Celic: EULEX is unpopular in Pristina because it has retained some executive powers

Associate Professor at the Faculty of Law at the University of North Mitrovica, Dusko Celic, told Kosovo Online that the existence of EULEX is highly significant in many ways, and that its unpopularity among Kosovo politicians is likely due to the fact that it still holds certain executive powers, even though they have been significantly reduced.

He states that both EULEX and UNMIK are “a thorn in the side” of the Albanian political leadership in Kosovo and Metohija for several reasons, primarily because both missions originated from UN Security Council Resolution 1244.

He recalls that in 2011, UNMIK’s mandate was effectively reduced to a kind of observer mission, while EULEX received a portion of the executive powers that UNMIK had previously held, and has retained them to this day.

“EULEX is what we call a ‘second security circle.’ In other words, if it is assessed that the so-called Kosovo Police lacks the capacity, strength, or logistics to resolve a security issue, then EULEX steps in. That is one aspect of its executive authority. Another aspect, which may currently be the most important, is that EULEX directly implements the orders of the Specialist Chambers in The Hague for war crimes committed in Kosovo in 1998 and 1999. EULEX provides police support to the Specialist Chambers, not the so-called Kosovo Police,” Celic emphasizes.

The third component of EULEX’s authority, he adds, is its oversight role in more complex judicial cases within the field of criminal law, as well as in cases involving local courts trying war crimes.

“In truth, EULEX has not distinguished itself in this area. We have seen random arrests, numerous indictments, and even trials for alleged war crimes against Serbs based on testimony from witnesses who suddenly, after more than 25 years, ‘remember’ that someone supposedly did something,” he notes.

From the perspective of the Serbian community, he says, the significance of EULEX lies in the fact that it is the only international mission with any kind of executive authority.

“From the standpoint of Serbian political interests, those powers are minimal, and Serbs would certainly prefer a broader scope of authority, not limited to overseeing select cases that EULEX deems relevant to the rule of law. Another reason is of a legal nature: EULEX was established based on Resolution 1244, and its presence serves as a reminder that Kosovo and Metohija is not an independent state, as Albanians in Pristina perceive it,” Celic concludes.