Legal issues experts in Kosovo have different views as far as the possibility of Special Court establishment by the UN Security Council is concerned.

If Kosovo does not establish the Special Court itself, it will be done by the UN Security Council. This is the most common threat coming from the international community and used by Kosovo government for the establishment of the court. However, legal issues experts in Kosovo have different views as far as the possibility of Special Court establishment by the UN Security Council is concerned.
Constitutional law professor Mazllum Baraliu thinks the establishment of Special Court by the UN Security Council is impossible. Baraliu argues that if it acts rationaly, the UN Security Council would be unable to establish such a court and has no interest to commence such an adventure. There are three reasons for that, according to Baraliu.
‘Firstly, Kosovo is not a UN member. Secondly, resolution 1244 has surpassed. In this case, any undertaken action by the UNSC would neither have an object nor subject and it would create a boomerang situation for the UN,’ he notes in an interview for Radio Kosova.
However, Afrim Hoti, an International law professor, thinks differently. He says the UN Security Council’s could establish the Special Court if Kosovo insisted on not losing United States and United Kingdom support, which could use their veto in the SC voting.
“I think that such a tribunal could be established based on the constellation of international legal acts in force that are functional in Kosovo and I think the establishment of the special court by the UN isquite realistic, “Hoti said.