Peacebuilding through International Territorial Administration: An Assessment of Cases of Eastern Slavonia (Croatia), Bosnia and Herzegovina and Kosovo
Abstract
International territorial administration (ITA), a phenomenon which evolved from classical peacekeeping and peacebuilding activities under the auspices of the United Nations, represents direct or less direct involvement of international actors (the United Nations, the European Union and other international organizations and institutions) in governing a post-conflict country. The aim of such an engagement is restoration of peace, establishment of rule of law, respect for human rights, creating social stability and setting the foundations for economic development. This paper gives insight into and an assessment of the results of more recent cases of international administration following the dissolution of the Socialist Federal Republic of Yugoslavia (Eastern Slavonia in Croatia, Bosnia and Herzegovina and Kosovo) by presenting circumstances in which the missions were established, the legal basis for their establishment, as well as the content of authority entrusted to the missions. However, the author focuses on the most recent mission in Kosovo, the United Nations Interim Administration Mission in Kosovo (UNMIK), the complexity and uniqueness of which is manifested, among other things, in the distribution of governmental and supervisory powers on not just one, but several international actors (the United Nations, the European Union, the Organization for Security and Cooperation in Europe, the NATO and other). Moreover, the author expresses concern about the continuing prolongation of the duration of UNMIK and the European Union Rule of Law Mission’s (EULEX) mandates and explains that the international presence could have a negative effect manifesting itself as the reduction in responsibility of local institutions for their role in developing a society based on the rule of law.
Key words: peacebuilding, international territorial administration, UNTAES, Erdut Agreement, Dayton Agreement, UNMIK, EULEX
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