Kosovo Specialist Chambers

The Kosovo Specialist Chambers (KSC) (Albanian: Dhomat e Specializuara të Kosovës; Serbian: Специјализована већа Косова, Specijalizovana veća Kosova) is a court of Kosovo, located in The Hague (Netherlands), hosting four Specialist Chambers and the Specialist Prosecutor's Office, which may perform their activities either in the Netherlands or in Kosovo. The court is currently set up for delegating the trials of the crimes committed by members of the Kosovo Liberation Army (KLA), an ethnic-Albanian paramilitary organisation which sought the separation of Kosovo from Yugoslavia during the 1990s and the eventual creation of a Greater Albania.^{[1][2][3][4][5]} The alleged crimes concern the period 1998–2000, during and at the end of the Kosovo War and directed afterwards against "ethnic minorities and political opponents".^[6] The court was formally established in 2016.^[7] It is separate from other Kosovar institutions, and independent. It is composed of a Specialist Prosecutor's Office and four Specialist Chambers, with themselves comprising Judges' Chambers and a Registry.

Kosovo Specialist Chambers
Dhomat e Specializuara të Kosovës (Albanian) Специјализована већа Косова (Serbian)
Seat of the Specialist Chambers
Established	2016
Location	The Hague, Netherlands
Authorised by	Constitution of Kosovo
Website	https://www.scp-ks.org/
President
Currently	Ekaterina Trendafilova
Since	12 January 2017
Prosecutor
Currently	Kimberly West
Since	18 October 2023

In December 2016 Ekaterina Trendafilova was elected first president.^[8] Among the people charged with war crimes and crimes against humanity are Kosovo former president Hashim Thaçi and senior Kosovar politician Kadri Veseli.^[9] On 15 September 2021 the court's first trial opened, the case against Salih Mustafa.^[10]

Background

In 2010, Swiss politician Dick Marty authored a Council of Europe-report in which he noted war crimes had been committed by the KLA. Partly based on that report, the prosecutor of the Special Investigative Taskforce (SITF) of the European Union Rule of Law Mission in Kosovo (EULEX Kosovo) concluded sufficient evidence existed for prosecution of "war crimes, crimes against humanity as well as certain crimes against Kosovan law".^[7] The court is located outside Kosovo on request of the prosecutor in order to provide adequate protection to witnesses.^[7]

The Kosovo authorities have agreed with the EU on modalities of dealing with those serious allegations. On 3 August 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 High Representative of the European Union for Foreign Affairs and Security Policy in 2014. The Specialist Chambers are attached to each level of the court system in Kosovo – Basic Court, Court of Appeals, Supreme Court and Constitutional Court. They will function according to relevant Kosovo laws as well as customary international law and international human rights law.

The EU has supported the process from the outset and together with other contributing countries (Canada, Norway, Switzerland, Turkey, and the United States of America) will financially support the work of the court.

The Specialist Chambers comprises two organs, the Chambers and the Registry. The Specialist Prosecutor's Office is an independent office for the investigation and prosecution of the crimes within the jurisdiction of the Specialist Chambers. The Specialist Chambers and the Specialist Prosecutor's Office are staffed with international judges, prosecutors and officers and have a seat in The Hague, the Netherlands.

Legal basis and organisation

Unlike many other non-Dutch judicial institutions in The Hague, the Kosovo Relocated Specialist Judicial Institution isn't an international court, but a court constituted through Kosovan legislation. To provide a proper legal basis for the court, Kosovo's constitution was amended (amendment 24)^[11][7] and Law No.05/L-053 on specialist chambers and specialist prosecutor's office was approved.^[12]

The court will be staffed by EU personnel and will have international judges only. The costs of the court will be borne by the EU^[13] as part of its Common Foreign and Security Policy.^[7] The four specialized chambers are all chambers of corresponding regular Kosovar institutions:

• The court of first instance of Pristina
• The court of Appeal
• Supreme Court
• Constitutional Court

