While many in Kosovo resent the idea of yet another tribunal charged with probing war crimes committed in the late 1990s, pressure to agree to the court is proving irresistible.

The European Union has asked the Dutch government to assist the EU’s special task force in possible criminal proceedings once an investigation into organ-trafficking allegation is complete.

Dutch Foreign Minister Frans Timmermans informed parliament last week about the request for assistance that will take place after the EU’s Special Investigative Task Force, SITF, finishes its investigation into alleged war crimes and other allegations contained in the December 2010 Council of Europe report compiled by Dick Marty.

The ministerial letter, obtained by BIRN, says the EU is still negotiating with Kosovo about the modalities of the criminal proceedings.

Timmermans further said that “the exact role of The Netherland is still unclear,” but what is known is that it will involve “a very a limited number of cases in a limited period of time”.

According to the minister, the new court will not be “an international tribunal for Kosovo based in The Netherlands”, but a special tribunal, while some procedures will take place in Holland, which “could involve the hearing of witnesses.”

The letter further said that The Netherlands would provide assistance requested by the EU, “given the unique Dutch experience in the field of international jurisprudence”.

However, Dutch support remained conditional on the court meeting ”the highest international criminal law standards and the standards enshrined in the European Court of Human Rights.

“These two conditions have to be achieved by the Kosovo authorities, in cooperation with the EU,” the minister noted.

Special court in EULEX mandate:

The European Union and the United States are currently negotiating with Kosovo on the mandate of the court, which BIRN sources within the EU said would be integrated into Kosovo’s own legal system, with special status.

However, tribunal sessions would be held abroad, and the judges, prosecutors and other staff would be international.