Kosovo Specialist Chambers

Kosovo Specialist Chambers
Dhomat e Specializuara të Kosovës (Albanian)
Специјализована већа Косова (Serbian)
Seat of the Specialist Chambers
Established2016
LocationThe Hague, Netherlands
Authorised byConstitution of Kosovo
Websitehttps://www.scp-ks.org/
President
CurrentlyEkaterina Trendafilova
Since12 January 2017
Prosecutor
CurrentlyKimberly West
Since18 October 2023

The Kosovo Specialist Chambers (KSC) (Albanian: Dhomat e Specializuara të Kosovës; Serbian: Специјализована већа Косова, Specijalizovana veća Kosova) is a court of Kosovo, located in The Hague (Netherlands), hosting four Specialist Chambers and the Specialist Prosecutor's 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.[1][2][3][4][5] 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".[6] The court was formally established in 2016.[7] 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.

In December 2016 Ekaterina Trendafilova was elected first president.[8] Among the people charged with war crimes and crimes against humanity are Kosovo former president Hashim Thaçi and senior Kosovar politician Kadri Veseli.[9] On 15 September 2021 the court's first trial opened, the case against Salih Mustafa.[10]

Background

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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".[7] The court is located outside Kosovo on request of the prosecutor in order to provide adequate protection to witnesses.[7]

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)[11][7] and Law No.05/L-053 on specialist chambers and specialist prosecutor's office was approved.[12]

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[13] as part of its Common Foreign and Security Policy.[7] 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  Germany 7 February 2017 In office [14]
Antonio Balsamo  Italy 7 February 2017 In office [14]
Christoph Barthe  Germany 7 February 2017 In office [14]
Gilbert Bitti  France 22 September 2020 In office [15]
Michael Bohlander  Germany 7 February 2017 31 August 2022 [14][16]
Roland Dekkers  Netherlands 7 February 2017 In office [14]
Daniel Fransen  Belgium 22 September 2020 In office [15]
Emilio Gatti  Italy 7 February 2017 In office [14]
Fergal M. Gaynor  Ireland 22 September 2020 In office [15]
Nicolas Guillou  France 7 February 2017 6 June 2024 [14][17]
Piotr Hofmański  Poland 3 December 2024 In office [18]
Romina Incutti  Italy 22 September 2020 In office [15]
Nina H.B. Jørgensen  Norway 22 September 2020 In office [15]
Thomas Laker  Germany 7 February 2017 In office [14]
Marjorie Masselot  France 6 June 2024 In office [19]
Guénaël Mettraux   Switzerland 7 February 2017 In office [14]
Vladimir Mikula  Czech Republic 7 February 2017 In office [14]
Roumen H. Nenkov  Bulgaria 22 September 2020 In office [15]
Andres Parmas  Estonia 7 February 2017 6 March 2020 [14][20]
Michèle Picard  France 7 February 2017 In office [14]
Ann Power-Forde  Ireland 7 February 2017 4 November 2019 [14][21]
Keith Raynor  United Kingdom 7 February 2017 19 March 2020 [14][22]
Kenneth Roberts  Canada 7 February 2017 In office [14]
Charles Smith III  United States 7 February 2017 In office [14]
Vidar Stensland  Norway 7 February 2017 In office [14]
Ekaterina Trendafilova  Bulgaria 12 January 2017 In office [23]
Christine van den Wyngaert  Belgium 7 February 2017 In office [14]
Mappie Veldt-Foglia  Netherlands 7 February 2017 In office [14]

Specialist Prosecutor

Name State(s) Term began Term ended Ref(s).
David Schwendiman  United States 1 September 2016 31 March 2018 [24]
Kwai Hong Ip (acting)  United Kingdom 1 April 2018 6 May 2018 [25]
Jack Smith  United States 7 May 2018 18 November 2022 [24]
Alex Whiting (acting)  France /  United States 19 November 2022 17 October 2023 [26]
Kimberly West  United States 18 October 2023 In office [27]

Indicted persons

A total of 14 persons have been indicted in the Kosovo Specialist Chambers. Of those indicted, 13 have been arrested and transferred to the Chambers' custody and one has been summoned to appear. The cases against seven people are in the pre-trial stage, four people are on trial, one case in the appeals stage, and three persons are serving sentences.

