Going Back to The Hague
Kovoso Specialist Chambers and the International Criminal Court
Traveling on the train to The Hague
Kosovo Specialist Chambers
Intro
On Wednesday, May 22, 2024, we all rode the train from Amsterdam back to The Hague to visit the Kosovo Specialist chambers. Kosovo Specialist Chambers, or KSC, is a special prosecutor's office specifically for crimes committed during the Kosovo conflict from 1998 to 2000. When going into KSC, we had to present our passports and go through elaborate security. Our bags were checked and we had to lock things in lockers in order to go into the room. We weren’t allowed to bring anything we could write on into the room. Once we put all our things in lockers we went to a room with a lady who works closely with the cases in the KSC and another group of students listened in with us. She discussed what KSC is and the history behind the KSC.
What is Kosovo Specialist Chambers
Kosovo Specialist Chambers is a court to convict people of crimes that happened during the Kosovo conflict. We can’t understand KSC without knowing the history of the Kosovo conflict. Starting January 1st, 1998 and ending December 31st, 2000. During this time many crimes against humanity, war crimes, and other crimes in Kosovo were committed. After the conflict, these people were not convicted of any of those crimes. In the aftermath of the conflict reports of these crimes were told to the Council of Europe Parliamentary Assembly Report. The KSC takes these people to court to convict these people of their crimes. In September of 2016, KSC was established.
How it Works
How KSC works is when the trial begins with 3 judges. Once the trial begins a prosecutor calls witnesses and shows the evidence, then the witnesses go to the stand. Some witnesses are known, but some witnesses remain anonymous. Lawyers, Victims Counsel and Judges question the witnesses. Once they are done questioning the witness, the defense lawyers call their witnesses and show their evidence. The defense witnesses are questioned. Closing statements are made next and then the judges decide if the prosecutors proved beyond reasonable doubt that the accused committed the crime or crimes. If judges decide that they are guilty then the Trial Panel gives them a sentence.
Importance
The importance of KSC is for justice against people who committed crimes against humanity, war crimes, and many other crimes. This was an interesting talk to go to. I am not a criminal justice major and I have little to no knowledge of the court systems, especially of other countries. However, this taught me a little bit more about how another country deals with and addresses crime during and after conflicts. Even though it is 2024, they are still holding people accountable for their actions. I think that it is fascinating that Europe stepped in and is holding another country and people accountable for their actions. What I found most interesting was that they made a court specifically for one conflict. What surprised me most was that the conflict was in such a short time period, yet they needed a special court for all the crimes committed. There must have been a lot of horrid crimes for there to be a specific court made to convict these criminals.
Heading to the International Criminal Court!
International Criminal Court
Intro
While in The Hague, we also went to the International Criminal Court. The International Criminal Court, also known as the ICC, is an international organization for international criminals. When going into the ICC, we had to go through all the same precautions as the KSC. We had to show our passports, go through security, and lock our things in lockers. The first thing we did when the tour started was look into the courtroom. There was a case that was going on earlier that morning, but we missed it by a couple hours. After looking and learning about the courtroom, we went to a lecture room and looked through a powerpoint. There were a lot more people on this tour than the KSC visit. The lecture taught us about the ICC and what they do there.
What is it?
The International Criminal Court is an organization that brings to court people who committed serious crimes against those that involve the international community. The ICC will being to court cases involving genocide, war crimes, crimes against humanity, and other major crimes. One thing that was noted during the lecture we went to was that the crimes had to occur after July 1st, 2002, the date of the ICC’s establishment. If a new country joins the ICC, then they cannot bring to court their crimes before the date they joined. The ICC will take on cases that a national justice system does not carry out genuinely or not carried out at all. The ICC has a principle of complementary, meaning they want to compliment the justice system, not get in the way or take it down.
Who is in Charge?
The International Criminal Court has 18 judges and these 18 Judges elect a president and two vice presidents. The President’s responsibilities include making sure that everything in the court is going smoothly and they work with the Office of the Prosecutor on mutual worries. The current president is Judge Tomoko Akane.The Judge's job is to make sure the trials are fair. The 18 judges are made into three sections; Pre-Trial, Trial, and Appeals. These judges are chosen from The Assembly of States Parties for their knowledge of the justice system, criminal law, and international law. The last part of the court I wanted to focus on was The Office of the Prosecutor, or OTP, this office is overseen by the prosecutor. The OTP looks over cases to see if there is need for investigation, conducts investigations, and prosecutes crimes. There are other parts to the ICC system, but these are the main three.
Importance
The International Criminal Court is an organization that relies on accountability and honesty. If a criminal that has a warrant for arrest is in another country that is in the ICC, they are expected to report or find and arrest that person. The ICC is trying to hold powerful people accountable in the countries that are involved in the ICC. There are 124 countries involved in the ICC. These countries are from all over the world, including but not limited to Africa, Eastern Europe, Latin America, Asia-Pacific, the Caribbean, Western Europe, and a few other states.
Facts and Figures
In the lecture, we learned some numbers about the International Criminal Court. Some of the most interesting stats we learned about had to do with cases and arrests throughout the years and currently. There are (as of March 2024) twelve investigations being looked at by the Office of the Prosecutor. Another interesting fact is that there have been 31 cases that were brought to court, and in 10 of those cases, the people were convicted of their crimes. Lastly, they have (as of March 2024) 5 people in custody. This court is never done working, the ICC is either looking for the people they need to arrest, investigating, or bringing people to court.
Conclusion
What I found most interesting about the International Criminal Court is that the United States isn't involved. The United States is proud to have checks and balances in our government, and the ICC is a form of checks and balances on corrupt, powerful governmental figures. The United States doesn’t quite fit all the requirements to be in the ICC, so we have never and will never be part of the International Criminal Court. Learning about the ICC was more interesting than KSC, however, I see the importance of both courts and they both want the same things, justice.
