

Currently released so far... 12453 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
ASEC
AORC
AMGT
APER
AU
AF
AS
ACBAQ
AFGHANISTAN
AFIN
AR
AE
AJ
ADANA
AEMR
AG
ATRN
ADPM
APECO
AGAO
AMED
AX
AM
AL
ADCO
AA
AECL
AADP
ABUD
AMEX
ACAO
ANET
AODE
ASCH
AY
APEC
AID
AORG
ASEAN
AFSI
AFSN
AINF
AGR
AROC
AO
AMBASSADOR
AFFAIRS
ASIG
ABLD
ASUP
AND
ARM
ARF
AQ
ATFN
AC
ACOA
AORL
ADM
AUC
AGMT
ACABQ
ASEX
AFU
ALOW
AZ
APCS
AVERY
ASECKFRDCVISKIRFPHUMSMIGEG
AER
AN
AIT
AMG
AGRICULTURE
AMCHAMS
ACS
BR
BA
BD
BL
BO
BF
BU
BILAT
BEXP
BRUSSELS
BK
BN
BM
BT
BY
BX
BTIO
BIDEN
BG
BE
BP
BBSR
BC
BTIU
BWC
BB
BH
BMGT
CH
CY
CA
CU
CS
CO
CVIS
CPAS
CMGT
CE
COUNTER
CASC
COUNTRY
CJAN
COUNTERTERRORISM
CG
CI
CD
CIDA
CJUS
CDG
CBSA
CEUDA
CR
CM
CLMT
CAC
CBW
CODEL
COPUOS
CWC
CIC
CW
CBE
CHR
CFED
CT
CONS
CIA
CTM
CDC
CVR
CF
CLINTON
CITEL
CLEARANCE
COE
CN
CACS
CAN
CONDOLEEZZA
CB
CSW
CITT
CARSON
CNARC
CACM
CDB
CARICOM
COM
CROS
CAPC
CTR
CV
CKGR
CBC
CL
CICTE
CIS
ECON
EFIN
ELAB
ETRD
EIND
EC
EINV
EAGR
ENRG
ETTC
EAID
EPET
ELTN
EWWT
EAIR
EFIS
EMIN
EG
EU
ER
EUN
EPA
ENVI
EXTERNAL
ECPS
ENGR
ETRC
ECIN
EN
EI
ELN
ET
EINT
ETRDEINVTINTCS
ES
ETRDEINVECINPGOVCS
EZ
ETRO
EDU
ETRN
EFTA
EAIG
EK
EUREM
EURN
ECONCS
ECONOMICS
ENVR
ELECTIONS
EAP
ENIV
ECONOMY
ESA
EINN
ECONOMIC
EIAR
EXBS
ECA
ECUN
EINDETRD
EUR
EREL
EUC
ESENV
ECONEFIN
ECIP
ENERG
ENNP
EFINECONCS
EFIM
ENGY
EAIDS
EINVEFIN
EINVETC
EUMEM
ETRA
ETC
ERNG
ETRDECONWTOCS
EUNCH
ECINECONCS
EINVECONSENVCSJA
EXIM
ERD
EEPET
IR
IS
IZ
IAEA
IO
IAHRC
ID
IC
IT
IRAQI
IWC
IN
IL
ISLAMISTS
IV
ICAO
INDO
ITPHUM
ITPGOV
ITALIAN
IPR
ICRC
INTERPOL
IQ
IBET
IMO
INR
ITRA
INTERNAL
ICJ
ICTY
IRS
ILO
INRA
INRO
ISRAELI
IEA
INRB
ITALY
ITU
IBRD
IIP
ILC
INTELSAT
IZPREL
IMF
INMARSAT
IRAJ
IDA
ICTR
IA
IGAD
IF
IDP
ITF
ISRAEL
IEFIN
IRC
IACI
KN
KCRM
KOMC
KNNPMNUC
KIPR
KPAL
KWBG
KSCA
KFRD
KNNP
KUNR
KTIP
KWMN
KSTC
KFLU
KOLY
KISL
KPAO
KMDR
KJUS
KSTH
KDEM
KCOR
KIRF
KAWC
KU
KTFN
KWAC
KNPP
KERG
KSEO
KACT
KHLS
KZ
KGHG
KTIA
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KCRCM
KE
KPKO
KCIP
KDRG
KVPR
KV
KIDE
KICC
KPRP
KBIO
KSUM
KGIT
KCFE
KG
KBTS
KFLO
KMPI
KS
KGIC
KPAI
KHSA
KTLA
KSEP
KTEX
KFSC
KOCI
KHDP
KPLS
KTDB
KHIV
KCSY
KSAC
KTRD
KID
KMRS
KOM
KSAF
KRVC
KR
KMOC
KNAR
KIRC
KBCT
KSPR
KFIN
KBTR
KJUST
KNEI
KAWK
KGCC
KMCA
KREL
KMFO
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFTFN
KVRP
KCOM
KO
KLIG
KAID
KVIR
KNSD
KHUM
KSEC
KRAD
KPRV
KCMR
KPWR
KCHG
KIFR
KCFC
KICA
KPIN
KSCI
KESS
KDEV
KTBT
KCRS
KCGC
KOMS
KRIM
KTER
KREC
KPOA
KWWMN
KRGY
KPAK
KWNM
KMIG
KDDG
KRFD
KWMM
KWMNCS
KX
KRCM
KPAONZ
KNUC
KDEMAF
KNUP
MARR
MOPS
MASS
MCAP
MTCRE
MNUC
MIL
MX
MEDIA
MO
MPOS
MU
ML
MA
MP
MY
MERCOSUR
MG
MD
MW
MK
MAS
MEETINGS
MR
MT
MI
MOPPS
MASC
MTS
MLS
MILI
MAR
MTRE
MEPN
MAPP
MTCR
MEPI
MQADHAFI
MAPS
MARAD
MASSMNUC
MEPP
MCC
MZ
MILITARY
MDC
MRCRE
MC
MV
MIK
MUCN
NATO
NL
NZ
NPT
NI
NAFTA
NU
NDP
NIPP
NP
NPA
NG
NRR
NO
NSC
NEW
NE
NH
NR
NA
NS
NSF
NZUS
NATIONAL
NSG
NC
NT
NAR
NK
NGO
NV
NSFO
NSSP
NASA
NW
NPG
NORAD
NATOPREL
OTRA
OAS
OPRC
OIIP
OVIP
OREP
OPDC
OEXC
OSCE
OFFICIALS
OMIG
ODIP
OFDP
OECD
OPIC
OBSP
OPCW
OFDA
OTR
OSAC
OSCI
ON
OCII
OES
OVP
OIC
OPAD
OIE
OHUM
OCS
PREL
PGOV
PK
PHUM
PINS
PARM
PA
PTER
PINR
PREF
PHSA
PBTS
