The Kosovo Specialist Chambers’ Rules of Procedure and Evidence

Abstract

The Kosovo Specialist Chambers (KSC) and the Specialist Prosecutor’s Office (SPO) are the latest addition to a multi-layered and burgeoning spectrum of international(ized) courts and institutions dedicated to the investigation and prosecution of international crimes. Their creation on 3 August 2015, however, did not only mark a new chapter in international criminal law, but also in the field of international criminal procedure. The judges of the KSC, in accordance with Article 19(1) of the Law on Specialist Chambers and Specialist Prosecutor’s Office (KSC Law), adopted the Rules of Procedure and Evidence (KSC RPE) in March 2017. After two decisions by the Constitutional Court Chamber and further amendments, the Rules have now been declared compatible with the Constitution of Kosovo and made public. In this article, I will provide a first analysis of the KSC RPE, focusing on their institutional background, origin, development, and selected issues that might provoke internal conflicts. Methodologically, I will not only compare the rules to their sister rules at other international(ized) criminal tribunals but also portray them against the background of Kosovo’s procedural tradition and political situation.