The discovery of new mass graves in Kosovo has once again brought demands for justice for the victims of the war to the forefront. In this context, international criminal law professor William Schabas explained that the Kosovo Specialist Chambers could, under certain circumstances, theoretically have jurisdiction, but cases in which the suspects are members of Serbian forces should be handled by Kosovo’s justice system.
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In his response to the newspaper “Bota sot,” Schabas discussed the possibility that the Specialist Chambers could investigate crimes linked to the new mass graves, which may constitute serious violations of international humanitarian law. He also addressed the legal mechanisms available to the victims’ families, who continue to wait for justice.
According to him, it is not legally ruled out that this institution could have jurisdiction over such cases. However, he recalled that the Specialist Chambers were established for an entirely different purpose.
Schabas stated that, in principle, the Specialist Chambers may prosecute crimes committed by nationals of Kosovo or the Federal Republic of Yugoslavia, as well as cases in which the victims were nationals of Kosovo or the FRY, provided that the offenses occurred between January 1998 and December 2000. For this reason, he said, their jurisdiction is theoretically possible.
The professor explained that the court was created to examine allegations of crimes committed by leaders of the Kosovo Liberation Army, who later assumed positions in the country’s institutions.
He said the Specialist Chambers were intended to address crimes allegedly committed by KLA leaders who later joined Kosovo’s government, while these cases had not been examined by the International Criminal Tribunal for the former Yugoslavia. According to Schabas, the assessment at the time was that the domestic justice system would never investigate those cases.
When the suspects in the crimes are members of Serbian forces, the legal circumstances are different, he said. Schabas assessed that, in these cases, the same political barriers that led to the creation of the Specialist Chambers do not arise.
If there is suspicion that the offenses were committed by Serbs, Kosovo’s legal system has the ability to prosecute them, he said. The professor stressed that the political obstacles present in cases related to the KLA do not exist in this situation, and therefore the victims’ rights should be upheld through Kosovo’s domestic judicial system.
In conclusion, Schabas expressed skepticism that the Specialist Chambers could expand their activities in this direction. As one reason, he cited the high costs required to operate this mechanism.
According to him, the Specialist Chambers are an extremely expensive alternative. Schabas said he does not believe that their funders, essentially the European Union, would be willing to invest further in expanding the institution’s mandate.
