Who is responsible for the protection of human rights in Kosovo?

Abstract

Human rights are central in the international community’s missions in Kosovo. Moreover, Kosovo’s 2008 Constitution lists eight directly applicable human rights instruments, along with detailed instructions on how they are to be interpreted in line with developments at the European Court of Human Rights (ECtHR). And yet, human rights protection is lacking in the region. Potential violations attributable to the local authorities can be adjudicated, but only through the national courts, which raises questions of independence and impartiality. Meanwhile, NATO’s Kosovo Force (KFOR) and the European Union’s Rule of Law Programme (EULEX) enjoy immunity against prosecution by the domestic courts while still wielding some executive and judicial power. EULEX has an internal human rights panel, modelled on the less-than-successful panel established to hold the UN’s Mission in Kosovo (UNMIK) accountable, while KFOR has no similar judicial body. This article maps which options individuals have for addressing human rights violations in Kosovo and where the system still has its weaknesses. Additionally, it traces how the jurisdictions have changed in the past 15 years and proposes a way forward to fill the lacunae that remains.