Brussels - The European Union launched Saturday its long- planned policing and justice mission to Kosovo, but debate still rages over the mission's legal basis. EU diplomats are unanimous that their authority stems from UN Security Council Resolution 1244, agreed on June 10, 1999.
The resolution "authorizes the UN Secretary General, with the assistance of relevant international organizations, to establish an international civil presence" which should oversee "the transfer of authority from Kosovo's provisional institutions to institutions established under a political settlement."
The civilian presence should maintain "law and order, including establishing local police forces," the resolution says.
On January 3, 2008, the UN's current secretary general, Ban Ki- Moon, "noted the readiness of the EU to play an enhanced role in Kosovo" in a presentation to the Security Council.
EU diplomats say that the resolution and the secretary general's statements, taken together, provide full legal cover for the EU's 3,000-strong mission to build up Kosovo's police and justice system.
But critics such as Serbia and Russia challenge that interpretation. They point out that the resolution refers to "institutions established under a political settlement."
In 2007, UN Special Envoy Martti Ahtisaari proposed a political settlement giving Kosovo independence in return for sweeping rights for the province's Serb minority.
Serbia's ally, Russia, blocked that plan in the UN, and subsequent talks between Belgrade and Pristina failed to reach a settlement before a UN deadline of December 10.
Opponents of the mission therefore argue that there has been no political settlement, and that the EU's action - which is based on the Ahtisaari plan - is a unilateral breach of Serbia's sovereignty which would only be legal with a fresh UN mandate.
Since Russia has veto powers on the UN Security Council, it seems unlikely that a new resolution would be approved.
