Trials in Absentia for War Crimes in Kosovo: Accountability, Fair Trial Guarantees, and European Human Rights Standards

Abstract

The pursuit of justice for war crimes in the Western Balkans, particularly Kosovo remains riddled with complex challenges, reflective of broader tensions between peace, accountability, and the protection of fundamental rights. While political agreements can end hostilities, true reconciliation depends on the delivery of credible criminal justice—particularly in the context of post-conflict societies. One of the most contentious tools in this process is the use of trials in absentia, whereby proceedings continue despite the accused’s absence. Although such trials are a pragmatic response to the realities of non-cooperation, cross-border fugitives, and impunity, they raise significant concerns regarding the right to a fair trial, the effectiveness of accountability mechanisms, and, most critically, the compatibility of these proceedings with international human rights standards as established in instruments such as the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). This article focuses on the situation in Kosovo as an example within the Western Balkans, where post-conflict justice mechanisms and trials in absentia have become particularly relevant. The article examines these legal and ethical dilemmas, interrogating whether in absentia trials can deliver justice without sacrificing fundamental due process guarantees or undermining the legitimacy of the rule of law in the region.