What accounts for the failures of the UN justice mission in Kosovo and how can these mistakes be fixed? This report, published by Amnesty International, highlights seven years of failings by the UN Mission in Kosovo’s (UNMIK) Department of Justice. Although the model of internationalising local courts by temporarily importing experienced jurists could work, the effort in Kosovo cannot serve as a model. By publicising the findings of its own internal review, UNMIK should begin to assess transparently its inadequate planning, oversight and implementation.
The judicial system in Kosovo collapsed almost immediately in the wake of NATO’s 1999 air strikes. When UN personnel entered the region, they immediately faced a massive law and order challenge, as Serbian judiciary fled. The UN’s initial attempt to create a multi-ethnic judicial system, staffed exclusively by locals, was hampered by a lack of experienced ethnic Albanians. Bringing in international jurists to arbitrate impartially, and in accordance with international standards, was a necessary improvisation under challenging circumstances.
A wide array of specific failures have plagued the UNMIK justice mission, organised under the following broad categories:
- UNMIK did not succeed in recruiting and adequately training international judges and prosecutors. Many of these personnel arrived without proper understanding of humanitarian law and human rights, and without experience of criminal prosecutions and handling cases of sexual violence. The justice system should have at least offered basic training in applicable law and local context.
- Fair Trial is a human right recognised in Articles 9, 14 and 15 of the International Covenant on Civil and Political Rights and a wide range of other international instruments. Without accountable, independent judges operating transparently, the Kosovo justice system has not respected the rights of suspects and accused.
- The UN did not succeed in improving the justice system. Its inability to investigate and prosecute war crimes and crimes under international law fairly and effectively eroded trust. A number of specific cases illustrate systematic bias and improvisation in the face of lack of evidence in judicial proceedings, despite the presence of international jurists.
Evaluation of these substantial shortcomings prompted the following policy recommendations for any future EU mission or other international body involved in developing Kosovo’s judicial system:
- The Kosovo Judicial Council should regulate both international and local judiciary members, without negatively affecting their independence and impartiality. Allegations of misconduct lodged against international judges or prosecutors must receive prompt and thorough investigation, with relevant disciplinary action.
- States must nominate candidates with requisite experience and expertise on crimes of sexual violence, civil law, criminal law and international humanitarian and human rights law. Such candidates, chosen with civil society participation, should speak a relevant official language.
- Relevant authorities should conceive and uphold strict professional standards for members of the international judiciary and prosecutors during their ongoing legal education and familiarisation with local society. The education process should include an introduction to criminal law and procedure, civil law and procedure, relevant local law and lessons in the local language, history and culture.
- A long-term action plan should end the impunity of those who have committed crimes under international law in Kosovo, especially rape and sexual violence.
- As a step towards transparency, UNMIK’s Department of Justice should create a public database of all of its work, with full translation in the relevant languages.
