Kosovo has capacity to establish war crimes tribunal

The initiative of a group of MPs in the Kosovo Assembly at the end of December last year has not yet taken place in the agendas of state institutions. But, based on statements by some of the signatories, the initiative remains in force and can be restored, at the time the Parliament begins the spring working session.

Kosovo Government Justice Minister Abelard Tahiri tells Radio Free Europe that the MP initiative is currently not continuing.

He has also said that the Special Court Law continues to be in force since approval in 2015, which had followed several necessary constitutional changes.

And if the abolition of this court occurs, Minister Tahiri says he will fulfill all his obligations.

“Whatever the change of this law, we, like the Government of the Republic of Kosovo and all institutions, are obliged to implement and we are waiting for what will happen in the coming days, whether it will be part of the Assembly agenda or not”, the minister Tahiri has said.

Another Special Court option, if it is abolished, remains the establishment of a court by the UN Security Council.

For establishing such a court by the Security Council, Minister Tahiri has said they do not have any official position as the Government of Kosovo.

Meanwhile, members of civil society, the initiative of Kosovo Assembly deputies, see it as dangerous adventures that jeopardise Kosovo's future in the international arena.

Ehat Miftaraj from the Kosovo Institute for Justice, says the foundation of a Kosovo headquarters court that would try war crimes, conflicts with the international obligations Kosovo has taken in relation to the European Union and the state of the Netherlands.

We must not forget the fact that the Special Court is currently in the final phase of its functioning. Not to be overlooked is the fact that tens of millions of euros have been spent on functioning this court, so it will also be very difficult for Kosovo or an impossible mission to establish such a court in Kosovo”, Miftaraj considers.

In contrast, regarding the option of establishing a court by the United Nations Security Council, Miftaraj says the consequences in this case would be incompatible.

He adds that the United States of America has publicly stated that it will not prevent the founding of this court if initiated by Russia on the Security Council, and where Russia and Serbia would have a big role, but other states that oppose Kosovo's citizenship.

According to him, Kosovo would thereby show that it is unwilling to take international obligations and that it would influence the Kosovo state to stumble during membership in various organisations.

Otherwise, Kosovo Assembly deputies, in late December, tried to break the Law on Specialised Chambers of the Special Court, which they voted in 2015. Their initiative, “upulova” temporarily following international pressures. Meanwhile, early in 2018, some of the initials of this idea have stated that the initiative to abolish the Special Court Law will be restored to the Assembly.

The Special Court for War Crimes in Kosovo is expected to investigate the alleged crimes of members of the former Kosovo Liberation Army, reportedly committed to members of minority communities and political opponents from 1998 until the end of 2000, as Senator Dick Marty described in his report to the European Council.