The renowned British lawyer: Special Court Reflects Hidden Political Goals

In a text published on the conference's online platform, Nice has shared memories and assessments concerning the processes at The Hague's Tribunal and the creation of Kosovo's specialised Chambers, claiming their founding has not been the result of a sovereign decision of Kosovo institutions.

“in a later intervention regarding Kosovo Specialised Chambers (KSC), corrected a speaker who had confirmed that this court was established as a result of a sovereign decision by the Kosovo Assembly. I reminded those in attendance that Kosovo's elected representatives, in reality, were forced to accept this court under constant pressure from the European Union and the United States”, Nicee wrote.

He has stressed that he was part of the consultative and negotiating process in the phase of establishing Specialised Chambers, claiming that Kosovo had no substantial role in shaping their statute.

“As part of the Kosovo negotiating team, I have been a direct witness that the Specialised Chambers Statistics was not, in any meaningful sense, the result of an agreement with Kosovo. As soon as European negotiators faced substantial opposition from the Kosovo side to the draft, discussions were practically cut off”, he wrote.

According to him, the subsequent process has been characterised by the political obligation of a document prepared in advance by international actors.

The following, according to my experience, was the political obligation of a previously drafted statute, shaped exclusively by EU and US actors”, Nice stressed.

He has added that Kosovo has borne the consequences of this process without, as stated, clear guarantees of justice or reconciliation.

Kosovo had no real voice in its adoption, yet it was Kosovo that paid the price of these imposed actions, without any certainty that the processes would eventually bring justice or create basis for reconciliation”, it has declared.

Sir Geoffrey has also raised concerns about the possible political goals of the court creation process, referring to Dick Marty's report.

I have previously warned publicly that the way this court was created, beginning with the Marty Report from now on, seemed to reflect secret political objectives”, he wrote.

According to him, the mode of shaping Specialised Chambers has created perceptions of possible political benefits for specific parties in the region.

The “has been difficult to determine with accuracy these objectives, but Serbia seemed clearly the state that was most likely to benefit from a court imposed on the way the Specialised Chambers were imposed, focusing only on one ethnicity for the 1998-1999 911 war, he added.

Referring to the trial process against former KLA leaders, including Hashim Thaci, Nica has stressed that he has not followed the case in detail, but has heard arguments raised at the conference.

I had no reason to follow the charges filed in the case against Thaci and others, and I didn't. At the conference, I heard arguments that the prosecution's indictment against Thaci and others reflects a plot focused on Serbia and that the characterising of the Kosovo Liberation Army (UÇK) as an organised military structure engaged in a Joint Criminal Company is not supported by the previous judgments of the International Criminal Tribunal for the former Yugoslavia (ICTY). Nothing of my memory of the evidence presented during Milosevic's trial, or later developments, suggests that these arguments are inaccurate”, wrote Sir Geoffrey Nice.