Judges

Name	State	Term began	Term ended	Ref(s).
Kai Ambos	Germany	7 February 2017	In office	[14]
Antonio Balsamo	Italy	7 February 2017	In office	[14]
Christoph Barthe	Germany	7 February 2017	In office	[14]
Gilbert Bitti	France	22 September 2020	In office	[15]
Michael Bohlander	Germany	7 February 2017	31 August 2022	[14][16]
Roland Dekkers	Netherlands	7 February 2017	In office	[14]
Daniel Fransen	Belgium	22 September 2020	In office	[15]
Emilio Gatti	Italy	7 February 2017	In office	[14]
Fergal M. Gaynor	Ireland	22 September 2020	In office	[15]
Nicolas Guillou	France	7 February 2017	6 June 2024	[14][17]
Piotr Hofmański	Poland	3 December 2024	In office	[18]
Romina Incutti	Italy	22 September 2020	In office	[15]
Nina H.B. Jørgensen	Norway	22 September 2020	In office	[15]
Thomas Laker	Germany	7 February 2017	In office	[14]
Marjorie Masselot	France	6 June 2024	In office	[19]
Guénaël Mettraux	Switzerland	7 February 2017	In office	[14]
Vladimir Mikula	Czech Republic	7 February 2017	In office	[14]
Roumen H. Nenkov	Bulgaria	22 September 2020	In office	[15]
Andres Parmas	Estonia	7 February 2017	6 March 2020	[14][20]
Michèle Picard	France	7 February 2017	In office	[14]
Ann Power-Forde	Ireland	7 February 2017	4 November 2019	[14][21]
Keith Raynor	United Kingdom	7 February 2017	19 March 2020	[14][22]
Kenneth Roberts	Canada	7 February 2017	In office	[14]
Charles Smith III	United States	7 February 2017	In office	[14]
Vidar Stensland	Norway	7 February 2017	In office	[14]
Ekaterina Trendafilova	Bulgaria	12 January 2017	In office	[23]
Christine van den Wyngaert	Belgium	7 February 2017	In office	[14]
Mappie Veldt-Foglia	Netherlands	7 February 2017	In office	[14]

Specialist Prosecutor

Name	State(s)	Term began	Term ended	Ref(s).
David Schwendiman	United States	1 September 2016	31 March 2018	[24]
Kwai Hong Ip (acting)	United Kingdom	1 April 2018	6 May 2018	[25]
Jack Smith	United States	7 May 2018	18 November 2022	[24]
Alex Whiting (acting)	France /  United States	19 November 2022	17 October 2023	[26]
Kimberly West	United States	18 October 2023	In office	[27]

Indicted persons

A total of 15 persons have been indicted in the Kosovo Specialist Chambers. Of those indicted, 14 have been arrested and transferred to the Chambers' custody and one has been summoned to appear. The cases against four people are in the pre-trial stage, four people are on trial, one case in the appeals stage, four people are serving sentences, and two people have completed their sentences.

Name	Indicted	H	W	D	Detained	Current status	Ind.
Salih Mustafa	12 June 2020	—	4	—	24 September 2020	Serving sentence of 15 years' imprisonment[28][29][30]	[31]
Pjetёr Shala	12 June 2020	—	4	—	15 April 2021	Appeal of sentence of 18 years' imprisonment[32]	[33]
Jakup Krasniqi	26 October 2020	6	4	—	4 November 2020	Trial began on 3 April 2023[34]	[35]
Rexhep Selimi	26 October 2020	6	4	—	5 November 2020	Trial began on 3 April 2023[34]	[35]
Hashim Thaçi[A]	26 October 2020	6	4	11	5 November 2020	Trial began on 3 April 2023[34]	[35]
Kadri Veseli	26 October 2020	6	4	—	5 November 2020	Trial began on 3 April 2023[34]	[35]
Hysni Gucati[B]	11 December 2020	—	—	6	25 September 2020	Completed sentence on 24 December 2024 (released on 18 October 2023)[38][39]	[40]
Nasim Haradinaj[C]	11 December 2020	—	—	6	25 September 2020	Completed sentence on 24 December 2024 (released on 14 December 2023)[38][41]	[40]
Ismet Bahtijari[D]	2 October 2023	—	—	3	6 October 2023	Paroled on 21 February 2025[42][43]	[44]
Sabit Januzi[E]	2 October 2023	—	—	3	6 October 2023	Paroled on 21 February 2025[42][45]	[44]
Haxhi Shala	4 December 2023	—	—	3	12 December 2023	Serving sentence of 3 years' imprisonment[46][47]	[44]
Fadil Fazliu	29 November 2024	—	—	2	5 December 2024	Case in pre-trial stage[36]	[37]
Isni Kilaj[F]	29 November 2024	—	—	2	5 December 2024	Case in pre-trial stage[36]	[37]
Hajredin Kuçi	29 November 2024	—	—	2	Summoned	Case in pre-trial stage[36]	[37]
Bashkim Smakaj	29 November 2024	—	—	2	5 December 2024	Case in pre-trial stage[36]	[37]
Notes Hashim Thaçi was indicted in another case on 29 November 2024. That case is in the pre-trial stage.[36][37] Hysni Gucati served 3 years and 23 days of his sentence of 4 years and 3 months' imprisonment in detention and the remainder on parole in addition to paying a €100 fine. Nasim Haradinaj served 3 years, 2 months, and 19 days of his sentence of 4 years and 3 months' imprisonment in detention and the remainder on parole in addition to paying a €100 fine. Ismet Bahtijari served 1 year, 4 months, 15 days of his sentence of 2 years' imprisonment in detention. Sabit Januzi served 1 year, 4 months, 15 days of his sentence of 2 years' imprisonment in detention. Isni Kilaj was previously detained from 2 November 2023 to 15 May 2024 before being conditionally released.[48]

