Specialist tribunal for Kosovo — forced justice?

Both the theory of international criminal law and the juridical bodies applying its norms have been paying significant attention to the crimes committed during the bloody armed conflicts in the territory of the former Yugoslavia. The last conflict in Kosovo (1998–1999), unfortunately, has received limited focus within the activity and the jurisprudence of the International Criminal Tribunal for the former Yugoslavia. The rare cases related to that conflict mostly ignored the numerous crimes committed against the Serbian population. At the same time, there were reports of crimes, including those committed by organized criminal groups, against the non-Albanian population of the province, among which were allegations of illegal trafficking in human organs. These reports had been initially made public by the former ICTY Prosecutor and were then investigated by the Council of Europe Special Rapporteur, who found them to be credible. Following prolonged preparatory efforts, Specialist Chambers and Specialist Prosecutor’s Office have been established. In the author’s view, the most adequate term to use referring to both “pillars” of this judicial institution simultaneously is “Specialised Tribunal”. Author believes that the creation of this “Specialist Tribunal” by the international community may be considered as an attempt to react to those allegations, objectively investigate them, identify the perpetrators, and bring them to justice. The article identifies the key issues related to the establishment and operation of the Tribunal and provides an overview of the six cases currently under its consideration. Analysing the process of its establishment, the author deems that Kosovo authorities were de facto forced to accept its establishment within Kosovo’s legal framework. The study relies on publicly available official records, including relevant materials of the Council of Europe and the European Union, electronic databases, judgments and decisions of the Kosovo Specialized Chambers. Based on quantitative assessment methods and comparative analysis of open statistics on the prosecution of international crimes in Kosovo, the author concludes that there is a certain “one-sidedness” in international and local justice, which favours Kosovo Albanian victims. The author’s leaves open the question of whether this Tribunal can somehow rectify this imbalance.