Pristina analysts have estimated that a failure in the formation of the Special Court would severely affected statehood and the image of Kosovo.
Analyst of the British group for policy Naim Rashiti has said that it would be terrible if the obligation to establish the court would be transferred to the UN Security Council, because of the lack of readiness of Pristina. In such case, the subjectivity and Kosovo’s statehood would come into question and the term of the court’s functioning would be unlimited. “If the UN Security Council forms such a court (which would then receive international character) the entire mandate of the court would be in the hands of the UN. It will be the same as in the case of other international courts or administrations, and as it was the case of UNMIK administration,” said Rashiti for Radio Free Europe.
Analyst Dren Doli from the Group of Legal and Political Studies has said that the establishment of the Court is an international obligation of Kosovo. “Otherwise, the UN will form the court in accordance with Resolution 1244, which on the other hand would mean negation of the Kosovo statehood. Moreover, the establishment of such a court by the UN would have negative consequences for the image of Kosovo in the future,” said Doli. Although this process is problematic, Doli believes that Kosovo has to prove its abilities as a state and to fulfil its responsibilities.
The states which are friends of Kosovo do not want that UN take over this process, because it would lead to the fact that Kosovo would be again blocked from states that have not recognized Kosovo’s independence.
Minister of Justice Hajredin Kuqi recently explained the draft law on the process of establishing the Special Court. He said that the Special Court for war crimes will be located in Holland, although there is still no agreement on this. Kuqi said that the document on the Special Court was prepared by the European Commission and that attitudes between representatives of Kosovo and the EU will be coordinated.
