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Resolution 1244 provides no legal basis for sending EU mission to Kosovo
Belgrade/Freiburg,
6 February 2008
Legal advisor to the Serbian state team for negotiations on the status of Kosovo-Metohija and Director of the Swiss Institute of Federalism Thomas Fleiner rejected the arguments of European officials that legal ground for sending an EU mission to Kosovo could be found in Article 10 of the UN Security Council Resolution 1244.
Fleiner said in a statement to Tanjug news agency that Article 10 of Resolution 1244 authorises the UN Secretary-General to establish an international civil presence in Kosovo with the assistance of relevant international organisations to provide an interim-administration under which the people of the province could enjoy substantial autonomy within the Federal Republic of Yugoslavia.
He explained Serbia is the legal successor of the Federal Republic of Yugoslavia and that if Kosovo proclaims independence it will reject Resolution 1244 as it does not want substantial autonomy.
According to him, this means that every international mission in Kosovo must be associated with the substantial autonomy of the province and by no means with the possible and probable proclamation of independence.
The EU has made it clear that it wants to send its mission to prepare for the independence of Kosovo, which would represent a clear violation of Article 10 of Resolution 1244, Fleiner explained noting that this resolution demands full cooperation with the Federal Republic of Yugoslavia, i.e. Serbia, in its implementation.
When Kosovo becomes an independent state illegally, the states that cooperate in the implementation of the Resolution will no longer have a partner to cooperate with, he concluded.
He explained Serbia is the legal successor of the Federal Republic of Yugoslavia and that if Kosovo proclaims independence it will reject Resolution 1244 as it does not want substantial autonomy.
According to him, this means that every international mission in Kosovo must be associated with the substantial autonomy of the province and by no means with the possible and probable proclamation of independence.
The EU has made it clear that it wants to send its mission to prepare for the independence of Kosovo, which would represent a clear violation of Article 10 of Resolution 1244, Fleiner explained noting that this resolution demands full cooperation with the Federal Republic of Yugoslavia, i.e. Serbia, in its implementation.
When Kosovo becomes an independent state illegally, the states that cooperate in the implementation of the Resolution will no longer have a partner to cooperate with, he concluded.
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