Doyle: The mandate of the Specialized Chambers is defined by the Council of Europe report

The jurisdiction of the Kosovo Specialized Chambers based in The Hague does not depend on nationality or affiliation with a particular side in the conflict, but on whether the alleged crimes are linked to the Report of the Parliamentary Assembly of the Council of Europe, the court’s spokesperson Michael Doyle told the Kosovo Online portal.

The caretaker Prime Minister of Kosovo, Albin Kurti, recently stated that in a letter to the President of the Specialized Chambers, Ekaterina Trendafilova, he asked whether it was possible for this institution to also consider cases related to alleged crimes committed by Serbia during the war in Kosovo, adding that the answer he received was “more yes than no.”

In his response to Kosovo Online, the spokesperson of the Specialized Chambers, Michael Doyle, did not wish to comment on the claims made by the caretaker Prime Minister.

“It is not for the Specialized Chambers to interpret the words of Mr. Kurti,” Doyle said.

He stressed that the mandate of the Specialized Chambers is clear and pointed out that it is linked to the Council of Europe report from 2011, which, it should be recalled, was prepared by Special Rapporteur Dick Marty while investigating KLA crimes and human organ trafficking in Kosovo and Albania.

“The Specialized Chambers have jurisdiction over war crimes and crimes against humanity committed in the period from January 1998 to December 2000, which were initiated or carried out in Kosovo, or in which the perpetrator or the victim was from Kosovo or from the then Federal Republic of Yugoslavia. Therefore, the legal framework does not limit the court’s jurisdiction to a specific nationality, except to nationals of Kosovo or the Federal Republic of Yugoslavia. In addition, we note that the legal framework requires that the alleged crimes be linked to the Report of the Parliamentary Assembly of the Council of Europe,” Doyle said.

He added that the jurisdiction of the Specialized Chambers also includes other criminal offenses, but only if they relate to proceedings before the Specialized Chambers.

“The Specialized Chambers also have a mandate to try individuals who commit criminal offenses against the administration of justice, such as witness intimidation or evidence tampering, but only to the extent that this relates to proceedings before the Specialized Chambers,” he emphasized.

Several such cases have already been prosecuted before the Specialized Chambers. According to earlier announcements, the key case dealing with obstruction of justice is being conducted against Hashim Thaci.

Namely, while the conclusion of the first-instance proceedings in which he is charged with war crimes is expected in February, the Specialized Chambers have simultaneously announced that a second trial, for obstruction of justice, will begin against him at that time.