Time for eULeX To prioriTize war crimes - Amnesty International ...

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60 Kosovo: Time for EULEX to prioritize war crimes progress in the prosecution of war crimes in Serbia has been relatively slow. While the court has jurisdiction over all crimes against international law, including war crimes, crimes against humanity and genocide, prosecutions to date have been brought only for war crimes, including on the grounds that crimes against humanity was not a distinct offence in the 1976 Basic Penal Code in force during 1990s. 174 OPTIONS FOR KOSOVO Both international and local prosecutors and judiciary interviewed by Amnesty International were agreed on the necessity to retain an internationalized court for the prosecution of crimes under international law for the foreseeable future. In their 2010 report on war crimes in Kosovo, the OSCE advocated the establishment of a Special War Crimes court or dedicated chamber. 175 A similar idea had been previously proposed in 1999-2000 by the Technical Advisory Commission on Judiciary and Prosecution Service which had recommended to UNMIK Department of Justice that a separate court be established to try war and ethnically-motivated crimes. The Kosovo War and Ethnic Crimes Court (KWECC) was proposed as an extraordinary court within the Kosovo legal system, composed of local and international judicial personnel. It was to have jurisdiction over cases involving grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, crimes against humanity and other crimes committed on political, racial or religious grounds in Kosovo since 1 January 1998. It was anticipated that the KWECC would have primacy over other domestic courts, and would be able to assume jurisdiction, on the determination of the Chief Prosecutor, over a case at any given point. The KWECC was to be composed of panels with both local and international representatives, but its President, Vice President, Chief Prosecutor, Deputy Chief Prosecutor, Registrar and staff would all be international. It was planned that the KWECC would work together with Kosovar judges and prosecutors on these complex cases as one form of capacity building. The UNMIK Department of Judicial Administration spent a great deal of time and effort in developing operational plans to establish the court and continued into 2000.By March 2000, the UN Secretary-General in his report to the Security Council referred to the Court’s establishment. It was then reported in June 2000 that the chief international prosecutor for the KWECC had been appointed and had arrived in Kosovo and that the Court was expected to start work in the summer. However, the KWECC never materialised. The reasons suggested for its abandonment vary, but it seems concern as to the financial implications, United States reluctance and the establishment of the International Judges and Prosecutors Programme in February 2000 led to the proposal being quietly laid to rest by the end of 2000. 176 While Amnesty International does not propose that the KWECC be resuscitated, the organization notes that, with the establishment of the SPRK, a formal structure allowing the prosecution of war crimes and other serious crimes by a specialized prosecutorial body, including both local and international prosecutors is already in place. “The SPRK will be the main authority for war crimes and organised crime. But for this we need to have a Special Chamber or such a court - with financial stimulation, better Amnesty International April 2012 Index: EUR 70/004/2012
Kosovo: Time for EULEX to prioritize war crimes 61 conditions, legal advisers. There is an anti corruption task force – we need a war crimes task force. There could be a Special Chamber in the District Court, responsible for all of Kosovo, and to decide on witness protection and other things”, Amnesty International interview with Ismet Kabashi, Chief State Prosecutor, October 2011. The establishment of a special chamber, presided over by international and local judiciary, would compliment the existing SPRK. The chamber would require a dedicated court for proceedings in war crimes cases, which could, as in other countries in the region, be equipped with the facilities required not only in war crimes cases, but in other proceedings – including organized crimes and corruption - which require the highest standards of witness protection, support and security. Amnesty International does not wish to be proscriptive, but suggests very strongly that the time has come to open a discussion on the long-term future of war crimes prosecutions in Kosovo. Index: EUR 70/004/2012 Amnesty International April 2012
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campaign for inTernaTionaL JUsTice
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CONTENTS Glossary of Acronyms .....
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1. INTRODUCTION Kosovo: Time for EU
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2. SUMMARY AND RECOMMENDATIONS Koso
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Kosovo: Time for EULEX to prioritiz
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Time for eULeX To prioriTize war crimes - Amnesty International ...

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