Kosovo assembly limits war crimes court powers in deal tied to presidential election

Kosovo's National Assembly passed two consequential measures during a single session that concluded in the early hours of 8 October 2026. In a second reading held on 6 October, the Assembly adopted amendments to the Law on the Specialist Chambers and the Specialist Prosecutor's Office, the statute governing the war crimes court based in The Hague that holds jurisdiction over alleged offences by former members of the Kosovo Liberation Army. The Assembly then elected Justina Shiroka-Pula as the country's new head of state, with 81 votes in the 120-member chamber, averting a constitutional deadline that would have forced early parliamentary elections. Euronews reported that the two votes were explicitly linked: the Democratic Party of Kosovo, led by Bedri Hamza, provided the cross-party support necessary to reach the 81-vote threshold in exchange for passage of the Specialist Chambers amendments. Thousands of protesters had gathered outside the Assembly in the preceding days demanding the passage of legislation limiting the court's powers.

What the amendments change

The amendments alter the Specialist Chambers' mandate in five respects. Temporal jurisdiction is restricted to criminal acts committed between 1 July 1999 and 31 December 2000, narrowing the window from the broader mandate under which the court had previously operated. A maximum custodial sentence of 15 years is introduced; the Specialist Chambers had issued sentences above that threshold in proceedings involving former senior KLA figures, including the conviction of former president Hashim Thaçi, whose trial drew wide public attention in Kosovo. Persons convicted by the Chambers may serve their sentences in Kosovo rather than in third countries under enforcement agreements, reversing the established arrangement. The Kosovo Supreme Court is empowered to entertain appeals on jurisdictional grounds. A presidential pardon of persons convicted by the Chambers becomes possible under domestic law. European Western Balkans reported that the text was adopted under an accelerated procedure in the second reading.

The Specialist Chambers were established following a 2010 Council of Europe report by Swiss senator Dick Marty, which documented alleged post-conflict abuses by KLA figures, and the court formally opened proceedings in 2017 under legislation enacted by Kosovo's Assembly and grounded in the country's Constitution. The institutional basis includes an exchange of letters between Pristina and the EU that form part of Kosovo's European integration framework and of its Stabilisation and Association Agreement obligations.

EU and allied reaction

The European External Action Service responded publicly on 8 October. EU spokesperson Christian Wigand stated that the amendments 'run counter to Kosovo's international obligations toward the EU' and called on Pristina to comply with its international commitments and preserve the independence of the Specialist Chambers. Wigand stressed the need to 'ensure accountability and justice for victims and their families from all communities in Kosovo' and noted that the Chambers are 'delivering justice based on the principle of individual criminal responsibility.' He also clarified that the EU had withheld comment during the draft stages, restricting its formal response to the final enacted legislation. No specific consequences for Kosovo's EU accession track were announced alongside the statement.

Germany's embassy in Pristina issued a parallel statement. Spokeswoman Cataline Heine said the embassy was 'deeply concerned' and emphasised that the Specialist Chambers 'are an independent judicial institution and were founded under Kosovo law and supported in the Kosovo Constitution.' The German embassy aligned fully with the EU's position that the amendments conflict with Kosovo's international commitments and called on Pristina to uphold judicial independence. No statement from the United States on the amendments had been reported publicly by 9 October.

Implications for Kosovo's EU integration

Kosovo received EU candidate country status in December 2022 and formally opened accession negotiations in 2024. The European Commission's annual progress reports on Kosovo assess rule of law and adherence to international obligations as core benchmarks, and the adopted amendments engage both categories directly. The EEAS objection rests on the premise that Kosovo has unilaterally altered the operating terms of an EU-endorsed judicial institution without EU consent; that characterisation, using the phrase 'international obligations toward the EU,' frames the action as a treaty-level concern rather than a domestic legislative prerogative. No accession chapter has been formally suspended as of 9 October, and the Commission had not issued a separate response beyond Wigand's statement.

The episode arrives as Montenegro — which targets completion of all 33 negotiating chapters by end-2026 and membership by 2028 — and Albania, which entered the concluding phase of accession talks in May 2026, each operate under rule-of-law and institutional-independence benchmarks of their own. The Kosovo Assembly's action converts an internationally mandated institution into a domestic political variable and demonstrates that the current EU enlargement framework has limited immediate instruments to respond when a candidate government does so. The gap between the EEAS's formal characterisation of the amendments as an obligations breach and the absence of announced consequences is the structural tension that the episode leaves unresolved.

Sources

• Euronews — Kosovo lawmakers elect Justina Shiroka-Pula as president in late-night vote to avert snap election
• European Western Balkans — Justina Shiroka-Pula elected President of Kosovo by Parliament
• European Western Balkans — Amendments to the Law on Specialist Chambers go against Kosovo's international obligations to the EU
• ABC News (AP) — Kosovo lawmakers elect a new president in a late-night vote to avert snap election
• Albeu.com — EU calls for full respect of the current mandate of the Specialist Chambers
• Kosovarja — The German Embassy 'deeply concerned' following amendments to the Law for Special Court
• Balkan Insight — Justina Shiroka Pula, Another Woman at Kosovo's Helm
• Euronews Albania — EU Criticises Amendments to Kosovo Specialist Chambers Law: They Contravene International Obligations