The Kosovo Specialist Chambers (KSC) was established in 2017 following the Council of Europe’s report and the EULEX mission’s conclusion that sufficient evidence existed for the prosecution of “war crimes, crimes against humanity as well as certain crimes against Kosovan law.”
The Kosovo authorities have agreed with the EU on modalities of dealing with those serious allegations. In 2015, the Kosovo Assembly adopted Article 162 of the Kosovo Constitution and the Law on Specialist Chambers and Specialist Prosecutor's Office, following the Exchange of Letters between the President of Kosovo and the EU in 2014. These constitutional and legislative changes paved the way for the establishment of KSC.
To date, a total of 11 individuals have been indicted in the KSC, all of whom have been arrested and transferred to the Chambers' custody. Among the most notable cases are those against former Kosovo Liberation Army (KLA) and political leaders such as Hashim Thaci, Jakup Krasniqi and Kadri Veseli.
Although the KSC is part of Kosovo’s judicial framework, it operates at each level of the court system in Kosovo (Basic Court, Court of Appeals, Supreme Court and Constitutional Court) but is based in The Hague, Netherlands.
KSC functions according to relevant Kosovo laws as well as customary international law and international human rights law, however, it is staffed by EU personnel and only has international judges. The court is funded by the EU as well as other Western partners such as the U.S., Switzerland, Canada, Norway, and Turkey.
KSC also has its seat in Pristina, but it is an independent organ that does not receive instructions and does not share information with other Kosovo authorities. The establishment of the KSC was driven by international pressure, while its hybrid format can be explained by the Western aim to ensure KSC’s independence.
A key driver for establishing KSC was the fact that local courts in Kosovo were inactive when it came to prosecuting war crimes committed by KLA. Many crimes against innocent individuals, Albanians, Roma, Serbs and other ethnic and religious communities remained unaddressed by the judiciary.
KSC has a specific mandate and jurisdiction over crimes against humanity, war crimes and other crimes under Kosovo law, which were commenced or committed in Kosovo between 1 January 1998 and 31 December 2000 by or against citizens of Kosovo or the Federal Republic of Yugoslavia.
KSC’s role in delivering justice
In September 2021, the Kosovo Specialist Chambers (KSC) delivered its judgment in its first war crimes prosecution. The KSC sentenced former KLA commander Salih Mustafa for the crimes of arbitrary detention, torture and murder on 26 years in prison. This sentence was upheld after an appeal but the sentence was reduced to 22 years of prison time in 2023.
In its latest judgment in July 2024, the KSC found former Kosovo Liberation Army (KLA) member Pjeter Shala guilty of three war crimes charges, including the arbitrary detention and torture of at least 18 detainees at the Kukes Metal Factory in Kukes, Albania, and the murder of one prisoner.
The court found that Shala, also known as “Commander Wolf,” was “individually criminally responsible as part of a joint criminal enterprise” in the arbitrary detention, torture and murder of prisoners held at the factory, which the KLA used as a detention center.
Shala’s victims were Kosovo Albanians and Roma who were apprehended and detained on vague allegations of “being traitors, collaborators of Serbian authorities … or not sufficient supporters of the KLA, financially, militarily, or politically”.
It should not be stressed how important this decision is to the families of victims, who will not only find peace, but may also get compensation for their losses.
The judgments against Mustafa and Shala confirm the necessity of establishing the Kosovo Specialist Chambers and its role in delivering justice 25 years after the war ended.
Although the KSC did not address it in its judgment, Shala’s verdict may raise questions about the responsibility of Albania, on whose territory the war crimes occurred.
Despite the good progress made by the KSC in prosecuting war crimes so far, it is important to note that all convictions for crimes against civilians are only against Kosovo Albanians, Roma or Bosniaks, overlooking crimes against ethnic Serbs. The ongoing trial before KSC against Hashim Thaci, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi, Serbs are among the victims.
However, there is no sentence in this trial which started in 2020 as Serbs are still waiting for justice. It cannot be stressed enough how important the role of KSC is in terms of transitional justice and delivering justice for families of all victims regardless of their ethnicity.
While war crimes and crimes against humanity committed by Yugoslav authorities in Kosovo were persecuted by the International Criminal Tribunal for the former Yugoslavia (ICTY) Serbian victims of war in Kosovo are still awaiting justice.
