The Status of the Kosovo Specialist Branches in Global Criminal Justice System
Between 1998 to 2000, the autonomous province of Kosovo faced an armed conflict between the Kosovo liberation army and Serbian belligerents. Due to the issuance of the declaration of independence of Kosovo in 2008, an investigation took place regarding the behaviors of Kosovo liberation army members by the parliamentary assembly of the Council of Europe resulted in confirmed violent and humiliating behaviors by members of this group. In 2014, The European Union and the government of Kosovo reached an agreement on establishing a special tribunal regarding charges within the investigation report, and subsequently, the Kosovo specialist department & specialist prosecutor's office were established. From the perspective of historical evolution, International criminal tribunals divide into four generations, and the specialist branches of Kosovo is below international criminal tribunals. The importance of the position of global criminal justice in the process of international peace and security requires that this new and little-known court as an agent of global criminal justice be evaluated formally and substantively from the point of view of its structure, competences and judicial procedure, in order to strengthen its strengths and Let's consider the correction of weak points. What we obtained by studying relevant documents and practical precedent of the specialist branches of Kosovo are the failure to provide a precise definition of the crime of forced disappearance of persons and the slow activity of the specialist branches as weak points. At the same time, it should be mentioned the necessity of judges' skill in criminal law as a criterion for tenure and great accuracy and attention to related details in drafting the judgment as strengths.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.