2 minutes agoKosovo has international obligation to hold Special Court after August 5th
Periskopi(6 years ago)
(6 years ago)The Special Court mandate will continue even after 5 August, when it is completed 5 years since Kosovo has made constitutional changes, with which it has established this institution that will handle specific war crimes allegedly committed by members of the Kosovo Liberation Army. This, despite that, has been called upon [...]
Based on the Constitutional Amendment 24, the mandate of the Specialised Chambers and the Specialised Prosecutor's Office this official for the Special Court will last for a period of five years unless the term completion announcement is made earlier. The same amendment stresses that, in the absence of such an announcement, the Special mandate will continue until the announcement of the mandate's completion is made in line with Law No. 04/L-274 and consulting Government.
And, the law referring to the amendment, ratifys the international agreement between Kosovo and the EU on the EU's mission to rule of law in Kosovo, which for instruments has literature between the president of Kosovo and senior EU representative for foreign policy and Security. Among other things, in this letter, it is confirmed that SIFT's work, the predecessor of the Specialised Prosecutor's Office, “will continue until Kosovo is announced by the Council of the European Union that investigations have ended, or that proceedings stemming from those investigations have ended”, KOHA reports.
Enver Hasani, former chairman of the Constitutional Court, has told the paper that, based on these provisions, the Special mandate should continue even after 5 August.
Its timeframe is clear. A slippery rate has been used for this, where the amendment initially stipulates that the mandate is five years, always conditioning its continuation with an announcement that must come from the Council of the European Union. This announcement is needed in order to complete its mandate. This slippery provision refers to a law that has higher powers than any other law in Kosovo, and constitutes a constitutional obligation of Kosovo that has entered into force on the day of adoption of amendment No. 24” Hasani said. “Krahas this constitutional obligation, this is also an international conform obligation under the 16.3th Constitution”.
