United Nations interventionism: peacekeeping operations in Kosovo, Eurolimes Vol. 18,
Autumn 2014, Oradea University Press, pp. 129-145
United Nations interventionism: peacekeeping operations in Kosovo
MÉSZÁROS Edina Lilla1
Abstract: The Kosovo crisis was in the air for a long time, since the first protests of the
Kosovar Albanians in 1981, after Tito's death continued to grow during the disintegration of the
Yugoslav Federation in the early 1990s. The intervention of the international community in the
summer of 1999 whose legality was and is still questioned, apparently managed to end the war,
but not animosities and ethnic discrimination between Serbs and Albanians. This paper seeks to
find answers to several questions, including the effectiveness of the peacekeeping process and of
international interventions in post-conflict areas and their contribution to a more stable peace.
The objective of the research is to describe the peacekeeping activities deployed in the unstable
region of Kosovo and to analyze their role played on the international security system and their
effects on the civilian population from the province. This paper aims to initiate in the backstage
of the phenomenon of peacekeeping, bringing the pros and cons in terms of efficiency of the
KFOR troops in Kosovo.
Keywords: blue helmets, Agenda for Peace, Tito, Eulex, Racak, Multinational Brigades
Origins of the peacekeeping phenomenon
The study of peacekeeping operations was surnamed an isolated backwater in the
field of International Relations during the Cold War, but a succession of new operations
launched in the late 80s and 90s - in Namibia, Cambodia, Somalia, Bosnia have managed
to draw out peacekeeping form obscurity, transforming it into the mainstream of
International Relations Scholarship.2 We must acknowledge that the majority of the
writings on peacekeeping from the early post-Cold War period compassed only some
single case studies that were criticized for lacking theoretical foundations. Since then,
driven by the necessity and curiosity of identifying and explaining the causes that make
some operations more successful than others, the rudiments regarding the peacekeeping
operations have deepened, leading to a certain maturity of the theoretical enterprise.3In
our days the study of the phenomenon of peacekeeping and its various operations occupy
a very important place on the agenda of researchers and scholars, whose greatest concern
is to offer to the readers as an impartial and objective image as possible, underlining both
the successes and the failures of these operations.
Peacekeeping missions and operations under the auspices of the United Nations,
in the form of the emplacement of a team or force of “blue helmets” had to cover a long
1
PhD. student UBB Cluj-Napoca in International Relations and Security Studies, University of Oradea,
edina_lilla@yahoo.com
2
Roland Paris, “Peacekeeping and the Constraints of Global Culture,” in European Journal of International
Relations,
Vol.
9,
no.
3,
(September
2003):
441,
accessed
April
21,
2014,
http://ejt.sagepub.com/content/9/3/441.abstract.
3
Ibid., 442.
1
United Nations interventionism: peacekeeping operations in Kosovo, Eurolimes Vol. 18,
Autumn 2014, Oradea University Press, pp. 129-145
road form their origins as observer forces that were deployed in the immediate post-war
era as a result of the emergence of new states and zones of influence.4
At the end of World War II, the idea of creating an international force for the
collective global security had been delineating in the minds of the forgers of the United
Nation’s Charter.5Recognizing the eager necessity of the creation of such international
force, but acknowledging at the same time the disapproval of the great powers regarding
forces that imply the idea of collective security, in the second half of the 1940s6, the UN
Secretary-General, Trygve Lie came out with a path breaking proposal, suggesting the
creation of international forces based on the model of observer groups, then operating in
the Middle East. His proposal marked the beginning of that movement, which has
advocated for the appearance of international troops that were not designed for collective
security purposes. Unfortunately, even this limited plan had failed to obtain the approval
of the United Nations Security Council, specially the consent of the Soviet Union.
In his work NATO and Peacekeeping, Robert J. Jackson affirms that the first so
called peacekeeping mission was the UNTSO or United Nations Truce Supervision
Organization, deployed in 1948 in the Middle East between Israel and the Arab States.7
After familiarizing with other sources we realize that the Middle East was the first region
witnessing the emplacement of the first genuine peacekeeping forces when UNEF
(United Nations Emergency Force I) was launched in 1956 to replace the French, English
and Israeli troops in the Suez Crisis. The significant difference between UNTSO and
UNEF I is the simple fact that while the first had only an observer and supervisory task,
the second was empowered to intervene between the hostile parties in the case of an
erupting conflict.8It has been 66 years since the first UN peace observation team
(UNTSO) was sent on the field and more than 50 years since the precedent-setting
deployment of the UNEF I in the Middle East. During this time, there have been various
proposals toward institutionalizing the UN peacekeeping operations and toward creating
a permanent peacekeeping force.9
The use of the veto right in the UN Security Council had impede the organization
from deploying its forces into power blocks or other zones of influence which were
situated at the clash point of big superpowers, this having nefarious effects on the
peacekeeping mechanism, culminating first in a 6 year break between 1967-1973, and a
second one between 1978-1988, period when no new peacekeeping operation was
authorized by the Security Council.10
The “warming up” of the relations between the two superpowers (USA and Soviet
Union) and the profound change in the international security environment had a positive
effect upon the peacekeeping mechanism, giving birth to new operations, extending the
Nigel D. White, “U.N. Peacekeeping – Development or Destruction?,” in International Relations, Vol. 12,
no.1, (April 1994): 129, accessed April 29, 2014, http://ire.sagepub.com/content/12/1/129.citation.
