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| Kosovo Specialist Chambers | |
|---|---|
| Dhomat e Specializuara të Kosovës(Albanian) Специјализована већа Косова(Serbian) | |
| Established | 2016 |
| Location | The Hague,Netherlands |
| Authorised by | Constitution of Kosovo |
| Website | https://www.scp-ks.org/ |
| President | |
| Currently | Ekaterina Trendafilova |
| Since | 12 January 2017 |
| Prosecutor | |
| Currently | Kimberly West |
| Since | 18 October 2023 |
TheKosovo Specialist Chambers (KSC) (Albanian:Dhomat e Specializuara të Kosovës;Serbian:Специјализована већа Косова,Specijalizovana veća Kosova) is a court ofKosovo, located inThe Hague (Netherlands), hosting fourSpecialist Chambers and theSpecialist Prosecutor's Office, which may perform their activities either in theNetherlands or inKosovo. The court is currently set up for delegating the trials of thecrimes committed by members of theKosovo Liberation Army (KLA), anethnic-Albanianparamilitary organisation which sought the separation of Kosovo fromYugoslavia during the 1990s.[1][2][3][4][5] The alleged crimes concern the period 1998–2000, during and at the end of theKosovo 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 2016Ekaterina Trendafilova was elected first president.[8] Among the people charged withwar crimes andcrimes against humanity are Kosovo former presidentHashim Thaçi and seniorKosovar politicianKadri Veseli.[9] On 15 September 2021 the court's first trial opened, the case againstSalih Mustafa.[10]
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In 2010, Swiss politicianDick Marty authored aCouncil of Europe-report in which he notedwar crimes had been committed by the KLA. Partly based on that report, the prosecutor of the Special Investigative Taskforce (SITF) of theEuropean 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, theKosovo Assembly adopted Article 162 of theKosovo 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.[citation needed]
The EU has supported the process from the outset and together with other contributing countries (Canada,Norway,Switzerland,Turkey, and theUnited States of America) will financially support the work of the court.[citation needed]
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 aninternational court, but a court constituted through Kosovan legislation. To provide a proper legal basis for the court, Kosovo'sconstitution was amended (amendment 24)[11][7] and Law No.05/L-053on 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 itsCommon Foreign and Security Policy.[7] The four specialized chambers are all chambers of corresponding regular Kosovar institutions:
| Name | State(s) | Term began | Term ended | Ref(s). |
|---|---|---|---|---|
| David Schwendiman | 1 September 2016 | 31 March 2018 | [26] | |
| Kwai Hong Ip (acting) | 1 April 2018 | 6 May 2018 | [27] | |
| Jack Smith | 7 May 2018 | 18 November 2022 | [26] | |
| Alex Whiting (acting) | 19 November 2022 | 17 October 2023 | [28] | |
| Kimberly West | 18 October 2023 | In office | [29] |
A total of 15 persons have been indicted in the Kosovo Specialist Chambers. Of those indicted, 14 have been arrested and transferred to the Chambers' custody and one has been summoned to appear. The cases against four people are in the pre-trial stage, four people are on trial, three people are serving sentences, and four people have completed their 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[30][31][32] | [33] |
| Pjetёr Shala | 12 June 2020 | — | 4 | — | 15 April 2021 | Serving sentence of 13 years' imprisonment[34] | [35] |
| Jakup Krasniqi | 26 October 2020 | 6 | 4 | — | 4 November 2020 | Trial began on3 April 2023[36] | [37] |
| Rexhep Selimi | 26 October 2020 | 6 | 4 | — | 5 November 2020 | Trial began on3 April 2023[36] | [37] |
| Hashim Thaçi[A] | 26 October 2020 | 6 | 4 | 11 | 5 November 2020 | Trial began on3 April 2023[36] | [37] |
| Kadri Veseli | 26 October 2020 | 6 | 4 | — | 5 November 2020 | Trial began on3 April 2023[36] | [37] |
| Hysni Gucati[B] | 11 December 2020 | — | — | 6 | 25 September 2020 | Completed sentence on24 December 2024 (released on18 October 2023)[40][41] | [42] |
| Nasim Haradinaj[C] | 11 December 2020 | — | — | 6 | 25 September 2020 | Completed sentence on24 December 2024 (released on14 December 2023)[40][43] | [42] |
| Ismet Bahtijari[D] | 2 October 2023 | — | — | 3 | 6 October 2023 | Completed sentence on4 October 2025 (released on21 February 2025)[44][45] | [46] |
| Sabit Januzi[E] | 2 October 2023 | — | — | 3 | 6 October 2023 | Completed sentence on4 October 2025 (released on21 February 2025)[44][47] | [46] |
| Haxhi Shala[F] | 4 December 2023 | — | — | 3 | 12 December 2023 | Paroled on2 February 2026[48][49] | [46] |
| Fadil Fazliu | 29 November 2024 | — | — | 2 | 5 December 2024 | Case in pre-trial stage (conditionally released on10 February 2026)[38][50] | [39] |
| Isni Kilaj[G] | 29 November 2024 | — | — | 2 | 5 December 2024 | Case in pre-trial stage (conditionally released on10 December 2025)[38][52] | [39] |
| Hajredin Kuçi | 29 November 2024 | — | — | 2 | Summoned | Case in pre-trial stage[38] | [39] |
| Bashkim Smakaj | 29 November 2024 | — | — | 2 | 5 December 2024 | Case in pre-trial stage (conditionally released on10 February 2026)[38][50] | [39] |
Notes
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