New Court Faces Old Problems in Protecting Kosovo Witnesses

Trendafilova urged European nations to consider "comprehensive cooperation agreements" so witnesses and their families can be relocated to Western Europe.

"Without these agreements, it will be very difficult if not impossible in some cases to ensure that testimony can be given freely and without any fear," she said.

The Special Court declined to discuss whether securing such cooperation agreements that could see witnesses relocated is still a challenge.

"Concerning the agreements with EU countries, we cannot comment on operational matters," said Angela Griep, a spokesperson for the Specialist Chambers.

However, she has reiterated that "witness protection and support is of the utmost priority for the Kosovo Specialist Chambers and the Specialist Prosecutor's Office".

'Witnesses' doubts will increase'

Tens of thousands of Kosovo Albanians protested in Pristina in November 2004 against the trial of former KLA guerrillas in The Hague. Photo: EPA/VALDRIN XHEMAJ.

Due to the time that has elapsed since the crimes and the paucity of material evidence, prosecutors will rely heavily on eyewitnesses. Many are believed to have already relocated outside of Kosovo and some will have been given new identities.

Witness protection and relocation was one of the key reasons why the Specialist Chambers was established outside Kosovo and staffed by internationals, although it is part of Kosovo's justice system. Previous trials of KLA ex-guerrillas both inside Kosovo and at the UN's International Criminal Tribunal for the Former Yugoslavia have been marred by the intimidation of witnesses.

In some cases, even after they were relocated, they were approached by relatives or others trying to convince...