Kosovo Moves To Curb Hague Tribunal Powers On Eve Of Deadline To Elect New President

Kosovo's parliament approved on first reading a bill to sharply restrict the jurisdiction of the Hague-based Kosovo Specialist Chambers on October 5, a day before the deadline to elect a new president or face fresh parliamentary elections.

All 91 lawmakers participating in the vote backed the bill. The legislation still requires a second reading and final approval.

The opposition Democratic Party of Kosovo (PDK), which proposed the changes following the war crimes convictions last month of four former Kosovo Liberation Army (KLA) leaders, has made its support for electing a president conditional on the bill's final passage.

Several hundred KLA supporters gathered outside of parliament and said they wouldn't leave until the legislation was fully approved. Some minor clashes were reported between the group and police.

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Prime Minister Albin Kurti backed the initiative despite describing the proposed changes as rushed and saying there had been little time to analyze them. He said the appeals process remained the route to challenging the convictions and called for a coordinated national strategy.

The second opposition party, the Democratic League of Kosovo (LDK), said it could not support the initiative. Lawmaker Jehona Lushaku-Sadriu warned that parliamentary approval would not guarantee implementation and that the changes might have no legal effect.

Ramush Haradinaj of the Alliance called for a second reading later the same day. The bill must first undergo detailed committee scrutiny, although parliamentary rules allow procedural deadlines to be waived under certain conditions.

The proposals would cap prison sentences at 15 years, allow appeals to Kosovo's Supreme Court, permit sentences to be served in Kosovo, and make those convicted eligible for presidential pardons.

The bill would also limit the court's jurisdiction to offenses mentioned in a 2011 Parliamentary Assembly of the Council of Europe report, which addressed allegations including postwar organ trafficking. It would also narrow the period covered by the court from January 1998–December 2000 to July 1, 1999–December 2000, excluding the wartime period.

Legal experts warn, however, that parliamentary approval alone would not establish whether the changes could take effect.

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The PDK submitted the bill on September 21, five days after the court sentenced former President Hashim Thaci and former parliamentary speaker Jakup Krasniqi to 25 years in prison each, former parliamentary speaker Kadri Veseli to 18 years, and Rexhep Selimi to 13 years.

All four were convicted of war crimes and acquitted of crimes against humanity. Their defense teams have announced plans to appeal.

PDK leader Bedri Hamza says the initiative aims to strengthen oversight and accountability rather than dismantle the court. Kosovo's government cleared the bill to proceed on October 2.

Under a Constitutional Court ruling, Kosovo has until October 6 to elect a president. Failure would trigger parliament's dissolution and new parliamentary elections.

Hamza has said the PDK, which holds 22 seats, is ready to discuss the presidency and provide votes once parliament completes approval of the court legislation.

Kurti met separately with Hamza and LDK leader Lumir Abdixhiku over the weekend to seek a breakthrough.

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A presidential candidate needs 80 votes in the first two rounds or 61 in a third. At least 80 lawmakers must participate for the election to proceed.

Kurti's Vetevendosje holds 53 seats, while his government was elected with 62 votes. PDK participation could provide the numbers needed to hold the presidential vote.

A first-reading vote would not complete the legislative process; committee scrutiny and a second reading would still follow. Parliament can waive procedural deadlines under certain conditions.

Ehat Miftaraj, director of the Kosovo Law Institute, told RFE/RL in reporting published on September 30 that lawmakers may propose amendments but must respect Kosovo's international commitments.

These include a commitment to consult the European Union on legislative changes affecting the court's mandate or related proceedings and to allow its work to continue until relevant investigations and proceedings are completed.

Visiting Pristina on October 1, European Commission President Ursula von der Leyen said decisions on legislative changes were for Kosovo to make but judicial independence must be guaranteed. She said the court's mandate must be fully respected and stressed the verdict concerned individual responsibility, not Kosovo's resistance.

The US State Department had not responded by publication to RFE/RL's request for comment.

Miftaraj said amendments concerning the court could face review by the Specialist Chamber of the Constitutional Court in The Hague.

The Specialist Chambers told RFE/RL for the September 30 report that they had not been consulted. They declined to comment on political initiatives, saying they remained focused on ensuring fair, impartial, and secure trials.