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East European Politics &
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DOI: 10.1177/0888325408315766
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East European Politics and Societies
Suzette R. Grillot
Policing Via Principles: Reforming the Use of Force in the Western Balkans
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Policing Via Principles: Reforming the
Use of Force in the Western Balkans
1
Suzette R. Grillot*
After a significant period of violent conflict in the Western Balkans, countries
in the region, specifically Albania, Bosnia-Herzegovina, Croatia, Macedonia,
Serbia-Montenegro, and the United Nations (UN) protectorate of Kosovo,
have embarked on a process of democratic reform. Part of the democratiza-
tion effort involves reforming the police force. One important, yet not often
studied, aspect of police reform is the appropriate use of force with firearms.
This study explores the process of police reform in the Western Balkan region
to assess the implementation of the UN Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials. Ultimately, this study offers a view
of law enforcement activities in an attempt to assess how well these countries
are incorporating international standards on the use of force with firearms
into their national police practices. In so doing, this research enriches our
understanding of weapons issues within the context of security sector, and
specifically police reform.
K
Keeyyw
wo
orrd
dss:: Western Balkans; Albania; Bosnia-Herzegovina; Croatia; Macedonia;
Serbia-Montenegro; Kosovo; security sector reform; police reform; democratic
policing; use of force with firearms
After a significant period of violent conflict in the Western
Balkans, countries in the region, specifically Albania, Bosnia-
Herzegovina, Croatia, Macedonia, Serbia-Montenegro, and the
United Nations (UN) protectorate of Kosovo, have embarked on a
process of democratic reform.
2
Part of the democratization effort
involves reforming the security sector—those agencies and institu-
tions that are responsible for maintaining a country’s security.
3
In
East European Politics and Societies, Vol. 22, No. 2, pages 319–346. ISSN 0888-3254
© 2008 by the American Council of Learned Societies. All rights reserved.
DOI: 10.1177/0888325408315766
319
*The author thanks the Small Arms Survey for its financial support of this project. The U.S.
Fulbright program and the University of Oklahoma also supported portions of the research.
The author thanks Shelly O. Stoneman and Hans Risser for their in-country research assistance
and Molly Hanna, Kerri Shadid, and Caitlin Corbett for their desk-based research assistance in
the United States. The author also thanks the editor of and reviewers for East European Politics
and Societies
for their valuable comments.
post-conflict situations, particularly in countries where domestic
security forces have been involved in perpetrating violence, secu-
rity sector reform is an essential step in achieving a real and sus-
tainable peace.
4
This certainly is the case in the Western Balkans
where security institutions, such as the police, are “regarded as
emblematic of the problems and abuses that have torn societies
apart.”
5
Throughout the region, the police regularly and frequently
misused force, and these war-torn and divided societies have since
struggled with reforming police practices. A lack of political and
economic development and a high level of official corruption do
provide significant challenges.
6
Nonetheless, Western Balkan gov-
ernments are working to reform and revamp their security institu-
tions as greater integration with the West and incorporation into
institutions such as the European Union (EU) and North Atlantic
Treaty Organization (NATO) requires progress be made toward
democratic policing practices.
7
Ultimately, the development of
democratic police forces in the Western Balkans is believed to be
the key to decreasing hostilities and violent conflict and increasing
stability and development.
8
What is meant by democratic policing? More than the simple
concept of majority rule, democracy involves respect for funda-
mental human rights and freedoms. Democracy means trans-
parency and accountability—and the police in a democratic
society are no exception. The police in democratic societies
must simultaneously secure and protect the citizens they have
sworn to serve, on the one hand, and respect and operate in
accordance with the fundamental rights and freedoms that citi-
zens of a democratic society enjoy, on the other hand.
9
Democratic police forces reflect the societies they serve and are
responsive to the entirety of the population within their jurisdic-
tion.
10
Democratic police forces are, therefore, professional
forces, not political ones. They are agents of the law, not a par-
ticular political persuasion or government—and they are to be
“accountable to the communities being policed” rather than to
some dominant or authoritarian regime.
11
One important, yet not often studied, aspect of police reform is
the appropriate use of force with firearms.
12
To protect and serve
in a professional manner, democratic police forces must be trained
320
The Use of Force in the Western Balkans
to use force in accordance with acceptable standards. Using appropriate
force with firearms leads to a mutual trust between police and cit-
izens. If citizens do not trust their police forces, they may “take the
law into their own hands” and resort to violent behavior rather
than allowing security providers handle their concerns. In war-
torn and divided societies such as those in the Western Balkans, a
lack of trust in the police increases individual gun ownership, the
spread and availability of weaponry, and a potential for armed vio-
lence.
13
Efforts to reform policing in the Western Balkans, there-
fore, have focused, among other things, on the implementation of
internationally accepted standards for the appropriate use of force
with firearms. These standards, in particular, are a result of United
Nations action more than a decade ago and serve as the center-
piece of this study.
In 1990, the United Nations passed a resolution titled “Basic
Principles on the Use of Force and Firearms by Law Enforcement
Officials.”
14
The document set forth a number of standards regard-
ing the responsibilities of member states’ police forces. Because
law enforcement officers play a critical role in protecting life, lib-
erty, and personal security, UN members recognized the necessity
of establishing common rules that guide the behavior of those
who enforce national laws. Those standards include limitations on
and regulations for police officers regarding the use of force with
firearms. Such prescriptions encourage the development of non-
violent and nonlethal restraining devices and require the use of
firearms as a last resort. There are times, however, when the use
of force is unavoidable. In such instances, law enforcement per-
sonnel are expected to use firearms only in cases of self-defense,
when such force is required to defend others, to prevent a serious
criminal act that would lead to the loss of life, or to arrest or pre-
vent the escape of someone who poses a danger.
To guide and limit the police use of firearms, the 1990 UN
Basic Principles agreement requires states to develop and imple-
ment rules and regulations that address the following issues:
1. The licensing and carrying of firearms and ammunition for law
enforcement personnel;
2. The appropriate times and circumstances when police officers may
use firearms while on the job;
East European Politics and Societies
321
3. The control, storage, and accounting of police arsenals;
4. The procedures for issuing warnings before the use of firearms;
5. A system for reporting the use of firearms in the line of duty;
6. The humane treatment of persons in the custody of police officers;
7. The dispersing of unlawful assemblies;
8. The citizen reporting of police abuses;
9. The accountability of officers accused of inappropriate use of force; and
10. The selection, training, and counseling of law enforcement personnel.
All of these procedures should, according to the UN Basic
Principles document, be consistent with international standards
on police ethics and human rights. Doing so will ultimately
enhance confidence between citizens and security providers and
contribute to the development and perpetuation of democratic
societies based on the rule of law.
15
That being said, it is clear why the implementation of the UN
Basic Principles is essential in post-conflict societies like those of
the Western Balkans. After years of conflict, volatility and insta-
bility, issues of security sector, and particularly police reform are
of utmost importance. As stated above, law enforcement officials
in Western Balkan countries have played a significant role in per-
petrating violence and repression before, during, and even after
the wars of the 1990s. Reforms are now taking place in these
countries, and law enforcement procedures are a central focus.
This study explores the process of police reform to assess the imple-
mentation of the UN Basic Principles on the Use of Force and Firearms
by Law Enforcement Officials in Albania, Bosnia-Herzegovina, Croatia,
Macedonia, Serbia-Montenegro, and the UN protectorate of Kosovo.
All of the cases included in this study have experienced varying
degrees of violent conflict during the post–Cold War period and are
presently undergoing a time of transition and reform—particularly
in the law enforcement area. This study, therefore, provides a dis-
cussion of each country’s past police behavior and evaluates their
current police reform efforts regarding the role of human rights and
the appropriate use of force with firearms.
For this study, research was conducted in each aforemen-
tioned country. In-country research consisted of interviews with
relevant international and national governmental and non-
governmental officials and experts, the collection of documents
and police training curricula, and observations at each country’s
322
The Use of Force in the Western Balkans
police academies. In addition to the library research, follow-up
correspondences were also conducted to supplement, confirm,
and update in-country research. Ultimately, this study offers a
view of law enforcement issues and activities in these countries
in an attempt to assess how well they are incorporating interna-
tional standards on the use of force with firearms into their
national police practices. In so doing, this research enriches our
understanding of weapons issues within the context of security
sector, and specifically police, reform.
