Is there a legal obstacle for special convicts to move to Kosovo?

Last month, the Specialised Chambers announced that the agreement was reached with this state for implementation of sentences.

“on June 12th 2025, Kosovo Specialised Chambers (“DHSK”) and Belgium's Kingdom officially signed the Protection Agreement. DHSK Administration Dr. Fidelma Donlon, and Mr. Zerar Div, chief of the Central Authority for Co-operation with the International Criminal Court at the Ministry of Justice in Brussels. Under this agreement, persons sentenced by the DHSK can carry out prison sentences in Belgium, depending on the conditions set by the DHSK and Belgium's approval. Speaker Ekaterina Trendafilova underlined that implementation of the sentence is essential for a comprehensive and effective international criminal justice system. She expressed gratitude for Belgium's continued support for the DHSK and stressed: “With the signing of this agreement, the Belgium Kingdom reaffirms its strong commitment to international criminal justice and the DHSK's ability to carry out its mandate. ”

The head of the DHSK also invited other states to follow Belgium's example in empowering the KSF framework for implementing penalties through reaching similar agreements. Belgium's Central Authority chief stated: “With the signing of this agreement, we want to express Belgium's support for the DHSK and international justice as a whole. With this agreement, Belgium shows its steadfast commitment to full functioning of the DHSK, under the agreement between the EU and Kosovo.” In accordance with the 2014 Stock Exchange of Letters between the European Union's High Representative for Foreign and Security Policy and the President of Kosovo, and Article 162 of the Constitution of Kosovo, the sentences of the firm form are carried out outside Kosovo”.

In the changes that were included in the Constitution of Kosovo in 2015, it is written that convicted persons must suffer punishment outside Kosovo's territory.

Despite this recognition of justice, Kosovo institutions should officially demand that former KLA members be transferred to Kosovo for the punishment.

“The execution of the prison sentence for the persons who occurred in the Specialised Chambers is made in a state that has expressed its willingness and will to accept these people and eventually be decided on the part of the president of the Specialised Chambers in accordance with the respect provisions of the law for specialised rooms. As for the Kosovo issue, in my conviction such a thing is not prohibited despite the fact that it depends on the president of these chambers, however, publicly we have not seen any official letter to express willingness on the part of our country's” institutions, Ardian Bayraktari lawyer stressed.

Meanwhile, even visiting family members in other countries outside Kosovo would be financially costly.

“I think it is the necessary right of the need for all of the legal and human needs for Kosovo to ask the Special Court that the condemnation of punishments be punished by the court to carry it out in the Republic of Kosovo, in our corrective services because, above all, it is a human issue because they are citizens of this country, their families live here, and their call for visits is so easy, that in other countries”, Meshar Selimaj lawyer has declared.

So far only the case of Salih Mustaf has gone up to the Supremeity scale, which has left the sentence reduced in 15 years, for war crimes. / RTV Dukagini/