Birleşmiş Milletlerin Kosova'daki misyonları UNMIK ve EULEX'in hukukun üstünlüğü prensibine göre anlamak

In international relations and the international law, the Kosovo case marked by a war is considered "sui generis" or a specifical case. In the post-war era, Kosovo was declared to be an international protectorate and subject to full international rule almost for a decade, i.e., from June 1999 to February 2008. In this regard, this rule or the so-called administration was based on the UN-Security Council Resolution No. 1244, which still applies since the United Nations Mission in Kosovo or UNMIK has been continuing to operate in Kosovo even though symbolically. Another international organization, the European Union (EU), launched a new international mission in Kosovo following its declaration of independence in February 2008. Although this new mission had a different role and mandate, it still embodied certain responsibilities inherited from UNMIK. Nevertheless, this mission started to operate under circumstances different from those of UNMIK, since it took over the role for an independent sovereign state rather than one in conflict. This dissertation is essentially designed to investigate the role of international organizations such as UNMIK and EULEX (European Union Rule of Mission in Kosovo) in the rise of this new independent state. In this context, the study aims to provide an overview of the challenges that particularly UNMIK encountered in its efforts to build an over-ruling administration in Kosovo. Furthermore, the transition period towards the deployment of EULEX in Kosovo will be analyzed in depth. Through literature review on the nature of mandate, goals and implementation of these two international missions, the study will explore whether they achieved their goals as well as determining how internal factors mitigated their effectiveness. In this vein, this study will further analyze the political and legal characteristics of both international missions in Kosovo with a focus on differences and similarities in implementation as well as structure, function and advantages and disadvantages in a comparative manner. Finally, the recommendations provided in the conclusion chapter of the study are aimed to benefit students of the department of international relations as well as future missions of international organizations. Keywords: UNMIK, EULEX, Kosovo, UNSC- 1244, SRSG, JIAS, PISG, Final Political Status, Ahtisaari Proposal, ICO, Interim Institutions, Constitutional Framework.