5
Paul F. Diehl, “A Permanent UN Peacekeeping Force: An Evaluation,” in Security Dialogue, Vol. 20, no.
1, (1989): 28, accessed April 20, 2014, http://sdi.sagepub.com/content/20/1/27.extract.
6
Larry L. Fabian, Soldiers without Enemies: Preparing the United Nations for Peacekeeping (Washington:
Brookings Institution, 1971), 73.
7
Robert J. Jackson, “NATO and Peacekeeping,” Cambridge, Final Report for NATO Fellowship (30 June
1997): 10, accessed May 03, 2014, http://www.nato.int/acad/fellow/95-97/jackson.pdf.
8
Paul F. Diehl, “A Permanent UN Peacekeeping Force ...,”28.
9
Ibid., 27.
10
Nigel D. White, ”U.N. Peacekeeping – Development or Destruction,” 129.
4
2
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practice of peacekeeping in places like El Salvador, Cambodia, Mozambique, Somalia,
East Timor, and Yugoslav States.11
What does the term peacekeeping mean and which are the principles which
lie on its basis?
After this little historical bypass it is essential to clarify the meaning of the term
peacekeeping. Familiarizing with the specialised literature, one can find various
explanations of the notion of peacekeeping. One scholar is identifying the term as a
“political mechanism that uses military means for the creation of certain conditions which
facilitates the regulation of controversies between conflicting parties.”12 We can say that
the phenomenon of peacekeeping occupies the twilight between war and peace in which
the law hasn’t been established yet, while the peacekeeping operation “is a technique
designed for the preservation of peace and security at an international level, numbering
between the long range of activities undertaken by the United Nations and other
international actors.”13Alex Morrison form the Pearson Peacekeeping Centre understands
by this notion “actions which are destined to increase international peace, security and
stability, which posses the authorization of competent national and international
organizations, being undertaken individually or in a cooperative manner by civil and
military agencies.” 14In An Agenda for Peace the former UN Secretary-General, Boutros
Ghali identifies peacekeeping with the launch on field of UN forces, having the consent
of the belligerent parties, involving military and/or police and civil personnel of the
United Nations.15
As we see explanations and opinions vary, but they all agree upon the fact that
peacekeeping itself does not involve any enforcement action: indeed the peacekeeping
troops are not designed to affect the military balance in the specific area, meaning the
placement of interposition forces between conflicting parties (which is different from
unarmed observer forces).16
For the peacekeeping missions to be crowned with success it is indispensable to
respect the three principles which stay on its basis. Here we speak about the Trinity of:17
11
Ibid.
Nicholas Tsagourias, ”Consent, Neutrality/Impartiality and the Use of Force in Peacekeeping: The
Constitutional Dimension,” in Journal of Conflict and Security Law, Vol. 11, no. 3, ( Winter 2006): 468,
accessed May 04, 2014, http://jcsl.oxfordjournals.org/content/11/3/465.full.
13
United Nations Department of Peacekeeping Operations (UNDPO), ”United Nations Peacekeeping
Operations, Principles and Guidelines,”, approved by J. – M. Guehenno on 18th of January, 2008, 17,
accessed April 23, 2014, http://pbpu.unlb.org/pbps/Library/Capstone_Doctrine_ENG.pdf.
14
Major D. M. Last, “From Peacekeeping to Peacebuilding Theories Cases, Experiments and Solutions,”
Royal Military College Working Paper, Kingston, Ontario, (May 1999): 6, accessed 10 January 2014,
www.rmc.ca/academic/poli-econ/last/pkpb-rmc-r4.pdf, the link is not functional.
15
“An Agenda for Peace, Preventive Diplomacy, Peacemaking and Peace-keeping,” Report of the
Secretary-General pursuant to the statement adopted by the Summit Meeting of the Security Council on 31
January,
A/47/277-S/24111,
17
June
1992,
5,
accessed
April
23,
2014,
http://www.unrol.org/files/a_47_277.pdf.
16
P. F. Diehl, “A Permanent UN Peacekeeping Force ...,” 28.
17
UNDPO, „United Nations Peacekeeping Operations...,”17.
12
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1) Consent of the parties: every peacekeeping operation must be implemented in a
region only after having the approval of the conflicting parties. If this consent is
not given, or it is forced out by using some political, economical or military
pressure, the operation itself risks becoming an active participant in the conflict,
this way exceeding its initial intrinsic role of peacekeeping.
2) Impartiality/Neutrality: is the second pillar of the peacekeeping operations
underlining the fact that those empowered with the application of peacekeeping
operations always have to be objective and impartial in their dialogue with the
conflicting parties.
