A letter published by Albin Kurti’s office has revived international pressure on Pristina over the Special Court. British Prime Minister Andy Burnham, according to the official version made public, “strongly encourages” Kosovo to respect the full mandate of the Specialist Chambers in The Hague, while the reconsideration of controversial changes to the law on this mechanism remains pending in the Assembly.
London’s letter and the message on the Special Court
In the congratulatory letter addressed to Kosovo’s prime minister, Burnham expresses support for Kosovo as a “sovereign, independent and multiethnic state,” but the political emphasis falls on respecting the full mandate of the Specialist Chambers.
Legal changes that sparked reactions
The British reaction comes after, at the beginning of October, deputies in the Assembly of Kosovo approved changes to the Law on the Specialist Chambers, a move that has raised serious questions among European partners about the limits of political interference in a justice mechanism linked to international commitments.
The approved changes affect several of the main pillars of the Special Court’s functioning, including material jurisdiction, the time period covered by the court, the handling of certain procedural issues, and the possibility of presidential pardon for convicted persons.
What exactly the amendments aim to do
One of the most important points concerns narrowing the court’s jurisdiction only to acts directly linked to allegations of organ trafficking in the 2011 Council of Europe report. In practice, this would mean removing jurisdiction over other war crimes, crimes against humanity, or political violence that do not have such a direct connection.
Likewise, the period covered by the Special Court would be limited from July 1, 1999, to October 31, 2000, unlike the initial law, which included the period from January 1998 to December 2000. The changes also include the transfer to Kosovo of cases at the Supreme Court level, as well as a provision for maximum sentences of up to 15 years in prison.
Protests, the law’s return, and EU concern
The approval of the amendments was preceded by protests following the first-instance guilty verdict of September 16 against four former KLA leaders. Protesters demanded greater institutional support for Hashim Thaçi, Kadri Veseli, Jakup Krasniqi, and Rexhep Selimi, as well as changes to the law.
Later, at the request of the PDK itself, the initiator of the changes, President Justina Shiroka Pula returned the law to the Assembly for reconsideration on October 22. Since that date, there has been no announcement from deputies of a new reconsideration, while the European Union has said it is conducting dialogue with the Government of Kosovo on this issue and has called for respect for obligations undertaken earlier.
Obligations undertaken by Kosovo
Kosovo has undertaken commitments toward the Special Court since 2014, through an exchange of letters between then-president Atifete Jahjaga and the then EU foreign policy chief, Catherine Ashton.
Among these commitments is consultation with the EU on any initiative affecting the court’s mandate or procedures stemming from investigations by the Special Investigative Task Force, as well as the continuation of the work of the Specialist Chambers and the Specialist Prosecutor’s Office until the completion of the relevant investigations and proceedings.
It is precisely against this backdrop that the letter published by Kurti’s office is read as more than a diplomatic greeting: as a clear political signal that Western allies are asking Pristina not to touch the foundations of the Special Court’s mandate.
The debate remains open not only over the content of the changes, but also over the line between political will in the Assembly and the commitments Kosovo has undertaken in relation to international justice.