Acceptance of International Criminal Justice through Fragmented Domestication: The Case of Kosovo

About
The chapter explores different dimensions of acceptance of international criminal law in Kosovo. While Kosovo cannot ratify the Rome Statute, as it is not a fully recognized State, it has however included substantial international criminal justice provisions into its domestic law. This chapter seeks to understand whether this legal acceptance was the actual intention of the various actors involved in the process, i.e. whether they were fully aware of the scope of their actions. Based on interviews with local politicians and legal professionals directly involved in the domestication process, the chapter argues that the actors involved do not consciously accept international criminal justice, even though they contributed to the domestication process. The chapter describes that, as the process of domestication was fragmented, there was no ‘main’ decision to accept international justice. Rather, various actors contributed to the process based on different intentions. The chapter further discusses how (the lack of) knowledge on international criminal justice could influence the acceptance of the actors involved.