Albania
Unlike the ethnic conflict that has plagued other Western Balkan
countries, in Albania the violence that occurred during the 1990s
was because of political and economic instability and corruption.
Like in other countries in the region, however, Albanians have suf-
fered much at the hands of public police forces, given law enforce-
ment officials have reportedly engaged in the excessive use of force
during arrests and detentions, in violent criminal acts related to
drug and human trafficking, and in various other instances of mis-
conduct.
16
Moreover, during the state of emergency in 1997, police
forces were authorized to open fire without warning to disperse
crowds and to shoot individuals, who fail to surrender their guns.
The emergency situation at that time resulted from the collapse of
the pyramid scheme led by the country’s president. As a result, out-
raged Albanian citizens stormed and looted police and army
weapons depots and absconded with more than a half a million
firearms and millions of rounds of ammunition. Numerous violent
incidents subsequently followed and the police responded with
violence in turn.
17
In addition, law enforcement officials in Albania
have often been accused of political partisanship and the ill-treat-
ment of detainees that are members of the opposition party. Police
have also allegedly executed people accused of crimes before the
legal process has concluded.
18
As a result of the violent interactions between the public and
the police, community relations were badly damaged. In response,
the Albanian Ministry of Interior, later (in 1998) replaced by the
Ministry of Public Order, established a “Police and Human Rights”
East European Politics and Societies
323
working group to coordinate police reform activities with interna-
tional organizations and actors. The Council of Europe, for
example, produced a training manual in Albanian for the Albanian
police forces titled “Human Rights and the Police” in September
1997. The council also translated a number of human rights docu-
ments, and organized and implemented a number of human
rights courses for lawyers, judges, and police officers.
19
In 1998, the new Ministry of Public Order (MPO) established a
mandate to promote transparency within the police force,
develop human rights training materials, and encourage discus-
sion about human rights among police officers. The MPO devel-
oped, in collaboration with the Council of Europe, a police guide
titled “Is Your Police Service a Human Rights Champion?” The
MPO and Council of Europe also worked with international non-
governmental organizations, such as the Danish Center for
Human Rights, to produce human rights materials, such as
brochures, videos, and posters, in the Albanian language and dis-
tribute them to police stations all over the country.
20
On February 24, 1998, the Albanian government passed a new
police law to authorize the restructuring of the police force.
21
This
law also outlines specifics on the licensing of guns to Albanian
police officers, registration procedures, and requirements for cen-
tral records. Moreover, the law regulates when weapons can be
used in the line of duty, emphasizing that officers must be acting in
self-defense if and when they discharge their weapons. The law also
mandates the MPO to train law enforcement officers. Such training is
implemented with the cooperation of various international agencies,
such as the U.S. Department of Justice’s International Criminal
Investigative Training Assistance Program (ICITAP), the United
Nations Development Program (UNDP), and the Council of
Europe, as well as a few Albanian nongovernmental organizations,
such as the Institute for Democracy and Mediation and the
Albanian Human Rights Center.
22
The UNDP plays a vital role in its support of community polic-
ing efforts as local communities must develop “community prob-
lem solving groups,” which include the participation of police
and citizens, to be eligible for the UNDP funded development
projects. The development assistance incentive has, according to
324
The Use of Force in the Western Balkans
the UNDP officials, had a positive effect on the willingness of the
police and public to work together to solve local problems and,
as a result, on the overall relations between law enforcement
officials and the people they serve.
23
The MPO, and not the international actors, are ultimately
responsible for the training of police officers and cadets on the
use of force with firearms. Police are obligated to carry their
licensed handgun when they are on and off duty, but the AK-47
that has been licensed to them must remain at the police station
armory. Only limited amounts of ammunition are issued to
police officers and they must account for every bullet. Officers
are also randomly tested on the use of force and firearms. Police
personnel must pass the written theoretical exam about when to
use force if they are to stay employed, but they may fail the prac-
tical shooting exam, which tests accuracy, as officials believe inac-
curate shooting can be corrected. Officials say they do not want
to see any problems with knowledge of the concepts behind the
use of force.
24
Have police reform efforts in Albania proven successful? MPO
officials report that in the last five years there have been no cases
of the misuse of firearms among law enforcement officers. This,
they suggest, indicates that police reform is working and that, as
a result, community and police relations are improving.
25
Moreover, independent reports suggest that the Albanian gov-
ernment is committed to police reform activities and that
progress is being made.
26
Bosnia-Herzegovina
After suffering from a long and brutal war in the early to mid-
1990s, Bosnia-Herzegovina struggles to recuperate and recover.
27
The reform of its police force constitutes a large part of the coun-
try’s recovery. During the bitter armed conflict in Bosnia, police
forces were involved in war crimes such as disappearances, exces-
sive force, and arbitrary killings.
28
Moreover, indicted war crimi-
nals have been found serving as law enforcement officials in the
post-war period,
29
and still other accounts of police misconduct
abound.
30
East European Politics and Societies
325
Relations between the police and the public have, therefore,
broken down, and trust between them must be rebuilt. This is the
conclusion, in other words, of international actors and Bosnian offi-
cials as they seek to rebuild the country after its war experience. In
1995, the United Nations International Police Task Force (UNIPTF)
was established in Bosnia to assist with the development of a civil-
ian police force that operates on the basis of international stan-
dards and the respect for human rights.
31
The group operated for
seven years, until January 2003, under the auspices of the UN High
Representative in Bosnia. Its purpose was to:
1. Monitor, observe, and inspect law enforcement activities and facilities,
including associated judicial organizations, structures, and proceedings;
2. Advise and train law enforcement personnel and forces;
3. Facilitate the country’s law enforcement activities;
4. Assess threats to public order and advise on law enforcement capa-
bilities to handle such threats;
5. Advise government authorities in Bosnia on the organization and
effective operation of civilian law enforcement agencies; and
6. Assist Bosnia’s law enforcement personnel as they carry out their
duties.
32
On January 1, 2003, the European Union Police Mission (EUPM)
replaced the UNIPTF and has sought to carry out its mission. The
EUPM actively embeds officers within the Bosnian police force man-
agement structure to observe police practices and provide assis-
tance as needed.
33
Because of these efforts, the police service has
been reformed to decrease law enforcement politicization, increase
its multiethnic balance, incorporate human rights training, and
establish background checks on all police currently and prospec-
tively employed. Moreover, the efforts of the UNIPTF and then the
EUPM are responsible for the development and implementation of
a Code of Conduct for Police in Bosnia. The Code of Conduct largely
addresses firearms issues and includes the following provisions:
1. Every police station may possess one long-barreled shotgun for
every ten officers;
2. There must be a separate storeroom for these weapons;
3. Every weapon stored in a police station is to be numbered, listed,
and lockedup;
326
The Use of Force in the Western Balkans
4. There must be two separate keys to unlock the firearms room that
are carried by separate individuals (the police commissioner and
another senior officer);
5. There will be court proceedings against individuals and stations that
do not follow these rules; and
6. The EUPM and NATO SFOR troops may perform weapons checks on
these police stations.
34
Also included in the Code of Conduct are procedures for the
proper use of weapons (regarding the use of warning shots, for
example) and the types of penalties that result from certain vio-
lations of the code.
35
In addition to the work of the UNIPTF and EUPM, the Council
of Europe and ICITAP have also proved instrumental regarding
police reform. The Council of Europe has engaged in a number of
human rights-oriented activities in Bosnia, from the training of
police trainers to the education of parliamentarians, civil servants,
judges, lawyers, law students, churches, and religious communi-
ties. The council has also translated and published a number of
human rights educational materials for the Bosnian population.
36
Police training is implemented by ICITAP at three Bosnian
police academies—one in Banja Luka, one in Vrace, and one in
Suda. For the police training program, ICITAP officials and
experts developed the use of force procedures and human rights
courses. Both are based, according to officials, on international
criteria and are consistent with the UN Basic Principles.
Moreover, ICITAP has worked with the Ministry of Interior to
establish a Professional Standards Unit where citizen complaints
about police misconduct are addressed.
37
Ultimately, officials throughout Bosnia suggest that a new gener-
ation of police officers is absorbing Western standards regarding
respect for human rights and constraints on the use of force with
firearms. Officials report that police officers in Bosnia are beginning
to believe their job is to serve and protect the citizens of the coun-
try. Incidents of improper police behavior have, according to offi-
cials, decreased substantially. Officials also believe that police
relations with the public have improved significantly and that the
country is on the right path toward a professional, democratic, and
East European Politics and Societies
327
internationally acceptable police force.
