Justice in the Balance: What a Trump Return Could Mean for the Kosovo Specialist Chambers

With the U.S. presidential election approaching, the possibility of Donald Trump returning to the White House raises new questions for international justice , including the future of the Kosovo Specialist Chambers (KSC) in The Hague. The institution, tasked with prosecuting war crimes committed by former members of the Kosovo Liberation Army (KLA), relies heavily on international cooperation and political support. A shift in U.S. policy could reshape its ability to function.

A Troubled History Between Trump and International Courts

Trump has long positioned himself against international judicial scrutiny. In 2020, after the International Criminal Court (ICC) opened investigations into alleged U.S. war crimes in Afghanistan, he signed an executive order imposing sanctions on ICC officials. Assets were frozen, travel was restricted, and American citizens were barred from providing financial support to the court. Secretary of State Mike Pompeo condemned the ICC as a “biased court,” while Attorney General William Barr described the move as necessary to protect U.S. personnel.

This stance reflects a broader philosophy: rejecting any institution with the power to investigate or constrain the United States. If revived in a second Trump administration, such a policy could affect courts far beyond the ICC,  including the KSC.

Why the KSC Needs International Support

The KSC was created to prosecute crimes committed during the 1998–1999 conflict in Kosovo, where ethnic Albanian separatists fought Serbian forces and the Yugoslav state. Today, former Kosovo President Hashim Thaçi and three other senior KLA figures are on trial.

Although based in The Hague, the court operates independently from the Dutch and Kosovo legal systems. Its credibility rests on strong witness protection, international funding, and political backing from states including the United States.

Historically, Washington has played a key role: providing resources for witness security, supporting the court diplomatically, and pressuring local actors not to obstruct proceedings. A renewed Trump presidency could weaken that support.

The Risk of Renewed Disengagement

During Trump’s first term, U.S. diplomacy in the Balkans focused on brokering economic agreements between Serbia and Kosovo, led by envoy Richard Grenell. These talks largely sidelined war crimes accountability, undermining efforts to reinforce the KSC’s legitimacy.

“If Trump returns, that trend could continue,” says Chris Bennett, spokesperson for the Specialist Prosecutor’s Office. “The challenge is real, but not necessarily greater than what we faced during Brexit.”

Brexit’s Impact: A Warning Sign

Brexit dealt a significant blow to the KSC. The departure of British judges and staff removed seasoned judicial experts from the institution, and the loss of UK contributions weakened its funding base.
“We had to replace a lot of staff with a huge amount of experience,” Bennett recalls. The restructuring strained operations and increased perceptions in Kosovo that the institution represents “imposed European justice,” complicating local cooperation.

Can the KSC Withstand Another Political Shock?

Despite these challenges, the court has continued to function, backed by strong EU support and other international donors. Bennett remains cautiously optimistic: “The KSC will survive it,” he says of the possibility of a Trump return, “but, as with many EU and NATO programs, U.S. disengagement would still pose difficulties.”

The court’s future now depends on its ability to maintain international alliances and build trust with communities in Kosovo, while navigating the geopolitical shifts that lie ahead.