The recent decision by the Kosovo Assembly to pass amendments limiting the jurisdiction of the Specialist Chambers has sparked concerns from the European Union, which claims these changes conflict with Kosovo’s international obligations. An EU spokesperson highlighted that Kosovo must adhere to its commitments, ensuring the court’s existing mandate and independence remain intact. This court was established under the framework of an April 2014 exchange of letters between Kosovo and the EU, requiring consultation with the bloc for any legislative modifications affecting the court’s mandate, as reported by Radio Free Europe/Radio Liberty.
The Kosovo Assembly’s amendments aim to prevent the Specialist Chambers from being transformed into an extraordinary court, as prohibited by Article 103(7) of the Constitution. Democratic Party of Kosovo lawmaker Përparim Gruda contested the EU’s assessment, arguing the amendments do not breach international obligations. Despite these assertions, the Specialist Chambers spokesperson, Michael Doyle, noted that the court had not been consulted, as reported by Radio Kosova e Lirë.
The Assembly passed the amendments unanimously, with 88 votes in favor. This agreement was crucial for opposition parties before aligning on a presidential candidate, leading to the election of Justina Shiroka Pula as president. This decision averted an automatic dissolution of the Assembly and another early election, as detailed by Prishtina Insight.
Under the new draft law, the jurisdiction of the court over specific war crimes and political violence is limited unless these are directly related to organ trafficking or associated abuses at detention sites identified in a 2011 Council of Europe report. The proposed law also restricts jurisdiction within Kosovo’s constitutional parameters, placing review powers with Kosovo’s own Constitutional Court rather than an abstract review by the Specialist Chambers, as further reported by InLajmi.
The amendments impose a 15-year maximum sentence and require sentences to be served within Kosovo, additionally allowing presidential pardons for those convicted. The Specialist Chambers had previously convicted former President Hashim Thaçi and other former Kosovo Liberation Army leaders of war crimes, excluding crimes against humanity or organ trafficking allegations. Upon the law’s enactment, these provisions would be effective immediately for defendants and convicted individuals, with broader application pending completion of ongoing cases.