This Opinion analyzes the potential consequences should Kosovo refuse to establish a specialized chambers and special prosecution to address the allegations that are the subject of the potential Special Investigative Task Force indictments. In this discussion, we will refer to this mechanism by using the more general term, “special court.” Our organization does not seek to lobby for the passage of the draft law on the special court or to make any opinion regarding the fairness to the Kosovo people in creating this court. There is no solution for Kosovo but to establish, or refuse to establish the court and we recognize that Kosovo has the ability to determine its own course of action in this matter.
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