H.Doc.108-34 BENCHMARKS FOR A SUSTAINABLE PEACE ...

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the KPC has been trained to conduct emergency explosive 
ordinance disposal services and is primarily responsible for 
UXO deactivation or destruction. The overall result of this 
concentrated effort has been a drastic reduction in mine/UXO/
CBU-related casualties although lethal incidents sometimes 
still occur. In light of these operating procedures, this 
benchmark is essentially accomplished.

e. Elections held in secure environment

    Local assemblies and governments have been established in 
all of Kosovo's 30 municipalities, including most Serb-
dominated ones in the north. Kosovo municipal elections in 2000 
and again in 2002 were in accordance with international 
standards as were Kosovo-wide elections in 2001. Overall voter 
turnout within Kosovo has been high but with a downward trend. 
The absence of significant election-related violence indicates 
a general stabilization of the political environment in Kosovo. 
UNMIK Police, KPS, and KFOR worked together to help ensure 
these first-everdemocratic provincial elections were not marred 
by any significant violence. In spring 2002, the Assembly elected a 
President and a Prime Minister to head Kosovo's provisional government 
which will continue until new elections in 2004. This benchmark is 
essentially accomplished.

f. Parallel institutions dissolved and pose no threat to KFOR and/or 
        UNMIK authority

    The fledging Kosovo provisional government is working to 
govern the province with less assistance from UNMIK, KFOR, and 
the international community (IC). Programs to train government 
leaders and bolster efforts at effective administration have 
helped the provisional government to assume increased 
responsibility and demonstrate increasing effectiveness. 
However, the slow pace of legislation to date and remaining 
international influence in areas not reserved to UNMIK remain 
problematic. Considerably more needs to be done to ensure 
effective self-government at both the Kosovo and municipal 
levels and to achieve UNMIK benchmarks in the rule of law, 
returns, the economy, and other areas. Particularly in North 
Mitrovica, and elsewhere throughout Kosovo, UNMIK needs to 
implement its plan for decentralization to ensure effective 
administration and rights for Serbs and other minorities at the 
sub-municipal level. At the same time, Serbian parallel 
institutions primarily in the areas of health, education, and 
judiciary and law enforcement, need to cease functioning to 
allow UNMIK to fully establish their authority under UNSCR 
1244. While this is occurring, UNMIK acknowledges the continued 
need for Belgrade to supplement the salaries of health care 
workers and educators as an incentive for them to remain in 
Kosovo.

g. KFOR transfers criminal cases to UNMIK/Kosovo Transitional 
        Government for investigation, prosecution, and detention; and 
        sufficient civilian prisons and detention facilities are 
        established

    UNMIK judicial officials and UNMIK CIVPOL and KPS, conduct 
all criminal investigations in Kosovo. When KFOR apprehends a 
suspect, he/she can be turned over to UNMIK for action under 
the Special Representative's ``executive detention'' authority 
pending UNMIK (or local) criminal charges being filed. Under 
his own authority, the KFOR Commander can confine individuals 
on the basis that they pose a threat to a safe and secure 
environment. KFOR maintains detention facilities for 
individuals at Camp Bondsteel. UNMIK maintains eight detention 
facilities Kosovo-wide and one prison near Ishtok in northwest 
Kosovo.

h. Adequate court system for criminal cases transferred to UNMIK

    Since June 1999, UNMIK has established a Kosovo supreme 
court, five district courts, 18 municipal courts, 23 ``minor 
offenses courts,'' one ``high court of minor offenses,'' one 
commercial court, and 13 prosecutor's offices. While UNMIK has 
appointed more than 400 local judges and prosecutors, only 320 
are currently working in those positions. Additionally, a total 
of 28 international judges and prosecutors are assigned to the 
district courts and the supreme court. Trials are conducted in 
all five district courts, the supreme court, and lower courts. 
Thus, there is an embryonic court system in place; however, 
concerns continue over the ability of the criminal courts to 
apply the law fairly due to the inexperience of many of the 
judges and prosecutors, suspected intimidation, and the 
outdated socialist criminal code still applicable in Kosovo. 
Judicial training conducted by the Organization for Security 
and Cooperation in Europe (OSCE)-run Kosovo Judicial Institute 
is beginning to address this problem. Some cases referred by 
KFOR to UNMIK are difficult to prosecute due to evidentiary 
problems. KFOR soldiers are not trained criminal investigators, 
and often the information gathered by KFOR is classified. As a 
result, some criminal cases are dismissed by UNMIK due to a 
lack of prosecutable evidence. UNMIK and KFOR are working 
together to resolve these issues and UNMIK has made many 
notable arrests and convictions in 2002. Adequate witness 
protection is a problem as well.

i. Core KPS police training is completed and effective

    The OSCE administers the Kosovo Police Service School, 
which has graduated over 5,200 Kosovar police trainees. 
Graduate trainees go on to complete field training and assume 
independent patrol responsibilities (with UNMIK police 
oversight). The operational control of two police stations has 
been turned over to the KPS. Advanced training phases are being 
conducted at the KPS School to create specialized capacities, 
including training supervisors, criminal investigators, 
forensics specialists,traffic officers, and close protection 
specialists. The United States is initiating further specialized 
training in areas such as civil disorder management and advanced 
criminal investigations. Anti-Serb violence has shown an overall 
downward trend, although serious periodic incidents continue to mar 
progress and freedom of movement remains problematic without KFOR 
escort. UNMIK police and KPS have assumed full responsibility in 
Pristina, Prizren, Gniljane, and Peja regions and share responsibility 
with KFOR in Mitrovica. This benchmark is essentially accomplished 
although the KPS requires further expansion, experience, and training.