38
Pressure from the EU has
certainly played a positive role in making this happen.
39
Problems
do remain, however. Officials in the Republika Srpska rejected
police reform efforts in 2005, which may affect Bosnian negotia-
tions with the EU.
40
Additional progress on police reform in Bosnia-
Herzegovina, especially in Republika Srpska, must be made.
Croatia
As with other countries in the Western Balkans, Croatian
police forces have been accused of the excessive use of force and
various human rights abuses over the past many years.
41
International organizations and actors have, therefore, been
working with the Croatian Ministry of Interior to reform the
police force in Croatia to bring it in line with international human
rights standards and practices.
42
The Council of Europe, for
example, has organized and sponsored a number of seminars in
1998 and 1999 on policing and the respect for human rights, and
it has provided human rights and rule of law training for lawyers
and judges. The council also translated into Croatian the
brochure “Police Practice and Human Rights—A European
Introduction” and the video “Let’s Be Careful Out There.” These
materials have been used during the instruction of new police
officers as well as distributed to police stations around the coun-
try. Moreover, in 2000, the council cosponsored with the
Croatian Ministry of Interior a “Police and Human Rights Week,”
which coincided with human rights seminars for middle man-
agers in the police force.
43
The Organization for Security and Cooperation in Europe
(OSCE) is very much involved in police training in Croatia, focus-
ing largely on developing community police programs in an
attempt to build trust and confidence between the police and
the public they protect.
44
Moreover, the OSCE is working with
the Ministry of Interior (MoI) to reduce the number of police
officers in the country. Currently, 26,000 officers work in law
enforcement, which is much higher than the 15,000-17,000 that
European standards would encourage given Croatia’s population
figures. Attempts to reduce these numbers are ongoing, but
328
The Use of Force in the Western Balkans
OSCE officials suggest that the MoI has been slow to address the
problem. In addition, MoI police screening and hiring practices,
according to OSCE officials, are not transparent. Despite the
MoI’s development of a working group to reform its police
forces, OSCE officials say that the Ministry is dragging its feet.
45
The U.S. Department of Justice’s ICITAP program arrived in
Croatia in 2001 to establish and operate a police academy and
develop a multiethnic police force. Based on its 2000 assessment
of the existing Croatian police academy, ICITAP argued that the
country needed to enhance its professional standards and
decrease police corruption and misconduct. Under ICITAP’s
direction, the school now offers courses on police ethics, inter-
national human rights, and the use of force. Officers reportedly
carry a plastic card with them when on duty that instructs them
when to use weapons. At the academy, instructors are working
on a “use of force continuum” that offers officers a model for
when to use force with firearms.
46
Training for police officers requires nine months of schooling
at the police academy and a six month probation period while on
the force.
47
While at the academy, students train with various
weapons, but when they enter the police force they are licensed
a Glock 9mm handgun or a Czech made 9mm pistol, and a Czech
made 7.62mm or Beretta 7.62mm sniper rifle. Special police
forces are issued a Glock 9mm or a Croatian HS-2000 9mm hand-
gun, as well as a semiautomatic Heckler and Koch 9mm hand-
gun, a sniper rifle, and a shotgun. Officers are licensed to carry
their weapons twenty-four hours a day as police storage units are
reportedly inadequate in terms of security. Officers are, however,
asked to keep their weapons in a safe deposit box, separate from
ammunition, when at home and not on duty.
48
Surplus police weaponry is stored in twenty police stations
around the country. These arsenals are governed by the “Law
on Storage of Weapons, Ammunition, and Explosives.” Each
facility assigns an officer to protect and account for the
weapons and is inspected by the MoI’s Inspection Department
every year. According to OSCE and MoI officials, the Croatian
police hold approximately 25,000 weapons, 10% of which
remain in storage.
49
East European Politics and Societies
329
Regarding the use of force and police accountability, Articles
62 and 63 of the “Law on Police” concerns the “use of firearms
against persons.”
50
These articles are nearly identical to the UN
Basic Principles in that they specifically outline when, why, and
how it is warranted for a police officer to use a weapon in the line
of duty. If police officers are suspected or accused of improper
use of firearms, reports can be made at local police stations, at
the MoI, or via an anonymous phone number. Internal Affairs
officials then investigate the accusations.
51
Croatian and international officials have made tremendous
strides in reforming and professionalizing police forces in the
country. Human rights and use of force issues are acknowledged
and incorporated into police training programs. Perhaps the MoI
could be more forthcoming and more willing to expedite
reforms, but substantial progress has been made.
Kosovo
The serious human rights abuses that occurred in Kosovo dur-
ing the violent conflict of 1998 and 1999 are not easily forgotten.
Serbian police have been accused of perpetrating war crimes in
Kosovo against primarily ethnic Albanians, but other ethnicities,
such as the Roma, as well.
52
Numerous reports have documented
the excessive use of force, torture, and executions on the part of
Serbian police forces in Kosovo.
53
Less well known, however, are
the reprisals following the war in which Kosovar Albanians have
abused Serbian and Roma populations.
54
Reports of such actions
continue to this day.
55
Policing in Kosovo has, therefore, become
very important as the population cannot move forward and re-
build and develop in an insecure environment.
56
Undoubtedly, over the past many years, relations between the
police and the public have suffered. Building a new, professional,
multiethnic police force that respects human rights and dignity
and that communities can trust was, therefore, one of the first
tasks set forth after the 1999 NATO bombings in Kosovo and
elsewhere in Serbia and the establishment of the United Nations
Mission in Kosovo (UNMIK). In fact, shortly after the end of
NATO’s bombing campaign, ICITAP arrived in Kosovo to develop
330
The Use of Force in the Western Balkans
a police training program, in cooperation with the OSCE and
UNMIK. These actors worked together to build a new police
academy (the Kosovo Police Service School or KPSS) that would
train a multiethnic police force (the Kosovo Police Service or
KPS) that meets international standards of policing. The acad-
emy opened in August of 1999 and began training cadets in
March of 2000. Since that time, the academy has graduated over
6,000 police officers—many of whom have become members of
the school’s faculty. By 2004, 100% of the academy’s instructors
were graduates of the school.
57
The curriculum developed and used at the KPSS focuses on
police impartiality, international human rights standards, democ-
ratic policing, and acceptable practices regarding the use of force
with firearms. The 1990 UN Basic Principles are specifically incor-
porated into the block of training on legal matters. The Basic
Principles have been translated and printed in both the Albanian
and Serbian languages, as have policing videos, posters, and all
police training manuals.
58
To become a member of the KPS, a prospective cadet must
endure a rigorous selection process. Candidates are screened on the
basis of an entrance exam in which 80% of all applicants fail. During
their time at the school, leaders suggest that cadets experience pro-
fessional bonding and that students “arrive as Serbs or Albanians, but
leave as cops.”
59
Many, according to instructors, remain close friends
once they have graduated. Ultimately, this facilitates the develop-
ment of an impartial and multiethnic police force.
60
Regarding weapons and the use of force, all police cadets are
issued a 9mm Glock at the beginning of their training. During their
time at the academy, the cadets spend much time learning safe
and appropriate methods of weapon use, although instructors
admit that early in the school’s history, they focused on general
firearms use because of the need to field officers rather quickly.
Today, cadets are taking more time with firearms training.
61
Upon graduation, the weapon used during training (and kept
at the school’s armory except for when training with firearms)
goes with the officer as he or she enters the police force. The
weapon then remains with the police officer at all times. KPSS
instructors believe that training with their future duty weapon
East European Politics and Societies
331
allows police officers to become more comfortable and accurate
with the firearms—leading to fewer accidents and improper use
when engaged in police activity. Moreover, police officers in the
KPS are accountable for the weapons and ammunition licensed
directly to them. All rounds of ammunition are traded one for
one.
62
Although many strides have been made in the development of
an effective and professional police force in Kosovo, some prob-
lems remain. Some experts have suggested, for example, that
certain existing laws on criminal procedure in Kosovo, based on
those of the Federal Republic of Yugoslavia, conflict with inter-
national human rights law—and that Kosovar police officers
often apply the Former Republic of Yugoslavia (FRY) laws.
