and did so in the SG Report to the UNSC in November 2008. But that is politics. The technical stuff is that once Kosovo (whether as independent or remaining under UN Admin) was recognized as a separate customs territory, with different importaion rules and customs duty rates, and as soon as UNMIK signed CEFTA on behalf of Kosovo, it was and is perfectly legal to have customs controls in the so called Gates, along with other entry points from Serbia. The issue over customs stamps is a trade matter, and frankly the embargo by Kosovo was in retaliation for the Serb embargo that had existed since 2008, despite UNMIK (and the EU - including non recognizing states) certfying that the stamp in use was 1244 compliant. The Kostunica Govt used the stamp as an excuse as a demonstration of opposition for public consumption. Oh, and once the Gates were destroyed in 2008, organized crime flourished on both sides of the line. The Serbian organized crime prosecutor ran an extensive investigation which resulted in the indictment of many corrupt police and customs officials as well as so called businessmen on both sides for racketeering. So sorry, Gerry, criminals did and have flourished.

@Reader...your statement is false. Kosovo is not separate from Serbia. The official stance of the UN is that Kosovo is a UN administered province. The UN does NOT recognize the UDI and this official policy has not changed. It has not recognized Kosovo as a country. I don't understand why people can't understand the facts. Therefore EULEX would be in violation, especially of UN resolution 1244, which Kosovo is governed under. I know this because I work in international policy and some of it was in Kosovo!!
(stoj, 28 September 2011 06:35)

I'm not aware of any UN document stating, I quote, "Kosovo is a UN administered province". However you are welcome to provide the references, if you find them.

As for UN recognizing the UDI, that, of course, has not happened, because the UN is not in the business of recognitions. Only states recognize states. For example, are you aware of any UN document which says that "the UN recognizes the Serbia's UDI from the Ottoman Empire" or that the "UN recognizes Vatican as an independent country" ? Again, you are welcome to provide the references.

As for EULEX being in violation of 1244, what are you waiting to denounce that to the UNSC so that it can take the appropriate action to correct the violation, if there is a violation.

As for you working in international policy, please keep the good job that you have been doing so far as demonstrated by your brilliant comments :)

@icj1
agree with you, only why do you keep calling it UDI :)? That is a term invented by somebody (with mustache I suspect) in Belgrade, loaded with the meaning that suits to people in Belgrade.
(Reader, 29 September 2011 16:40)

what's wrong with "UDI" ? the large majority of the world countries exist because of UDIs, Serbia included