Monday, December 19, 2011

Kosovo: A Short Note on EULEX FOM

EULEX Chief Xavier Bout de Marnhac has been speaking to the press about the need for the northern Kosovo Serbs to take down their barricades and give EULEX complete freedom of movement (FOM).  He reportedly said that there should be "permanent and unconditional access for everyone, including EULEX and international organisations."  FOM, he added, is an "absolute prerequisite for effective rule of law throughout Kosovo, which we are trying to achieve."

General de Marnhac served previously in Kosovo as head of the French NATO force responsible for the north and as commander of KFOR.  He knows the situation in the north well and so far has kept EULEX out of direct confrontation with the local Kosovo Serbs there.  But EULEX has stubbornly refused to commit itself to status neutral peacekeeping in line with its 2008 assumption of the UN's responsibility for rule of law in Kosovo.  De Marnhac's comments leave open the question of whose rule of law EULEX is trying to spread through the north and whether "everyone" to be granted FOM includes Kosovo Albanian police and customs officials.  It light of EULEX's apparent effort to use the recent Russian convoy episode to sneak such officers to the northern Gates, what de Marnhac said and didn't say is unlikely to convince the northerners to drop their guard.

So far EULEX has not embraced the peace proposal offered by the northern Kosovo Serbs.  It would be unfortunate if de Marnhac's comments now are the only answer the northern mayors will receive - simply a further demand to surrender.  It remains difficult to avoid the conclusion that both KFOR and EULEX are acting within a policy based not on their UN mandate but unilateral decisions by the Quint.  Peacekeepers acting illegally unfortunately risk more conflict.

BTW, German Chancellor Merkel is visiting Kosovo today and will reportedly also be visiting German NATO troops there.  If she travels north to meet the German troops there, will she take the time to meet the locals there too?  Or at least to Trepca where the Germans got the batteries for their tanks in WWII?