PRISTINA, 11. SEP. 2015 – The Pristina government has not yet started negotiations with the Netherlands, which is expected to host a new Kosovo war crimes court, after the opposition lodged constitutional objections. An advisor to Foreign Minister Hashim Thaci told BIRN that the government has not yet started its negotiations with the Dutch government to host the so-called ‘specialised chambers’ which are expected to try former paramilitary Albanian Kosovo Liberation Army(KLA) fighters for war crimes. Thaci’s advisor Adil Behramaj said that the government is waiting for Kosovo’s constitutional court to issue its opinion on the legality of constitutional changes that will allow the establishment of the new court. “We are first waiting for the opinion of the constitutional court and then we will further discuss the special court,” Behramaj told BIRN. On August 11, three opposition parties who oppose the new court, saying it is an insult to the KLA’s wartime struggle against Serbian forces, addressed the constitutional court with the argument that it is against the country’s constitution. They claim that it would undermine Kosovo’s sovereignty over judicial matters. The constitutional court has about a month left to ponder its decision. The Dutch government also confirmed that it has not yet started negotiations with the authorities in Pristina on hosting the new special court. “The Dutch government has not yet taken a decision on the hosting of the mentioned tribunal. As a result, no information can be provided on location, costs or the selection of judges,” the Dutch foreign ministry told BIRN. On August 3, Kosovo’s lawmakers approved constitutional amendments that allowed the court to be established. The Law on Specialist Chambers and Specialist Prosecutor’s Office establish and regulate the organisation, functions and jurisdiction of the new court. Maja Kocijancic, spokesperson for the EU’s foreign policy chief, said that the court cannot start functioning until the negotiations between the Kosovo and Dutch governments are complete. “The conclusion of the negotiations between Netherlands and Kosovo will complete the legal framework and this is a matter that needs to be addressed with them,” Kocijancic told BIRN. The new court will deal with allegations that Kosovo Liberation Army fighters were involved in the killings, abductions, illegal detentions and persecution of Serbs, Roma and Kosovo Albanians believed to be collaborators with the Serbian regime. The allegations first surfaced in a report published in 2011 by Council of Europe rapporteur Dick Marty, who claimed that crimes against civilians such as kidnapping, torture and organ-harvesting were committed by members of the KLA during the conflict.The report implicated Foreign Minister Hashim Thaci, the former political head of the KLA. He strongly denied any wrongdoing.
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