PBIO
PO
POL
PE
PARMS
PM
PROG
PL
PAK
POLITICS
PORG
PTBS
PNAT
PUNE
POLICY
PDOV
PCI
PROP
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PP
PS
PAO
PG
PY
PTERE
PGOF
PALESTINIAN
PKFK
PSOE
PEPR
PPA
PINT
PMAR
PRELP
PSEPC
PREFA
PGOVE
PINF
PHUMPGOV
PNG
PMIL
PGOC
PFOR
PCUL
PLN
PSA
PGIV
POLINT
PAS
POGOV
PHUMPREL
PHUMBA
PEL
PGGV
PNR
PHALANAGE
PARTY
PGOVLO
PRAM
PHUS
PDEM
PECON
PF
POV
PROV
PRL
PREO
PAHO
PHUH
PSI
PINL
PU
PRGOV
PAIGH
POLITICAL
PARTIES
POSTS
RS
RU
REACTION
REPORT
REGION
RIGHTS
RO
RW
RCMP
RF
RM
RFE
RSP
RP
RICE
ROBERT
ROOD
RELATIONS
RIGHTSPOLMIL
RUPREL
RSO
SU
SNAR
SO
SOCI
SW
SENV
SMIG
SCUL
SP
SZ
SENVKGHG
SR
SY
SA
SYRIA
SF
SI
SC
SWE
SARS
STEINBERG
SN
SG
SIPRS
ST
SEVN
SL
SPCE
SNARIZ
SSA
SNARCS
SYR
SK
SPCVIS
SHUM
SIPDIS
SHI
SH
SOFA
SEN
SNARN
SAARC
SAN
SANC
SCRS
TRGY
TBIO
TU
TF
TERRORISM
TI
TSPL
TPHY
TH
TIP
TSPA
TC
TO
TW
TX
TZ
TNGD
TT
TL
TV
TFIN
TS
TRSY
TINT
TN
TURKEY
TBID
TD
TK
TR
THPY
TP
TAGS
UNGA
UN
UK
US
UNC
UNSC
USUN
UG
UP
UY
USEU
UNESCO
USPS
USTR
UZ
UNHRC
UNO
UNMIK
UNAUS
UNHCR
UNCHR
USAID
UNVIE
UAE
USOAS
UNFICYP
UV
UNEP
UNODC
UNCHS
UNIDROIT
UNDESCO
UNDC
UNCHC
UNDP
UNCND
USNC
UNPUOS
UNICEF
UNCSD
UE
Browse by classification
Community resources
courage is contagious
Viewing cable 09PRISTINA148, KOSOVO/EULEX: AT FULL OPERATING CAPABILITY, BUT
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09PRISTINA148.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09PRISTINA148 | 2009-04-08 17:05 | 2010-12-09 21:09 | CONFIDENTIAL | Embassy Pristina |
VZCZCXRO2841
OO RUEHDBU RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSR
DE RUEHPS #0148/01 0981727
ZNY CCCCC ZZH
O 081727Z APR 09
FM AMEMBASSY PRISTINA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8929
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEHNO/USMISSION USNATO PRIORITY 1148
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1655
RHFMISS/AFSOUTH NAPLES IT PRIORITY
RHMFISS/CDR TF FALCON PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RUEPGEA/CDR650THMIGP SHAPE BE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUZEJAA/USNIC PRISTINA SR PRIORITY
Wednesday, 08 April 2009, 17:27
C O N F I D E N T I A L SECTION 01 OF 05 PRISTINA 000148
SIPDIS
DEPT FOR INL, EUR/SCE
NSC FOR HELGERSON
EO 12958 DECL: 03/14/2019
TAGS PGOV, PINR, PREL, KV
SUBJECT: KOSOVO/EULEX: AT FULL OPERATING CAPABILITY, BUT
NOT WITHOUT PROBLEMS
Classified By: Ambassador Tina S. Kaidanow for Reasons 1.4 (b), (d).
¶1. (C) SUMMARY: On April 6 the European Union’s rule-of-law mission in Kosovo, EULEX, declared full operational capability (FOC). Four months after its initiation, EULEX can claim some significant successes, including a complete and violence-free roll-out of the police component; the reopening of the problematic Mitrovica courthouse and hearing of a case, the first since violence closed the court on March 17, 2008; and establishing its customs presence at border crossing points Gates 1 and 31 with Serbia. However, the EULEX police component’s low profile and its limited executive authority, the absence of control over its judges, and EULEX unwillingness -- or inability -- to clarify the question of applicable law continue to dog the rule of law mission’s ability to do its job effectively. All of these problems are compounded in the Serb-majority north, where EULEX has yet to reinforce its authority with the local populace. Success also requires that Serbia play a constructive role in dealing with EULEX on a technical level to solve practical problems while keeping the UN firmly outside the process -- an outcome we wish Brussels would underscore with Belgrade in a far more decisive manner. END SUMMARY
POLICE
¶2. (C) EULEX’s Police component, with 1654 total staff (international and national), comprises by far the largest share of EULEX’s 2507 person presence in Kosovo. EULEX Police enjoyed some success when the Formed Police Units (FPUs or specialized riot police) responded to tense situations in January and March in the divided flashpoint city of Mitrovica. However, the EULEX Police component has remained largely invisible in day-to-day operations. This is largely due to a different mandate that EULEX sees for its police officers compared to how UNMIK Police operated. Where UNMIK Police possessed wide-ranging executive authority and were visible to the public throughout the country, EULEX Police focus primarily on monitoring, mentoring, and advising (MMA). EULEX headquarters tells us that this MMA role necessitates that its officers work most closely with the Kosovo Police on management functions, and this work requires primary staffing at the station level.
¶3. (C) American officers assigned to the Police component have expressed some frustration regarding this hands-off approach and the absence of executive authority when operating in the field. Officers in the Strengthening Department operating in Mitrovica and at border gates, for example, have no executive authority to enforce laws or make arrests for visible criminal violations committed in their presence. They can only perform their MMA activities, and acting outside of this mandate could expose individual officers to disciplinary action -- for example, responding with force to an agitated and threatening individual at a border crossing -- for exerting unlawful executive authority. As a result, EULEX refuses to deploy officers from the Strengthening Department to situations where they might be compelled to act in self-defense -- the very situations where an international presence would be most beneficial.
¶4. (C) As an example, March protests over power cuts in the eastern Serb enclave of Silovo/Shilovo (Gjilane/Gnjilane municipality) initially saw no EULEX police officers respond due to their absence of executive authority. U.S. officers assigned to work with Kosovo Police (KP) officers in station-level management positions in the region convinced KP commanders to visit the scene, thus creating a rationale for the U.S. officers to monitor the commanders’ performance in the field. At the same time, these officers exposed themselves to personal jeopardy by leaving what EULEX calls their primary workplace, the police station.
