Kosovo Specialist Chambers Jurisdiction and the International Criminal Court

Abstract

The establishment of the Kosovo Specialist Chambers as a local war crimes court is coming as a challenge to the overall authority and jurisdiction claimed by the International Criminal Court. These two courts are at the same time divided and connected in so many aspects. Kosovo war crimes have been dealt in the past by icty, unmik, eulex courts and now a specially made ksc. The ksc as being a local court is still practically having above it the icty and the Mechanism which inherited the icty but also the possible application of the icc. We will compare the ksc to other courts having local jurisdiction in Kosovo with an aim to understand if the ksc is an exception or a rule from now on in certain post-conflict societies. The exclusion of the icc from adjudicating in Kosovo is a challenge and potential solution to other post-conflict societies, and they can apply its various forms and practices and overall ignore the icc in the future. Although icc is the only international criminal court it is not the only specialised court dealing with war crimes now. The ksc and icc overall struggle for jurisdiction have been also shadowed by the global political struggle for primacy, leaving these and many other local and international institutions without a real power, functioning in a framework of and for various political aims. The special characteristics and mandate ksc has makes it worth researching in order to better understand the icc and the overall understanding of International War Crimes courts/Tribunal worldwide today and in the future.