j. UNMIK and KPS assume primacy for tactical police responsibilities; 
        and, UNMIK Special Police Unit and KPS are capable to respond 
        to civil disturbances

    UNMIK Police, working with KPS, has assumed full primacy in 
Pristine, Prizren, Gjilan, and Peja regions; and shares primacy 
with KFOR in Mitrovica, where they have begun to assert more 
authority to address the remaining challenge from members of 
violent ``bridge gangs.'' UNMIK generally has been able to 
handle civil disturbances through the use of its Special Police 
Units (SPUs) that react to any civil disturbances throughout 
Kosovo. KPS has assumed primary responsibility for patrol 
functions. As part of two agreements with KFOR, UNMIK police 
have taken on greater responsibility for border functions and 
the roving patrols of patrimonial sites, and other 
infrastructure sites.

k. Some displaced persons and refugees able to return home safely

    Displaced Kosovo Albanians began returning to their homes 
in June 1999, concomitant with the entry of NATO forces into 
Kosovo. To date, over one million people have returned and 
begun rebuilding their lives. By contrast, significant 
difficulties remain in the area of minority returns. More than 
200,000 Serbs, Roma, and other minorities remain displaced 
outside of Kosovo, most in Serbia. While modest progress has 
been made to date, and in 2002 returns outpaced departures for 
the first time, UNMIK anticipates that there will be a 
significant increase in IC-facilitated returns beginning in 
spring 2003. Continued KFOR cooperation with UNHCR and UNMIK 
will play a key part in making these returns safe and 
sustainable. Freedom of movement remains a problem for many 
Serbs and Roma who remain in Kosovo, most of whom live in 
difficult circumstances in isolated enclaves. Most require KFOR 
escort each time they venture out to ensure their safety; 
however, for others freedom of movement has improved 
significantly and KFOR has removed a number of fixed 
checkpoints, particularly in the MNB-E area.

3. Task: Border and boundary issues

            Objectives:
    <bullet> Monitor international and provincial boundaries.
    <bullet> Inhibit traffic of persons or materials supporting 
insurgency and illegal goods.
    <bullet> Transfer border responsibilities to local 
authorities.
            Benchmarks:

a. The FRY respects the GSZ and ASZ as stipulated in the MTA and at the 
        discretion of the KFOR commander

    The GSZ and ASZ, 5- and 25-kilometer ``buffer zones'' 
respectively around Kosovo, were established to prevent 
boundary incidents or reentry into Kosovo by FRY security 
forces. The FRY has respected the zones from their inception. 
Following the change of government in Yugoslavia and a 
concomitant improvement in the relationship with NATO and KFOR, 
FRY security forces were allowed to reenter the GSZ in the 
spring of 2001. Reentry was conducted successfully and in a 
professional manner. Similarly, the ASZ was reduced to 10-
kilometers and in Fall 2002 to 5-kilometers. This benchmark is 
essentially accomplished.

b. Illegal border crossings inhibited; and UNMIK or indigenous border 
        service in place to monitor provincial and international border 
        crossings

    Kosovo's boundaries are generally unmarked and in many 
areas lie in rough, mountainous terrain. Attempts to demarcate 
the Kosovo-Macedonia border under the 2001 FRY-Macedonia Border 
Treaty in the near future could be particularly problematic as 
inhabitants traditionally have crisscrossed the borders freely. 
UNMIK established five official border crossing points, 
including the Pristina airport, where UNMIK police control 
immigration and collecttariffs. KFOR actively supports UNMIK in 
this role, regularly patrolling borders and employing monitoring 
technology. Also, a border-crossing section of the KPS has been 
established. Net assessment of combined efforts is that illegal border 
crossings have been significantly reduced, although much remains to be 
done. The installation at the airport and border points of entry of a 
positive identification and tracking system remains a high priority.

4. Task: War crimes

            Objective:
    <bullet> Full cooperation of the international security 
presence with the ICTY.
    The objective of this benchmark is of an ongoing nature for 
the IC, continuing until the work of the ICTY is completed. 
ICTY chief prosecutor Carla Del Ponte has said publicly on 
several occasions that there will be indictments of senior 
former KLA figures in Kosovo. UNMIK is investigating possible 
prosecutions as well, and at the end of 2002 an UNMIK court 
consisting of three international judges convicted and 
sentenced five former KLA figures for war crimes against other 
Kosovar Albanians.
            Benchmark:

a. KFOR assists and supports ICTY

    KFOR actively supports the collection of evidence by ICTY, 
and provides area security for exhumations. The United States 
deployed two FBI forensic investigative teams to Kosovo at a 
cost of $5 million, and provided an additional $8.5 million for 
ICTY investigative costs associated with Kosovo war crimes. In 
November 2002, SACEUR noted that NATO remains committed to 
supporting efforts to bring persons indicted for war crimes to 
justice and has stated that the physical presence of NATO in 
the Balkans is continuing to help deter hostilities. Should the 
ICTY issue indictments for Kosovars, KFOR will be called upon 
to help manage large and possible violent demonstrations that 
will almost certainly result, and might need to assist in the 
apprehension and transfer of indicted individuals.

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