Rule of Law in North Mitrovica and UNMIK's Failure to Dismantle the Serbian Parallel Structures

• Author: Alma Lama
• Position: Institute of European Studies, University of Tirana
• Pages: 302-322

Vol. 3 No. 1

January, 2019

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2519-1284

Acces online at www.iipccl.org

302

Rule of Law in North Mitrovica and UNMIK’s Failure to Dismantle the

Serbian Parallel Structures

Alma Lama

Institute of European Studies, University of Tirana

Abstract

This article explores the main reasons why UNMIK failed to dismantle the parallel structures

in Mitrovica north during its mandate in Kosovo, illustrating the di culties it has encountered

in a empting to expand its administration and the rule of law. The Serbian parallel structures

supported by Belgrade functioned in violation with the Resolution 1244 of UN and applicable

law in Kosovo. The paper analyzes illegal formations such as the "Bridge Watchers", the

Serbian MUP o cers in the security sector and parallel Serbian courts The main reason

for the poor results was the lack of determination of UNMIK to fulf‌i ll its mandate; the lack

of necessary security on the ground; the delays in the deployment of international police;

the tolerance for the parallel trials. The paper examines various organizations’ reports and

documents; as well as interviews with senior Kosovo o cials, analyzing in depth the causes

of failure. By exploring UNMIK’s performance in northern Mitrovica, the paper brings an

empirical contribution to UN missions in areas of post-conf‌l ict societies.

Keywords: Justice, Mitrovica North, Parallel Structure, Rule of Law, Security, UNMIK.

Introduction

The Serbian parallel structures in northern Mitrovica became the main obstacle

to extend the authority of legitimate institutions in this part of the territory and

undermined the establishment of the rule of law. A er the war, in the municipalities

inhabited by Serbs, such structures as schools, hospitals and courts continued to

function as in the previous regime. These structures were called parallel because

they were not in line with UNMIK competences deriving from the Security Council

Resolution 1244 (1999) that mandated UNMIK to administrate the territory of Kosovo

and to establish democratic institutions.

Parallel structures were promoted, f‌i nanced and acted under the authority of the

Serbian government. There were cases where they operated under the same roof

with UNMIK institutions and bodies recognized by the Kosovo Self-Government

Institutions. Very o en these structures were also mixed with members of organized

crime. Throughout UNMIK's mandate in the northern part of Mitrovica, there were

violent incidents and inter-ethnic clashes between Albanians and Serbs. Very o en,

the targets of the a acks were the security forces such as KFOR and UNMIK Police,

as well as the civil administration. The security climate hindered the expansion of the

UN administration and favored the establishment of parallel structures.

The theoretical basis on which this article relies is related to the concept of the rule of

law, for which there is a consensus among scholars regarding its role as a necessary

condition and a central pillar in the functioning of democracy (Linz & Stepan

1996), (O’Donnell 2005), (Kleinfeld 2006), (Diamond & Morlino 2005). According to

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 3 No. 1

January, 2019

ISSN 2519-1284

Acces online at www.iipccl.org

303

O'Donnell (2005), the rule of law consists of f‌i ve dimensions: the extension of the legal

system, the independence of courts, fair treatment of citizens by institutions, respect

for civil rights and participation (3).

Establishing the rule of law in northern Mitrovica could not have been done without

the dismantling of parallel structures. In fact, it would have been the f‌i rst step towards

achieving this goal. Installing the rule of law is part of the process of reconstruction

(S/2004/616 2004), (Caplan 2005), (Chesterman 2004) in post-conf‌l ict territories and it

is one of the most di cult challenges for international administrators. In post-conf‌l ict

societies, where situations are incredibly complex, in order to establish the rule of

law, security is f‌i rstly required. As George Tanham said, “creating a safe environment

is "sine qua non" for post-conf‌l ict reconstruction” (Tanham 1966: 138).

Security involves all aspects of public security, in particular, the creation of a safe and

secure environment and the development of e ective security institutions. Security

involves not only the protection of civilians from violence but also the territorial

integrity of a state (Hamre & Sullivan 2002: 141). The lack of elementary security

would disable all e orts to establish political institutions, to adopt laws, to promote

reconciliation, and initiate the economic development (Stromseth & others 2006: 134).

Besides security, some other factors hinder the establishment of the rule of law in

societies emerging from the war. According to Chesterman, in the territories where

state institutions that existed earlier served to violate citizens’ rights, building the

trust with the state requires a transformation of how these institutions are seen. The

challenges are enormous, as the informal mechanisms emerging at the time of the

conf‌l ict may also create economic and political incentives that might work against

the rule of law (Chesterman 2005: 69). Numerous human and f‌i nancial resources

are required to challenge these incentives, as well as careful coordination of policies

among international and local actors. It also requires the ability to react quickly

and creatively concerning sensitive and unpredictable developments in the f‌i eld

(Stromseth & others 2006: 6).

Establishing the rule of law in northern Mitrovica is related to the problem of the

territorial extension of UNMIK’s legitimate authority, which failed to do so during its

mandate in Kosovo. The extension of governing authority throughout the territory

is the dimension that determines the relations between citizenship and democracy

and deals with the capacities of the state apparatus to accomplish this goal, in

order to ensure safety and protect the political community. Only by exercising this

authority, the state will be able to guarantee human rights and freedom, as well as

the functioning of the law, which are the essential components of democracy (Linz &

Stepan 1996: 19).

Another important factor inf‌l uencing the establishment of the rule of law by

international administrators is the local perception of their legitimacy (Stromseth &

others 2006: 52). Moreover, over the time, the gap between the antagonist groups

regarding the interventionists expands and the perception as "losers" and "winners"

can severely damage the chance for success (Stromseth & others 2006: 53). In Kosovo,

the majority of Albanians, who had been subject to long-standing discrimination,

welcomed NATO and UNMIK, but Kosovo Serbs had a di erent approach. Their

perception of UNMIK was very negative (UNDP 2003: 5-7). In the justice sector,