Report on the Work of the IJPC

<strong>Report</strong> on the Work of Kosovo’sIndependent Judicial and Prosecutorial CommissionBy Timothy Baland and Keith N. WoodOctober 29, 2010I. Executive SummaryThe recently completed merit-based process for the appointment of judges and prosecutors inKosovo, undertaken by the Independent Judicial and Prosecutorial Commission (IJPC), andconducted in accordance with European Commission standards, confirms a willingness of theinternational and national communities to confront the challenges for judicial reform in Kosovo.The need for judicial reform in this newly developing country is widely recognized, and thecompletion of the IJPC appointment process is a welcome milestone in the ongoing reformefforts.Within a few months after the establishment of the United Nations Mission in Kosovo in June of1999, UNMIK proceeded to appoint national judges and prosecutors. However, in the absence ofadequate time and resources to conduct a thorough vetting procedure, a satisfactory evaluation ofthe competence and character of the appointees was not possible at that time. Dissatisfactionwith the growing case backlog, claims of corruption and favoritism, and general incompetencewithin the court system underscored the need for an internationally-led vetting and appointmentprocedure.The law which created the IJPC envisioned a truly independent commission, free from politicalor other outside interference. Rules of procedure and operational methodologies adopted by theCommission allowed that goal to be accomplished. The 334 judges and prosecutors who wereappointed were carefully scrutinized and rated against each other, resulting in selection of thebest qualified applicant for every position. Sixty (60%) of the positions were filled by newoccupants. This represents a major transformation of the judicial system in Kosovo.Funded by the European Union and the Government of USA.