Maximum 15-year sentence and return of files to Kosovo: what changes in PDK’s draft law for the Special Court?

The Democratic Party of Kosovo (PDK) has officially submitted to the Assembly of Kosovo a draft law aiming to amend and supplement the Law on the Specialist Chambers and the Specialist Prosecutor’s Office.

The political and legal initiative comes after the 16 September 2026 verdict against former KLA leaders in The Hague.

The explanatory memorandum of the draft law states that the purpose is to return the jurisdiction of the Special Court to the limits set by the initial constitutional framework and to protect the legitimacy of the liberation war from generalized definitions, including that of a “joint criminal enterprise.”

According to the proposal, the Specialist Chambers would only examine concrete allegations arising from the Council of Europe Report, Document 12462 of 2011. The focus would be on accusations of organ trafficking and the direct crimes related to them, while general war crimes and crimes against humanity would remain outside its competence.

The draft law also limits the time period of offenses that can be dealt with in The Hague. It would cover only the period from 1 July 1999 to 31 December 2000.

Another proposed change concerns sentencing: the Specialist Chambers would not be able to impose more than 15 years of imprisonment, applying the legal principle of the more favorable norm.

Convicted persons, under the initiative, would serve their sentences in correctional institutions in Kosovo. They would also be granted the possibility of a pardon by the President of Kosovo.

For charges and cases not covered by the new scope, the court would have to declare lack of jurisdiction within an expedited deadline of 15 to 30 days. The files, evidence, and detained persons would be transferred to the Special Department and the Special Prosecution of Kosovo.

The competence for abstract review of the constitutionality of laws would be removed from the Specialist Constitutional Chamber in The Hague and returned exclusively to the Constitutional Court of Kosovo in Pristina.

The PDK also proposes that the Assembly authorize specialized international organizations to monitor the work of the Special Court in terms of respect for human rights and the guarantee of a fair trial.

Article 26 stipulates that ongoing trials will continue under the rules in force until the moment the Appeals Panel of the Specialist Chambers in The Hague issues a verdict.

After the completion of this phase, any further legal remedy or appeal would automatically fall under the jurisdiction of the Supreme Court of Kosovo.