63
Moreover, these analysts also suggest that UNMIK laws are not
the best regarding the respect for human rights. According to
UNMIK rules, for example, police in Kosovo can arrest and detain
citizens “for security reasons,” which is, they argue, too vague
and gives law enforcement officers too broad of powers in the
execution of their duties.
64
In addition, western police officers
that are working in Kosovo (alongside those officers trained at
the KPSS) suggest that the human rights training at the school
has not resulted in a culture of law enforcement emphasizing
restrain in the use of force. One western officer, for example, states
that he has never before seen such disregard for western practices
until he came to Kosovo.
65
These experiences may, perhaps, be iso-
lated cases, but they indicate that the UN Basic Principles may not
have been internalized well at the operational level.
Macedonia
The Former Yugoslav Republic of Macedonia has also strug-
gled to reform its police forces.
66
Macedonian police officers reg-
ularly engaged in political violence, the excessive use of force,
detainee beatings, and torture as a way to extract confessions.
67
Abuses at the hands of the police largely targeted ethnic Albanian
populations as the police force has historically been comprised
of ethnic Macedonians.
68
A lack of trust is evident, therefore,
between the Macedonian and Albanian ethnic groups when it
332
The Use of Force in the Western Balkans
comes to police activity, which may be a significant, or at least a
partial, reason for the bloody civil conflict that emerged in 2001.
Part of the conflict’s resolution addressed this police issue when
the Agreed Framework was signed in September 2001. The
agreement stated that the Macedonian Ministry of Interior would
reform its law enforcement structure and incorporate ethnic
Albanians in a new professional police force.
69
Acting on this agreement, the Macedonian government shut
down its existing police academy and began working with the
OSCE, ICITAP, and the Council of Europe to organize a new police
school.
70
The previous academy, established in 1977 and run by the
Center for Education of Security Personnel, ceased to exist in May
of 2003 after all previous students enrolled in the program had
finished their training. The new academy, which is a four-year
school of higher education, began operations in late 2003.
71
It soon
incorporated the training programs instituted in 2001 by the OSCE
and ICITAP to specifically train minorities and integrate them into
the existing police force. Community policing programs have also
been developed and implemented to facilitate the involvement of
and building confidence among local communities.
Regarding the OSCE and ICITAP police training course, cadets
engage in a twelve-week theoretical and practical program
before a six-month stint of on-the-job training. The theoretical
training includes several lessons on the respect of human rights
and the acceptable procedures for the use of force and
firearms.
72
Several international documents, including the United
Nations Criminal Justice Standards for Law Enforcement Officials
and others relevant for human rights training, are used through-
out these courses. These documents, however, have been offi-
cially translated only into the Macedonian language, not the
Albanian language as well.
73
During their training, officers do not carry a firearm. Cadets
must complete their six months of on-the-job training and pass a
state exam before being issued a weapon. Officers that pass the
probationary period and the exam are licensed a handgun, an
AK-47, and limited amounts of ammunition. The accounting pro-
cedures for ammunition are, according to officials, fairly loose,
but there is strict accountability for weapons.
74
East European Politics and Societies
333
During their practical training at the academy, police cadets are
exposed to a “western firearms regimen” that focuses on limited
and restrained use of force.
75
They train primarily with AK-47 rifles,
as officers have these weapons with them at all times when on duty.
Unlike other Balkan countries, the AK-47 is seen in Macedonia as
the primary weapon of the police force. The OSCE and ICITAP
officials and instructors are attempting to change this to make the
AK-47 a secondary weapon, but the historic AK-47 culture has been
hard to break down.
76
Regarding existing police structures, the
police academy and programs mentioned above must all operate
within the context of the Macedonian MoI. The MoI must approve all
police reform programs and take part in training activities. This has
often proven difficult, according to international officials, given that
MoI authorities have felt pressed and pressured into police reform
after the conflict of 2001.
77
Interviews with Macedonian officials indi-
cate that they see few problems with their police force operations or
training programs.
78
International officials working closely with
Macedonian authorities believe, therefore, that the Macedonians
would quickly return to past policing practices if it were not for the
international presence.
79
A focus on senior police officers and the MoI officials has been
provided by the Council of Europe. Beginning in 2001, the
council engaged in programs to develop police curriculum and
train judges, lawyers, and the media on human rights standards.
But, the council also focused on senior-level police officers in an
attempt to socialize them and to enhance their internalization of
professional ethics and international human rights.
80
The OSCE
also trains middle-rank officers to be mentors in the police force.
Ultimately, the OSCE has trained or reformed more than 4,000
law enforcement officials at all levels in Macedonia on the basis
of Western, modern police practices.
81
Overall, authorities suggest that police reform projects and
the development of a multiethnic police force aware of and sensi-
tive to human rights issues and the appropriate procedures for the
use of force have progressed. Some international officials express
skepticism about the longevity of such programs, however, as their
experience with existing police authorities in Macedonia indicate
that once the international community withdraws from Macedonia,
334
The Use of Force in the Western Balkans
the practices of old will return. A foundation, in other words, has
been built, but the question of its long-term maintenance
remains to be seen.
Serbia and Montenegro
During the days of the former Yugoslavia, police officers were
often accused of repressing political opposition. Throughout the
1990s, reports of the excessive use of force, beatings, and torture at
the hands of law enforcement officials in the FRY emerged as well.
82
Because of the numerous problems with inappropriate behavior
on the part of the police, the OSCE conducted an in-depth study of
the police force in the FRY. In October 2001, the OSCE published its
“Study on Policing in the Federal Republic of Yugoslavia,” which
outlined the problems inherent in the FRY’s police force and
offered suggestions for a number of police reforms the FRY should
undertake to institute a modern, professional force that would
operate on the basis of principles, ethics, values, and openness. The
study suggested, for example, that the police were isolated from
their community and that they were “reactive and unresponsive.”
83
In general, law enforcement personnel were mistrusted by the
public. In December 2002, the OSCE conducted a public survey
about perceptions of the police. The results indicated that (1)
citizens believed the police exist to protect the government system
and not the people; and (2) the police force is “inefficient, slow and
secretive, made up of individuals lacking necessary education and
training.”
84
Ethnic Albanians and Roma perceived police to be
repressive, biased, and brutal.
85
Reforming the police practices was,
therefore, seen as a must.
Accordingly, the OSCE and other international organizations
began developing programs in conjunction with the Ministries of
Interior in Serbia and in Montenegro to facilitate effective police
training and legislation.
86
The ultimate goals were to establish a
multiethnic police force in the FRY; depoliticize, decentralize,
and demilitarize the existing police structure; develop profes-
sional codes of conduct helping to create a democratic, respon-
sible, and transparent police force respectful of the rule of law
and human rights; and educate new and old police officers on
East European Politics and Societies
335
the importance of and procedures for the controlled use of force
in their work.
87
The Council of Europe also became involved and provided
assistance that highlighted the importance of human rights in
Serbia and Montenegro.
88
The council organized and hosted a
series of workshops and seminars throughout 2003 to train
judges and lawyers on human rights standards, but also assisted
with the development of curriculum for the training of police
forces.
89
The council produced, translated, published, and dissemi-
nated the pamphlet “Human Rights and Their Protection under
International Law” for use in police training.
90
This brochure offers
a discussion of the importance of human rights, what they are,
how they are violated, and how to respect them. The pamphlet
also mentions the specifics of the UN Basic Principles and how,
when, and why force is to be used by law enforcement officials.
Other council training materials produced for the purpose of
police training include human rights manuals and instructor
workbooks.
91
Regarding police training, the OSCE has established three
police education sites—one near Belgrade, one in southern
Serbia (a volatile area considering its substantial ethnic Albanian
population and proximity to Kosovo), and one in Montenegro. At
all three facilities, police cadets are trained to become law
enforcement officers. Their experience at the academy lasts
approximately twelve weeks and focuses on the theoretical and
practical elements of policing, with a significant emphasis on
community policing and the particulars of working with and for
local populations to solve local problems. OSCE officials report
that, during their time at the academy, police cadets are also
trained to handle and use firearms and when to employ force to
enforce the law. Such training is not, however, handled by inter-
national authorities, but is instead managed by Ministry of
Interior authorities. Specifics regarding police arsenals, the
licensing of firearms to police officers, and instruction on the
use of force could not be gathered during this research project
as the author’s questions to Ministry of Interior officials about
this issue went unanswered—and the OSCE officials suggested
that they know nothing about the procedures either.
