Kosovo Specialist Chambers – Part 1: its Statute and Rules of Procedure and Evidence in a nutshell

A new internationalized tribunal, the Kosovo Specialist Chambers (“KSC”), is poised to open its doors for business: indicting, arresting, prosecuting and so on. The KSC was established to try crimes against humanity, war crimes, and other crimes under Kosovo law committed by persons of Kosovo/Yugoslav citizenship or against persons of Kosovo/Yugoslav citizenship between January 1, 1998 and December 31, 2000 in the territory of Kosovo.1   See Law on Specialist Chambers and Specialist Prosecutor’s Office, Arts. 6-9, 13-15. Though located in The Hague, the KSC is a specialized chamber within the Kosovo Judiciary, much like the Extraordinary Chambers in the Courts of Cambodia (“ECCC”) which is an extraordinary chamber within the Cambodian judiciary.2   “Unlike the other United Nations and United Nations-assisted tribunals, the Extraordinary Chambers in the Courts of Cambodia forms part of the national court structure. It is a Cambodian national court, based on the French civil law system, with special jurisdiction, and with United Nations participation. It is an example of a special chamber within a national jurisdiction…. [It] is a national court of Cambodia.” United Nations Security Council, Report of the Secretary-General on possible options to further the aim of prosecuting and imprisoning persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia, including, in particular, options for creating special domestic chambers possibly with international components, a regional tribunal or an international tribunal and corresponding imprisonment arrangements, taking into account the work of the Contact Group on Piracy of the Coast of Somalia, the existing practice in establishing international and mixed tribunals, and the time and resources necessary to achieve and sustain substantive results, U.N. Doc. S/2010/394, 26 July 2010, pp. 42-43. The KSC is hybrid in that it has common law and civil law modalities, applying both Kosovo law and international law.   Continue reading “Kosovo Specialist Chambers – Part 1: its Statute and Rules of Procedure and Evidence in a nutshell”

Share

Footnotes   [ + ]