¶5. (C) As it stands now, there is a large gap in EULEX’s police activity. The Special Police Department provides in extremis crowd control and riot suppression and currently
PRISTINA 00000148 002 OF 005
deploys the bulk of its 455 FPU officers in the Mitrovica region. The Strengthening Department assigns officers to monitor, mentor, and advise at the station-level across the country. However, due to its lack of executive authority, EULEX has little role to play in emerging situations not yet requiring an FPU response -- situations that might benefit from the presence of international police officers whom local residents may regard as more objective and professional than KP officers.
¶6. (C) EULEX Police’s Executive Police Department (EPD) does possess authority to conduct investigations into organized crime cases and incidents where political interference undermines the rule of law, but EULEX tells us that this activity is limited due to insufficient equipment. Without surveillance or wiretap equipment, EPD officers cannot conduct effective investigations.
JUSTICE
¶7. (C) The EULEX Justice component enjoys some success in the solid mentoring relationship it has developed with Kosovo judges and prosecutors. Feedback has been positive and cooperation with USG programs in these areas has been very good. Cooperation with EULEX Justice at the headquarters level has also been good, and weekly meetings, which include other international stakeholders including the International Civilian Office (ICO) and the European Commission (EC), have helped ensure a tighter, more unified message on the range of legal issues. Significantly, EULEX has occupied the Mitrovica court house and has begun prosecuting cases. Though Serbs in north Mitrovica initially protested EULEX’s presence, seeing the organization as a tool of the Kosovo government and independence, EULEX was able to conduct a prosecution against two Serb defendants in March that resulted in acquittal on charges of felony robbery. But continued confusion within EULEX on applicable law has detracted from the success of this proceeding. The judges chose to apply UNMIK law, arguing that the offenses occurred while Kosovo was under UNMIK jurisdiction. EULEXXXXXXXXXXXXX failed to clarify the question of applicable law with both the judges and the GOK prior to beginning the case. We expect the court to issue a written judgment on or about April 10, which could prompt an unhappy response from Kosovo leaders and media (a point we have made repeatedly to EULEX top officials).
¶8. (C) XXXXXXXXXXXX
¶9. (C) XXXXXXXXXXXX It’s also apparent that the rigidity of EULEX’s prosecutorial structure, with international prosecutors assigned to specific courts or prosecutor’s offices and case transfers among prosecutors necessary when a case moves to another court or jurisdiction, hampers quick and effective action.
CUSTOMS
¶10. (C) The EULEX Customs component has developed a strong mentoring, monitoring, and advising role with the Kosovo Customs Service and has gradually increased its activities since EULEX initiated operations on December 9, 2008. Coordination between Customs Head of Component Paul Acda and Kosovo Customs Director Naim Huruglica, stemming from their previous cooperation under UNMIK, is especially strong and transparent.
¶11. (C) Eight EULEX Customs staff are working at the Kosovo Customs Service headquarters, including the Customs Head of Component, his deputy, two media relations personnel, and four expert advisors working directly with relevant Kosovo Customs departments in revenue operations, law enforcement, legal, and finance and administration. EULEX Customs also has 18 personnel working as mobile customs units (six teams of three people), plus one team coordinator, monitoring all customs border posts. The mobile units group is based at a separate Kosovo Customs building located in Fushe Kosove/Kosovo Polje, just outside of Pristina. These units are fully staffed but are experiencing some equipment shortages, including phones, radios, cameras, GPS equipment, etc.
¶12. (C) The EULEX Customs Reinforcement Task Force has a staff of 22 internationals out of a planned 33, with no local staff deployed to date. This group first operated on a 9-to-5 basis in northern Kosovo in December 2008, and commenced 24/7 operations in mid-January 2009. On February 1, 2009, EULEX Customs officials began registering commercial goods entering through the two northern gates (1 and D31), data which had gone unrecorded since protesters destroyed the gates in February 2008. The registration process entails collecting basic information about shipments, such as company name, type of goods, value and quantity, to share with customs officials at the inland Mitrovica customs clearance terminal, and vehicles entering these gates receive instructions to proceed to the inland terminal. These are essentially the same procedures that were in place prior to independence (February 2008), except that EULEX officials are not yet withholding personal documents from drivers -- such as a passport or driver’s license -- as a guarantee that the driver will present the goods for clearance at the Mitrovica terminal.
