CONTENTS

YOUNES DENIES INFORMATION ON KOUCHNER LEAVING KOSOVO
ABRAMOVITZ: SERBIA CANNOT HAVE CONTROL OVER KOSOVO
NEW LAWS SECEDE KOSOVO FROM YUGOSLAV LEGISLATURE

YOUNES DENIES INFORMATION ON KOUCHNER LEAVING KOSOVO

"Kouchner will not leave before United Nations Secretary General Kofi Annan appoints his successor," said Nadia Younes, spokeswoman for the SRSG, denying a report published Wednesday by the British daily "The Guardian" that Kouchner would leave Kosovo on 15 December, reported Koha Ditore on page three.

Asked Wednesday to comment on the information of the British daily paper, Younes was quoted as saying, "I do not where they got the information from".

Citing diplomatic sources within the UN, "The Guardian" said Wednesday that Bernard Kouchner told UN SG Kofi Annan he would leave Kosovo in less than three weeks. According to the report, Dr. Kouchner passed the message to Annan through undersecretary general in charge of peacekeeping, Jean Marie Guehenno.

On the other hand, Younes told the paper that Kouchner expressed willingness to leave the post in Kosovo taking into consideration that a new stage would begin in Kosovo after local elections. However, she said that Kouchner would leave only after Annan appoints a successor to his post.

According to an AFP report, Paddy Ashdown, the most likely candidate for Kouchner's current post,  has refused it. Sources within the United Nations told the French news agency that during a phone conversation Tuesday night with Kofi Annan, Ashdown said he could not accept the position.

ABRAMOVITZ: SERBIA CANNOT HAVE CONTROL OVER KOSOVO

One of the American foreign policy's greatest personalities, Morton Abramovitz reminded Belgrade and the international community that "if Serbia insists on control over Kosovo, democracy and stability will not be successful in Serbia," reported Zëri on page seven.

The former undersecretary of State in State Department (also an advisor of the Albanian delegation in Rambouillet), Abramovitz has publicly said what is now a secret for only a few: everything in the Balkans depends on the decisions made by the West, Zeri concluded. For now the signs are hopeless. Abramovitz belongs to the group of people convinced that after a successful intercession to stop the Serb  ethnic cleansing of Albanians, the West has taken a wrong turn in its treatment of  Belgrade since Kostunica has arrived in the government.

Abramovitz has the same opinion as many analysts in Washington that the West does not solve any problems with its hastiness to accept Serbia in international institutions. In a comment published by "Washington Post" Abramovitz charges that the US betrayed Montenegro and is feeding Serbia with the idea that  Kosovo remains a part of it.

As for Montenegro, there is a simple solution: it is all right if Podgorica wishes to remain in a federation with Serbia, if not then the West does not have any basis to forbid Montenegro the same right that has been given to former Yugoslav republics. Whereas the "Kosovo issue is much more difficult", continues Abramovitz because the leaders of the European Union and Kostunica are convinced that Kosovo's fate must be sought within FRY. Abramovitz does not think this way, because Kosovo's entire population is against such an idea.

The former American diplomat mentions the successful elections in Kosovo, and the future ones in Serbia as very important for a new beginning. However he says that if Serbian elections were allowed in Kosovo, they would be problematic. Nevertheless, the US shares the opinion of Kouchner that the Serb elections foreseen for the 23rd of December should not be held in Kosovo, stressing "technical issues" as a justification.

Both Washington and Kouchner agree that general elections should be held as soon as possible- possibly in spring. Abramovitz said that such elections would make possible the eventual dialogue between Pristina and Belgrade, "however the prospect for such a cooperation would be better if the West does not encourage Belgrade into believing  there is still a possibility of Belgrade controlling Kosovo".

"Serbia has showed that it is incapable of integrating the Kosovars in its politic. As a state with a wicked democracy, it is necessary for Serbia to talk regularly to Kosovo, if possible to keep relations and above all to make preparations if needed to accept Kosovo's independence," writes Abramovitz.

On the other hand, the West is faced with an issue regarding Albanians. The Serb - Albanian conflict along the border with Kosovo has raised concern among NATO officials by suggesting the possibility of Yugoslav forces cooperating with NATO "in order to control the Albanian rebels in Presevo valley".

