Establish an Independent Judicial SystemKosovo’s human rights abuses stem in part from its weak justice system, and previous unwillingness on the part of the UN administration, dating back to 1999, to confront those who use political violence. Most wartime abuses remain unpunished, and organized crime and corruption are largely unchecked. Ordinary crimes frequently go unpunished. The rule of law cannot take root in such an environment. After the March 2004 riots, in which minorities were targeted leaving hundreds of people injured and thousands displaced from their homes, bringing to justice those responsible was given top priority by the UN. Yet it was not until 2007 that there was meaningful progress in delivering justice for the victims. At the time of this writing, 35 defendants had been convicted on charges of arson, looting, inciting racial, religious and ethnic hatred, and assault, in cases managed mainly by international prosecutors. Fourteen of those convicted received prison terms, ranging from six months to 18 years. One suspect was acquitted. The weaknesses in the criminal justice in Kosovo have many causes. Poor coordination between the different parts of the system (police, prosecutors and judges), and a lack of integration between its national and international elements provide part of the explanation. Kosovo still lacks a functioning electronic case management system, making effective monitoring and resource allocation almost impossible. National judges and prosecutors are not always well trained. And there is inadequate oversight by independent bodies. Inadequate witness protection is a major impediment to justice, especially for organized crime, war crimes, and attacks on minorities. As cases of witness intimidation and harassment are widespread, many witnesses are unwilling to come forward, fearing for their lives. For witnesses in the most sensitive cases, relocation outside Kosovo is the only effective means of protection. Yet western governments have so far been reluctant to host witnesses at risk. An EU police and justice mission will be the main element of the new EU-led mission to Kosovo, reflecting international recognition of the scale of the problem. But ending impunity and building the rule of law will depend on the ability to learn from the mistakes of the past, and a willingness on the part of the Kosovo government and the new international mission to police, prosecute and punish criminal conduct, wherever and by whomever it is committed. Recommendations:
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