92
336
The Use of Force in the Western Balkans
The OSCE and Ministry of Interior officials reported, however,
that they believe these training facilities have worked well to
develop an appropriate and internationally acceptable police cul-
ture among young police forces. These officers then must main-
tain that training and culture once integrated into the larger police
force structure where they will work alongside existing officers
that were trained in years past (during the Milosevic regime, for
example). The OSCE and Ministry of Interior are also working to
change how existing police officers do their work, however, and
have implemented training programs to, in effect, retrain the
police of old. Middle-manager-level police officers are selected to
participate in these programs and, upon completion, become
mentors for other members of law enforcement. The overall effect
has been to revolutionize past police practices and put into place
a more open, democratic, and ethical police force.
93
Have they been successful in this regard? Governmental and
nongovernmental sources suggest that police forces are far from
where they need to be, but that they are certainly moving in the
right direction.
94
Some positive developments are evident. In
February 2002, the FRY Parliament passed a new “law on the
Protection of Rights and Freedoms of National Minorities” that
officially defines a national minority and establishes basic princi-
ples regarding their treatment in society. Specifically, the Law dis-
cusses such issues as the prohibition of discrimination, the
assurance of equality, the right to identity, the right to a native
language, the right to a culture, and the right to legal participa-
tion.
95
In the following year, the “Accountability for Human Rights
Violations” Act was created, which specifically and legally defined
the concept of human rights, described forms of violations,
emphasized the respect for dignity, and outlined procedures for
accountability.
96
In addition, in March 2003, the Serbian Ministry
of Interior, in collaboration with the Danish Center for Human
Rights, published the “Vision Document on the Reform of the
Ministry of Interior of the Republic of Serbia.”
97
Although
the Ministry of Interior is quite proud of this 600-page document,
the officials at international organizations suggest that this large
document is entirely “too vague” and, subsequently, “almost use-
less” for day-to-day police practices.
98
Finally, the Ministry of
East European Politics and Societies
337
Interior published a new “Code on Police Ethics and Manners of
Performing Police Duties” in April 2003 that addresses all aspects
of police behavior, including the respect for human life and the
limitations on coercive measures.
Much work has, therefore, been done in Serbia and Montenegro
regarding police reform. Today, law enforcement activities are
seemingly more restrained. This country has begun the process
of updating, professionalizing, depoliticizing, and decentralizing
its police force. Room for improvement remains, however, as
reports still emerge regarding the police poorly and harshly
treating those they have sworn to protect and serve.
99
Moreover,
police officers serving the former Serbian dictator, Slobodan
Milosevic, continue to serve on the police force. The country’s
police have also exhibited very little progress in arresting Ratko
Mladic, who has been accused of war crimes and should stand
trial in The Hague.
100
This lack of action has, in fact, led the EU
to interrupt negotiations with Serbia in 2006.
101
Police reform
in Serbia-Montenegro, therefore, is incomplete and requires
significant attention.
Conclusion
Research on the reform of police forces and the implementa-
tion of the 1990 UN Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials in the Western Balkan
region has produced some general findings as follows: Overall,
there is much these countries have in common. All of these ter-
ritories have experienced violent conflict in recent years and all
have witnessed the misconduct, to varying degrees, of police
officers. Most of the countries have experienced problems with
ethnic relations and have highlighted the need for a multiethnic
police force, while all have in some way seen significant prob-
lems with relations between the police and public. A significant
degree of mistrust exists among the populations throughout
these territories and a need for confidence building is evident.
All countries included in this study are undergoing a process of
political, economic, and social reform. Police reform is only one
aspect of the transitions taking place in these countries. All are in
338
The Use of Force in the Western Balkans
some way relying on outside assistance with training and resources
to professionalize their police forces and incorporate internation-
ally compatible standards of behavior regarding respect for human
rights and limits on the use of force with firearms. All countries
examined here are seemingly committed to change and are aware of
human rights issues. Moreover, all have engaged in various training
and retraining programs to facilitate and implement international
human rights standards in police practices.
Significant differences remain, however. Most important for this
study is that there is variance regarding the specific use of the UN
Basic Principles document and the awareness of its importance. As
mentioned, all Western Balkan countries have made headway regard-
ing human rights and the use of force with firearms. Not all, however,
relate their activities specifically to the UN Basic Principles. Moreover,
not all countries are equally forthcoming with information regarding
the implementation of the UN Principles. Some officials were either
hesitant to provide information on the numbers and kinds of
firearms available and licensed to law enforcement officers or were
unaware of exact procedures and figures and, therefore, would not
respond to requests for detailed information regarding firearms
issues. It does appear, however, that for those cases where specific
firearms data was available, there was a significant amount of variance
regarding the types and numbers of weapons issued to police cadets
and officers, the procedures for transitioning from school to work
(duty weapon was sometimes the training weapon, but not always),
the attachment to the AK-47 (specifically in Macedonia) as the
primary weapon versus the use of a handgun as the primary
police weapon, and the storage and accounting procedures in which
some police forces required that guns remain with officers at all
times while others stored weapons in police stations.
Also divergent throughout the region is the power and control
of the respective Ministries of Interior. Some of the ministries
were more insistent than others on working through existing
police training structures (in Albania, Macedonia, and Serbia-
Montenegro specifically). Other cases demonstrate the opposite
extreme in which international authorities had a blank check to
create and train a police force as they saw fit (such as in Kosovo,
and to some degree in Bosnia and Croatia).
East European Politics and Societies
339
Overall, however, officials in this region claim that their countries
have seen a general reduction in police abuses. Evidence certainly
suggests an increase in police training in the Western Balkans that
meets international standards of human rights and international
guidelines for the use of force with firearms. These countries still
have some ground to cover on their way toward possessing a fully
effective and professional police force, but positive steps in the
right direction have been taken. Although seemingly receptive to
the ideas of democratic and professional policing, and acceptant of
police reform assistance, more progress must ultimately be made if
this region is to move closer to democratic forms of government
and integration with the Western community. The international
community, therefore, needs to stay engaged in the region as any
progress that has been made to date is directly related to interna-
tional involvement and pressure. Moreover, future assessments of
police reform in the Western Balkans are necessary to gauge
progress and adjust reform efforts. These future assessments
should also take into consideration how such reforms relate to
broader efforts of democratization. With continued international
involvement and assessment, true democratic reform on all fronts
will be possible in the Western Balkan region.
Notes
1.
This article was written, submitted, reviewed, revised, and accepted for publication prior
to Montenegro independence. Therefore, police reform in Montenegro and Serbia are
considered together as little has changed regarding police reform in either location since
Montenegro’s became an independent state.
2.
The term “Western Balkans” comes from the European Union (EU), which refers to these
countries as such. See the Communication from the Commission to the Council and the
European Parliament entitled “The Western Balkans and European Integration,” available at
http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2003/com2003_0285en01.pdf
(accessed 17 November 2006). Also see http://www.consilium.europa.eu/cms3_fo/show-
page.asp?id
=394&lang=en&mode=g (accessed 17 November 2006).
3.
Specifically, the “security sector” refers to the multitude of organizations and institutions
“that have the authority to use or order the use of force, or the threat of force, as well as
those civil structures that are responsible for their management. The organizations con-
cerned include: military and paramilitary forces; intelligence services; police forces, both
national and local, together with border guards and customs services; judicial and penal
systems; and the civil authorities mandated to control and oversee these agencies.” Jane
Chanaa, Security Sector Reform: Issues, Challenges and Prospects, Adelphi Paper 344
(New York: Oxford University Press, 2002), 7. Also see Eric Scheye and Gordon Peake, “To
Arrest Insecurity: Time for a Revised Security Sector Reform Agenda,” Conflict, Security
and Development
5:3 (2005): 295-327; Michael Brzoska, “The Concept of Security Sector
Reform,” in Herbert Wulf, ed., Security Sector Reform, Brief 15 (Bonn: Bonn International
340
The Use of Force in the Western Balkans
Center for Conversion, 2000); Michael Brzoska, Development Donors and the Concept of
Security Sector Reform
(Geneva: Geneva Centre for the Democratic Control of Armed
Forces, 2003); and Dylan Hendrickson and Andrzej Karkoszka, “The Challenges of
Security Sector Reform,” SIPRI Yearbook 2002: Armaments, Disarmament and
International Security
(Oxford: Oxford University Press, 2002), 175-202.