Name Indicted H W D Detained Current status Ind.
Salih Mustafa 12 June 2020 — 4 — 24 September 2020 Serving sentence of 15 years' imprisonment[28][29][30] [31]
Pjetёr Shala 12 June 2020 — 4 — 15 April 2021 Appeal of sentence of 18 years' imprisonment[32] [33]
Jakup Krasniqi 26 October 2020 6 4 — 4 November 2020 Trial began on 3 April 2023[34] [35]
Rexhep Selimi 26 October 2020 6 4 — 5 November 2020 Trial began on 3 April 2023[34] [35]
Hashim Thaçi[A] 26 October 2020 6 4 11 5 November 2020 Trial began on 3 April 2023[34] [35]
Kadri Veseli 26 October 2020 6 4 — 5 November 2020 Trial began on 3 April 2023[34] [35]
Hysni Gucati[B] 11 December 2020 — — 6 25 September 2020 Paroled on 18 October 2023[38][39] [40]
Nasim Haradinaj[C] 11 December 2020 — — 6 25 September 2020 Paroled on 12 December 2023 (released on 14 December 2023)[38][41] [40]
Ismet Bahtijari 2 October 2023 — — 3 6 October 2023 Case in pre-trial stage[42] [43]
Sabit Januzi 2 October 2023 — — 3 6 October 2023 Case in pre-trial stage[42] [43]
Haxhi Shala 4 December 2023 — — 3 12 December 2023 Case in pre-trial stage[44] [43]
Fadil Fazliu 29 November 2024 — — 2 5 December 2024 Case in pre-trial stage[36] [37]
Isni Kilaj[D] 29 November 2024 — — 2 5 December 2024 Case in pre-trial stage[36] [37]
Hajredin Kuçi 29 November 2024 — — 2 Summoned Case in pre-trial stage[36] [37]
Bashkim Smakaj 29 November 2024 — — 2 5 December 2024 Case in pre-trial stage[36] [37]
Notes
  1. ^ Hashim Thaçi was indicted in another case on 29 November 2024. That case is in the pre-trial stage.[36][37]
  2. ^ Hysni Gucati served 3 years and 23 days of his sentence of 4 years and 3 months' imprisonment in detention in addition to paying a €100 fine.
  3. ^ Nasim Haradinaj served 3 years, 2 months, and 19 days of his sentence of 4 years and 3 months' imprisonment in detention in addition to paying a €100 fine.
  4. ^ Isni Kilaj was previously detained from 2 November 2023 to 15 May 2024 before being conditionally released.[45]

