Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo betreffende de vestiging van de Kosovo Relocated Specialist Judicial Institution in Nederland

The Kingdom of the Netherlands and the Republic of Kosovo,

Referring to the Constitution of the Republic of Kosovo, as amended by Amendment No. 24 of 3 August 2015, Article 162, authorizing the establishment of Specialist Chambers and a Specialist Prosecutor’s Office in order to comply with the international obligations of the Republic of Kosovo in relation to the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011;

Referring to the exchange of letters between the President of the Republic of Kosovo and the High Representative of the European Union for Foreign Affairs and Security Policy dated 14 April 2014, ratified by Kosovo Law No. 04/L-274 of 15 May 2014, containing the commitment of the Republic of Kosovo to establish Specialist Chambers and a Specialist Prosecutor’s Office within the Kosovo judicial system to be used for trial and appellate proceedings arising from the investigation of the Special Investigative Task Force of the Special Prosecution Office of the Republic of Kosovo related to the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011 and which may be relocated to a third State subject to the conclusion of a Host State Agreement with the Host State;

Referring to Kosovo Law No. 05/L-053 on Specialist Chambers and Specialist Prosecutor’s Office establishing the Specialist Chambers within the Kosovo justice system and the Specialist Prosecutor’s Office to fulfil Kosovo’s international obligations undertaken in Law No. 04/L-274 in relation to allegations of certain crimes reported in the Council of Europe Parliamentary Assembly Report Doc 12462 of 7 January 2011 and which have been the subject of criminal investigation by the Special Investigative Task Force of the Special Prosecution Office of the Republic of Kosovo;

Referring to the Interim Agreement between the Kingdom of the Netherlands and the Republic of Kosovo concerning the Hosting of the Kosovo Relocated Specialist Judicial Institution in the Netherlands of 26 January 2016;

Wishing to conclude an agreement on the hosting of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office to ensure the smooth and efficient functioning of the Kosovo Specialist Chambers and Specialist Prosecutor’s Office in the Netherlands;