The German Embassy in Pristina has expressed deep concern over the amendments to the Law on the Specialist Chambers of Kosovo in The Hague, which Kosovo’s Assembly approved on Tuesday.
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The amendments were passed shortly before midnight and aim to limit the powers of the court based in The Hague.
German Embassy spokesperson Catalina Heine told Radio Free Europe that the court is an independent institution within Kosovo’s judicial system and that its autonomy must be protected.
According to the embassy, the Specialist Chambers were established under Kosovo’s laws and Constitution with the aim of ensuring accountability and justice for victims from all communities in the country. For this reason, she stressed, their independence must be fully respected.
Germany also said it stood in line with the European Union, which has opposed the amendments approved by the Assembly.
The EU said earlier that the amendments were not in keeping with Kosovo’s international obligations to the bloc.
EU spokesperson Christian Wiegand told Radio Free Europe that Kosovo must honor its international commitments to safeguard the independence of the Specialist Chambers, as well as its obligation to ensure accountability and justice for victims and their families from all communities.
Radio Free Europe has sought a response from the Kosovo government to the concerns expressed by international partners but has received no reply so far.
Përparim Gruda, a representative of the Democratic Party of Kosovo, which initiated the legal changes, said Kosovo was not violating its international obligations.
The approved amendments limit the Specialist Chambers’ jurisdiction in terms of the types of crimes, the period covered and the territory. They also set the maximum sentence at 15 years and provide for the possibility of transferring cases or sentences to Kosovo.
These developments follow the court’s September 16 ruling sentencing four former Kosovo Liberation Army leaders—Hashim Thaçi, Kadri Veseli, Jakup Krasniqi and Rexhep Selimi—to a total of 81 years in prison for war crimes committed during the last war in Kosovo.
All four defendants have denied the charges and said they will appeal the ruling.
The Specialist Chambers were established on the legal basis of an exchange of letters in 2014 between Kosovo’s then-president, Atifete Jahjaga, and the EU’s then-High Representative, Catherine Ashton.
As part of the commitments made at the time, Kosovo pledged to consult with the European Union on any initiative that would change laws affecting the court’s mandate or procedures related to investigations by the Special Investigative Task Force (SITF).
Pristina also pledged to ensure that the Specialist Chambers and the Specialist Prosecutor’s Office could continue their work until the relevant investigations and proceedings were concluded.
Although they are part of Kosovo’s judicial system, the Specialist Chambers are based in The Hague and operate with foreign judges and prosecutors.
The European Union remains the institution’s main funder. Since its establishment, it has provided nearly 400 million euros in support./RFE
