The parliamentary group of the Democratic Party of Kosovo (PDK) submitted a draft law to the Assembly on Monday aiming to amend and supplement the law on the Specialist Chambers in The Hague. PDK leader Bedri Hamza said this move follows concerns raised during recent protests against the conviction of former leaders of the Kosovo Liberation Army. The Alliance for the Future of Kosovo has supported the initiative, while Vetëvendosje Movement and the Democratic League of Kosovo have yet to take a formal stance.
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According to the proposed document consulted by Radio Free Europe, one of the key points is the introduction of a maximum sentence limit of 15 years in prison, as well as opening the way for convicted persons to benefit from a pardon by the country’s president.
In the justification of the amendments, it is stressed that the intervention in the law became necessary after the September 16 verdict, which labeled the KLA as a “joint criminal enterprise”. According to the drafters, this classification brings serious consequences for the state, history, and sovereignty of Kosovo. They argue that the Court was established on the premise of judging individual criminal responsibility, but the verdict in question contradicts earlier guarantees that the process would not question the legitimacy of the KLA and its liberation goal.
The proposal envisages narrowing the court’s mandate exclusively to the acts mentioned in the 2011 Parliamentary Assembly of the Council of Europe report. The aim, as explained, is to turn it into an extraordinary mechanism and create the legal basis for the mandatory transfer of files and detainees to Kosovo’s regular judicial system.
Also, the amendment aims for the sentences imposed to be served in Kosovo prisons. The document requests that the president have the power of pardon for persons convicted by the Specialist Chambers. Although the current Law on Pardon excludes acts against international law, which includes war crimes, the initiative aims to overcome this obstacle.
Another key point is the focus of jurisdiction only on organ trafficking allegations detailed in the Dick Marty report. The proposal limits criminal prosecution for other acts, such as general war crimes, only if they are directly linked to illegal organ harvesting operations. Consequently, it seeks to remove the court’s competence to prosecute war crimes or political violence that do not have this direct link.
The changes also affect the time period under investigation, proposing the period from July 1, 1999 to December 31, 2000, unlike the current timeframe that starts in January 1998. The territory of the offenses would also be limited solely to within Kosovo’s borders, excluding investigations into events outside it, such as those in northern Albania that the Specialist Prosecutor’s Office has handled so far.
Procedurally, fast-track mechanisms are requested for verifying jurisdiction and the parties are given the right to appeal to the Supreme Court in Prishtina. If a case falls outside the new jurisdiction, it, along with the evidence and the accused, would be transferred to the domestic justice system, namely the Special Department of the Basic Court and the Special Prosecution of Kosovo.
An important provision stipulates that any arrested person must be brought before a judge in Kosovo within 48 hours for the review of security measures under domestic legislation. Also, the trial panels would be obliged to reconsider the jurisdiction of every case within one month of this law’s entry into force. The document specifies that for cases with mixed charges, the part not consistent with the new mandate would be annulled and set aside for transfer.
During his media appearance, Hamza said the aim is neither to dissolve the Court nor to obstruct investigations into serious allegations such as organ trafficking, but to clarify its competencies. He added that for cases already on appeal, the process would continue under the current structure, but in the event of a possible retrial, the limited jurisdiction would apply and the case could be transferred to Kosovo.
Meanwhile, acting President Albulena Haxhiu called for unity and institutional coordination, asking that mutual accusations of treason and espionage be set aside in order to establish a common approach after this court decision. Meanwhile, LDK MP Avdullah Hoti requested an extraordinary parliamentary session for the adoption of a new resolution and full diplomatic engagement for the appeal process.
The initiative coincides with the sixth night of protests in the capital against the September 16 conviction of Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selimi. They received sentences of 25, 18, 25, and 13 years in prison respectively for war crimes, while they were acquitted of crimes against humanity charges. The organizers of the gatherings are demanding, among other things, the dismissal of Minister Donika Gërvalla and the provision of funds for the defense of the accused.
From a legal standpoint, expert Ehat Miftaraj of the Kosovo Law Institute warned that if the new criminal provisions are more lenient, they could be requested to apply in ongoing proceedings in The Hague, based on the principle of applying the more favorable law. He specified that such a request would be examined by the Specialist Chamber of the Constitutional Court in The Hague, which has exclusive jurisdiction, and not by the one in Prishtina, referring to a 2020 ruling. Miftaraj also mentioned the possibility that the Ombudsperson in The Hague could raise the issue of legality.
The PDK, not having enough votes with only 22 deputies, is seeking signatures from other colleagues to reach the necessary quorum for an extraordinary session. Hamza confirmed that there have been preliminary discussions with other political parties and invited their support, including the proposal that independent international observers monitor the respect for due process standards and the rights of the accused in the Special Court.