Sources in the Western press have said that NATO's military committee has been engaged with making suggestions on how the alliance should act to ensure Belgrade that peace will remain in Presevo, Bujanovac and Medvedja. However, Washington will not accept such cooperation for several reasons. According to the "military-technical agreement" of Kumanova, Yugoslav troops are not allowed in the neutral zone, whereas NATO forces may enter this zone "only for specific reasons". Nevertheless, the danger threatening this region may oblige American troops, tasked with defending the sector along the border, to enter the neutral zone in order to prevent Serb forces from entering in a one-sided way.

A possible penetration of Serb forces into this zone would cause many problems not only for the Albanian population, but also for the American troops. If  Serb soldiers were found unexpectedly inside Kosovo's border, it would mean that they would enter inside Kosovo also, and that there would be no definite border to  Kosovo territory where their further penetration would be prevented. On the other hand, the Serb side and the Albanian side would endanger the American troops just as well, because in the eyes of Albanians, such cooperation would be characterized as a conspiracy against them. According to analysts in Washington, this is only an option that will not become reality.

Meanwhile, the U.S. and NATO warn Kostunica to soften his rhetoric and not to threaten Albanians with military intercession and ultimatums, instead to use the language of peace and agreement.

NEW LAWS SECEDE KOSOVO FROM YUGOSLAV LEGISLATURE

Board of Commission for Drafting Laws in Kosovo formed by SRSG Bernard Kouchner in cooperation with experts from EU Council are giving a last look at the (new) penal laws of Kosovo. These are most important laws in Kosovo and they have been under preparation since last year in cooperation with EU experts, which are mostly university professors, reported Zëri on page six. 

Nekibe Kelmendi co-head of the Department of Justice said yesterday before her departure for Strasbourg that the drafting of laws has been very difficult and just as successful. "These are laws that will definitely separate Kosovo from Yugoslav legislation. In the absence of laws and not to allow a vacuum, we were forced to use former Yugoslav penal laws that were in effect before 1989. Now we definitely splitting from applying law that were uniquely used by former Yugoslavia.

She considered that the Council of Europe experts would  not have any remarks on these laws and after the procedure ends in New York and Dr. Bernard Kouchner signs them, these laws will be published. She is convinced that by beginning of next year Kosovo will have its laws and others laws concerning economy, administration, that will slowly form a new legislation for Kosovo. Kosovo's penal law, Mrs. Kelmendi said, is considered the most advanced and contemporary laws drafted by any state in transition or in any of the east European states. She said she hoped that this penal law will become an example to other states emerging from a totalitarian communist system.

As co-head of the Department of Justice Nekibe Kelmendi has set out many objectives for rebuilding the judicial system. Among these are the reforms of the courts and judicial system. Both of these issues are to be realized very soon. Preparations are more or less over and reforms will start by early next year.

"The Court or Department of Justice is not satisfied with the current cooperation between the police and the courts. In Kosovo, we need cooperation between the court and prosecutors, because for the crimes that are happening in Kosovo, there has to be greater cooperation between prosecutor's office and the police. If these bodies cooperate, then the criminals will be caught, because the court only tries the cases, they do not prosecute them.

Referring to the escape of suspects from the Mitrovica prison, Kelmendi said that UNMIK police failed: they were not vigilant enough and did not guard the inmates properly. "If there was serious consideration this would not have happened. The district prison in Mitrovica is on the northern part of this town, which is known to be controlled by Serb Secret Services. There were surely mistakes by KFOR too. I am sorry that they escaped and the proper punishment could not be served to them. I have remarks for The Hague Tribunal, which did not include all war criminals in a single indictment. I personally felt responsible for what happened in Mitrovica. However I did not resign because I considered that the court or respectively the Department of Justice has not been managing that prison since 27 November 1999," said Kelmendi.  The Hague Tribunal did not indict these criminals. It was left for the Kosovar society to indict and try them. The transfer of the Prizren prison to Mitrovica was a wrong move, "UNMIK administration knew that they did not have control of northern Mitrovica, that part of the town is controlled by criminals which still have not been caught yet, even though they could be apprehended," she concluded Kelmendi.