4. Michael Brzoska, “Introduction: Criteria for Evaluating Post-Conflict Reconstruction and
Security Sector Reform in Peace Support Operations,” International Peacekeeping 13:1
(March 2006): 1-13; David M. Law, “Conclusion: Security Sector (Re)Construction in Post-
Conflict Settings,” International Peacekeeping 13:1 (March 2006): 111-23; Alan Bryden,
Timothy Donais, and Heiner Hänggi, Shaping a Security Governance Agenda in Post-Conflict
Peacebuilding
(Geneva: Geneva Centre for the Democratic Control of Armed Forces, 2005);
Amnesty International, IANSA, and Oxfam, Guns and Policing: Standards to Prevent Misuse
(London: February 2004), available at http://www.controlarms.org/documents/guns_and_polic
ing_report.pdf (accessed 3 December 2006); Gordon Peake, Policing the Peace: Police Reform
Experience in Kosovo, Southern Serbia, and Macedonia
(London: Saferworld, 2004), 5,
available at http://www.saferworld.co.uk/images/pubdocs/Policing%20PA2.pdf (accessed 27
December 2006); William G. O’Neill, Police Reform in Post-Conflict Societies: What We Know
and What We Still Need to Know
(New York: International Peace Academy, 2005), available at
http://www.reliefweb.int/rw/lib.nsf/db900SID/KKEE-6HWTLU/$FILE/police%20reform%20post-
conflict.pdf?OpenElement (accessed 27 December 2006); and Otwin Marenin, Restoring
Policing Systems in Conflict Torn Nations: Process, Problems, Prospects
(Geneva: Geneva
Centre for the Democratic Control of Armed Forces, 2005), available at http://www.dcaf.ch/_
docs/op07_policing_conflict_nations.pdf (accessed 27 December 2006).
5. Peake, Policing the Peace, 12.
6. See Marina Caparini, “Security Sector Reform in the Western Balkans,” SIPRI Yearbook
2004
(Oxford University press, 2004): 251-82.
7. See “EU and NATO Concerted Approach for the Western Balkans,” Press Release #11605/03,
29 July 2003, available at http://www.consilium.europa.eu/ueDocs/cms_Data/docs/press-
data/en/er/76840.pdf (accessed 3 December 2006); Marina Caparini, “Security Sector Reform
and NATO and EU Enlargement,” SIPRI Yearbook 2003: Armaments, Disarmament and
International Security
(Oxford: Oxford University Press, 2003): 237-60; Marina Caparini,
“Security Sector Reform in the Western Balkans,” SIPRI Yearbook 2004: Armaments,
Disarmament and International Security
(Oxford: Oxford University Press, 2004): 251-82;
and Timothy Edmunds, “Political Conditionality and Security Sector Reform in Post-
Communist Europe,” Conflict, Security and Development 3:1 (2003): 139-44.
8. Chris Ferguson, “Police Reform, Peacekeeping and Security Sector Reform: The Need for
Closer Synthesis,” Journal of Security Sector Management 2:3 (September 2004): 3. Also
see Gavin Cawthra and Robin Luckham, eds., Governing Insecurity: Democratic Control
of Military and Security Establishments in Transitional Democracies
(London: Zed
Books, 2003).
9. Michael
Farrell,
The Role of the Police in a Democratic Society
(Irish Council for Civil
Liberties, 2000), available at http://www.iccl.ie/DB_Data/publications/Conference%20
paper%20-%20The%20Role%20of%20the%20Police%20in%20a%20Democratic%
20Society.pdf (accessed on 27 December 2006). Also see the discussion on policing at
http://www.humanrightsinitiative.org/chrinews/policing_necessary.htm (accessed 16 December
2006); Hesta Groenewald and Gordon Peake, Police Reform Through Community-based
Policing: Philosophy and Guidelines for Implementation
(New York: International Peace
Academic and Saferworld, 2004), available at http://www.smallarmssurvey.org/ files/portal/
issueareas/security/security_pdf/2004_Hesta_Peake.pdf (accessed 17 December 2006); and
Charles T. Call, “Challenges in Police Reform: Promoting Effectiveness and Accountability,” IPA
Policy Report
(2002), available at http://www.justiceinitiative.org/db/resource2? resid
=101709
(accessed 27 December 2006).
10. Trevor Jones, Tim Newburn, and David J. Smith, “Policing and the Idea of Democracy,”
British Journal of Criminology
36:2 (Spring 1996): 190; and Dilip K. Das, “Challenges of
Policing Democracies: A World Perspective,” Policing: An International Journal of Police
Strategies and Management
20:4 (1997): 609-30.
11. Jerome Skolnick, “On Democratic Policing,” in Ideas in American Policing (August 1999):
4, available at http://www.policefoundation.org/pdf/62.pdf (accessed 27 December 2006).
East European Politics and Societies
341
Also see Charles T. Call, “Challenges in Police Reform: Promoting Effectiveness and
Accountability;” David S. Cohen, “Official Oppression: A Historical Analysis of Low-level
Police Abuse and a Modern Attempt at Reform,” Columbia Law Review 28 (Fall 1996),
accessed via http://www.lexis-nexis.com on 23 May 2006; and the Clingendael,
International Alert, Saferworld report, “Towards a Better Practice Framework in Security
Sector Reform,” Occasional SSR Paper 1 (August 2002), available at http://www.interna
tional-alert.org/publications/90.php (accessed 17 December 2006).
12. Most studies that focus on weapons issues in relation to security sector reform highlight
how insecurity enhances societal demand for weapons and how disarmament is key for
reforming security structures. See Dominick Donald and Funmi Olonisakin, “Security
Sector Reform and the Demand for Small Arms and Light Weapons,” Project Ploughshares
Briefing
1:7 (March 2001): 1-3, available at http://www.ploughshares.ca/libraries/Briefings/
brf017.html (accessed 17 December 2006).
13. “Critical Triggers: Implementing International Standards for Police Firearm Use,” Small
Arms Survey 2004: Rights at Risk
(Oxford University Press, 2004); and Amnesty
International, IANSA, and Oxfam, Guns and Policing.
14. See the document on the United Nations Web site, located at http://www.unhchr.ch/html/
menu3/b/h_comp43.htm (accessed 3 December 2006).
15. Ibid.
16. See Human Rights Watch report on Albania at http://hrw.org/english/docs/2003/12/31/
albani7270.htm (accessed 27 December 2006).
17. See the Amnesty International report available at http://web.amnesty.org/library/print/
ENGEUR110061997 (accessed 3 December 2006).
18. For various other reports of police misconduct, see Amnesty International’s reports at
http://web.amnesty.org/library/print/ENGEUR110062002; and the U.S. Department of
State report “Albania: Country Reports on Human Rights Practices,” 25 February 2004
(accessed 27 December 2006), at http://www.state.gov/g/drl/rls/hrrpt/2003/27820.htm
(accessed 27 December 2006).
19. For a complete list of Council of Europe activities in Albania, see http://www.coe.int/t/e/
human%5Frights/police/1.%5Factivities/1.2%5FLast%5Fyear%27s%5Factivities/ (accessed 27
November 2006). For more on general security sector reforms in Albania, see Marina
Caparini, “Security Sector Reform in the Western Balkans,” SIPRI Yearbook 2004: Armaments,
Disarmament and International Security
(Oxford: Oxford University Press, 2004): 259-62;
and Jans Trapans and Philipp H. Fluri, eds., Defence and Security Sector Governance and
Reform in South East Europe: Insights and Perspectives, Volume 1, Albania, Bulgaria,
Croatia
(Geneva: Geneva Centre for the Democratic Control of Arms Forces, 2003): 23-167.
20. See Council of Europe activities at http://www.coe.int/t/e/human%5Frights/police/1.%5
Factivities/1.2%5FLast%5Fyear%27s%5Factivities/ (accessed 27 November 2006). Also see
author’s interviews with MPO officials, Tirana, Albania, March 2003, and correspondence with
officials, October 2004 and March 2005.
21. See Law #8290 available at http://www.mpo.gov.al (accessed 23 March 2006).
22. Author’s interviews with MPO officials, Tirana, Albania, March 2003, and correspondence
with officials, October 2004 and March 2005. For more on the ICITAP role in police train-
ing, see http://www.usdoj.gov/criminal/icitap/albania.html (accessed 15 May 2006).
