October 6 was marked as an important moment for Kosovo, as Parliament initially approved the draft law amending the Law on the Specialist Chambers, and later elected a new president, Justina Shiroka-Pula.
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The amendments approved in October 2026 do not provide for the abolition or closure of the Specialist Court, but they affect and limit several key elements of its functioning.
One of the changes concerns the period covered by the court’s jurisdiction. It is narrowed to the interval from July 1, 1999, to December 31, 2000, excluding the period from January 1998 to June 30, 1999.
In addition, territorial jurisdiction is limited exclusively to offenses allegedly committed within the territory of Kosovo. This means removing jurisdiction over allegations related to events outside Kosovo, including those in northern Albania.
Under the amendments, the maximum prison sentence that may be imposed will be 15 years, in application of the criminal law principle lex mitior, which entails applying the law more favorable to the convicted person.
The amendments also provide that sentences will be served in Kosovo, while creating new opportunities for the treatment of convicted persons and the conduct of further proceedings.
However, the courts are not abolished entirely, and the appeals proceedings for former KLA leaders will not be halted. Investigations into allegations of organ trafficking, included in the Council of Europe report, will also continue to be part of its mandate.
Professor and doctor Sadri Rambaja has said that Kosovo should seriously consider the possibility of reviewing the Law on the Specialist Chambers and the Specialist Prosecutor’s Office. According to him, such a process would help strengthen the constitutional order and affirm state sovereignty.
In a statement to “Bota sot,” Rambaja said that the President of the Republic should take institutional steps to initiate a comprehensive legal analysis. According to him, constitutional and international law experts should be involved in this process, previous practice should be assessed, and the law’s compatibility with constitutional and European standards should be examined.
He stressed that such an initiative should not be interpreted as an attempt to evade justice or as a confrontation with international partners. On the contrary, it would enable the identification of possible shortcomings and an assessment of whether there is a legal basis for improvements to the legislation.
“The first step I would suggest to the President of the Republic of Kosovo would be to initiate a serious process for reviewing the Law on the Specialist Chambers and the Specialist Prosecutor’s Office, with the aim of identifying and correcting its possible legal and constitutional shortcomings. This process should be based on professional expertise, a detailed analysis of previous practice, and a careful assessment of the compatibility of the relevant provisions with the constitutional order of the Republic of Kosovo,” Ramabaja declared.
The professor recalled that the adoption of the law in 2015 should serve as a starting point for institutional reflection. He argued that political decisions made in the past cannot be permanently exempted from critical review.
Rambaja suggested establishing an independent group of experts to analyze the provisions of the law and the possibilities for any potential intervention. At the same time, he considered consultations with international partners essential for maintaining dialogue and preventing diplomatic tensions.
“Sovereignty is not demonstrated through confrontational rhetoric, but through the state’s ability to act on the basis of the Constitution, legal argument, and institutional responsibility. A state that considers itself equal to other states must have the courage to review its own decisions, but also the prudence to do so through legitimate procedures and with respect for its international obligations,” he emphasized.
The professor also linked the issue of reviewing the law to Kosovo’s goal of joining the Council of Europe. In this context, he highlighted the importance of European standards for protecting human rights and ensuring a fair trial.
According to Rambaja, the legislation governing the Specialist Chambers should also be analyzed in relation to the European Convention on Human Rights, without drawing prior conclusions as to whether the law contains violations or whether amendments are necessary.
“Kosovo should not have to choose between international partnership and its constitutional sovereignty. It should demonstrate that these two dimensions can function in harmony. Membership in the Council of Europe and integration into the Strasbourg system could create a more sustainable framework for this balance: a state that accepts international oversight of human rights while simultaneously exercising its responsibility to improve legislation and guarantee equal justice,” Rambaja declared.
In conclusion, he said that the President could use this issue to promote a careful institutional process that would combine respect for the Constitution, preservation of strategic partnerships, and protection of the state interest.
Rambaja said that Kosovo needs an approach that does not consider previous decisions untouchable, but bases any possible change on legal arguments, constitutional procedures, and respect for international obligations.
