International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court – de lege lata, de lege ferenda

Mujë Ukaj, University of Haxhi Zeka
Qendresa Jasharaj, University of Haxhi Zeka

Abstract

The Special Court of Kosovo (Kosovo Specialist Chambers and Specialist Prosecutor's Office) with headquarters in The Hague, is one of the biggest problems Kosovo faced since the declaration of independence. This topic has been treated very little in scientific terms, while in the media it is written very much, calling it harmful to Kosovo, and even had opinions that it is a racist court since the same will initially only judge the KLA (Kosovo Liberation Army) members for alleged war crimes in Kosovo. The Special Court of Kosovo is presented as a sui generis case in the practice of international courts, the creation of which was preceded by a host of conditions and circumstances such as the failure of UNMIK and EULEX missions of law enforcement and especially the right and timely trial war crimes, the failure of local institutions to act as a sovereign and to create an efficient justice system and in particular their failure to establish a local court for the adjudication of alleged war crimes. Carla Del Ponte's autobiographical book "The Hunt: Me and War Criminals" crowns this idea with the Report of the Parliamentary Assembly of Council of Europe (Doc 12462).

Recommended Citation

Ukaj, Mujë and Jasharaj, Qendresa (2018) "International Criminal Responsibility in Kosovo: Establishment of the International Criminal Court – de lege lata, de lege ferenda," International Journal on Responsibility: Vol. 2: Iss. 1, Article 2.
DOI: https://doi.org/10.62365/2576-0955.1011
Available at: https://commons.lib.jmu.edu/ijr/vol2/iss1/2