3) Use of force only for self-defence: this principle refers to the fact that those
operations which were entrusted with peacekeeping do not represent enforcement
measures; the only way of using force is on tactical level. Although by conferring
to peacekeeping operations “robust mandates” the Security Council gave its
approval for using all the necessary means to prevent the destruction of the
political and peace process, protecting at the same time the civil population from
an imminent physical attack, assisting to the maintenance of the rule of law by the
local authorities. It is elementary to know that soldiers participating in a UN
peacekeeping mission can only use force as a last mean, when every other
peaceful enforcement and pressure tools and means have been exploited.
Living with the words of the former UN Secretary-General, Boutros Ghali the
respect and honour of this Trinity of principles are essential for a positive end of every
peacekeeping operation, this being valid for the subject of our research, for the
peacekeeping mission from Kosovo.18
General legal basis of peacekeeping operations
Reading these lines one may wonder, yes we know what a peacekeeping
operation means, how did it appear and after which principles is guided, but we don’t
know who and what law provides the legal background to the United Nations that allows
the creation and the deployment of such forces in various countries of the world?
The International Community, together with the UN, affirms the responsibility to
use all the necessary diplomatic and humanitarian means, in straight accordance with the
7th and 8th Chapter of the UN Charter to provide help for the local civilian population,
protecting them from genocide, war crimes giving birth to the doctrine of responsibility
to protect.19
Before drawing any type of conclusion it is necessary to acknowledge the fact that
the term “peacekeeping” appears nowhere in the “so called” UN Constitution (or UN
Charter), and that the debates regarding its legality have reached to be an important
United Nations General Assembly, “Supplement to an Agenda for Peace: Position Paper of the SecretaryGeneral on the Occasion of Fiftieth Anniversary of the United Nations,” Report of the Secretary-General of
the Work of the Organization, A/50/60 – S/1995/1(1995), Art. 33, accessed May 01, 2014,
http://www.un.org/documents/ga/docs/50/plenary/a50-60.htm.
19
Susan C. Breau, „The Impact of the Responsibility on Peacekeeping,” in Journal of Conflict and Security
Law,
Vol.
11,
no.
3,
(January
2007):
430,
accessed
April
28,
2014,
http://jcsl.oxfordjournals.org/cgi/content/abstract/11/3/429
18
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subject on the agenda of the International Court of Justice, which categorically refused to
identify a specific article as the legal basis of the peacekeeping operations. Of course like
everything in this world, this problem also can be interpreted in different ways, and the
United Nations and other competent international actors construe the issue for their own
benefit. Although Article 2(7) prohibits the United Nations to intervene in the domestic
affairs of a country, but at the same time fails to identify which these domestic affairs in
concern would be.20
Article 24 from Chapter VII of the UN Charter empowers the UN Security
Council with the primary responsibility to maintain peace and international
security.21According to Article 39 the Security Council when it apprehends a possible
threat to peace, violation of peace or act of aggression, can apply some means, like the
total break of diplomatic relations, embargos and even the use of force, if it’s necessary.22
The possibility of deployment of cross-border forces lies in the Article 51 which even
recognizes the inherent right of individual or collective self-defence in the case of an
armed attack against one member of the UN.23
After the analyses of these judicial aspects of the peacekeeping operations it’s up
to the reader to decide whether the United Nations possesses enough rights to deploy
peacekeeping troops in the sensitive and insecure parts of the world. However one thing
is certain, the fact that international legitimacy is one of the most important foundation of
UN peacekeeping operations, deriving from the fact that it came into existence only after
getting an authorization from the Security Council, of which most important and primary
responsibility is to maintain the world peace and balance.
The Kosovo crises and the road which was paved with the blood of the
innocent
Before deciphering the peacekeeping operations in Kosovo it is proper to reveal
the causes which led to the eruption of the war, after which the international presence was
absolutely necessary. For many is not a surprise to hear that the territory of Kosovo has
been a subject of dispute between the Serb and Albanian for many centuries, the roots of
the conflicts dating back to the medieval period.24
For most of the 20th century the Serbs have been in a minority in Kosovo, in 1912
Serbia annexed the province, this act being recognized by the Treaty of Versailles in
1918. After the end of the 2nd world conflagration Josip Broz Tito the leader of the
Federal Republic of Yugoslavia, became the ruler of the autonomous province of
Kosovo, which at that precise moment compiled as an integral part of the federation.
Gareth Evans, Mohamed Sahnoun, “The Responsibility to Protect,” Report of the International
Commission on Intervention and State Sovereignty, Ottawa, Published by International Development
Research Centre, 2001, 47, accessed May 06, 2014, http://responsibilitytoprotect.org/ICISS%20Report.pdf.
21
Ibid.
22
United Nations, “A More Secure World: Our shared responsibility,” Report of the High-level Panel on
Threats, Challenges and Change „”2004, Part 3, 62, accessed May 07, 2014,
http://www.un.org/en/peacebuilding/pdf/historical/hlp_more_secure_world.pdf .
23
Ibid., 63.
24
Hugo Beach, ”Interventions and Just Wars: The Case of Kosovo,” in Studies in Christian Ethics, Vol. 13,
no. 2, (August 2000): 17, accessed April 23, 2014, http://sce.sagepub.com/cgi/reprint/13/2/15.
