Democratic Party of Kosovo (PDK) MP Përparim Gruda has said his party intends to amend Kosovo’s Law on the Specialist Chambers and Specialist Prosecutor’s Office, arguing that war crimes cases currently falling under the jurisdiction of the Specialist Chambers should ultimately be handled by Kosovo’s Supreme Court.
Speaking at a press conference, Gruda said the proposed legislation had been prepared with the assistance of legal experts and that PDK was open to hearing alternative views during parliamentary discussions.
“The law was drafted with a high level of expertise. That does not mean we are not open to hearing other opinions, but we will do so in the Assembly,” Gruda said.
He argued that the initiative should not be viewed solely as a PDK project, describing it instead as legislation intended to protect the legacy of the Kosovo Liberation Army (KLA).
“No office has the authority to hold such a law hostage. This is not a PDK law. It is a law for the protection of the KLA, and we should all do this in the Assembly,” he said.
Gruda says international obligations would not be violated
Gruda also argued that the proposed amendments would not violate Kosovo’s international commitments under its arrangements with the European Union and the Netherlands.
The existing Specialist Chambers were established through a framework involving an international agreement with the EU, a constitutional amendment and legislation adopted by the Kosovo Assembly in 2015. The court is based in The Hague under Kosovo’s agreement with the Netherlands.
According to the Specialist Chambers, its jurisdiction covers certain alleged crimes against humanity, war crimes and other crimes under Kosovo law committed or commenced between January 1998 and December 2000. The court has primacy over other Kosovo courts for matters within its mandate.
Gruda argued that the institution was established following the allegations contained in the 2011 report by Council of Europe rapporteur Dick Marty and that the subsequent proceedings had not established the organ-trafficking allegations in the way they were initially presented.
“Since they are accused of war crimes, we believe that at the third instance, a trial can be guaranteed in Kosovo,” Gruda said.
“We are convinced that we meet the international obligation related to the Dick Marty report and that we can transfer jurisdiction over war crimes to Kosovo,” he added.
Proposal would seek to bring proceedings back to Kosovo
Under the current legal framework, the Specialist Chambers are structured to mirror Kosovo’s judicial system, with chambers corresponding to the Basic Court, Court of Appeals, Supreme Court and Constitutional Court, while proceedings are conducted in The Hague.
Gruda’s proposal would therefore seek to change the existing arrangement and transfer the relevant jurisdiction back to Kosovo.
The PDK MP previously said that a resolution concerning the Specialist Chambers had been drafted with the involvement of independent experts. The Kosovo Assembly subsequently adopted a resolution calling for fair proceedings before the Specialist Chambers and Specialist Prosecutor’s Office.
The proposed amendments would still have to go through the parliamentary legislative process before any changes to the existing legal framework could take effect.
