Gentian Zyberi, a Professor of International Law and Human Rights at the University of Oslo said that the Kosovo Special Court is damaging the image of the country.
During an interview with Neritan Sejamini, he said that the creation of the court has caused issues for Kosovo’s international image as there is so equivalent in any of the other countries of the former Yugoslavia.
“There are different models for doing justice. But a Special Court like this has created problems for Kosovo’s image. This tribunal has not been established in other countries of the former Yugoslavia where war crimes, crimes against humanity and genocide have been committed, such as in Bosnia,” he said.
He added that there are a number of problems with the court including the fact it acknowledges the fact that Kosovo doesn’t have the capacity to manage the issues with its own judges and prosecutors. He said that both Kosovo and internationals are to blame for this because they had over 15 years to find a way to investigate these crimes without resorting to a court with international staff.
Zyberi said it’s imperative that investigations continue as there are still 1600 missing people following the end of the war. In addition to this, many crimes have gone unpunished.
“There are still 1600 missing and unsolved crimes in Kosovo. The fact there was a trial at the Hague Tribunal doesn’t mean it’s over. The state of Kosovo should continue its work and give it a priority. This hasn’t happened yet. As far as UNMIK and EULEX are concerned, they have left much to be desired in the investigation of war crimes.”
Despite earlier criticism of the Special Court, he said that it does have the capacity to investigate war crimes as it’s based on international best practices.
The Kosovo authorities should continue their investigations in parallel with the Special Court. In addition to this, they should have proper legal protection and should be prepared for political pressure from different actors who have interests in the legal proceedings.