20
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Based on a very crafty diplomacy, Tito was able to quell every nationalist and separatist
movement, preventing every constitutive element of the federation to gain dominance
over the other.25 With the Constitution of 1974, which gave a larger autonomy to the little
province from the heart of the Balkans, he gained respect and prestige amongst the
Albanian speaking population.26
The Serbian nationalism never managed to swallow the provisions of the
Constitution of 1974, considering that the Titoist leadership with this “ustav”27 crumbled
Serbia in 3 parts (Serbia, Voivodina and Kosovo), making possible the birth of a new
Albanian country inside the body of the holy Serbian state. Their claims have found
justification in the phenomenon of the ‘Albanianisation’ of the region, which precisely
can be dated at the time of the extended autonomy, almost tripling the number of the
Albanian population, increasing from 480.000 (1948) to 1.227.000 in 1981.28 This
‘Albanianisation’ policy forced many Serbs to leave the region, complaining of
discrimination, but in reality it was caused by economic reasons (low life standards),
reducing the Serbs share to less than 10%. If we can give credit to numbers of the
scholar, Carl Savich during 1971-1988 an estimated number of 128.000 had left the
province, migrating beyond the borders.29
In 1986-87 Slobodan Milosevic rose to power in Serbia on the back of Serb
grievances against those who speak the language of the eagles ‘sqip’ 30 in Kosovo. His
objective of creating Great Serbia by reintegrating the autonomous regions in the body of
Serbia was succeeded on 28th of March 1989, when he revoked the Albanian autonomy
putting the province under the vigilant eyes of the Serbian central government.31 He
installed “draconian rules”, banning the Albanian language in schools and offices, firing
Albanian speaking officials from the government, depriving the common people from
access to state run educational and health institutions.32 To counteract the despotic rule of
Milosevic, in 1992, under the moderate, pacifist leadership of Ibrahim Rugova a strategy
of passive resistance was adopted, with the creation and the setting up of a parallel state;
also new constitution was proclaimed and elections were held.33The role of this ‘shadow
government’ was to stimulate the feelings of national unity and to forestall the attention
of the international community in a non-violent manner over the abuses and atrocities
committed by the Serbian authorities against the civilian Albanian community.34
Unfortunately for the international community the Kosovo issue till 1998 was of a
secondary importance, the problem of the little region from the Balkans missing from the
25
László Szabó, A koszovói válság [The Kosovo Crisis] (Budapest: Honvéd Kiadó, 1999), 8.
Carl. K. Savich, “The Kosovo Crisis: Origins and History,” 2000, accessed April 24, 2014,
http://www.rastko.rs/kosovo/istorija/csavich-kosovo_crisis.html.
27
Meaning constitution
28
Miranda Vickers, Between Serb and Albanian. A History of Kosovo (New York: Columbia University
Press, 1998), 195.
29
Carl K. Savich, “The Kosovo Crisis…”.
30
Kosovar Albanian
31
Lenard J. Cohen, “Post-Federalism and Judicial Change in Yugoslavia: The Rise of Ethno-Political
Justice, in International Political Science Review, Vol. 13, no. 3, (July 1992): 313, accessed May 04, 2014,
http://ips.sagepub.com/cgi/content/abstract/13/3/301, pp. 301-319.
32
Stephen Schwartz, Kosovo: Background to a War (London: Mark Hegarty Anthem Press, 2001), 129.
33
Hugo Beach, “Interventions and Just Wars...”, 17.
34
László Szabó, A koszovói válság..., 10.
26
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day to day agenda of the big world superpowers, these agreeing on the fact that the
Kosovo question was an internal affair of Serbia, and because of this specific reason its
involvement would be inappropriate and illegal.35
In 1995, however, the Dayton Agreement recognized Serbia and Montenegro as
the new Yugoslavia, within existing boundaries, with no special recognition for the status
of Kosovo. Arguably this was a great opportunity missed, fostering the dissatisfaction of
the Albanian speaking Kosovar population, culminating in the switch of allegiance from
the strategy of passive resistance to the Kosovo Liberation Army or UCK( Ushtria
Klirimtare e Kosoves), a sort of terrorist group, using guerilla tactics, seeking secession
by violent means.36
By 1998 the scale of violent incidents initiated by the KLA in the Drenica and Pec
region had brought heavy-handed reprisals by the Yugoslav security forces.37The
extensive investigation of the Human Rights Watch revealed that these events have
constituted a ‘crucial moment’38 in the so called Kosovo crises.
As an answer, the Security Council imposed an arms embargo on the area by the
UN Resolution 1160, sanctioning the Federal Republic of Yugoslavia, but during the
summer of 1998 the scale of violence increased.39 In September the Security Council
called for a cease-fire to end the violence by UN Resolution 1199 and a month later it
established an international supervision in the region under the auspices of the
Organization for Security and Cooperation in Europe (OSCE).40 The OSCE Verification
Mission, an international team of 2000 civilian observers received green light to
supervise the cease-fire, to protect the human rights of every ethnic group from Kosovo,
and also to investigate the possible violations of these rights.41
In January 1999 Yugoslav security forces executed some 45 Albanian civilians at
Racak using the pretext of destroying a KLA terrorist nest. Later the international
observer groups proclaimed the events as a bloody massacre, succeeding this way to
awake the faded attention of the international public opinion.42
As a last measure for calming the spirits can be identified the peace conference
convened at Rambouillet under the joint chairmanship of the 2 most distinguished
members of the Contact Group43, United Kingdom and France, which held sessions
between 16-23 February and 15-19 March. The aim of this conference was to manage to
put the conflicting parties in front of a negotiating table and to forge a compromise,
35
József Juhász, István Magyari, Péter Tálas, LászlóValki, Koszovó egy válság anatómiája [Kosovo, the
Anatomy of a Crisis] (Budapest: Osiris Kiadó, 2000), 52.