¶13. (C) Full customs procedures will not restart at Gates 1 and D31 until the gates undergo repair and receive specialized inspection equipment. Possible next steps toward
PRISTINA 00000148 004 OF 005
reestablishing full customs controls will include building customs offices at the northern gates, establishing freight forwarding and bank offices, installing cameras that connect directly to the main customs operations center in Pristina, and acceptance of customs duties at the gates. Some of these steps, such as installing cameras and collecting duties, are likely to spark political sensitivities in the north, with threats emanating regularly from northern Serb hardliners about the violent response that will ensue if customs is fully restored. EULEX Customs also needs clarification on which customs law applies in the north -- UNMIK or Kosovo -- in order to begin collecting customs duties at the two northern gates. Discussions on how to rectify this legal dilemma are on-going in the context of “practical issues” consultations between EULEX and the Belgrade and Kosovo governments. EULEX Customs has recommended adding an additional 20 international and 10 local staff in the north to cover eventual revenue collection at Gates 1 and D31, which would take the Customs component to fully operational status.
EULEX BEYOND FOC
¶14. (C) EULEX’s policy chief Dominique Orsini on April 2 told us that Full Operating Capability (FOC) is a military term in vogue and in use because of former French General Yves de Kermabon’s influence and reflects only that EULEX has sufficient personnel to fulfill its mission. While EULEX declared FOC on April 6, it does not mean that EULEX’s activities or its mandate have grown to meet Kosovo’s requirements for EULEX’s mission. Orsini told us that EULEX is actively considering how to improve its performance and told us that other participant countries and the UN have also noted the gap in policing left by the limited executive authority that EULEX police officers possess. EULEX is considering creating a very limited cadre of civilian affairs officers that might be able to respond to emerging situations, providing on-the-scene international voices working with Kosovo Police to help quell local tensions. Visiting EU CIVCOM representative Kim Friedberg told the Ambassador on April 7 that this was under active consideration for the north, though the very next day EULEX HOM de Kermabon denied to the Ambassador that this civilian or political component would do anything more than simply “coordinate” among EULEX elements and possibly other international actors operating in the north. Confusion obviously still exists on the methodologies EULEX will employ to overcome some of these “gap” issues.
¶15. (C) Orsini is also less confident that EULEX will resolve the applicable law question. As long as only 22 of 27 EU member states recognize Kosovo, EULEX will be unable, according to Orsini, to develop a consistent policy that identifies Kosovo law as the only legal system operating here. He added that Madrid and the other four non-recognizing capitals complain to Brussels each time a routine report even suggests that EULEX is venturing beyond the bounds of status-neutrality and straying from its mandate under UNSCR 1244, and Brussels, in turn, notifies EULEX headquarters of its offense. (At the recent EULEX ceremony marking the opening of their new headquarters and reaching FOC, no Kosovo flag was displayed, though all EU member state flags -- including that of the UK, which recently announced its withdrawal of most of its EULEX contingent -- were prominently featured. No U.S. or Turkish flag was flown, either.) We expect that this confusion will continue to plague both justice and customs operations in the North, and it will become an ever more vocal bone of contention among Kosovo Albanian political forces and the local media.
COMMENT
¶16. (C) EULEX has had some successes -- its deployment, de Kermabon’s receptiveness to our counsel, its effective response to violent outbreaks in Mitrovica, and a growing number of concluded court cases, including a war crimes conviction against a Kosovo Albanian that carried a 17-year
PRISTINA 00000148 005 OF 005
prison sentence. Its cautiousness in hewing to status neutrality and defining its mission as purely technical, however, is a serious limitation. Right now EULEX is a stabilizing influence, helping to provide law and order in the absence of international consensus on Kosovo’s status, but it could quickly become immobilized by its inherent political limitations.
¶17. (C) EULEX must take a more active role in helping Kosovo resolve practical issues that fall within its legitimate mandate on customs, justice and police issues; this will obviously require an active dialogue with Serbia -- but without the UN presence in negotiations that convinces the Kosovars that these talks are just a continuation of the abortive “six point” discussions that almost led to a breakdown of stability in Kosovo last November. If EULEX -- the biggest and most ambitious ESDP mission to date -- is to succeed, it needs to make progress on the critical issues of the north, but that progress will only come if Brussels applies equal pressure on Belgrade and Pristina, rather than acceding to Belgrade’s political demands and alienating their Kosovo counterparts. Thus far the jury is still out on whether the EU will show the necessary degree of political leadership, but we will continue to urge a balanced and vigorous approach, as well as a more robust operational posture in Kosovo’s north. End Comment. KAIDANOW