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

2. SUMMARY AND
RECOMMENDATIONS
Kosovo: Time for EULEX to prioritize war crimes 5
Amnesty International considers that the justice system in Kosovo is unable, in its present
form, to adequately address the legacy of impunity for crimes under international law which
prevails in Kosovo. The organization considers that this must be addressed in the context of
the extension of the mandate of the European Rule of Law Mission in Kosovo (EULEX), and
the strengthening of the rule of law building effort in Kosovo.
Almost 13 years after the end of the conflict, a culture of impunity – encouraged by members
of the Kosovo government – prevails. The continued presence of international investigators,
prosecutors and judges, especially where cases involve high-profile/government defendants,
remains crucial in breaking this culture. Yet the number of EULEX personnel dedicated to
the investigation, prosecution and adjudication of crimes under international law is
inadequate to the task.
Significant progress has been made by EULEX in the investigation and prosecution of such
crimes, yet the number of cases brought to prosecution – when compared to the number of
outstanding cases – is small, and hundreds of crimes under international law remain to be
investigated.
Cases of enforced disappearances and abductions have not yet been investigated, while the
bodies of some 1,800 missing persons have still not been exhumed, identified, and returned
to their relatives. Investigations into the unknown number of crimes of sexual violence have
only just begun over the past year.
Witness protection, before, during and after proceedings in cases of crimes under
international law, is woefully inadequate. With insufficient resources and in the absence of
assistance from EU member states in providing long-term protection, few potential witnesses
have sufficient confidence that they will be provided with adequate protection. Nor are there
any provisions for the psycho-social support for witnesses, including in cases of crimes of
sexual violence.
While there has been some progress by EULEX in their mandate to assist the Kosovo
government and relevant institutions in building a sustainable, independent and impartial
justice system, much remains to be done. Kosovo Police are only at the first stages of their
training in the investigation crimes under international law; a local exhumations team has
only recently started recovering mortal remains; and there are still no professional local
forensic anthropologists or scientists with the skills for complex exhumations and the
identification of bodies.
Further, while the legal framework enabling local prosecutors within the Special Prosecutors
Office of the Republic of Kosovo (SPRK) to investigate and prosecute crimes under
international law is in place, only two local prosecutors have as yet begun to work on such
cases. In order to ensure the investigation and prosecution of such complex cases in the
Index: EUR 70/004/2012 Amnesty International April 2012