Programme of international judges in Kosovo

On 15 February 2000, based on Regulation 2000/6, the United Nations Mission to Kosovo (UNMIK) established a programme destined to integrate within the national criminal justice system a limited number of international judges and prosecutors. This programme, created to fight against impunity and thereby re-establish the primacy of law after the war, is the first of its kind. These international judges and prosecutors, who were assigned the same rights to judge criminal cases as the local judges, were required to see to it that criminal trials were conducted in an independent and impartial basis compatible with international law. Less than a year after its creation, this programme was significantly expanded. In fact, with Regulation 2000/64 dated 15 December 2000, UNMIK modified the Code of Criminal Procedure then in force in Kosovo in order to allow certain trials to be conducted by a panel of judges which was international in the majority.

Background to the Conflict

Tensions in Kosovo between the Albanian majority and the Serb minority are centuries old. They became heightened in 1987 at which time Slobodan Milosevic, who was increasingly asserting himself as the strongman of Serbia, decided to repeal the constitutionally guaranteed autonomy of Kosovo. This decision became effective in March 1989 with modifications made to the Serbian Constitution which notably brought the province of Kosovo under direct Serbian rule.

Faced with the indifference of the international community and the inefficiency of the Kosovo Albanian policy of passive resistance, some Kosovar Albanians in 1996 decided to take action and oppose the Serbian regime through violence by forming the Army for the Liberation of Kosovo (UCK in Albanian). The UCK then instituted a campaign of violence claiming responsibility for several attacks against the Serb army and police. By way of retaliation, in February and March 1998, the Serb authorities took severe counter measures by the police and the army. This led to the killing and expulsion from the province of a great number of people and provoked a massive insurrection.

Fearing that the conflict would spread to neighbouring countries, the western powers decided to intervene. A “contact group” was set up in order to negotiate the withdrawal of the Serb forces from Kosovo. Ultimately, with negotiations having broken down and in view of an unfolding humanitarian catastrophe, NATO carried out airstrikes against Serbia between 24 March and 10 June 1999, and so forced the Milosevic regime to withdraw from Kosovo.

Initially, the air campaign was planned to be one of symbolic bombardments lasting only 3 to 4 days, and aimed at bringing Belgrade back to the negotiating table. In the end, however, it lasted for 78 days.

On 10 June 1999, the air campaign came to an end and the Serb forces began their withdrawal from Kosovo escorted by KFOR (Kosovo Force), the United Nations mandated force for Kosovo. From that date, Kosovo was placed under the administration of the United Nations Interim Administration in Kosovo. (Resolution 1244)

The exact loss of human life during this conflict has never been clearly ascertained with several organisations estimating that 10’000 people were killed by the Serb forces with the airstrikes resulting in the death of some 500 and 1000 civilians and more than 650 Yugoslav soldiers.

On 17 February 2008, Kosovo declared its independence.