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The Government of the Republic of Serbia

In the service of citizens

Transfer of jurisdiction from UNMIK to EULEX illegal

Belgrade, 18 August 2008

The Serbian Ministry for Kosovo-Metohija stated today regarding the expected signing of a memorandum between the UNMIK and EULEX, that the process of the reconfiguration of UNMIK, without Belgrade’s consent and the UN Security Council, violates Security Council Resolution 1244, the UN Charter and other norms of international law, as well as the Serbian Constitution.

According to the statement issued in response to an announcement that the aforementioned memorandum of understanding will be signed today to determine details of the role of the EULEX mission on the entire territory of Kosovo-Metohija, transfer of jurisdiction from UNMIK to EULEX, which is in the province without UN backing, would be illegal and an absolute violation of the principles and practice of UN peace-keeping missions.

The Ministry for Kosovo-Metohija stressed that the Serbian government and state institutions do not recognise the jurisdiction of EULEX, which aims to implement Ahtisaari’s rejected plan for monitored independence for Kosovo, over any part of the territory of the southern Serbian province which is under the interim administration of UNMIK, in line with Resolution 1244 since 1999.

The signing of a memorandum between UNMIK and EULEX without Security Council approval will be yet another illegal act, following the entry of UNMIK police into the Kosovska Mitrovica court building on March 17, which led to clashes with tragic consequences.

Due to this, the Ministry calls on all sides, particularly the Special Representative of the UN Secretary General, to respect Security Council decisions and not to overstep the authority of the UN mission in Kosovo.

Serbia wishes to be part of the solution and because of this is committed to respecting Resolution 1244 and all agreements with UNMIK, and will negotiate with UNMIK, as the only legitimate negotiating side in the province, to find an acceptable and viable solutions in the future as well.

The Ministry is willing to immediately continue talks with UNMIK on modalities of international civilian presence in Kosovo leading to a result based on compromise and acceptable to all sides, approved by the Security Council, the implementation of which would stabilise the situation in Kosovo and make it possible for institutions to function normally for the well being of all the people in the southern Serbian province, concludes the statement.