Kosovo Specialist Chambers

The Kosovo Specialist Chambers (KSC) (Albanian: Dhomat e Specializuara të Kosovës; Serbian: Специјализована већа Косова) is a court of Kosovo, located in The Hague (Netherlands), hosting four Specialist Chambers and the Specialist Prosecutors Office, which may perform their activities either in the Netherlands or in Kosovo.

The court is currently set up for delegating the trials of the crimes committed by members of the Kosovo Liberation Army (KLA), an ethnic-Albanian paramilitary organisation which sought the separation of Kosovo from Yugoslavia during the 1990s and the eventual creation of a Greater Albania. The alleged crimes concern the period 1998–2000, during and at the end of the Kosovo war and directed afterwards against "ethnic minorities and political opponents". The court was formally established in 2016. It is separate from other Kosovar institutions, and independent. It is composed of a Specialist Prosecutor's Office and four Specialist Chambers, with themselves comprising Judges' Chambers and a Registry.

Kosovo Specialist Chambers
Dhomat e Specializuara të Kosovës (Albanian)
Специјализована већа Косова (Serbian)
Kosovo Specialist Chambers
Seat of the Specialist Chambers
Established2017
LocationThe Hague, Netherlands
Authorized byConstitution of Kosovo
Websitehttps://www.scp-ks.org/
President
CurrentlyEkaterina Trendafilova
Since12 January 2017
Prosecutor
CurrentlyKimberly West
Since18 October 2023

In December 2016 Ekaterina Trendafilova was elected first president. Among the people charged with war crimes and crimes against humanity are Kosovo former president Hashim Thaçi and senior Kosovar politician Kadri Veseli. On 15 September 2021 the court's first trial opened, the case against Salih Mustafa.

Background

In 2010, Swiss politician Dick Marty authored a Council of Europe-report in which he noted war crimes had been committed by the KLA. Partly based on that report, the prosecutor of the Special Investigative Taskforce (SITF) of the European Union Rule of Law Mission in Kosovo (EULEX Kosovo) concluded sufficient evidence existed for prosecution of "war crimes, crimes against humanity as well as certain crimes against Kosovan law". The court is located outside Kosovo on request of the prosecutor in order to provide adequate protection to witnesses.

The Kosovo authorities have agreed with the EU on modalities of dealing with those serious allegations. On 3 August 2015, the Kosovo Assembly adopted Article 162 of the Kosovo Constitution and the Law on Specialist Chambers and Specialist Prosecutor's Office, following the Exchange of Letters between the President of Kosovo and the High Representative of the European Union for Foreign Affairs and Security Policy in 2014. The Specialist Chambers are attached to each level of the court system in Kosovo – Basic Court, Court of Appeals, Supreme Court and Constitutional Court. They will function according to relevant Kosovo laws as well as customary international law and international human rights law.

The EU has supported the process from the outset and together with other contributing countries (Canada, Norway, Switzerland, Turkey, and the United States of America) will financially support the work of the court.

The Specialist Chambers comprises two organs, the Chambers and the Registry. The Specialist Prosecutor's Office is an independent office for the investigation and prosecution of the crimes within the jurisdiction of the Specialist Chambers. The Specialist Chambers and the Specialist Prosecutor's Office are staffed with international judges, prosecutors and officers and have a seat in The Hague, the Netherlands.

Unlike many other non-Dutch judicial institutions in The Hague, the Kosovo Relocated Specialist Judicial Institution isn't an international court, but a court constituted through Kosovan legislation. To provide a proper legal basis for the court, Kosovo's constitution was amended (amendment 24) and Law No.05/L-053 on specialist chambers and specialist prosecutor's office was approved.

The court will be staffed by EU personnel and will have international judges only. The costs of the court will be borne by the EU as part of its Common Foreign and Security Policy. The four specialized chambers are all chambers of corresponding regular Kosovar institutions:

  • The court of first instance of Pristina
  • The court of Appeal
  • Supreme Court
  • Constitutional Court

Judges

Name State Term began Term ended Ref(s).
Kai Ambos Kosovo Specialist Chambers  Germany 7 February 2017 In office
Antonio Balsamo Kosovo Specialist Chambers  Italy 7 February 2017 In office
Christoph Barthe Kosovo Specialist Chambers  Germany 7 February 2017 In office
Gilbert Bitti Kosovo Specialist Chambers  France 22 September 2020 In office
Michael Bohlander Kosovo Specialist Chambers  Germany 7 February 2017 31 August 2022
Roland Dekkers Kosovo Specialist Chambers  Netherlands 7 February 2017 In office
Daniel Fransen Kosovo Specialist Chambers  Belgium 22 September 2020 In office
Emilio Gatti Kosovo Specialist Chambers  Italy 7 February 2017 In office
Fergal M. Gaynor Kosovo Specialist Chambers  Ireland 22 September 2020 In office
Nicolas Guillou Kosovo Specialist Chambers  France 7 February 2017 In office
Romina Incutti Kosovo Specialist Chambers  Italy 22 September 2020 In office
Nina H.B. Jørgensen Kosovo Specialist Chambers  Norway 22 September 2020 In office
Thomas Laker Kosovo Specialist Chambers  Germany 7 February 2017 In office
Guénaël Mettraux Kosovo Specialist Chambers   Switzerland 7 February 2017 In office
Vladimir Mikula Kosovo Specialist Chambers  Czech Republic 7 February 2017 In office
Roumen H. Nenkov Kosovo Specialist Chambers  Bulgaria 22 September 2020 In office
Andres Parmas Kosovo Specialist Chambers  Estonia 7 February 2017 6 March 2020
Michèle Picard Kosovo Specialist Chambers  France 7 February 2017 In office
Ann Power-Forde Kosovo Specialist Chambers  Ireland 7 February 2017 4 November 2019
Keith Raynor Kosovo Specialist Chambers  United Kingdom 7 February 2017 19 March 2020
Kenneth Roberts Kosovo Specialist Chambers  Canada 7 February 2017 In office
Charles Smith III Kosovo Specialist Chambers  United States 7 February 2017 In office
Vidar Stensland Kosovo Specialist Chambers  Norway 7 February 2017 In office
Ekaterina Trendafilova Kosovo Specialist Chambers  Bulgaria 12 January 2017 In office
Christine van den Wyngaert Kosovo Specialist Chambers  Belgium 7 February 2017 In office
Mappie Veldt-Foglia Kosovo Specialist Chambers  Netherlands 7 February 2017 In office

Specialist Prosecutor

Name State Term began Term ended Ref(s).
David Schwendiman Kosovo Specialist Chambers  United States 1 September 2016 31 March 2018
Jack Smith Kosovo Specialist Chambers  United States 7 May 2018 18 November 2022
Kimberly West Kosovo Specialist Chambers  United States 18 October 2023 In office

Indicted persons

A total of 11 persons have been indicted in the Kosovo Specialist Chambers. Of those indicted, all have been arrested and transferred to the Chambers' custody. The cases against three people are in the pre-trial stage, five people are on trial, and three persons are serving sentences.

References

Tags:

Kosovo Specialist Chambers BackgroundKosovo Specialist Chambers Legal basis and organisationKosovo Specialist Chambers JudgesKosovo Specialist Chambers Specialist ProsecutorKosovo Specialist Chambers Indicted personsKosovo Specialist ChambersAlbanian languageAlbaniansFR YugoslaviaGreater AlbaniaKosovoKosovo Liberation ArmyKosovo warParamilitarySerbian languageThe Hague

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