Diplomats close to the team that is preparing the war crimes tribunal say that members of Kosovo’s Parliament will have to make a tough decision this month, but yet it is the easiest possible decision given the circumstances following investigations into Dick Marty’s report. Diplomats say the issue of the Tribunal that would address all crimes committed in Kosovo will have to be tackled in the future and that a court about Dick Marty’s allegations is inevitable.
The same sources told the paper that one of the scenarios according to which the Tribunal would be a genuine European court has already been avoided and that it is now up to Kosovo’s Parliament to avoid a tribunal under the authority of the United Nations. The latter scenario would happen if members of parliament fail to adopt the establishment of the court according to the model offered to them last week.
Before the establishment of the Special Investigations Task Force (SITF) that investigated allegations made in Dick Marty’s report, in September 2011 there was a long debate between countries that support Kosovo’s independence and those against it. Russia and Serbia were asking for a tribunal within the UN similar to the War Crimes Tribunal for the former Yugoslavia. Meanwhile, the European Union and the United States of America, in an attempt to prevent this scenario, established the SITF, a prosecution force under the EULEX umbrella which functions in Brussels and does not report to the chain of command of the EU mission in Kosovo.
Three years later, with investigations about to conclude, countries that support Kosovo’s independence are faced with the same challenge. They need to establish a court that will not undo EULEX’s authority, but which at the same time needs to be more international than EULEX.
Three years later, when investigations are being finalized, states that are supporting the independence of Kosovo are challenged at the same issue. They need to establish a court who will not undo EULEX’s authority, but which needs to be more international than EULEX itself.
The initial idea was to establish a European tribunal that would address war crimes allegations made in Dick Marty’s report. However, the five non-recognizing member states of the European Union and other countries were against the creation of new EU mechanisms. They requested for the establishment of a court that would be under the EULEX umbrella to prevent the establishment a new European mechanism.
Diplomats involved in the process have agreed for the court to be under the EULEX umbrella. In addition to the vote in parliament, Kosovo will also be asked to change the law on courts and if necessary amend the Constitution in order to include the court within the local judicial system.
If Kosovo’s Parliament fails to adopt the request to have the EU establish the court, possible scenarios that would result include a tribunal established through the UN Security Council or as a special court within the mandate of the Special Representative of the Secretary General.