References

  1. ^ State-building in Kosovo. A plural policing perspective. Maklu. 5 February 2015. p. 53. ISBN 9789046607497.
  2. ^ Liberating Kosovo: Coercive Diplomacy and U. S. Intervention. Belfer Center for Science and International Affairs. 2012. p. 69. ISBN 9780262305129.
  3. ^ Dictionary of Genocide. Greenwood Publishing Group. 2008. p. 249. ISBN 9780313346415.
  4. ^ "Kosovo Liberation Army (KLA)". Encyclopædia Britannica. 14 September 2014.
  5. ^ Karon, Tony (6 March 2001). "Albanian Insurgents Keep NATO Forces Busy". Time.
  6. ^ "Kosovo court to be established in The Hague". Government of the Netherlands. 15 January 2016. Retrieved 16 January 2016.
  7. ^ a b c d e "Betreft Nederland gastland voor de Kosovo rechtbank" (PDF). Government of the Netherlands. 15 January 2016. Archived from the original (PDF) on 26 March 2017. Retrieved 16 January 2016.
  8. ^ "Kosovo Special Court Appoints First President". 14 December 2016.
  9. ^ Marusic, Sinisa Jakov (2 September 2020). "North Macedonia Albanian Leader Testifies to Kosovo War Prosecutors". Balkan Insight. Retrieved 3 September 2020.
  10. ^ Bami, Xhorxhina (15 September 2021). "First Trial of Kosovo Ex-Guerrilla Opens at Hague War Crimes Court". Balkan Insight. Retrieved 15 September 2021.
  11. ^ "Amendment of the constitution of the Republic of Kosovo, I. Amendment no. 24" (PDF). Kosovo Assembly. Retrieved 16 January 2016.
  12. ^ "Law No.05/L-053" (PDF). Kosovo Assembly. Retrieved 16 January 2016.
  13. ^ "Special Kosovo war crimes court to be set up in The Hague". Reuters. 15 January 2016. Archived from the original on January 22, 2016.
  14. ^ a b c d e f g h i j k l m n o p q r s "Appointment of Kosovo Specialist Chambers Judges". KSC. 2017-02-07. Retrieved 2023-12-21.
  15. ^ a b c d e f "Appointment of six new judges to the Roster". KSC. 2020-11-22. Retrieved 2023-12-21.
  16. ^ "Resignation from KSC Roster of Judge Michael Bohlander". KSC. 2022-08-31. Retrieved 2023-12-21.
  17. ^ "Judge Nicolas Guillou resigned". KSC. 2024-06-06. Retrieved 2024-06-07.
  18. ^ "Appointment of new Judge to the Roster and to the Specialist Chamber of the Constitutional Court". KSC. 2024-12-04. Retrieved 2024-12-05.
  19. ^ "Appointment of new Judge to the Roster". KSC. 2024-06-06. Retrieved 2024-06-07.
  20. ^ "Judge Andres Parmas resigned". KSC. 2020-03-10. Retrieved 2023-12-21.
  21. ^ "Judge Ann Power-Forde resigned". KSC. 2019-11-04. Retrieved 2023-12-21.
  22. ^ "Judge Keith Raynor resigned". KSC. 2020-03-20. Retrieved 2023-12-21.
  23. ^ "The President". KSC. Retrieved 2023-12-21.
  24. ^ a b "Former Specialist Prosecutors". SPO. Retrieved 2023-12-21.
  25. ^ "Kwai Hong Ip succeeds David Schwendiman as Acting Specialist Prosecutor". KSP. 2018-03-29. Retrieved 2024-10-26.
  26. ^ "Alex Whiting succeeds Jack Smith as Acting Specialist Prosecutor". KSP. 2022-11-19. Retrieved 2024-10-26.
  27. ^ "New Specialist Prosecutor signs solemn declaration". KSP. 2023-10-18. Retrieved 2023-12-21.
  28. ^ "Case Information Sheet: Specialist Prosecutor v. Salih Mustafa (Case No. KSC-BC-2020-05/ KSC-CA-2023-02)" (PDF). KSC. 2023-03-28. Retrieved 2023-04-03.
  29. ^ "Appeals Panel pronounces judgment in Salih Mustafa case". KSC. 2023-12-14. Retrieved 2023-12-15.
  30. ^ "KSC Appeals Panel imposes new sentence of 15 years imprisonment in Salih Mustafa Case". KSC. 2024-09-10. Retrieved 2024-09-11.
  31. ^ "KSC-BC-2020-05: Specialist Prosecutor v. Salih Mustafa Public Redacted Version of 'Indictment', dated 19 June 2020" (PDF). KSC. 2020-10-02. Retrieved 2020-11-06.
  32. ^ "Pjetër Shala convicted of arbitrary detention, torture and murder". KSC. 2024-07-16. Retrieved 2024-07-16.
  33. ^ "KSC-BC-2020-04: Specialist Prosecutor v. Pjetёr Shala Further redacted Indictment" (PDF). KSC. 2021-03-31. Retrieved 2021-04-16.
  34. ^ a b c d "Case Information Sheet: Specialist Prosecutor v. Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi (Case No. KSC-BC-2020-06)" (PDF). KSC. 2023-04-03. Retrieved 2023-04-03.
  35. ^ a b c d "KSC-BC-2020-06: Specialist Prosecutor v. Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi Public Lesser Redacted Version of Amended Indictment" (PDF). KSC. 2023-02-27. Retrieved 2023-03-01.
  36. ^ a b c d e "Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi indicted for influencing witnesses – first initial appearances on Sunday". KSC. 2024-12-06. Retrieved 2024-12-06.
  37. ^ a b c d e "KSC-BC-2023-12: Specialist Prosecutor v. Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi Public redacted Confirmed Indictment" (PDF). 2024-12-02. Retrieved 2024-12-06.
  38. ^ a b "Case Information Sheet: Specialist Prosecutor v. Hysni Gucati & Nasim Haradinaj (Case No. KSC-BC-2020-07)" (PDF). KSC. 2023-02-27. Retrieved 2023-04-03.
  39. ^ "President Ekaterina Trendafilova grants Hysni Gucati modification of sentence". KSC. 2023-10-17. Retrieved 2023-10-20.
  40. ^ a b "KSC-BC-2020-07: Specialist Prosecutor v. Hysni Gucati and Nasim Haradinaj Lesser Redacted Indictment" (PDF). KSC. 2021-10-04. Retrieved 2021-10-05.
  41. ^ "President Ekaterina Trendafilova grants Nasim Haradinaj modification of sentence". KSC. 2023-12-14. Retrieved 2023-12-15.
  42. ^ a b "Sabit Januzi and Ismet Bahtjari arrested and transferred to the KSC Detention Facilities in The Hague – initial appearances scheduled for 9 October". KSC. 2023-10-06. Retrieved 2023-10-07.
  43. ^ a b c "KSC-BC-2023-10: Specialist Prosecutor v. Haxhi Shala, Sabit Januzi, and Ismet Bahtijari Public redacted version of 'Confirmed Amended Indictment'" (PDF). KSC. 2024-07-10. Retrieved 2024-07-11.
  44. ^ "Haxhi Shala arrested on charges of witness intimidation and transferred to the KSC Detention Facilities in The Hague – Initial Appearance scheduled for 13 December 2023". KSC. 2023-12-12. Retrieved 2023-12-13.
  45. ^ "Isni Kilaj". KSC. Retrieved 2024-12-06.