36
András Borsányi, A Koszovói Felszabadítási Hadsereg (UCK) rejtélye [The Enigma of the Kosovo
Liberation Army] (Budapest: Bona-L Bt, 2000), 47.
37
Independent International Commission on Kosovo, “The Kosovo Report,” Oxford, Oxford University
Press,
Oxford,
2000,
68,
accessed
April
12,
2014,
http://reliefweb.int/sites/reliefweb.int/files/resources/6D26FF88119644CFC1256989005CD392thekosovoreport.pdf.
38
Ibid.
39
László Szabó, A koszovói válság...,. 27.
40
Hugo Beach, “Interventions and Just Wars...”, 17.
41
László Szabó, A koszovói válság...,. 30-31.
42
“The Kosovo Report”, 83.
43
UK, France, Italy, Germany, USA, Russia.
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whereby the Albanians were promised enough freedom to persuade them to stop the
fighting, while the Serbs were reassured that the province would remain part of Serbia.
By the 19th of March the Albanian representatives had accepted the Rambouillet
proposals, but the Serbs never did so, instead of reaching an accord, Milosevic continued
to pull heavy weapons in the province.44On the 22nd of March the American special
envoy, Richard Holbrook delivered an ultimatum to Milosevic which was rejected. The
OSCE Verification Mission withdrew its members and on the following day the NATO
air strikes began. The ensuing campaign which lasted for 78 days was code named
Operation Allied Force.45
This NATO campaign can be considered a total success, because on the 9th of
June 1999 at Kumanovo, Milosevic accepted the retreat of all Serbian military and
paramilitary forces from the province, giving relay to some international troops lead by
the North Atlantic Organization.46 However accepting the earned values of the Operation
of Allied Force, many scholars argue and put under a question mark the legality of this
military intervention. Their doubts find a certain type of justification in the inexistence of
an authorization of the UN Security Council at the beginning of the air campaign. Article
53 from Chapter 7 of the UN Charter seems to give foundation to their grievances,
because it clearly affirms that no type of enforcement actions can be taken by regional
agencies or actors without possessing an authorization from the UN Security Council.47
The question of legality, morality and also the dilemma of the so called
humanitarian intervention in Kosovo have become one of the ‘open ended’ discussions
inside the groves of international politics, on which researchers and analysts hardly will
reach to an agreement.
The international presence in Kosovo, peacekeeping operations and various
missions
After the end of the air campaign, the United Nations Security Council adopted
Resolution 1244, elaborating the principles after which the province had to be
reconstructed and administrated. One of the most important provisions of this document
which refers to authorization given by the UN Security Council to relevant member states
and international organizations to establish the international security presence in the
region with the substantial presence of the North Atlantic Organization, empowering this
44
József Juhász et. al., Koszovó egy válság anatómiája, 200.
Hugo Beach, “Interventions and Just Wars...”, 17.
46
Enrico Milano, “Security Council Action in the Balkans: Reviewing the Legality of Kosovo’ s Territorial
Status,” in European Journal of International Law, Vol. 14, no. 5, (2003): 1001, accessed April 23, 2014,
http://ejil.oxfordjournals.org/cgi/content/abstract/14/5/999.
47
Niels Blokker, “Is the Authorization Authorized? Powers and Practice of the UN Security Council to
Authorize the Use of Force by ’Coalitions of the Able and Willing’,” in European Journal of International
Law,
Vol.
11,
no.
3,
(2000):
551,
accessed
April
23,
2014,
http://ejil.oxfordjournals.org/cgi/content/abstract/11/3/541.
45
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international presence to use all the necessary means for providing a safe and secure
environment, facilitating the return of refugees and of all the displaced persons.48
The reconstruction of the region devastated by the war was designed on 4 pillars:
the United Nations was charged with administrative tasks; the UNHCR (United Nations
High Commissioner for Refugees) as even its name reveals was made responsible with
the reallocation of all the displaced persons, while the OSCE was envisioned to take care
of the process of ‘democratization’ of the region, emphasizing on the protection of human
rights in an impartial manner, for every ethnic group, and last but not the least the
European Union was charged with the economic recovery.49 As a 5th non-official pillar
steps on the stage KFOR or the NATO Kosovo Force, responsible for the creation of a
security milieu, without being tied or subordinated in any way to the United Nations
Interim Administration Mission. Amongst these international actors a strong cooperation
was needed and each of them was driven by the same goal of setting up a functioning
security and legal system which can be self-sustainable.50
The most important from these international actors, constituting the main theme
of our research is KFOR. We must know that the first KFOR contingents arrived in the
region on the 12th of June 1999, reaching until 2001 a number of 50.000 troops.51These
NATO effectives represent the multi-dimensional form of the peacekeeping operations,
deployed in post-conflict zones, including a mix of strategies, like military, civilian and
police capacities, aimed at building a sustainable environment through the
implementation of a peace accord. Other analysts identify the NATO troops from Kosovo
as forming part of the ‘second generation’52 of peacekeeping.
