Can the Special Tribunal be founded by the UNO?

Can the Special Tribunal be founded by the UNO?

IBNA Special Report

Pristina, March 30, 2015/Independent Balkan News Agency

By Elton Tota

If Parliament of Kosovo fails in establishing the Special Tribunal, then in all likelihood, the United Nations will act.

Kosovo’s Foreign Minister, Hashim Thaci says that Parliament of Kosovo must vote the establishment of the Tribunal, otherwise, this Tribunal will be established by the UNO.

“The other alternative is for the Tribunal to be established by UNO. Enemies of Kosovo want the failure of the establishment of the Special Tribunal. Meanwhile, other alternatives are very painful and entirely outside the authority and laws of Kosovo”, he says.

Thaci says that the justice of the war of Kosovo has been sealed throughout all of Kosovo with the sacrifice of all the citizens.

Self Determination MP, Ilir Deda, considers the declarations of the Kosovo head of diplomacy as lies with the scope of manipulating public opinion.

“We’re being told that if Parliament of Kosovo doesn’t vote it, then this goes to the UN. This is a lie. This is a method of creating pressure which has no value. This organization has no mandate to establish the Special Tribunal”, Deda said.

Council for the Protection of Human Rights in Kosovo is against the foundation of the Special Tribunal, as according to them, this tribunal is biased, judgmental and makes  selective justice.

“This Special Tribunal against KLA is being founded through a media and diplomatic pressure, threatening that in case it’s not voted by the parliament of Kosovo, than this will be done by the UN Security Council. In fact, the Hague Tribunal is a legal instrument of the United Nations, as it’s the case with UNMIK and EULEX, that work under the mandate of Resolution 1244 of the United Nations”, says the Council.

International Community: The Court will be founded by the UNO

Ambassadors of United States, Germany, Great Britain and the special representative of the European Union have declared that if Pristina cannot manage to establish the Special Court, then according to them, such thing will be transferred under the power of the United Nations.

According to these ambassadors and EU officials to Kosovo, the establishment of the Special Tribunal by the authorities of Pristina is in the best interest of Kosovo and its future.

US ambassador to Kosovo, Tracey Ann Jacobson, has declared that the Special Tribunal doesn’t aim at judging the war and the history of Kosovo.

Jacobson said that if this tribunal fails to be established, then the powers will be transferred to the UNO and according to her, Kosovo would be a second Hague.

“This tribunal will continue to function according to the laws of Kosovo and will handle individual cases and it will not judge the glorious war of KLA”, said ambassador Jacobson.

Ambassador of Great Britain to Kosovo, Ian Cliff said that if Parliament of Kosovo doesn’t manage to vote the creation of the Special Tribunal, for the issues raised in the Dick Marty’s report, then this will be referred to the UN Security Council under Resolution 1244.

“It will not be great pressure on the part of UNO to form the court, because the permanent members of the Security Council, will have no reason to refuse such thing”, declared ambassador Cliff.

“Germany’s ambassador to Kosovo, Angelika Viets, declared for the media that the EU and Kosovo have jointly decided to form the Tribunal and according to her, there’s been a letter exchange for this between the EU and Kosovo.

“The foundation of the Tribunal is a good thing for Kosovo, because it’s important not to renegotiate the agreement for the Special Tribunal. The current discussion is dangerous for the image of Kosovo as a serious partner”, said German ambassador Viets.

She added that if Kosovo distances itself from the agreement, then this may turn into an issue of credibility.

The German ambassador Viets also said that she has mentioned the fact that if Kosovo doesn’t establish the Tribunal, then this will be done by the UN Security Council and according to her, this would be a step backwards in the efforts to strengthen sovereignty.

But, for the EU Special Envoy to Kosovo, Samuel Zbogar, the Special Tribunal will conclusively cleans the image of Kosovo, because according to him, individuals and not the state must be investigated for wrongdoing.

“The foundation of the Special Tribunal is in the best interest of Kosovo and we expect Kosovo authorities to handle this issue with priority. We see the creation of the work group by the President along with the technical team and discussions in Parliament as a positive”, said Zbogar.

Representatives of the institutions of Kosovo are also in favor of the foundation of the Special Tribunal, but such thing has been objected by opposition parties in Kosovo. /ibna/