23. Author’s interviews with UNDP officials, Tirana, Albania, March 2003, and correspondence
with officials August and October 2004 and March 2005.
24. Author’s interviews with MPO officials, Tirana, Albania, March 2003, and correspondence
with officials, October 2004 and March 2005.
25. Ibid.
26. Wolf-Christian Paes and Sami Faltas, Workshop on SALW Achievements and the SSR Approach,
Summary of Proceedings
, November 2003, available at http://www.sssr.undp.org.al/down
load/reports/concl_w.pdf (accessed 14 December 2005).
27. For specifics about security sector reforms in Bosnia-Herzegovina, see Caparini, “Security
Sector Reform in the Western Balkans,” 262-67; Heinz Vetschera and Matthieu Damian,
“Security Sector Reform in Bosnia and Herzegovina: The Role of the International
Community,” International Peacekeeping 13:1 (March 2006): 28-42; Mary Kaldor,
“Security Structures in Bosnia-Herzegovina,” in Gavin Cawthra and Robin Luckham, eds.,
342
The Use of Force in the Western Balkans
Governing Insecurity: Democratic Control of Military and Security Establishments in
Transitional Democracies
(London: Zed Books, 2003), 205-31; and Susan L. Woodward,
“In Whose Interest Is Security Sector Reform? Lessons From the Balkans,” in Cawthra and
Luckham, eds., Governing Insecurity, 276-302.
28. See Amnesty International reports about police brutality and involvement in war crimes
at http://web.amnesty.org/report2005/bih-summary-eng (accessed 27 December 2006)
and http://web.amnesty.org/library/eng-bih/index (accessed 27 December 2006).
29. See Human Rights Watch, “Bosnia and Hercegovina Beyond Restraint: Politics and the
Policing Agenda of the United Nations International Police Task Force,” found at
http://www.hrw.org/reports/world/b-h-pubs.php (accessed 3 December 2006).
30. See various Human Rights Watch reports also at http://www.hrw.org/reports/world/b-h-pubs.php
(accessed December 3, 2006). Also see International Crisis Group, Report No. 130, Policing the
Police in Bosnia: A Further Reform Agenda
, 10 May 2002, found at http:// www.relief
web.int/library/documents/2002/icg-bos-10may.pdf (accessed 3 December 2006).
31. See report about the UNIPTF at http://www.oscebih.org/documents/56-eng.pdf (accessed
16 May 2006). Also see Blaise Bonvin, “Training and Non-Security Aspects of the Police
Democratisation in Bosnia and Herzegovina,” Conflict, Security and Development 3:1
(2003): 417-29; and L. Kendall Palmer, “Police Reforms in Bosnia-Herzegovina: External
Pressure and Internal Resistance,” in Caparini and Marenin, eds., Transforming Police in
Central and Eastern Europe
, 169-93.
32. See report about the UNIPTF at http://www.oscebih.org/documents/56-eng.pdf (accessed
16 May 2006).
33.
Interviews with EUPM officials, Sarajevo and Banja Luka, Bosnia-Herzegovina, May 2003,
and correspondence with officials, June and October 2004 and May 2005.
34.
Ibid.
35. Ibid.
36. For a list of all Council of Europe activities in Bosnia, see http://www.jp.coe.int/CEAD/
Countries.asp?CID
=50 (accessed 27 December 2006).
37. Interviews with ICITAP officials, Sarajevo, Bosnia, May 2003, and correspondence with offi-
cials, October 2004. Also see a discussion of ICITAP activities in Bosnia at http://www
.usdoj.gov/criminal/icitap/bosnia.html (accessed 27 December 2006).
38. Interviews with OSCE, ICITAP, EUPM, and MoI officials, Sarajevo and Banja Luka, Bosnia,
May and June 2003, and correspondence with officials, June and October 2004 and
January 2005.
39.
Correspondence with Bosnian officials, May 2005.
40.
See “Police Reform in Bosnia Blocked by Republika Srpska,” available at http://www.euro
peanforum.net/news/149 (accessed 27 December 2006). For more on EU relations with
Bosnia-Herzegovina, see the European Union’s statement at http://ec.europa.eu/enlarge-
ment/bosnia_and_herzegovina/eu_bosnia_and_herzegovina_relations_en.htm (accessed
on 27 December 2006).
41.
See Human Rights Watch reports at http://www.hrw.org/europe/croatia.php (accessed 27
December 2006) and http://www.hrw.org/reports/world/croatia-pubs.php (accessed 27
December 2006).
42. For specifics on security sector reform in Croatia, see Caparini, “Security Sector Reform in
the Western Balkans,” 267-70; and Trapans and Fluri, eds., Defence and Security Sector
Governance and Reform in South East Europe
, 333-472. For a discussion of the historical
and legal role of the police in Croatia and attempts to reform the institution, see Sanja
Kutnjak Ivkovic, “Distinct and Different: The Transformation of the Croatian Police,” in
Caparini and Marenin, eds., Transforming Police in Central and Eastern Europe, 195-219.
43. For a complete list of Council of Europe activities in Croatia, see http://www.jp.coe.int/
CEAD/Countries.asp?CID
=7 (accessed 27 December 2006).
44. For a description of OSCE police reform and assistance activities in Croatia, see
http://www.osce.org/croatia/13154.html (accessed 27 December 2006).
45. Interviews with OSCE officials, Zagreb, Croatia, October 2003, and correspondence with
officials, September and October 2004 and January and March 2005.
East European Politics and Societies
343
46. Interviews with ICITAP officials, Zagreb, Croatia, October 2003, and correspondence with
officials, October 2004 and January and March 2005.
47. Ibid.
48. Correspondence with OSCE and MoI officials, December 2004 and March 2005.
49. Ibid.
50.
See the “Law on Police” at http://www.legislationline.org/legislation.php?tid
=155&lid=2517&
less
=false (accessed 27 December 2006).
51.
Ibid.
52. See Human Rights Watch reports “Under Orders: War Crimes in Kosovo,” 1999, found at
http://www.hrw.org/reports/2001/kosovo/ (accessed 3 December 2006) and “Federal Republic
of Yugoslavia: Humanitarian Law Violations in Kosovo,” 1998, at http://www.hrw.org/reports
98/kosovo/ (accessed 17 December 2006).
53. See
various Human Rights Watch accounts of Serbian abuses in Kosovo such as “Rape as a
Weapon of Ethnic Cleansing,” at http://www.hrw.org/reports/2000/fry/ (accessed 3 December
2006) and “Under Orders: War Crimes in Kosovo,” at http://www.hrw.org/reports/2001/ kosovo/
(accessed 3 December 2006).
54. See Human Rights Watch, “Federal Republic of Yugoslavia: Abuses Against Serbs and Roma in the
New Kosovo,” August 1999, found at http://www.hrw.org/reports/1999/kosov2/ (accessed 27
December 2006) and Alvaro Gil-Robles, “Kosovo: The Human Rights Situation and the Fate of
Persons Displaced From Their Homes,” October 2002, Council of Europe, found at http://www
.reliefweb.int/library/documents/2002/coe-kos-16oct.pdf (accessed 27 December 2006).
55. See reports of recent abuses against Serbs in Kosovo at http://www.kosovo.net/default1.html
(accessed December 3, 2006)—a Web site established and maintained by the Orthodox
Diocese of Raska and Prizren.
56. For details about security sector reform in Kosovo more generally, see Caparini, “Security
Sector Reform in the Western Balkans,” 276-80.
57. See author’s interviews with OSCE, ICITAP, KPSS, and UNMIK officials in Kosovo, April
2003, and correspondence with officials, June 2004 and March 2005. Also see ICITAP
reports at http://www.usdoj.gov/criminal/icitap/kosovo.html (accessed 27 December
2006).
58. See author’s interviews with OSCE, ICITAP, KPSS, and UNMIK officials in Kosovo, April
2003, and correspondence with officials, June 2004 and March 2005.
59. Author’s interview with the KPSS Director Pristina, Kosovo, April 2003.
60. See author’s interviews with OSCE, ICITAP, KPSS, and UNMIK officials in Kosovo, April
2003, and correspondence with officials, June 2004 and March 2005.
61. Ibid.
62. Ibid.
63.
