Yesterday, Kosovo’s parliament voted in favour of changing the constitution, allowing for the creation of an ad hoc war crimes court, to try ethnic Albanian former guerillas for alleged war crimes committed during and shortly after the war with Serbia in 1999.
The 120-seat legislature voted 82-5 in favor of the change, with several abstentions.
During the war, Kosovo Albanian rebels fought to make Kosovo independent from Serbia. In 2010, a special investigation team concluded that there was hard evidence of kidnapping, torture and murder by the rebels.
The report accused some members of the ethnic Albanian insurgency, the Kosovo Liberation Army (KLA), of abductions, beatings, summary executions, and in some cases, the forced removal of human organs on Albanian territory during and after the 1998-1999 Kosovo war. The report named some individuals currently in the Kosovo government, including Prime Minister Hashim Thaci.
At the time of the conclusions of the investigation, the International Criminal Tribunal for the former Yugoslavia (ICTY), established in 1993 to try all war crimes committed during the wars in the former Yugoslavia, did not take on any more new cases.
On Friday, Kosovo’s government had asked parliament to reconsider its rejection of an ad hoc court, after parliament had voted against creating the court on 26 June. Many Kosovo Albanians see the war crimes court as an attempt to tarnish their 1998-99 guerrilla war against Serbia’s repressive rule.
The new court will most likely be located in The Hague, although the Dutch government is still waiting for an official request from Kosovo.