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An Effective Form of Judicial Treatment of Foreign Terrorist Fighters in Kosovo?

July 20, 2023

Introduction Following the defeat of Islamic State in 2018 in Syria, thousands of Europeans accused of fighting for ISIS remain detained in Kurdish jails in Syria, while women and children related to these fighters are also living in several camps nearby the Iraqi border. Due to the absence of adequate infrastructure, some ISIS fighters are imprisoned in schools or hospitals without any security. Risks of attacks targeting detainees remain considerable and several fighters have already escaped. Citing security reasons, most Western countries have so far refused to repatriate ISIS foreign fighters of their nationality from Syria, and some countries, like France, are still opposed to the comprehensive repatriation even of  women and children related to these fighters. It is against this backdrop that state authorities in Kosovo initiated a  policy to bring back hundreds of jihadists and their families from Syria and Iraq. This post considers whether the model of repatriation and prosecution of foreign terrorist fighters pursued by Kosovo constitutes a model for other European countries, many of which are considering how to deal…

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EJIL:The Podcast! Episode 18 – “Be Careful What You Ask For”

February 28, 2023

In this episode Dapo Akande, Marko Milanovic and Philippa Webb are joined by Philippe Sands (University College London and 11KBW) and Margaretha Wewerinke-Singh (University of Amsterdam and University of the South Pacific). The focus is on the advisory function of international courts and tribunals. In December 2022, the Commission of Small Island States on Climate Change and International…

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Kosovo is a Country, and a Country Means a State, Rules the Court of Justice of the European Union

January 20, 2023

In September 2020, the General Court of the European Union (GCEU) examined whether the 2019 admission of Kosovo as a ‘third country’ to the EU Body of European Regulators for Electronic Communications (BEREC) amounted to recognition by the EU of Kosovo as an independent State. The case was brought by Spain, a non-recogniser of Kosovo,…

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Plea Negotiations on Reparations at the Kosovo Specialist Chambers

January 10, 2023

Rule 94(2)(c) of the Kosovo Specialist Chambers (KSC) Rules of Procedure and Evidence (RPE) provides that written plea agreements can be reached between the Specialist Prosecutor (SP) and the Defence on reparations. The Rule adds an additional layer of complexity to the controversial but gradually consolidating use of plea negotiations as a procedural tool in…

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Setting the Cat amongst Pigeons: Kosovo’s Application for Membership of the Council of Europe

May 17, 2022

Kosovo is one of the few places in Europe not party to the European Convention on Human Rights due to a legacy conflict with Serbia. Kosovo declared independence in 2008 after a bloody war followed by a period of international administration, but this is strongly disputed by Serbia which claims exclusive sovereignty over the entire territory. The conflict…

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