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First EU Kosovo trial blocked by Serbian protesters

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] More than 100 Serbian judges, prosecutors, and legal professionals prevented the opening of the first EU-backed trial in Kosovo by protesting in front of the Mitrovica court house Monday. A panel of three judges had been set to preside over a criminal case involving two Serbian defendants. As Serbia and Kosovo's Serbian population have refused to accept Kosovo's independence, the demonstration was intended to bar the EU from holding trial in Kosovo except under UN laws. The trial court was established by European Union Rule of Law Mission in Kosovo (EULEX), an EU mission designed to guide Kosovo toward independence in accordance with the Rule of Law. Citing security concerns, the court has not yet rescheduled the trial. The EULEX formally began operations in December. Kosovo controversially seceded from Serbia in February 2008, and its new constitution went into effect in June. Kosovo's Declaration of Independence from Serbia was met with support from the EU, the US, and from many other countries. Serbia formally condemned the secession, citing its illegality under UN Security Council Resolution 1244 (1999). In response to the issuance of Kosovo's Declaration of Independence last March, violent protests in front of the Mitrovica courthouse led to a period of military law in the country.

Full post as published by JURIST - The Paper Chase on March 03, 2009 (boomark / email).