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Draft Resolution KO! So what?

Authors: France, Russia, Kosovo, UK, Germany, Croatia

Signatories:

Concerned with the instability currently ensuing in the Kosovo region,

Keeping in mind that the question of legality of Kosovos unilateral declaration of independence has

been answered in the affirmative by the ICJ advisory opinion declaring it not be in violation of theprinciples of international law,

Condemning the bombing of the electoral office in Mitrovica,

Noting with regret the actions of unidentified forces in bombing the electoral office in Mitrovica and

the damage caused to life and property,

Noting that there is an urgent need for confidence-building measures between the Republic of

Serbia and the Republic of Kosovo,

Noting with concern that the need for a mutually agreeable consensus between the interested

parties is of paramount importance,

Appreciating that the Republic of Kosovo is agreeable to the median path of a supervised state,

Noting that the Republic of Serbia, in the interest of maintaining peace and security in the region,

agrees to an international peace keeping force in the manner detailed in the operative clauses,

Noting that for the purposes of this Resolution the Republic of Kosovo administered in the manner

detailed in the operative clause and shall hereinafter be referred to as the Supervised State of

Kosovo ( SS),

The United Nations Security Council

1) Recommends that the region of Kosovo, being currently governed by the Assembly ofKosovo, shall be placed under the supervision of the United Nations in the manner detailed

below:i. The United Nations Council Overseeing Kosovo

a. The United Nations Council Overseeing Kosovo ( UNCOK) shall be anindependent and autonomous body authorised by the United Nations SecurityCouncil to oversee the functioning of the SS as detailed further.

b. The UNCOK shall consist of (1) a representative from each of the five permanentmembers of the United Nations as they stand as on the date of this Resolution,namely, the United States of America, the Russian Federation, the UnitedKingdom, the Peoples Republic of China and France, (2) a special representativeof the Secretary- General of the United Nations.

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c. The UNCOK shall have the mandate to supervise the governance of the SS by theAssembly of Kosovo by exercising a right to review all policy decisions taken bythe Assembly of Kosovo.

d. The decision of the UNCOK, in relation to any review or approval, shall be takenwith a simple majority of the votes cast. Each member of the UNCOK shall haveone vote only. There shall be no provision for a veto.

e. In the event that any policy decision taken by the Assembly of Kosovo is rejectedby the UNCOK, the UNCOK shall give reasons for such rejection. Also, upon suchrejection, the UNCOK shall make suitable recommendations and modificationsto the policy so rejected and send it back to the Assembly of Kosovo for furtherconsideration.

ii. Governance of the SSa. The Assembly of the Republic of Kosovo shall continue to govern Kosovo in all

spheres of governance, including but not limited to the executive, legislative and judicial functions;

b. In exercise of the functions as above, the Republic of Kosovo shall establish, ifnot already existing, institutions to carry out the aforementioned functions;

c. Any policy decisions taken by the Assembly of Kosovo in matters relating tointernal policies shall be subject to the prior review and approval of the UNCOK

which approval shall be given in the manner as provided in Clause 1. i. d. The Assembly of Kosovo shall be entitled to take policy decisions relating to its

foreign relations and policy by entering into treaties with other States. However,foreign policy of the Republic of Kosovo pertaining to any affiliation with

regional security arrangements and proposed treaties for the trade of arms andammunitions shall be subject to prior review and approval of the UNCOK.

e.

iii. Populationa. The SS undertakes to foster the existence of a multi-ethnic populace consisting

of peoples belonging to different ethnicities. b. The SS undertakes to actively encourage any repatriation of people displaced

from the territory of Kosovo and take appropriate steps for their inclusion as a

populace.

iv. Security Sectora. Except as otherwise provided in Clause 1.ii above, the Republic of Kosovo shall

have authority over spheres of administration, including but not limited to, inrespect to law enforcement, security, justice, public safety, intelligence, civil

emergency response and border regulation.b. The international Civilian Representative (ICR) and the International Military

Presence (IMP). in accordance with provisions of this settlement and in line

with their respective mandates, shall supervise and guide the development and

evolution of the Kosovo security institutions.

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c. A new professional and multiethnic Kosovo Security Force (KSF) shall beestablished, and shall develop a lightly armed component capable of specifiedsecurity functions, in accordance with Annex VIII of this Settlement.

d. Kosovo shall establish a civilian-led organization of the Government to exercisecivilian control over the KSF, in accordance with this Settlement.

e. The KPC, having accomplished its goals, including the facilitation of Kosovo'spost- conflict recovery, shall be dissolved within one year of the conclusion ofthe transition period as set forth in Article 15 of this Settlement.

f. All organizations not authorized by law to conduct activities in Kosovo in thesecurity sector shall cease to operate

g. v. Presence of peace keeping forces

a. A peacekeeping force along the lines of the United Nations Peace KeepingForces shall be formed and placed under the control and administration of the

UNCOK. This peace-keeping force shall be called the Special Forces for Peace-keeping in Kosovo (SPECFORK).

b. The Kosovo Forces (KFOR) shall be dissolved and its personnel shall beassimilated into the SPECFORK.

c. The constitution and strength of SPECFORK shall be reviewed and determined bythe UNCOK.

d. The SPECFORK shall be committed to withdrawal of its personnel as and whenapproved by the UNCOK.

e. It is agreed and affirmed that the SS shall be entitled to raise and thereaftermaintain its armed forces, to be called the Armed Forces of Kosovo ( AFOK)

only when the phase-wise withdrawal of the SPECFORK begins.f.

vi. Police Force a. A police force, for exercise of civil security, having a unified chain of command

shall be maintained throughout the SS, to be called the Kosovo Police ( KP).b. The KP shall operate in accordance with internationally recognized democratic

standards and human rights, and shall ensure equitable representation of allcommunities throughout their ranks. The ethnic composition of the KP, to theextent possible, reflects the ethnic composition of the population within the SS.

c. It is agreed and affirmed that the KP shall be under the control andadministration of an authority established by the Assembly of Kosovo for thatpurpose.

d. vii. Military

a. The SS confirms that the AFOK shall not bear any arms of whatsoever nature tillsuch time as may be determined by virtue of Clause 1.v.e.

b. In keeping with the provisions of Clause 1.ii., the SS shall be entitled to concludebilateral agreements for trade of arms and ammunitions. However, the State so

entering into such agreement with the SS may not deliver the arms and

ammunitions traded thereunder to the SS and will hold them in trust on behalfof SS till such time as the AFOK is allowed to bear arms.

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c. It is affirmed that the SS shall be entitled to approach any member nation of theUnited Nations for the purpose of such member nation to provide adequatemilitary training to the personnel of AFOK. However, such military training shallnot involve any joint military exercise.