Special Court Ready for First Charges Against Former KLA Partants

Known as the Special Court for War Crimes, its mandate is defined primarily in investigations and judgments of alleged war crimes cases by several former Kosovo Liberation Army members, against members of minority communities and opponents, including the 1998 period and by the end of 2000.

These claims were initially filed in the report of Swiss Senator Dick Marty presented to the European Council.

Representatives of this court told Radio Free Europe that everything is ready for the start of the job, but refused to talk about other details.

The start of the work of this court, known as the Special Chambers and the Special Prosecutor's Office, has been enabled following the harmonisation of the Procedure and Evidence Order with the Kosovo Constitution.

Joseph Hollerhead, executive assistant to the special deputy prosecutor, has said that the Special Prosecutor, in some cases he has stated and reiterated that it is not professional, ethical and legally sustainable that he comment on the issues surrounding the ongoing investigation, or that he comment on potential issues in the future related to the Special Prosecutor's mandate.

The Court's headquarters is in The Hague of the Netherlands, while its composition is by international prosecutors and judges.

Meanwhile, Vigan Qrolli, professor of International Law at Pristina University, said the Special Court from today can function freely and on the basis of the rules and laws of the Kosovo Constitution.

He said the Special Court will be seen as the final obstacle to the necessary progress of Kosovo society and political power.

We don't know what's going to happen because we don't have potentially suspected names in this situation. Will anyone mentioned in Dick Marty's report be prosecuted, or will they be other people, that remains to be seen. But allegations that serious criminal acts have been committed during the period mentioned could only be cleared in court, to allow Kosovo free breathing in the” international arena, Qrolli said.

Representatives of the Specialised Chambers have claimed that during the work, special care would be dedicated to the witness protection programme. They have said witnesses will be completely anonymous, protected and supported by the tribunal.

Professor Qrolli says that in this direction, the Court should have added caution, as according to him, this issue is very important for the entire process.

The witness's “mandate will be the alpha and Omega of the functioning of this court and will be stability above all the legal laws of Kosovo and will then depend on who the names will be accused of”, Qrolli said.

He adds that in the future, in case of evidence, the Court could condemn the same but also release them if there is not enough evidence.

However, Qrolli considers that the eventual sentences, should not be seen as penalties for the KLA war, but as eventual penalties against individuals.

“I believe that in the absence of a command system of its KLA, and in the absence of another operational chain that has operated under the KLA General Staff, there will be only individuals who can potentially perform works and have fallen into conflict with the conventions of war and the International Humanitarian Law”, Qroll said.

The Special Court has sparked heated debates in Kosovo over the past two years. As part of the political spectrum considers it unfair and biased, as it will investigate only alleged crimes of KLA members -- the rest of the spectrum that has supported even legal and constitutional changes in the work of this Court -- it has estimated that with the expected judgments, the KLA war is not granted, but individuals.

However, the Kosovo government, currently on the run, has divided over 1. 5m euros in this year's budget to provide legal and financial assistance to those who may be charged by the Special Court.

This amount, according to the Government, is divided under the Law for Legal and Financial Protection of Those Who may have been charged by the Special Court.

Under this law, all persons who may be charged have the right to request assistance in covering defence spending and the commitment of independent defenders.

In addition to this financial support, the law also provides close members of the family of persons charged with alleged crimes, including spending related to their trips when judicial procedures are conducted outside Kosovo.