At the beginning of the post-conflict operation KFOR was divided into 5
Multinational Brigades, splitting the province into 5 sectors of control. Each one of these
brigades named a military officer with enough high rank to become the commandant of
these multinational brigades. The Supreme Commandment was established in Pristina,
and the other 5 regional Brigades were lead at North by the French, Italians (NorthWest), by the British in the centre, Germans ruling the South-West of the province and
the remaining South-East sector was put under a tight American control.53 The problem
with this division was that inside every brigade each nation has developed its own
Michael J. Matheson, “United Nations Governance of Postconflict Societies,” in The American Journal
of International Law, Vol. 95, no. 1, (January 2001): 79, accessed May 02, 2014,
http://www.jstor.org/pss/2642038.
49
Andreas Heinemann-Grüder, Igor Grebenschikov, “Security Governance by Internationals: The Case of
Kosovo,” in International Peacekeeping, Vol. 13, no. 1, (2006): 44, accessed May 04, 2014,
http://www.informaworld.com/smpp/content~content=a741534984~db=all~order=page.
50
Ibid.
51
Organizaţia Tratatului Nord Atlantic, Manualul NATO [NATO Manual] (Bruxelles: Office of Information
and Press NATO, 2001), 87.
52
László Z. Kiss, Lessons of the Kosovo War Dilemmas Regarding Abilities of NATO and the EU to
Manage National and Ethnic Conflicts in Central and South-Eastern Europe (Budapest: PXP, 2001), 18.
53
Thomas S. Sowers, “Beyond the Soldier and the State: Contemporary Operations and Variance in
Principal-Agent Relationships,” in Armed Forces & Society, Vol. 31, no. 3, (2005): 387, accessed May 12,
2014, http://afs.sagepub.com/cgi/content/abstract/31/3/385.
48
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identity and work agenda, fact that many times led to serious controversies between these
nations.54
It is important for us to know that beside its administrative role, from 2003 the
UNMIK was charged with other responsibilities as well, various Civilian and Military
Police Units joining its structure, which hand in hand with the NATO military forces had
initiated and carried out operations which envisioned security aspects. 55 The UNMIK
Police was empowered to lead investigations, to arrest and patrol in zones of high risk,
alone or accompanied by the KFOR troops. Perhaps the uniqueness of this peacekeeping
operation lays in the fact that these previously enumerated tasks are absolutely new for
some units that form part of an organization empowered to carry out the administrative
duties of the province.56
Focusing attention on the initial mandate of the Kosovo peacekeeping forces, we
realize that it did compress many activities of which we will list only the most relevant
ones, like preventing the renewal of the hostilities by creating a safe environment for all
the citizens, without taking account of their national membership, contributing to the
demilitarization of the KLA, providing at the same time support for the international
humanitarian efforts.57 If we dig even deeper we acknowledge that between the
obligations of the Kosovo peacekeeping troops appear some actions which facilitate the
return of refugees and displaced persons, medical assistance, protection of minorities and
cultural patrimonies, nonetheless border control and the deactivation of war mines.
A special attention is granted to the protection of minorities, this including regular
patrols, in the minority enclaves, check points, and escorts for minority groups. After
checking the research material we whiteness the tremendous efforts undertaken by the
security forces every day for laying the foundations of a safe zone for all the civilians, to
enjoy finally a normal life, a life of which they were deprived for many years.58
To honour their responsibility they undertook daily over 800 patrols, guarding
more than 550 key objectives and supervising over 250 vehicle check points. If we can
give credit to the statistics each day 2 of 3 soldiers were engaged in security operations.59
The failure of those who maintain peace
Due to the large number of international organizations present in Kosovo, many
times the security responsibilities were overlapping and were not clearly defined, driving
to controversies among these actors. One might identify this situation with famous
proverb in which the child, which in our case is Kosovo, remains lost between midwifes,
which are the international organizations.
Clive Baldwin, “Implementation through Cooperation? Human Rights Officers and the Military in
Kosovo 1999- 2002,” in International Peacekeeping, Vol.13, no .4, (December 2006): 492, accessed May
06, 2014, http://www.informaworld.com/smpp/content~content=a767881404~db=all~order=page.
55
A.ndreas Heinemann-Grüder, Igor Grebenschikov, “Security Governance by Internationals...,” 44.
56
Katarina Månsson, “Cooperation in Human Rights: Experience from the Peace Operation in Kosovo,” in
International Peacekeeping, Vol. 8, no. 4, (2001): 119, accessed May 12, 2014,
http://www.tandfonline.com/doi/abs/10.1080/13533310108413923?journalCode=finp20#.VMk_eiyjuIQ.
