The Kosovo Specialist Chambers from a Political Realism Perspective

Abstract

Abstract∞ This article complements current legal research on the Kosovo Specialist Chambers and the Specialist Prosecutor’s Office – the ‘Special Court’ – by tracing the political process and the interests which influenced the court’s establishment. A key question is why the Special Court was established at all and why it was established as a national court, despite being under full international control. Political realism provides a useful theoretical framework to discuss these questions since it claims that international criminal tribunals are established to serve the interests of powerful states and not necessarily to provide international justice. The article’s main hypothesis is that the Special Court was created as a national court not only to address war crimes and prosecute the perpetrators of those crimes, but also to protect international actors from possible legal exposure in connection with their involvement in Kosovo during the time when the alleged crimes were committed.