To what extent do arms transfer controls in Kosovo comply with European Union (EU) and international standards? This report from Saferworld analyses Kosovo’s arms transfer control framework. While the international administration has introduced limited controls on the transfer of arms to and from Kosovo, the existing regulatory framework has many gaps. The ongoing Internal Security Sector Review and talks on Kosovo’s final status nevertheless provide unique opportunities to address these issues.
The development of appropriate policy, legislation, administrative capacity and arrangements for information-sharing and cooperation in regard to arms transfer controls should be undertaken. The framework by which international arms transfers in Kosovo are regulated and overseen must be appropriate to the task at hand. It must serve the needs of Kosovo’s developing security and justice institutions, while remaining sensitive to capacity limitations. Dependent on the outcome of final status talks, appropriate legislation and operative provisions ensuring that Kosovo’s system is compatible with EU standards should be developed. Steps should be taken to ensure a high degree of transparency in decision-making on such issues.
Analysis of Kosovo’s legislative framework for arms transfer control reveals that:
- UN Mission in Kosovo (UNMIK) Regulation 2005/41 prohibits the import of any weapon, its parts or ammunition, unless authorised by UNMIK or the Kosovo Force (KFOR).
- The Provisional Criminal Code prohibits internal supply, transportation, exchange or sale of weapons without authorisation. Currently there is no authorised importation of guns for civilian use, since there are no licensed weapons retailers in Kosovo.
- Unauthorised production of weapons is prohibited and there is currently no authorised production in Kosovo that could constitute a basis for exports abroad.
- Weapons transferred by KFOR are not subject to UNMIK regulation, but are regulated by internal KFOR procedures. KFOR doesn’t make publicly available detailed information on the fate of unregistered weapons it seizes.
- While current regulatory arrangements are easy to administer, enhanced administrative capacity will likely be required in future.
- The capacity of Kosovo’s security agencies to investigate and prosecute crimes relating to small arms and light weapons (SALW) trafficking is doubtful. Capacities need developing across the criminal justice sector if controls are to be maintained.
The international community must monitor arms transfer control practice within Kosovo, and offer training to actors likely to administer future arms transfer control systems. International actors should publicly clarify policy and practice regarding disposal of surplus and seized SALW, and provide details of transfers from Kosovo. The EU should develop a specific and context-sensitive programme in Kosovo to address all aspects of transfer control in a strategic fashion. UNMIK and the Provisional Institutions of Self-Government should:
- ensure that due consideration is given to the development of appropriate and effective arms transfer controls;
- maintain a focus on arms transfer control and transparency issues when establishing SALW control structures and policies;
- develop the legislation to control arms transfers in a manner compatible with EU and international standards;
- conduct a needs assessment among institutions and individuals tasked with maintaining transfer controls prior to seeking international assistance for capacity-building;
- ensure that developments in this field appropriately reference the framework laid down by the settlement on Kosovo’s final status; and
- give due consideration to questions relating to decentralisation and inter-ethnic relations when developing policy on transit, transhipment and import.
