No Kosovo Army Without Constitutional Changes

But these efforts, viewed as continuation of previous initiatives, which eventually did not result in the formation of the Army, as constitutional changes will be needed for the establishment of a defence force.

The Kosovo government the previous day has adopted the package of bills regulating the role, function and service in the Kosovo Security Force.

That package includes the draft law on the Kosovo Security Force, the draft service bill on the Kosovo Security Force and the defence ministry bill.

MP Rexhep Selimi from the opposition party ranks, the Vetevendosje Movement, a member of the Kosovo Security Force's Internal Affairs, Security and Supervision Commission, told Radio Free Europe that they will support constitutional changes that make the KSF in the Army, as well as support the legal changes that advance the KSF mission.

While the KSF is a constitutional category, then changing its name and constitutional mission can only be changed to the Constitution. However, there are possibilities and other spaces to have changes even within existing” laws.

“This task is clear and does not need to be interpreted differently or misinterpreted, nor does it need to create large expectations. What is evident in this case has continued the same routine since 2014 to this day, bringing this law to the Parliament and retreating. This time we would not want them to step down”, Selimi says.

The Kosovo Government's attempt to transform the KSF into the Kosovo Army is done through the KSF law, can hardly be done, says security affairs connoisseur Nuredin Ibishi, former Kosovo Assembly Presidents.

Ibishi, in a proposal for Radio Free Europe, says these bills in a similar form have been even earlier, but have not been passed after they faced opposition, especially from NATO internationals and authorities.

The government is making an urgent next attempt without proper consultation at least suggest it will make such a decision. I think these bills are necessary, but really those previous procedures, especially when they've had to deal with the issue of modalities to go without constitutional changes, she has encountered resistance because internationals have said that transforming the KSF into the military, should only be done with constitutional changes”, Ibishi says.

NATO officials and international partners have already indicated the position that transforming the Kosovo Security Forces into Armed Forces should be made through constitutional changes.

The United States Embassy has said that Kosovo authorities have not consulted the decision on adopting the bill package to transform KSF.

“We have not consulted us for the time when the decision was made and we must analyse the bills to understand their purpose and effect”, said an American Embassy communiqué.

“The United States has always supported Kosovo's sovereign right to have the military and have worked closely with Kosovo on how to achieve this”, the communique noted.

Last year, Kosovo President Hashim Thaci had sent a law to the Parliament through which he was taught to convert the KSF into the Army. But this law was withdrawn, with the argument that it would try to make this transformation through constitutional changes.

But constitutional amendments require two-thirds of the deputies, including two-thirds of the minority deputies, who, according to Ibishi, are currently not.

“These bills can be passed if the Constitution is not affected, it means without the change of the KSF name, but if the name is thought to be changed it will go with amendments to the Constitution and it includes a whole legal package, where there are about 43 laws that include making changes due to the name. So it all depends on whether to change the name”.

If the name is not changed, then you can only go with this package of three basic KSF laws, but there will be resistance from internationals that they have stressed that it has to be made with constitutional changes, including two-thirds in the Assembly, including the minorities that this brings problems to”, says Ibishi.

The Serbian list, represented in the Kosovo Assembly, has consistently rejected the KSF's transformation into Armed Forces through constitutional changes.

The deputy head of the Serbian List and Kosovo Assembly MP, Igor Sibiu, has told Radio Free Europe that the Serbian List will not support the formation of the Kosovo Army.

The only legal military power in Kosovo, according to UN Security Council Resolution 1244, is KFOR, which in these areas has come with the reconciliation of the Republic of Serbia, Symun has said.

The Kosovo Security Force is a multiethnic, uniformised and equipped with light weapons.

The KSF was established in 2009, according to the General Plan for the Status of Kosovo, of President Martti Ahtisaari, on which Kosovo's independence was declared.

The KSF numbers more than 2,000 members, of whom 200 belong to minority communities, while 100 are from the Serb community.