References

1. State-building in Kosovo. A plural policing perspective. Maklu. 5 February 2015. p. 53. ISBN 9789046607497.
2. Liberating Kosovo: Coercive Diplomacy and U. S. Intervention. Belfer Center for Science and International Affairs. 2012. p. 69. ISBN 9780262305129.
3. Dictionary of Genocide. Greenwood Publishing Group. 2008. p. 249. ISBN 9780313346415.
4. "Kosovo Liberation Army (KLA)". Encyclopædia Britannica. 14 September 2014.
5. Karon, Tony (6 March 2001). "Albanian Insurgents Keep NATO Forces Busy". Time.
6. "Kosovo court to be established in The Hague". Government of the Netherlands. 15 January 2016. Retrieved 16 January 2016.
7. "Betreft Nederland gastland voor de Kosovo rechtbank" (PDF). Government of the Netherlands. 15 January 2016. Archived from the original (PDF) on 26 March 2017. Retrieved 16 January 2016.
8. "Kosovo Special Court Appoints First President". 14 December 2016.
9. Marusic, Sinisa Jakov (2 September 2020). "North Macedonia Albanian Leader Testifies to Kosovo War Prosecutors". Balkan Insight. Retrieved 3 September 2020.
10. Bami, Xhorxhina (15 September 2021). "First Trial of Kosovo Ex-Guerrilla Opens at Hague War Crimes Court". Balkan Insight. Retrieved 15 September 2021.
11. "Amendment of the constitution of the Republic of Kosovo, I. Amendment no. 24" (PDF). Kosovo Assembly. Retrieved 16 January 2016.
12. "Law No.05/L-053" (PDF). Kosovo Assembly. Retrieved 16 January 2016.
13. "Special Kosovo war crimes court to be set up in The Hague". Reuters. 15 January 2016. Archived from the original on January 22, 2016.
14. "Appointment of Kosovo Specialist Chambers Judges". KSC. 2017-02-07. Retrieved 2023-12-21.
15. "Appointment of six new judges to the Roster". KSC. 2020-11-22. Retrieved 2023-12-21.
16. "Resignation from KSC Roster of Judge Michael Bohlander". KSC. 2022-08-31. Retrieved 2023-12-21.
17. "Judge Nicolas Guillou resigned". KSC. 2024-06-06. Retrieved 2024-06-07.
18. "Appointment of new Judge to the Roster and to the Specialist Chamber of the Constitutional Court". KSC. 2024-12-04. Retrieved 2024-12-05.
19. "Appointment of new Judge to the Roster". KSC. 2024-06-06. Retrieved 2024-06-07.
20. "Judge Andres Parmas resigned". KSC. 2020-03-10. Retrieved 2023-12-21.
21. "Judge Ann Power-Forde resigned". KSC. 2019-11-04. Retrieved 2023-12-21.
22. "Judge Keith Raynor resigned". KSC. 2020-03-20. Retrieved 2023-12-21.
23. "The President". KSC. Retrieved 2023-12-21.
24. "Former Specialist Prosecutors". SPO. Retrieved 2023-12-21.
25. "Kwai Hong Ip succeeds David Schwendiman as Acting Specialist Prosecutor". KSP. 2018-03-29. Retrieved 2024-10-26.
26. "Alex Whiting succeeds Jack Smith as Acting Specialist Prosecutor". KSP. 2022-11-19. Retrieved 2024-10-26.
27. "New Specialist Prosecutor signs solemn declaration". KSP. 2023-10-18. Retrieved 2023-12-21.
28. "Case Information Sheet: Specialist Prosecutor v. Salih Mustafa (Case No. KSC-BC-2020-05/ KSC-CA-2023-02)" (PDF). KSC. 2023-03-28. Retrieved 2023-04-03.
29. "Appeals Panel pronounces judgment in Salih Mustafa case". KSC. 2023-12-14. Retrieved 2023-12-15.
