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Following NATO’s military intervention and a very wide-ranging UN peacekeeping mission, Kosovo is today the site of the largest civilian mission of the European Union. In the aftermath of the armed conflict of 1998–9 which was fought along ethnic lines and led to mass atrocities and to the destruction of more than half of the available housing stock, the UN set up a quasi-judicial, administrative mechanism to “resolve” property issues, which was called the Kosovo Property Agency (KPA). Staffed predominantly by Kosovo Albanian national legal professionals and a few international jurists, the KPA was entrusted to deal with war-related property claims submitted overwhelmingly by Kosovo Serbs. Relatively powerless and underfunded, the KPA is a paradigmatic example of a contemporary transitional justice mechanism that is understood as a short-term, bridging, technical-legal project rather than a national process of righting past wrongs. Under the increasing neoliberal managerialism of rule of law as a tool of good governance, the KPA was organized as a mass claims procedure. To “streamline” the process and allow for the “quick” and “efficient” resolution of claims, it used data-processing technologies, and decisions were issued in batches of claims of similar legal scenarios. This chapter conceptualizes the work of the KPA as “law-washing” within the post-cold war juristocratic phase of international intervention and international law more generally. The chapter understands juristocracy in a broad sense, as a diffuse and transhistorical moment in which law is used in often fetishistic, instrumental ways to tackle a range of social and political issues previously not conceived as legal issues. Engaging with law’s “dialectics of reckoning” means analytically making sense of moments (that we may choose to call “juristocratic”) of simultaneous hope in law’s potential to propel the currents of social justice and cynicism and disenchantment about law’s incapacity to “solve” issues beyond law (if at all).
This chapter looks at the modalities through which impartiality can be guaranteed in a context as fraught and highly politicized as post-war Kosovo, and explores how impartiality is produced in the everyday at the Kosovo Property Agency (KPA). The KPA is a quasi-judicial institution put in place by the United Nations Interim Administration Mission in Kosovo (UNMIK) to ‘resolve’ war-related property claims and thereby restitute property rights to, for a great majority of claims, Kosovo Serbian ‘displaced persons’. The chapter argues that impartiality is produced and made possible by different, seemingly contradictory repertoires of justice that are acted out in everyday practice by the national lawyers of the agency. It probes the tenets of the dialectic between ‘global’ ideals and ‘local’ practice, and ethnographically demonstrates the limits of an anthropology of human rights that sees vernacularization and meaning-making as the only analytical tools available. The chapter shows that, in the specific political landscape of post-war Kosovo, it is the ‘nationalistic bias’ of Kosovo Albanian lawyers that ensures due diligence and respect for rule of law principles.
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