57
KFOR Official Homepage, “Kosovo Force,” accessed April 12, 2014, http://www.aco.nato.int/kfor.aspx.
58
Clive Baldwin, “Implementation through Cooperation...,”493.
59
Manualul NATO, 86.
54
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First we must speak about the lack of cooperation between the different
Multinational Brigades, every leading nation stepping on the road established by itself, at
many times culminating with conflicting arrangements and contradictory agendas.60
The first failure of those who keep the peace can be identified the incapability of
the KFOR military troops together with the UNMIK Police Units to forestall the
escalation of violent attacks against the non-Albanian community (in majority Serbs,
Gypsies, and Slav Muslims), some members of the kosovar Albanian community were
being accused of ‘collaboration’ 61against the Serbs. According to the statistics provided
by the UNMIK officials, around 271 Serbs were killed, and about 650 were missing, not
much time after the end of the war. Espen Eide and Tor Holm have noticed that the “lack
of a concrete official response had driven to even more violence, assassinations and
criminal activities, meanwhile reducing the feeling of security”.62
Reading the provisions of the 1244 Resolution we find the demobilization and
demilitarization of the well known Kosovo Liberation Army. If we dig deeper we won’t
find the wanted results in this case, because KFOR and UNMIK not just didn’t carry on
the demilitarization mission, but even more they have permitted this guerrilla and
terrorist group to resurrect from its ashes as phoenix bird, reorganizing itself in a new
military force, the Kosovo Protection Corps.63
While for the international community the creation of the KPC was a matter of
compromise, for the kosovar Albanian people it represented the nucleus of a future
Albanian army. The commanders of the peacekeeping forces agreed on that it’s more
advantageous for the peacekeeping process to have the former KLA members “in the
KPC, than in the mountains and uncontrolled.”64 Relations between the KPC,
respectively UNMIK/KFOR remained cordial until 2000-2001, when the ties between the
two entities have began to degrade, mostly due to the appearance of such founded
rumours about high ranked KPC officers involved in organized crime, and in terrorist
attacks against the Serbian minorities.65
By 2000 the safety has deteriorated in Kosovo, especially in the region of the
mixed city of Mitrovica. To improve the situation it was appealed to the introduction in
the judicial system of international judges, increasing at the same time the tasks of KFOR
in justice and detention matters. This step had a negative effect on the peace process
Robert Muharremi, Lulzim Peci, “Administration and Governance in Kosovo: Lessons Learned and
Lessons to be Learned, Pristina/Geneva: Centre for Applied Studies in International Negotiations
(CASIN),
2003,
22,
accessed
May
12,
2014,
http://www.google.ro/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCwQFjAA&url=http%3A
%2F%2Fmercury.ethz.ch%2Fserviceengine%2FFiles%2FISN%2F20287%2Fipublicationdocument_single
document%2F1120fa74-152f-497d-9dd25dca443a42bf%2Fen%2F01.2003.pdf&ei=F0HJVOTDGsP2UpSJgcAL&usg=AFQjCNHOuWtrN_ElfVpt0
UsnWEYgYiNa5A&bvm=bv.84607526,d.bGQ.
61
Andreas Heinemann-Grüder, Igor Grebenschikov, “Security Governance by Internationals...,”44.
62
Espen B. Eide, Tor T. Holm, “Postscript: Towards Executive Authority Policing? The Lessons of
Kosovo,” in International Peacekeeping, Vol. 6, (1999): 218, accessed May 12, 2014,
http://www.informaworld.com/smpp/content~content=a784170956~db=all~order=page.
63
Sven G. Simonsen, “Building "National" Armies-Building Nations?: Determinants of Success for
Postintervention Integration Efforts,” in Armed Forces & Society, Vol. 33, no. 4, (July 2007): 581, accessed
May 02, 2014, http://afs.sagepub.com/cgi/content/abstract/33/4/571.
64
Andreas Heinemann-Grüder, Igor Grebenschikov, “Security Governance by Internationals...,”44.
65
Ibid.
