Kosovo-Serbia Deal Must Ensure War Suspects Face Trial

Roughly two years ago, officials confirmed arrest warrants for 57 Serbs suspected to have been involved in crimes committed in places like Djakovica/Gjakova, Cuska, Pavljan, Zahac and Ljubenic; in the case of the three murdered Bytyqi brothers; and the infamous 'refrigerator trucks' massacre cover-up scheme.

But increasingly, these words and actions risk becoming worthless as the EU, especially, has quietly and conveniently ignored perhaps the thorniest issue that could be raised during the dialogue aside from recognition of Kosovo itself - each country prosecuting the other country's political elite.

Kosovo prosecutors need certain treaties with Serbia to extradite suspects from Serbia and to obtain access to evidence and witnesses located in Serbia. But Serbia doesn't recognise Kosovo, so these bilateral agreements don't exist. Serbia also needs such commitments from Kosovo.

To date, requests for prosecutorial assistance or extradition have been brokered solely through EULEX and UNMIK, the EU- and UN-created mechanisms that have helped govern Kosovo since the end of the war. But this set-up is clumsy and increasingly toothless. Neither is meant as a permanent institution.

The special court for war crimes committed by Serbian nationals that Kosovo leaders recently proposed should be seriously considered and might fill some of this void. But it wouldn't address the commonplace requests for assistance in cases that don't involve war crimes or for which the application of international humanitarian law are more difficult to prove.

Without a bilateral extradition agreement, each country will have perhaps insurmountable legal and political problems with honouring the other country's extradition requests. This will remain true even if...