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Journal of Conflict and Security Law Advance Access originally published online on April 17, 2007
Journal of Conflict and Security Law 2007 12(1):139-148; doi:10.1093/jcsl/krm002
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Journal of Conflict & Security Law Copyright © Oxford University Press 2007

Nationalising Kosovo's Ombudsperson

Christopher P. M. Waters*

* Senior Lecturer, School of Law, University of Reading and, at the time of writing, Visiting Research Fellow, Department of Politics and International Relations (Changing Character of War Programme), Oxford University, UK

Correspondence: c.p.m.waters{at}reading.ac.uk


  Abstract

In February 2006, the United Nations Mission in Kosovo (UNMIK) ‘nationalised’ the Kosovo Ombudsperson. This entailed making the Ombudsperson a Kosovar and removing oversight of UNMIK from the Ombudsperson's jurisdiction. Nationalisation of this, and other Kosovar institutions, has been on the agenda for some time, but the timing and manner of changes to the Ombudsperson's Institution have been controversial. There are two concerns in particular. The first is that in ethnically divided Kosovo, a local citizen may not have the trust of all groups at this time; it may have been premature to appoint a Kosovar. The second concern is that UNMIK now has no authoritative independent accountability mechanism – in other words, who now ‘guards the guardians’ in Kosovo? These concerns have implications not only for Kosovo but for peace support operations generally.


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