60
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causing a serious damage in the prestige of the peacekeepers, because of the so called
‘extra-judicial’, illegal detentions undertaken by the American troops of KFOR. From
2001 they have began to arrest Albanian people accused of attacks against the minority
groups, without having sufficient proves and evidences. These illegal detentions from
Camp Bondsteel have awakened the attention of the OSCE observers, whose primary
mission was to protect human rights, and to forestall any action that might violate these
rights.66 But instead of ending these illegal detentions, the American troops had even
gone further, when they began to arrest Albanians who were released before by the
international judges, using the pretext of finding new incriminating evidence.67
Analyzing all the facts we have reached the conclusion that the first major test to
which the peacekeeping forces were exposed can be identified with the ethnic riots from
March 2004. The ethnic riots broke out on the 17th of March based on allged pretexts,
about one Serbian boy assassinated by Albanians, and 3 Albanian boys drown in the
River Ibar. The crises erupted in the divided city of Mitrovica and lasted for 2 days, time
in which all the province transformed into an alarmed vespiary. 68 The destructions were
giant, villages burnt till the ground, houses destroyed, not to mention the loss of innocent
lives. In the village of Svinjare all the 137 Serbian houses were made equal with the
ground, while the Albanian houses have remained intact. To calm down the spirits 3500
more troops were sent to the region, unfortunately not with great success. From the
objective reports realized by the Human Rights Watch we acquire precious information
about the incompetency of the French, Italian and mostly German troops, which have
failed to carry out their duty. In their way to Svinjare village the rioted Albanian mass
have passed in front of a French base, which didn’t move one finger to help to alarmed
Serbian minority, witnessing the burning of their own homes.69
At Prizren the German troops were surrounded and had to surrender in front of the
Albanian crowd which destroyed the Monastery of the Archangels, an orthodox
architectural masterpiece from the 14th century. The peacekeepers have justified their
behaviour hiding behind the 3rd principle of peacekeeping operations, namely the use of
force only for self-defence. If we look at the principle we might find justification for their
acts, but as human beings we must put the question if it was not possible and proper
another interpretation of this pillar. The Human rights observer underlines some possible
causes for the incapacity and failure of the peacekeeping forces, affirming that mostly the
lack of preparedness and coordination between the security forces can be blamed for this
action of mismanagement.70
As we can notice, March of 2004 signifies a milestone concerning the prestige
and credibility of UNMIK and KFOR. The two days of chaos undoubtedly constitute a
major setback for the international civil and security presence in the region. It is not our
task to blame someone, or to try to take someone out of the great burden of responsibility,
our duty is to analyze and to reproduce the events as impartially as possible.
Clive Baldwin, “Implementation through Cooperation...,”493.
Ibid.
68
Andreas Heinemann-Grüder, Igor Grebenschikov, “Security Governance by Internationals...,” 44.
69
Human Rights Watch, “Failure to Protect: UNMIK and KFOR’s Inability to Protect the Serbs and other
Minorities,”Vol.
16,
No.
6,
(2004):
1-2,
accessed
May
12,
2014,
http://www.hrw.org/reports/2004/kosovo0704/kosovo0704.pdf.
70
Ibid., 24.
66
67
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After this failure we assist to the appearance of certain actions which envisioned
the reconstruction of the security presence in the region. In 2005 it took place a huge
transformation of the KFOR structure, replacing the Multinational Brigades with 5
Multinational Task Forces, between which existed a better communication and
coordination of actions, than it was in its predecessor’s case.71
Maybe this first exam which was not promoted with brio by the peacekeepers
served as a lesson to coordinate better their activities, tightening the collaboration, not
forgetting even for one moment the main reason for their presence in the region. The
2008 events from February and March after proclaiming the independence of the
province have shown that the collaboration between the various organs is much better,
succeeding even to end the Serbian riots without civilian victims, not allowing the
tensions to escalate at the level of the chaos 4 years before.72
Although many years have passed since 1999, nowadays KFOR is still operating
in the region, showing that its presence it’s still needed. Since then things have
normalised and also the EU is very committed to provide security in its neighbourhood,
launching the EULEX (European Union Rule of Law Mission in Kosovo), the largest
civilian mission under the Common Security and Defence Policy. The main goal of this
mission is to assist and support the Kosovar authorities in matters concerning the rule-oflaw. EULEX is a technical mission, aimed at monitoring and advising, enjoying only a
number of limited executive powers, working under the United Nations Security 1244
Resolution 1244.73Also on the 19th of April 2013 the former High Representative of the
Union for Foreign Affairs and Security Policy, Catherine Ashton had successfully
mediated between Serbia and Kosovo, managing to hammer a settlement between
Serbia's Prime Minister Ivica Dačić and Kosovo’s Prime Minister Hashim Thaçi.74
Conclusions
At the end of this little bypass everyone should put the question, whether the
peacekeeping mechanism itself it’s necessary and the peacekeeping operations in Kosovo
have ended with the expected result.
Well, in our opinion to give a clear and objective answer it’s not so easy, nor the
things in life are only black and white, somewhere exist a golden middle path. That’s
why this research won’t provide the reader with a straight answer, because that would be
no more than an irresponsible hazardous game, when even the most illuminated and
initiated minds in the field of peacekeeping go no further than some very careful
hypothetical presumptions. It is better to leave everyone to make its own conclusions
after reading this paper.
71
KFOR Official Homepage.
BBC News, “Kosovo riots ’were orchestrated’,” 18 March 2008, accessed May 12, 2014,
http://news.bbc.co.uk/2/hi/europe/7303792.stm .
73
European External Action Service, “EULEX European Rule of Law Mission in Kosovo,” accessed April
29, 2014, http://www.eulex-kosovo.eu/en/front/.
74
European External Action Service,“Serbia and Kosovo reach landmark deal,” accessed April 29, 2014,
http://eeas.europa.eu/top_stories/2013/190413__eu-facilitated_dialogue_en.htm.
72
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Although one thing is sure that the events from the beginning of 2008, have
shown that the presence of the peacekeeping forces it’s still an elementary necessity, and
they will continue to be present in the region, till the moment when the Serbian and
Albanian will pass above the fragility of their interactions, and will learn to coexist
peacefully with each other in a state of good, in a state where dominates the rule of law,
and where human interactions are not measured in religious or ethnic membership.
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