The lack of effective judicial and policing mechanisms is a key factor in perpetuating a climate of insecurity in Kosovo. The impact has been severe: in the absence of any effective deterrent, the level of crime and violence continues to be high. This applies not only to ethnically motivated crime against Serbs and other minorities, including murders, abductions, destruction of property, forced evictions, threats, and intimidation, but increasingly also to organized criminal activities which affect the security of all inhabitants of Kosovo. Moreover, creating a legal system able to administer justice for war crimes and crimes against humanity committed in Kosovo, most notably since March 1998, is also important for future stability. If justice is seen to be done in such cases, tensions between Kosovar Albanians and others, particularly Serbs and Roma, may decrease, improving the conditions for dialogue and, eventually, peaceful co-existence.

The Lawyers Committee for Human Rights examined conditions in Kosovo, including the operation of international institutions, in two missions to the region, in July-August 1999 and September-October 1999. The missions found that the legal system is being built in a way that raises serious doubts about its capacity to protect minority rights, provide security and administer justice in a manner compatible with international human rights guarantees.

Lack of resources, as well as pressures and interference, including threats and intimidation, are the major obstacles to effective justice and policing systems. In Resolution 1244 (1999), the UN Security Council set forth an expansive role for the UN Mission in Kosovo (UNMIK), including establishment of "basic civilian administrative functions where and as long as required." However, the resources necessary to run these institutions, and prevent sources of pressure and interference, have not been provided.

A strong and independent legal system is one of the cornerstones in building a democratic society and secure future for Kosovo based on the rule of law. As a consequence, laying the groundwork for an independent and impartial justice system, and a fair and effective system of policing, is an essential task for the international community.

The urgent challenge of helping Kosovars establish an effective and stable legal system must be seen in light of the ongoing political and social crisis in the Balkans: the growing stresses in Montenegro as it approaches its referendum; the unresolved problems in Bosnia-Herzegovina; the humanitarian disaster in Serbia. This crisis will be worsened if Kosovo sinks into greater lawlessness where ethnic supremacy and impunity prevail over notions of pluralism, tolerance, respect for minority rights, and a commitment to principles of international human rights law.