"EULEX illegal, crisis to peak in May, June"

Minister for Kosovo Slobodan Samardzic, DSS, says that the EU mission to Kosovo is illegal, with no legal framework present for it to replace UNMIK. "There is no legal basis for UNMIK replacement with anything or anyone, and the EU mission is illegal." "EULEX illegal, crisis to peak in May, June" "For this reason, the UN have a huge problem, as their mission would fail, and that would lead to a very difficult situation, not only for this UN mission, but for the idea and practice of peace missions all over the world, which would bring the legitimacy of the UN under question mark," Beta news agency quoted Samardzic as saying. According to him, there is a group of countries gathered around NATO that is attempting to introduce and impose their own, new rules, different than those valid since 1945 within the UN. He identified UNMIK's chiefs, Joachim Ruecker and Larry Rossin, as representatives of such policies. Samardzic also commented on the International Steering Group, ISG, and said it is "legally non-existent", therefore unable to make any important decisions about the Serbian province. Because of this, he added, the ISG's negative position on holding the local elections and on the proposal for a functional separation of Serbs and Albanians in Kosovo should not be taken into account. Samardzic also said that talks are now ongoing with Ruecker only about the local ballot in the province, since this is one of the powers remaining with UNMIK, after it transferred other jurisdiction in the sector to the Kosovo Albanians. "Ruecker made a mistake last summer when he acted according to the Ahtisaari plan to strip UNMIK of rights to organize elections," he said. Samardzic said he told Ruecker that if UNMIK wanted to do something about the elections now, he would first have to pass a decree annulling his previous decisions. "Only Serbia and Serbian institutions can conduct these elections. Ruecker is not denying that the Serbs ought to have their democratically elected institutions, and if that is so, then Serbia is the only one that can do this, and we are preparing to do it," the minister said. Samardzic also said that it would be best if Ruecker took a politically neutral position on the May 11 ballot, "just as he did with the unilateral declaration of Kosovo's independence that violated UN Resolution 1244". He also told the agency there was a difference of opinion on the matter at the UN headquarters in New York and in UNMIK in Kosovo. "There is good will at the UN General Secretariat to talk about the Serbian proposal to work with UNMIK on implementing Resolution 1244 under the new conditions in Kosovo," Samardzic explained. "Sensitive technical preparations for the start of these talks are under way," the minister said, and added that the chief of the UN peace operations will visit Belgrade for this purpose, "but only once the talks have started". Asked to comment an investigation against the Kosovo Serbs who allegedly took part in the burning of the Jarinje and Brnjak administrative line outposts in February, Samardzic said that the Kosovo police and prosecution have no jurisdiction over the Serbs after the unilateral declaration of Feb. 17. "If Albanians have proclaimed independence and if Serbs refuse to accept it, what you have is a parallelism where neither side can prosecute the other, not with [the process] taking a normal course," he said. Considering that UNMIK and KFOR have not pressed those charges, the Serbs have no obligation to declare themselves, the minister added. "I think these accusations are in fact a form of intimidation of Serbs, and it is hard to say whether they'll lead to a conflict," Samardzic was quoted. Asked what is to be expected between May 11 and mid-June, when a transfer of powers to EULEX should begin, Samardzic said this period will be the "peak of the crisis". "The UN have their jurisdiction and must act accordingly. Since the UN has not recognized Kosovo's independence, then the Serb interest must also be taken into account." "I expect that they will support our activities since we are provoking no one, while Serbia must look after the Serbs and other non-Albanians, Serbia must exercise its jurisdiction and protect them in every sense of the word," the minister said. Samardzic also reminded that UN Secretary-General Ban Ki-moon stated that UNMIK will remain in Kosovo as long as 1244 is valid, "which means a way out of the current situation must be found". Yesterday, UNMIK chief Joachim Ruecker said Serbia should not organize local elections in the territory of Kosovo, because that would be a violation of Resolution 1244. Speaking for Pristina-based Radio Blue Sky, Ruecker said that only UNMIK can organize local elections in Kosovo. "UNMIK has consulted the Contact Group, it has the support of New York," Ruecker said on the issue. "There is wide accord in the international community that Serbia should not cross this red line," he warned. Asked whether UNMIK would react if the government, despite this, went ahead and held local elections in Kosovo, Ruecker said it was "too soon for any such decisions" and that he "still believed the Serbian government would not attempt to organize local elections". Last Thursday in Belgrade, the cabinet voted unanimously in favor of holding the local ballot in the territory of the province. Slobodan Samardzic, left, interviewed by Beta's reporters (FoNet, archive)

"EULEX illegal, crisis to peak in May, June"

"For this reason, the UN have a huge problem, as their mission would fail, and that would lead to a very difficult situation, not only for this UN mission, but for the idea and practice of peace missions all over the world, which would bring the legitimacy of the UN under question mark," Beta news agency quoted Samardžić as saying.

