Abstract
The experiences of many transitional justice mechanisms have led to a general consensus on the central importance of local legitimacy and local ownership; this indeed is repeatedly avowed by both the UN and the EU in their prescriptions on effective transitional justice mechanisms. Yet, I argue that the Kosovo Specialist Chambers was established in the absence of both. The court was not created in response to domestic pressure from within Kosovo; rather, it was the result of external pressure which by definition compromised local ownership and legitimacy. Drawing on the findings from first-hand qualitative research, I demonstrate that the court’s local legitimacy has not improved since its establishment. This lack of legitimacy, I argue, has potentially negative implications as, without popular legitimacy, the court’s proceedings and judgements are unlikely to command sufficient public support to either catalyse the societal changes promised by the court’s external sponsors, or withstand opposition to the court from within the Kosovo Albanian population resulting from any perceived slight against the ‘heroic’ KLA.
Highlights
In August 2015, the ‘Kosovo Specialist Chambers’1 (KSC) was established by the Kosovo Assembly.2 The KSC is tasked with investigating crimes allegedly committed by the Kosovo Liberation Army (KLA) in the course of the civil war which took placeA
The KSC is seen as part of a renewed global trend in favour of ‘hybrid’ tribunals (Hobbs 2016, 485; Stahn 2016) as, the court is based on Kosovo’s constitution and was formally established by the Kosovo Assembly, it is located in The Hague, paid for by the EU and staffed exclusively by non-Kosovo citizens
The KSC was, from its inception characterised by two features; first, it was established as a result of external pressure, and second, those advocating for its establishment presented the court as a means by which Kosovo’s communities— especially the Albanians and the Serbs—would achieve justice and ‘reconciliation’ and thereby enable Kosovo to move towards a new more prosperous and peaceful future
Summary
In August 2015, the ‘Kosovo Specialist Chambers’ (KSC) was established by the Kosovo Assembly. The KSC is tasked with investigating crimes allegedly committed by the Kosovo Liberation Army (KLA) in the course of the civil war which took place. The need for local legitimacy is, recognised as especially important in the case of hybrid tribunals/courts as, by definition, they are more remote than national bodies; as Harry Hobbs notes, ‘without legitimacy, the promised benefits of hybrid courts will be lost’ (2016, 495) Such views have been repeatedly expressed by both the UN and the EU in their various prescriptions on establishing effective transitional justice mechanisms. Drawing on the findings from first-hand qualitative research, I demonstrate that the KSC’s perceived legitimacy amongst Kosovo’s Albanian and Serbian communities remains low; the general public’s understanding of the KSC’s procedures and remit is poor, and despite the KSC’s public relations campaign, negative propaganda about the court continues to proliferate This is, I demonstrate, largely due to the fact that there are no political parties willing to publicly support the KSC in Kosovo, and the government has neglected to aid civil society efforts to bolster popular perceptions of the KSC. The KSC’s lack of legitimacy, I argue has potentially grave implications as, without popular legitimacy, the KSC’s proceedings and judgements are unlikely to command sufficient public support to either catalyse the societal changes promised by the court’s external sponsors, or withstand opposition from within the Kosovo Albanian population resulting from any perceived slight against the ‘heroic’ KLA
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