Institutional Visit to the Hague: Kosovo Specialist Chambers and International Criminal Court
Living and studying in the Netherlands gives ELSA Members an invaluable opportunity to explore several international institutions and tribunals present in the country, including the International Criminal Court (ICC) and the Kosovo Specialist Chambers (KSC) in The Hague, which members of ELSA The Netherlands visited at the beginning of November 2023.
The first institution we visited was the KSC, where we attended a presentation by professionals working at the Chambers, with an overview of the history of the Court, which is a temporary judicial institution with a specific mandate, whose jurisdiction includes crimes against humanity and war crimes committed in Kosovo between 1 January 1998 and 31 December 2000, as well as crimes against the administration of justice (such as witness intimidation). Besides discovering the work of the KSC, we touched upon the state of Kosovo, and its current situation regarding its international recognition, since five EU Member States have not recognized its independence. Nonetheless, the KSC is funded by the EU and five contributing states - Canada, Norway, Switzerland, Turkey, and the US.
When learning about the work of the Court, we found out that it must take all necessary measures to ensure fairness and security for both the parties involved in the trials and its staff. For this reason, the staff is composed entirely of foreigners, to ensure their neutrality and safety. Additionally, there are protective measures for witnesses and victims participating in the proceedings, such as pseudonyms, voice or facial distortion, and the presence of a psychologist or family member during the testimony of vulnerable witnesses.
The second stop was at the ICC: here, participants were able to enter the visitor's area of the courtroom, where they delved into the court proceeding stage at the ICC, including the roles of the prosecutor, defence, witnesses, and judges. Through a presentation made by an expert working for the Prosecutor's office, we had the chance to learn about the Court’s work, current developments, and past cases that have shaped the international legal framework.
The paths of the ICC and of ELSA have crossed many more times before this visit, including at the very beginning of the ICC: before its establishment, the UN set up a Preparatory Committee (called PrepCom) in Rome, where numerous non-governmental organisations (NGOs), including ELSA, were present. A delegation of about forty students representing ELSA participated in the sessions, representing the interests of law students and young lawyers around Europe, and calling attention to their ideas, concerns, and proposals. This delegation acted with the support of ELSA local groups, present in many capitals around Europe, including the Brussels headquarters. Therefore, the role of the ELSA representatives who actively participated in the negotiations was essential to the establishment of the ICC and helped shape the Court we know today.
To conclude the day, we had a social event where the members of the local groups were able to socialize, meet members of the Dutch board, and explore the beautiful city of The Hague, before heading back to their universities, feeling inspired to continue on their legal path, focused on Dutch, European, International, or Global law.
