IKD: With Special Resurrecting Becomes Major Harm for Kosovo

IKD: With Special Resurrecting Becomes Major Harm for Kosovo

The Kosovo Institute for Justice has reacted to the recent initiative of several Kosovo Republic deputies, as well as to support this initiative by senior representatives of the state and certain political parties regarding the change of the Law on Specialised Chambers and the Specialised Prosecutor's Office. [...]

The IKD estimates that the initiative to undo the Special Court seriously violates Kosovo's international obligations conflicts with international values and principles regarding the rule of law that Kosovo has pledged and strongly opposes Kosovo's international judicial subjectivity.

This step, if realised, eventually shows that Kosovo lacks the ability to enter contractual relations with states and international organisations as a result of failing to comply with the same international agreements it has pledged to implement in a solemn and written way.

This step, if realised, also represents a serious violation of international custom, something Kosovo dares and should not allow itself if the unsolemised status of Kosovo citizenship is taken into account”.

“Madje, such an approach of Kosovo in the report with the international community, conflicts with the basic principle of responsibility of the state in international law, which clearly stipulates that any state that violates an international obligation should be held accountable for its delictore actions: it is the state's responsibility that does not respect international obligations immediately to prevent such acts or, in contrast, face consequences. These consequences in the case of Kosovo would be irreparable”.

The IKD calls on the Kosovo Assembly, heads of state institutions and political leaders to continue fulfilling constitutional, international and legal obligations in relation to the Special Court, and not to take actions that undermine the international subjectivity of the Republic of Kosovo.

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