Kosovo Specialist Chambers

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

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.