See Kristen Boon and Joel Ngugi, “Post-Conflict Institutions That Fall Short: The Mission
in Kosovo,” a report published by the Carnegie Council on Ethics and International Affairs,
found at http://www.cceia.org/resources/publications/dialogue/2_05/articles/885.html (accessed
27 December 2006).
64. Ibid.
65. Author’s interview with an American police officer working as a policeman in Pristina,
Kosovo, June 2003.
66. For details about security sector reform more generally in Macedonia, see Caparini,
“Security Sector Reform in the Western Balkans,” 270-73; Woodward, “In Whose Interest
is Security Sector Reform?” 289-95; and Islam Yusufi, “Macedonia’s Police Reform,” in
Caparine and Marenin, eds., Transforming Police in Central and Eastern Europe, 221-38.
67. See Human Rights Watch, “Police Violence in Macedonia,” April 1998, found at
http://www.hrw.org/reports98/macedonia (accessed 3 December 2006).
68.
See “Crimes Against Civilians: Abuses by Macedonian Forces in Ljuboten,” September 2001,
found at http://www.hrw.org/reports/2001/macedonia (accessed 3 December 2006); and
“Macedonian Police Abuses Documented,” May 2001, available at http://www.hrw.org/press/
2001/05/macedonia0530.htm (accessed 3 December 2006).
69. See the Ohrid Agreed Framework available at http://www.president.gov.mk/prilozi/
dokumenti/180/FRAMEWORK%20AGREEMENT.pdf (accessed 27 December 2006).
344
The Use of Force in the Western Balkans
70. See author’s interviews with OSCE, ICITAP, and Ministry of Interior officials, Skopje,
Macedonia, March-May 2003, and correspondence with officials, October 2004 and
January 2005. Also see reports at http://www.osce.org/skopje/13162.html (accessed 27
December 2006) and http://www.usdoj.gov/criminal/icitap/macedonia.html (accessed 27
December 2006).
71.
Author’s interviews with instructors at the Center for Education of Security Personnel,
Skopje, Macedonia, May 2003; and correspondence with officials, October 2004.
72. Author’s interviews with OSCE and ICITAP officials, Skopje, Macedonia, May 2003.
73.
Documents provided to the author during official interviews at the Ministry of Interior,
Skopje, Macedonia, April 2003, and correspondence with officials, October 2004 and
March 2005.
74. Author’s interviews with OSCE and ICITAP officials, Skopje, Macedonia, May 2003, and
correspondence with officials, October 2004 and January 2005.
75. Ibid.
76. Ibid.
77. Ibid.
78. Author’s interviews with Ministry of Interior officials, Skopje, Macedonia, April-May 2003;
and correspondence with officials, January 2005.
79. Author’s interviews with OSCE and ICITAP officials, Skopje, Macedonia, May 2003.
80. For specifics on Council of Europe activities in Macedonia, see http://www.jp.coe.int/CEAD/
Countries.asp?CID
=37 (accessed 27 December 2006) and http://www.coe.int/ T/E/Human_
Rights/Police (accessed 27 December 2006).
81.
Author’s interviews with OSCE officials, Skopje, Macedonia, April 2003, and correspon-
dence with officials, October 2004 and January 2005.
82. See various accounts of police abuses published by Human Rights Watch at
http://www.hrw.org/europe/fry.php (accessed 27 December 2006); and by Amnesty
International at http://web.amnesty.org/library/print/ENGEUR700012003 (accessed 27
December 2006).
83.
OSCE Mission to the FRY, Study on Policing in the Federal Republic of Yugoslavia,
October 2001, 5. (Report provided to author during field research). For an additional cri-
tique of the FRY’s police force, see Dirk J. van Vierssen, “Future Police Education in
Serbia,” Politie: A Journal of Police Education and Knowledge (Provided to the author
during field research).
84. OSCE,
Police Reform: Developments in Serbia and Montenegro
2 (July 2003): 5, found at
http://www.osce.org/publications/fry/2005/05/18200_541_en.pdf (accessed 3 December 2006).
85. Ibid.
86. Policing in Serbia and Montenegro is technically the responsibility of three Interior
Ministries: (1) Federal Ministry of Interior of the Union of Serbia and Montenegro; (2)
Republic of Serbia; and (3) Federal Republic of Montenegro. In practice, however, the fed-
eral government only concerns itself with protecting federal and foreign officials and
guarding diplomatic residences and buildings. The Ministries of Interior in Serbia and
Montenegro are, therefore, the key institutions responsible for policing in their respective
autonomous regions and are targeted separately by international assistance programs.
See OSCE Mission to the FRY, Study on Policing in the Federal Republic of Yugoslavia,
October 2001, 5. (Report was provided to author during field research.) For details on
security sector reform more generally in Serbia-Montenegro, see Caparini, “Security
Sector Reform in the Western Balkans,” 273-76; Zeljko Sevic and Dusko Bakrac, “Police
Reform in the Republic of Montenegro,” in Caparini and Marenin, eds., Transforming
Police in Central and Eastern Europe
, 239-63; Marijana Trivunovic, “Police Reform in
Serbia,” in Caparini and Marenin, eds., Transforming Police in Central and Eastern
Europe
, 265-85; Richard Monk, A Study on Policing in the Federal Republic of Yugoslavia
(Vienna: OSCE, 2001), available at http://polis.osce.org/library/f/2642/381/OSCE-SRB-
RPT-2642-EN-Study%20on%20Policing%20in% 20the%20Federal%20 Republic%20of%20
Yugoslavia,%20April-July%202001.pdf (accessed 27 December 2006); Mark Downes,
Police Reform in Serbia: Towards the Creation of a Modern and Accountable Police
Service
(Vienna: OSCE, 2004), available at http://www.osce.org/publications/fry/2004/
01/18262_550_en.pdf; and Branka Bakic and Novak Gajic, Police Reform in Serbia: Five
East European Politics and Societies
345
Years Later
(UK: Defense Academic of the United Kingdom and Conflict Studies Research
Centre, 2006), available at www.defac.ac.uk/colleges/csrc/document-listings/balkan/06(21)
BB.pdf (accessed 27 December 2006).
87. See the OSCE report, “Assisting Police Reform in FRY—Ensuring a Coordinated Approach,”
available at http://www.osce.org/documents/fry/2002/10/111_en.pdf (accessed 27 December
2006); and author’s interviews with OSCE officials in Belgrade, Serbia, June 2003.
88. For a list of Council activities in Serbia-Montenegro, see http://www.jp.coe.int/CEAD/
JP/Default.asp?ProgrammeID
=24&SA=1 (accessed 27 December 2006).
89. See http://www.coe.int/T/E/Human_Rights/Police (accessed 27 December 2006).
90. See the brochure at http://www.coe.int/T/E/Human_rights/h-inf(2000)2eng.pdf (accessed
27 December 2006).
91. See these materials at http://www.coe.int/t/e/human_rights/police/2._publications/2.1_
Trainers%27_Supply_Kit/index.asp#TopOfPage (accessed 27 December 2006).
92. See author’s interviews with OSCE officials and Ministry of Interior officials, Belgrade,
Serbia, April 2003 and June 2003, and correspondence with officials, October 2004 and
March 2005.
93. Ibid.
94. Ibid.
95. See the Law at http://www.osce.org/documents/fry/2002/03/124_en.pdf (accessed 17
December 2006).
96. See the Act at http://www.osce.org/documents/fry/2003/06/387_en.pdf (accessed 3
December 2006).
97. This document is available only at the Ministry of Interior in Belgrade, Serbia.
98. Author’s interviews with OSCE officials, Belgrade, Serbia, April 2003 and June 2003.
99. See Amnesty International and Human Rights Watch reports referenced above; and Davor
Konjikusic, “Corruption, While Declining, Still a Problem for Serbia’s Police,” Southeast
European Times
, 22 October 2004.
100. See the Human Rights Watch report, “Justice at Risk: War Crimes Trials in Croatia, Bosnia
and Herzegovina, and Serbia and Montenegro,” at http://hrw.org/reports/2004/icty1004/
(accessed 17 December 2006).
101. See the European Union’s “Serbia 2006 Progress Report” at http://www.delscg.cec.eu.int/en/
eu_and_fry/key_documents/documents/2006_Annual_Progress_Report_(sr_sec_1389_en).pdf
(accessed 27 December 2006).
346
The Use of Force in the Western Balkans