Taking into consideration the new reality on the ground, the Security Council Presidential Statement of 26 November 2008 (S/PRST/2008/44), welcomed the Secretary-General’s report of 24 November 2008 (S/2008/692), which reported that the Secretary-General had instructed the Head of UNMIK to facilitate European Union preparations to undertake an enhanced operational role in Kosovo in the rule of law area, with full respect for Security Council resolution 1244 (1999) and operating under the overall authority and within the status-neutral framework of the United Nations. Following this Presidential Statement, the European Union Rule of Law Mission in Kosovo (EULEX) deployed throughout Kosovo on 9 December 2008.
Consequently, UNMIK ceased the bulk of its rule of law operations and reconfigured its justice operations into a Rule of Law Liaison Office (RoLLO), and the Office of the Senior Police Advisor. RoLLO monitors activities in the area of rule of law and continues to fulfill certain necessary functions that neither EULEX nor the Kosovo institutions are able to exercise.
In this regard, UNMIK facilitates relations between member states that do not recognise Kosovo and the Kosovo institutions. Specifically, UNMIK facilitates the transmission of requests for mutual legal assistance, and the issuance of International Wanted Notices (“Red Notices”) through INTERPOL.
Furthermore, RoLLO provides certification of civil documents needed by Kosovo residents in their dealings with non-recognizing member states--these include primarily the certification of civil status, pension and academic documents. In these areas, UNMIK experiences good cooperation at the technical level with relevant local authorities.
UNMIK also monitored the appointment process for legal positions within the Kosovo justice system and provides technical assistance and advice if sought. The Independent Judicial and Prosecutorial Commission (IJPC) recently completed the initial process of appointment of judges and prosecutors and transferred these duties to the Kosovo Judicial Council (KJC).
The Rule of Law Liaison Office, together with the UNMIK Chief of Staff, also assists the important Belgrade – Pristina cooperation on missing persons. An UNMIK representative serves as part of the Pristina Delegation in the Working Group on Missing Persons, chaired by the ICRC. UNMIK also facilitates the participation of Kosovo representatives in regular Working Group meetings in Belgrade.
