INTERNATIONAL JUDICIAL SUPPORT

(Last updated on 9 February 2004)

For more details on International Judicial Support go to the full version of the Pillar I Report.

Following the difficulties experienced in establishing an independent, impartial and multi-ethnic local judiciary International judges and prosecutors were integrated into the Kosovo judicial system in February 2000. Regulation 2000/6 (amended by Regulation 2000/34, 27 May 2000) gave international judges and prosecutors full judicial authority and responsibility to select and process criminal cases within the jurisdiction of the court to which they are assigned. International judges and prosecutors are present in all five district courts, the Supreme Court of Kosovo and the Office of the Public Prosecutor of Kosovo.

The problem of ethnic bias, both actual and perceived, is deeply rooted in Kosovo and is one of the main reasons for the presence of international judges and prosecutors. They are also indispensable to fight organised crime, as Kosovo local judges are vulnerable and susceptible to undue pressures. However local judges and prosecutors are often involved in the cases handled by panels comprised of majority international judges and prosecutors. The international judges and prosecutors do not form a separate system; they are fully integrated into the Kosovo judiciary along with their local colleagues.

As on 5 February 2004, international judges were involved in 77 cases, of which 8 are appeals of judgments and 1 request for protection of legality pending before the Supreme Court, 24 are appeals of judgments pending filing of opinions by the Office of Public Prosecutor of Kosovo, 16 are ongoing or pending trials/retrials in District Courts, and 26 are judicial investigations in District Courts. Two of the three cases, which are at trial stage, have majority international panels composed pursuant to UNMIK Regulation No. 2000/64.

As on 5 February 2004, there are 13 international judges and 11 international prosecutors serving in Kosovo's criminal justice system, at District Court and Supreme Court level. In addition there are two international judges serving in the Special Chamber of the Supreme Court to deal with Kosovo Trust Agency related matters.