30. "KSC Appeals Panel imposes new sentence of 15 years imprisonment in Salih Mustafa Case". KSC. 2024-09-10. Retrieved 2024-09-11.
31. "KSC-BC-2020-05: Specialist Prosecutor v. Salih Mustafa Public Redacted Version of 'Indictment', dated 19 June 2020" (PDF). KSC. 2020-10-02. Retrieved 2020-11-06.
32. "Pjetër Shala convicted of arbitrary detention, torture and murder". KSC. 2024-07-16. Retrieved 2024-07-16.
33. "KSC-BC-2020-04: Specialist Prosecutor v. Pjetёr Shala Further redacted Indictment" (PDF). KSC. 2021-03-31. Retrieved 2021-04-16.
34. "Case Information Sheet: Specialist Prosecutor v. Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi (Case No. KSC-BC-2020-06)" (PDF). KSC. 2023-04-03. Retrieved 2023-04-03.
35. "KSC-BC-2020-06: Specialist Prosecutor v. Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi Public Lesser Redacted Version of Amended Indictment" (PDF). KSC. 2023-02-27. Retrieved 2023-03-01.
36. "Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi indicted for influencing witnesses – first initial appearances on Sunday". KSC. 2024-12-06. Retrieved 2024-12-06.
37. "KSC-BC-2023-12: Specialist Prosecutor v. Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi Public redacted Confirmed Indictment" (PDF). 2024-12-02. Retrieved 2024-12-06.
38. "Case Information Sheet: Specialist Prosecutor v. Hysni Gucati & Nasim Haradinaj (Case No. KSC-BC-2020-07)" (PDF). KSC. 2023-02-27. Retrieved 2023-04-03.
39. "President Ekaterina Trendafilova grants Hysni Gucati modification of sentence". KSC. 2023-10-17. Retrieved 2023-10-20.
40. "KSC-BC-2020-07: Specialist Prosecutor v. Hysni Gucati and Nasim Haradinaj Lesser Redacted Indictment" (PDF). KSC. 2021-10-04. Retrieved 2021-10-05.
41. "President Ekaterina Trendafilova grants Nasim Haradinaj modification of sentence". KSC. 2023-12-14. Retrieved 2023-12-15.
42. "Sabit Januzi and Ismet Bahtjari arrested and transferred to the KSC Detention Facilities in The Hague – initial appearances scheduled for 9 October". KSC. 2023-10-06. Retrieved 2023-10-07.
43. "KSC-SC-2025-01/CS002: Specialist Prosecutor v. Ismet Bahtijari Decision on Commutation, Modification or Alteration of Sentence with Confidential and Ex Parte Annexes" (PDF). KSC. 2025-02-19. Retrieved 2025-02-25.
44. "KSC-BC-2023-10: Specialist Prosecutor v. Haxhi Shala, Sabit Januzi, and Ismet Bahtijari Public redacted version of 'Confirmed Amended Indictment'" (PDF). KSC. 2024-07-10. Retrieved 2024-07-11.
45. "KSC-SC-2025-05/CS001: Specialist Prosecutor v. Sabit Januzi Decision on Commutation, Modification or Alteration of Sentence with Confidential and Ex Parte Annexes" (PDF). KSC. 2025-02-19. Retrieved 2025-02-25.
46. "Haxhi Shala arrested on charges of witness intimidation and transferred to the KSC Detention Facilities in The Hague – Initial Appearance scheduled for 13 December 2023". KSC. 2023-12-12. Retrieved 2023-12-13.
47. "Trial Panel approves plea agreements". KSC. 2025-02-04. Retrieved 2025-02-09.
48. "Isni Kilaj". KSC. Retrieved 2024-12-06.