Global Policy Forum

By Doug Bereuter and Thomas D. Grant*

A spasm of violence orchestrated by ethnic Albanian extremists in Kosovo this spring put paid the notion that the troubled Balkan province is ready for full self-government. Yet a stumbling U.N. administration has failed to foster the institutions and economic stabilization that are essential if self-government ever is to be achieved. Caught between its own unreadiness and the disappointments of the present form of international tutelage, Kosovo needs a fresh approach.

As the international community faces a decision on Kosovo's status in mid-2005, consideration should be given to an option that would facilitate European integration of the entity while continuing international guarantees of minority rights. The United Nations should next year hand over the governance of Kosovo to the European Union itself, under the authority of the U.N. trusteeship system.

Establishing a Trust Territory of Kosovo under the administration of the EU would be a creative mechanism to bring good government to Kosovo today. At the same time, it would put Kosovo firmly on the path to eventually become part of the EU without immediately prejudging whether it ultimately will enter the union as a part of Serbia or as an independent state.

Given the EU's own vision for integrating the Western Balkans into the Union, it makes sense to begin the arduous process of harmonization as soon as possible. But Kosovo is not like other European lands, because its civil service, government, and courts are not ready to handle the job of harmonization. Therefore, the EU itself should take over the civilian administration of Kosovo, while leaving NATO in charge of security in the province.

Admittedly, this idea is unlikely to be popular in the corridors of the EU institutions. EU officials will note that they have plenty on their plate at the moment, as they integrate the newest member states, seek ratification of the draft constitutional treaty, and prepare to assume the peace operation in Bosnia from NATO. We would expect little enthusiasm in Brussels for involving the EU in an economic basket case and political tinderbox. Nevertheless, an EU trusteeship in Kosovo holds out the prospect of bringing long-term stability to one of Europe's most troubled territories, and the overall benefits would greatly outweigh the short-term burdens.

An EU administration would have the authority to adapt Kosovo's legal system -- largely a leftover from Yugoslav communism -- to modern European law. In turn, a solid commercial code would facilitate foreign direct investment in Kosovo, essential if an economy currently suffering from 57% unemployment is ever to revive. The EU could also admit Kosovo, which already uses the euro as its currency, to the European Economic Area, reducing the cost of imported goods and facilitating Kosovar exports to the EU.

There are two possible challenges to such an arrangement. First, the U.N. Charter makes no explicit provision for an international organization other than the U.N. to administer a trust territory. Second, the Charter states, "The trusteeship system shall not apply to territories which have become Members of the United Nations," and Serbia and Montenegro is a U.N. member.

With respect to the first concern, the Charter plainly provides for international organizations other than the U.N. to discharge Security Council mandates. Add to this Article 81, which allows a trusteeship to be administered by more than one state, and it seems permissible to give the task to a regional organization like the EU.

As to the second concern, there may be two ways forward. First, it may be that the 1999 withdrawal of Yugoslav authorities left Kosovo without any government whatsoever, necessitating international administration. That would negate any argument by Belgrade that trusteeship violates its "sovereign" rights. Alternatively, it is possible that Serbia and Montenegro might agree to having Kosovo become a trust territory if Belgrade were persuaded that it was the only alternative to the inevitability of Kosovar independence and the best way to protect Kosovo's Serb minority.

The most important step would be to gain the assent of the Kosovars themselves. There is no doubt that the Albanian majority prefers independence, notwithstanding all the international problems that it would almost certainly cause. Yet the violence of this spring demonstrated that some form of international administration is still needed to protect the Serb minority and to ensure that Kosovo becomes a responsible member of the international community. For an EU trusteeship to work, the international community, and the EU specifically, would have to persuade the people of Kosovo that the Union can deliver the rights and prosperity they long have sought. A European Union trusteeship may be the best way forward to help all of the people of Kosovo to enjoy those benefits.

About the Authors: Rep. Bereuter, a Republican from Nebraska, is chairman of the Subcommittee on Europe of the House International Relations Committee and president of the NATO Parliamentary Assembly. Mr. Grant is senior research fellow in international law at Wolfson College, Cambridge University.

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