Abstract
After almost 20 years after the final Balkan conflict in which thousands of innocent civilians were killed and a few hundred thousand were displaced, the government of a unilaterally declared independent “Republic of Kosovo” continues to move toward a functional democratic government and eventual European Union membership. Under the supervision of international actors, most notably the United Nations, the European Union, and the United States, Kosovo government administrators continue to be mentored and supported into shaping a free democracy and creating a credible and effective rule of law mechanism. When examining the law enforcement and criminal justice mechanisms, much has been accomplished in creating professionally functioning actors, but both the local Kosovo Police and international law enforcement professionals are still plagued by overwhelming caseloads involving organized crime, war crimes, and corruption, reportedly associated with major government actors. The identified successes and challenges in establishing and coordinating rule of law in Kosovo by international organizations will provide insight into similar issues faced by other post-conflict developing democracies across the globe. Finally, a number of recommendations have been proposed to move Kosovo into an acknowledged and effectual democratic future.
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Notes
- 1.
CIVPOL is the designation granted to civilian law enforcement, in contrast to the military police, that are deployed to post-conflict regions by the United Nations. The complement is composed of police personnel from contributing United Nations member states.
- 2.
The United States Department of Justice International Criminal Investigative Training Assistance Program is utilized by the United States government to provide criminal justice, law enforcement, and organized crime investigation assistance to foreign governments.
- 3.
The Organization for Security and Cooperation in Europe is an international assistance organization in which the United States, European Union member states, Russia, and other nations provide assistance to developing nations across Europe and other eastern countries.
- 4.
The author was the sole American representative on the European Union Planning Team from 2007 through 2008.
- 5.
The author was the EULEX police chief with executive authority to conduct criminal investigations involving war crimes, corruption, terrorism, organized crime, and other politically sensitive cases from 2008 through 2010.
- 6.
To date, not all United Nations member states recognize an independent Kosovo, which does not allow for general United Nations participation and representation.
- 7.
Since the commencement date of the EULEX mission was uncertain and since the United Nations suspended the transition stage until direction was provided by the United Nations Security Council, the transfer of work accommodations, vehicles, and equipment did not occur in a planned and timely fashion, and the European Union Planning Team had not requisitioned any supplies.
- 8.
The author and a number of other American EULEX mission personnel responded to the site of all of the attacks since most international police officers from EU states were on leave.
- 9.
The EULEX mission had deployed a significant complement of rule of law personnel, mainly international police officers, with the intent to mobilize them throughout North Mitrovica, but these resources were reassigned to other responsibilities. It is highly likely that EULEX could have easily flooded the North Mitrovica region to ensure security and constrict smuggling and organized crime activity.
- 10.
Spain, Greece, Slovakia, Romania, and Cyprus have yet to recognize the independence and statehood of Kosovo.
- 11.
Interpol, Europol, and SECI (Southeast European Cooperative Initiative) would not cooperate in criminal investigation and intelligence sharing with similarly tasked EULEX personnel, even though most police personnel were from the United States or European Union member states.
- 12.
In order to continue investigating and prosecuting criminal cases, judicial approval must be obtained within legally designated time frames (e.g. six months). Failure to “renew” the investigation or prosecution before a judge has led to the dismissal of almost all inherited cases.
- 13.
The CIVPOL staffing by the USA has declined from 220 in 2008 to 80 in 2009 to 30 in 2012 to around 10 in 2019.
- 14.
The author personally reviewed daily, monthly, and annual Kosovo Police statistics and reports while deployed to Kosovo from 2007 through 2010.
- 15.
The per capita rate (per million) for vehicle fatalities in Kosovo is approximately 100, while the European Union average rate is 63.
- 16.
Most vehicles are purchased from car dealers in European Union countries after the cars can no longer pass safety and inspection standards.
- 17.
The author repeatedly surveyed drivers in Kosovo and noted that more than 95% of all drivers failed to wear a seat belt nor utilize child safety seats.
- 18.
The author lived in Kosovo for three years and discontinued walking outdoors due to the lack of vehicular-related safety and since most areas had no pedestrian sidewalks; even when sidewalks existed they were used for residential and business parking, thereby forcing pedestrians to walk on the street.
- 19.
Kosovo does not have a large consumer drug population.
- 20.
Duplicate travel documents include actual passports and visas that are resold to similar looking individuals in an effort to allow them to travel to the United States or European Union.
- 21.
The author noted numerous cases in which these illegal migrants requested asylum, received financial assistance, then in less than 24 hours entered Serbia illegally through unguarded forest border regions to continue on to a European Union nation.
- 22.
Neither the Kosovo Police nor the EULEX Police have access to European Union or United States vehicle identification databases.
- 23.
With 10 being perceived as the most legitimate and 0 as the most corrupt.
- 24.
These are the four most notable corrupt national officials. The list of all other reportedly identified federal or municipal corrupt officials would be overwhelming.
- 25.
This is strongly recommended since the Kosovo Police are likely the most professional and least corrupt of the criminal justice actors; however, the bigger concern deals with political interference into serious police investigations. The present civil law system relies heavily on the approval and quick actions of the prosecutors and judiciary, which often does not take place. This allows for many criminal investigations to be closed, possibly as the result of political interference.
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Albrecht, J.F. (2021). Enhancing Law Enforcement and Criminal Justice within Kosovo: Evaluating the Challenges in Rule of Law Reform in a Post-conflict Developing Democracy. In: den Heyer, G., Albrecht, J.F. (eds) Police and International Peacekeeping Missions. Springer, Cham. https://doi.org/10.1007/978-3-030-77900-9_10
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