According to him, there is a group of countries gathered around NATO that is attempting to introduce and impose their own, new rules, different than those valid since 1945 within the UN.

He identified UNMIK's chiefs, Joachim Ruecker and Larry Rossin, as representatives of such policies.

Samardžić also commented on the International Steering Group, ISG, and said it is "legally non-existent", therefore unable to make any important decisions about the Serbian province.

Because of this, he added, the ISG's negative position on holding the local elections and on the proposal for a functional separation of Serbs and Albanians in Kosovo should not be taken into account.

Samardžić also said that talks are now ongoing with Ruecker only about the local ballot in the province, since this is one of the powers remaining with UNMIK, after it transferred other jurisdiction in the sector to the Kosovo Albanians.

"Ruecker made a mistake last summer when he acted according to the Ahtisaari plan to strip UNMIK of rights to organize elections," he said.

Samardžić said he told Ruecker that if UNMIK wanted to do something about the elections now, he would first have to pass a decree annulling his previous decisions.

"Only Serbia and Serbian institutions can conduct these elections. Ruecker is not denying that the Serbs ought to have their democratically elected institutions, and if that is so, then Serbia is the only one that can do this, and we are preparing to do it," the minister said.

Samardžić also said that it would be best if Ruecker took a politically neutral position on the May 11 ballot, "just as he did with the unilateral declaration of Kosovo's independence that violated UN Resolution 1244".

He also told the agency there was a difference of opinion on the matter at the UN headquarters in New York and in UNMIK in Kosovo.

"There is good will at the UN General Secretariat to talk about the Serbian proposal to work with UNMIK on implementing Resolution 1244 under the new conditions in Kosovo," Samardžić explained.

"Sensitive technical preparations for the start of these talks are under way," the minister said, and added that the chief of the UN peace operations will visit Belgrade for this purpose, "but only once the talks have started".

Asked to comment an investigation against the Kosovo Serbs who allegedly took part in the burning of the Jarinje and Brnjak administrative line outposts in February, Samardžić said that the Kosovo police and prosecution have no jurisdiction over the Serbs after the unilateral declaration of Feb. 17.

"If Albanians have proclaimed independence and if Serbs refuse to accept it, what you have is a parallelism where neither side can prosecute the other, not with [the process] taking a normal course," he said.

Considering that UNMIK and KFOR have not pressed those charges, the Serbs have no obligation to declare themselves, the minister added.

"I think these accusations are in fact a form of intimidation of Serbs, and it is hard to say whether they'll lead to a conflict," Samardžić was quoted.

Asked what is to be expected between May 11 and mid-June, when a transfer of powers to EULEX should begin, Samardžić said this period will be the "peak of the crisis".

"The UN have their jurisdiction and must act accordingly. Since the UN has not recognized Kosovo's independence, then the Serb interest must also be taken into account."

"I expect that they will support our activities since we are provoking no one, while Serbia must look after the Serbs and other non-Albanians, Serbia must exercise its jurisdiction and protect them in every sense of the word," the minister said.

Samardžić also reminded that UN Secretary-General Ban Ki-moon stated that UNMIK will remain in Kosovo as long as 1244 is valid, "which means a way out of the current situation must be found".

Yesterday, UNMIK chief Joachim Ruecker said Serbia should not organize local elections in the territory of Kosovo, because that would be a violation of Resolution 1244.

Speaking for Priština-based Radio Blue Sky, Ruecker said that only UNMIK can organize local elections in Kosovo.

"UNMIK has consulted the Contact Group, it has the support of New York," Ruecker said on the issue.

"There is wide accord in the international community that Serbia should not cross this red line," he warned.

Asked whether UNMIK would react if the government, despite this, went ahead and held local elections in Kosovo, Ruecker said it was "too soon for any such decisions" and that he "still believed the Serbian government would not attempt to organize local elections".

Last Thursday in Belgrade, the cabinet voted unanimously in favor of holding the local ballot in the territory of the province.