On April 6, 2023, in the court session in the case Prosecutor against Salih Mustafa, the Trial Panel of the Kosovo Specialist Chambers (KSC) issued a court reparation order for the victims of war crimes, a few months after the announcement of the conviction judgment in the first instance.
The Humanitarian Law Center of Kosovo (HLCK) finds this order as a significant step forward in the realization of victims’ rights to compensation. Verdicts issued by domestic or international courts that establish crimes against victims of war crimes set the legal conditions for filing compensation claims. Compensation procedures for victims of crime may be conducted during criminal proceedings or be forwarded to civil litigation. Although, this order is unique to date, and based on the legislation of Kosovo, it should serve as a positive example for past and future judicial proceedings to fulfill the right to compensation for victims of war crimes, and that right should be effective and within a reasonable time. Furthermore, the exercise of the right to reparation (compensation) is a vital component of transitional justice, recognizing victims’ losses and contributing to the restoration of their dignity.
Kosovo’s judicial and executive institutions must address this issue seriously. Kosovo’s courts must pay particular attention to compensation in criminal proceedings and civil litigation to ensure that victims of war crimes realize their right to compensation. Meanwhile, the Government of Kosovo must establish adequate legislation and functional mechanisms to ensure the realization of compensation for victims of war crimes confirmed by final decisions (res judicata) since the end of the war.
