International Center for Transitional Justice (ICTJ)

This case study seeks to provide basic information and policy analysis on the deployment of international judges and prosecutors in Kosovo, a program that was established under the UN Mission in Kosovo (UNMIK) in 1999. It is part of a series that aims to provide information and analysis on policy and practical issues facing hybrid courts. In Kosovo, hybrid courts were established when international capacity was injected into the domestic legal system. The lessons that can be drawn from this experience are divided into the following areas:
• A brief history of the conflict in Kosovo
• Background to the establishment of the international judges and prosecutors (IJP) program
• A description of the IJP program
• Prosecutorial strategy and case selection
• Legal framework
• Court administration and witness protection
• Cost and efficiency
• Relationship with the International Criminal Tribunal for the former Yugoslavia and other transitional justice mechanisms
• Outreach, public perceptions, and ownership
• Exit strategy and legacy
The purpose of this case study is to provide basic information, some of which is still not widely available, on these areas to guide policymakers and stakeholders in establishing and implementing similar mechanisms. Similar case studies have been developed on Sierra Leone and Timor-Leste.

Postconflict societies are characterized by lack of the rule of law, past and present gross human rights violations, impunity, and economic devastation and decay. In response to past human rights violations, a variety of measures have been developed, including prosecutions at both international and domestic levels, truth commissions, and reparations for victims. All these options need strong institutions. In postconflict and post-authoritarian societies, this often requires reforming or rebuilding the judicial system and its supporting services. This paper draws connections between judicial reform, transitional justice, and development in transitional contexts.

Transitional justice is often pursued in contexts where people have been forced from their homes and communities by human rights violations and have suffered additional abuses while displaced. Yet little attention has been paid to how transitional justice measures can be used to address the wide range of injustices associated with displacement and thereby serve as part of a comprehensive approach to the resolution of displacement. This report provides an overview of the relationship between transitional justice and displacement and offers specific guidance to policymakers and practitioners in the numerous fields that share a concern with displacement, including transitional justice, humanitarianism, peacebuilding, and development. Displaced persons often have a critical stake in transitional justice processes, which have the potential to contribute positively to efforts to uphold their rights and well-being. When displacement is linked to large-scale human rights violations, the concerns of refugees and internally displaced persons (IDPs) should be incorporated in appropriate ways into transitional justice efforts. At the same time, responses to the problem of displacement should integrate transitional justice measures.