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External sources (not reviewed)

EULEX judges held several confirmation of indictment hearings, including a case against seven defendants charged with organized crime and smuggling of migrants related to the capsizing of a boat and drowning of two dozen migrants from Kosovo on the Tisa/Tisza River, which marks the Serbia/Hungary border in December 2009.

Furthermore, decentralization based on the Ahtisaari plan remains a political priority for the entire country.

[...] decision on the Ahtisaari report, referred [...] [...]

That political process is what the Special Envoy, Mr. Ahtisaari, was asked by the Security Council to lead through negotiations between Serbia and the elected representatives of Kosovo (the Assembly); as the two Parties were unable to reach agreement, Mr. Ahtisaari proposed a settlement plan to the Council, but the Council never approved it.

As for the Ahtisaari report, as long as the Security Council makes no finding in this respect, it commits only its author.

By his letter dated 10 February 2012 (S/2012/85), the Secretary-General informed the Security Council that he had appointed to the Group of Experts the following individuals: Mr. Nelson Alusala of Kenya (arms); Mr. Ruben de Koning of the Netherlands (natural resources); Ms. Marie Plamadiala of the Republic of Moldova (customs and aviation); Mr. Steven Spittaels of Belgium (finance); and Mr. Steven Hege of the United States of America (armed groups and Coordinator).

Mr. Martti Ahtisaari was thus called upon to act as a mediator between Serbia and the representatives of the institutions of Kosovo (the Assembly) so that they reach an agreement on the future status of the territory; such an agreement would then have to be endorsed by the Security Council.

This declaration reflects the will of our people and it is in full accordance with the recommendations of UN Special Envoy Martti Ahtisaari and his Comprehensive Proposal for the Kosovo Status Settlement.

It follows the mission which the Secretary-General of the United Nations, Mr. Kofi Annan, gave to his Special Envoy, Mr. Martti Ahtisaari, in November 2005, which was to lead the political process aimed at determining the future status of Kosovo, in the context of resolution 1244, by means of a negotiated settlement.

[...] [...] contained in the Ahtisaari comprehensive plan.

One is left with the impression that the Special Representative remained silent this time as he knew well the effort to implement, to the extent possible, the unendorsed Ahtisaari plan through the declaration adopted by Kosovo Assembly “in coordination with many of the countries most closely involved in stabilizing the Balkans”.

Secondly, I would like to inform the Council — and here I can speak from my own experience — that during the Vienna talks of 2005-2007, we were able to develop, in the Ahtisaari plan, the best provisions and mechanisms for the protection of cultural heritage.

We invite and welcome an international civilian presence to supervise our implementation of the Ahtisaari Plan, and a European Union-led rule of law mission.

[...] [...] the so-called Ahtisaari proposal.

Its intent was to forcibly implement the delegitimized Ahtisaari proposal, in violation of resolution 1244 (1999).

Deployment of EULEX throughout Kosovo is in accordance with the mandate that derives from the Kosovo independence declaration, the Ahtisaari package, the constitution of the Republic of Kosovo, the laws of the Republic of Kosovo, the European Union joint action plan of 4 February 2008 and the invitations of the President of 17 February and 8 August.

Instead, the members of the Council attached to their approval of Mr. Ahtisaari’s appointment the Guiding Principles of the Contact Group (an informal grouping of States formed in 1994 to address the situation in the Balkans and composed of France, Germany, Italy, the Russian Federation, the United Kingdom and the United States).

The unique character of the situation of Kosovo was pointed out also by the Special Envoy (Mr. M. Ahtisaari, appointed on 14.11.2005) of the U.N. Secretary General, in its Report on Kosovo’s Future Status: - “Kosovo is a unique case that demands a unique solution.

Following local elections, the Kosovo Government established four of the six new Kosovo Serb majority municipalities envisaged in former United Nations Special Envoy Ahtisaari’s Comprehensive Proposal for the Kosovo Status Settlement (S/2007/168/Add.1).

It is therefore clear that, by giving the advisory opinion which has been requested of it, the Court is assessing, albeit indirectly, the validity of the conclusions of the Ahtisaari report, a role which belongs solely to the Security Council, a political organ on which the United Nations Charter confers primary responsibility for the maintenance of international peace and security.

We commend the people of Kosovo for the commitment they have demonstrated and the concrete actions they have taken to implement the Ahtisaari Plan and to play a responsible role as a regional neighbour and member of the international community.

Mr. Ahtisaari concluded by urging the Security Council to endorse his proposal (Report transmitted to the President of the Security Council by letter from the Secretary-General, 26 March 2007, S/2007/168).

LDK and the AAK refused to participate in a PDK-led coalition, whereas Vetëvendosje refused to partner with any political party that had endorsed the comprehensive status proposal of former United Nations Special Envoy Martti Ahtisaari.

Kosovo authorities are building on the strong foundation of last fall’s municipal elections in implementing the decentralization process laid out in the Ahtisaari plan, which will improve governance and empower all communities.

The precisely formulated text of the November 2008 report, welcomed by the Security Council and reaffirmed in the report (S/2009/149) before the Council today, defines the status-neutrality of EULEX’s engagement, which is a guarantee that no part of its mandate can be devoted to the implementation of the Ahtisaari plan for Kosovo’s independence, which was rejected by the Republic of Serbia and was not endorsed by the Security Council, in the words of a previous report.

On the question of the Middle East, my delegation associates itself with the statement of Finland’s former President, Nobel Peace Prize recipient Mr. Martti Ahtisaari, when he said “All conflicts can be settled, and there are no excuses for allowing them to become eternal”.