The verbal clashes for the Special Court are continuing

Officials of Kosovo institutions and political parties, as well as connoisseur of legal and political issues, in weekly “column. Focus” of Radio Free Europe talk of different approaches regarding the initiative to abolish the Special Court.

On December 22nd of last year, two attempts that the request of 43 MPs be submitted to the extraordinary Assembly session had failed.

The unified stance of Kosovo's institutional leaders, the country's president, Hashim Thaci, Parliament Speaker Kadri Veselin, and Prime Minister Ramush Haradinaj, who had appeared on 22 December last year in the face of the 43 deputies' request, has been abandoned by Kosovo's Parliament chairman and Democratic Party of Kosovo leader Kadri Veselin. On January 8th of this year, through an authorial text, Wessel had said that the Special Court at least in the world deserved Kosovo to happen, but that would happen, even though there are hundreds of arguments speaking against it”.

But has the largest subject in power, the Democratic Party of Kosovo, decided what its position will be, even if, eventually, the request of 43 MPs reaches the Kosovo Assembly to vote?

Indoor and interparty clashes

Xhavit Haliti, deputy head of the Kosovo Assembly from the Democratic Party of Kosovo, says that there are still disagreements within this party regarding the issue, but that its leader, Veselin, has already published the position for the Special Court.

For me, the statement by the president of the Democratic Party of Kosovo, Veselin, is a responsible statement, a declaration for which, MPs -- whatever -- those of the Democratic Party -- should reflect, for a statement giving an orientation even for MPs, but also for the Democratic Party of Kosovo”, Haliti says.

But, Nat Hasani, Kosovo Parliament deputy from the Democratic Party of Kosovo, which is from the initiators of the application signed by 43 MPs, has said earlier about Radio Free Europe, that their request remains in the Assembly and that it will not back down.

The subx0> MP's request, with 43 signatories, has been, is and will remain as a requirement, directed at the Kosovo Assembly for extraordinary hearings for abolishing the Law for Special Court and Special Prosecutor-Supposed”, Hasani has said.

On the other hand, the opposition party, the Democratic League of Kosovo, has suggested that despite not wanting the Special Court, its abolition will not support it.

The Vetevendosje movement, despite its appointed deputies, has stressed that they will vote for the abolition of the Special Court, has not yet officially given a final stance.

Vetevendosje Movement MP Rexhep Selimi has said days before that the political subject he belongs to will be against the Special Court, as it was in 2015.

We'll have the same approach. We'll be against this court and manifest it with our vote in the session, whenever it comes, Selimi said.

In favour of the abolition of the Special Court, the Initiative for Kosovo has also been expressed.

Evental Effects

On the other hand, the country's president, Hashim Thaci, has sometimes reiterated the position that if the Parliament's deputies voted to abolish the Special Court, he would not go against the will of MPs.

Similarly, the country's Prime Minister Ramush Haradinaj, leader of the Alliance for the Future of Kosovo, who does not hide it by supporting a eventual decision by majority deputies in the Assembly, to abolish the Special Court.

But, from Prime Minister Haradinaj's cabinet, they have declined to respond if the Government would submit the evental bill for the abolition of the Special Court, in the event that the head of the Assembly eventually achieves reconciliation for this issue to be sent before MPs to vote.

Recognitions of criminal and international legal cases, as well as political developments, have stressed that the eventual abolition of the Special Court from the Kosovo Assembly would bring extremely negative consequences to the country and abandoned by its allies and strategic partners.

However, according to them, to abolishing the Law for the Special Court, two-thirds of all deputies are needed, as well as two-thirds of the deputies of minority communities. According to them, this greatly makes it difficult to abolish this law.

But even with the assumption that the abolition of the Special Court can be reached in the Assembly, according to Ismet Salih, professor of International Criminal Law, the international community would use alternatives. According to him, an alternative would be required through the United Nations Security Council.

A new judicial mechanism will be developed, which will enable the continuation of this”, says Professor Salihu.

Politicalologist Belul Beqaj likewise expresses his opinion. As he tells Radio Free Europe, a Special Court for War Crimes in Kosovo, is inevitable.

I think the Special Court case is inevitable disaster. The problem is whether we're going to make the Special Court that we've formed with our consent, or with the consent of the United Nations Organization Security Council, which, then, has no question at all”, says Beqaj.

Political affairs analyst Ilir Ibrahimi stresses that establishing a war crimes trial in Kosovo on the part of the United Nations Security Council would bear other negative consequences for Kosovo.

Then we will lose the help and support of international friends, including the United States, which has a huge impact on the Security Council. Then, we cannot imagine what court at UN” will be, says Ibrahim.

Reactions and Opposition

The 22 December initiative to abolish the Special Court has prompted sharp reactions from Western countries' ambassadors. Some of them have named it the “thic behind the back”, but also as the most dangerous “night for Kosovo since war”.

While Ambassador of the United States Greg Delawi recently welcomed the position expressed in the authorial writing of Prime Minister Wessel regarding the Special Court, Ambassador of the United Kingdom Ruairi O Conwell, and France's Ambassador, Didier Chabert, have cancelled vacations to convey developments about the Special Court.

The Quint States has warned Kosovo institutional leaders that the country could face consequences in the event of the Special Court's abolition.

On the other hand, MP Hasani has said the initiative signed by 43 deputies for abolishing the Special Court is no move to oppose the international community.

We're not against anyone. But since such a court has been created and requested, then we are demanding that it have headquarters in Kosovo. A local court would deal with handling such cases, and we are with international friends to co-operate and create this option”, the deputy Hasani has said.

But, MP Haliti has stressed that the number of 43 Parliament deputies does not mean the entire Assembly, whose two-thirds, in 2015 have voted for the Special Court.

We're not the ones who can act today or tomorrow. I was the one who requested international investigation, that I have sought European solutions to the problem. I insist that this issue, indeed, have a European solution and that it is neither the Balkan solution nor the Kosovo solution, but that it be a European solution”, Haliti stressed.

However, how the Special Court will conclude remains to be seen. The Kosovo Assembly, currently, is on break, while the Assembly of Parliament's Headship is set to be held next Wednesday, January 17th.