Aug 06, 2015

Kosova: Parliament Approves War Crimes Court


On 4 August 2015, the Kosovo Parliament approved the creation of a war crimes court through an amendment to the country’s constitution. The court will be made up of international judges and based in The Hague. It is hoped that it would allow for reconciliation processes to take place after the Balkan wars of the 1990’s.

Below is an article by The New York Times:

 

The Kosovo Parliament has amended the country’s Constitution to allow for the creation of a war crimes court, which is expected to try ethnic Albanians accused of war crimes.

The move is viewed by many world powers, including the United States and the European Union, as a vital prerequisite for regional reconciliation in the aftermath of the bloody Balkan wars of the 1990s.

The 120-seat Parliament approved the constitutional changes by a vote of 82 to 5 on Monday, Petrit Selimi, the deputy foreign minister, said in a phone interview on Tuesday. The vote is a milestone in Kosovo, where opposition to the creation of the court has been robust.

The court, which is to be made up of international judges and based in The Hague, is expected to hear war crimes cases, including accusations of organ harvesting committed against Serbs. Ethnic Albanians who oppose the court contend that it threatens to unfairly challenge the longstanding view of the 1998-99 Kosovo war and turn victims into perpetrators. Opposition politicians boycotted the vote.

Ramush Haradinaj, a former guerrilla leader of the Kosovo Liberation Army and former prime minister of Kosovo who now leads the opposition Alliance for the Future of Kosovo, said the court would be detrimental to the country’s image. “By approving this court, we are turning ourselves into a monster,” he was quoted as saying by Reuters. “During the war, we were not monsters; we were victims.”

Prosecutors in Serbia are investigating Mr. Haradinaj on war crimes allegations; he has rejected the accusations.

But Mr. Selimi hailed the vote as “overwhelming” despite the loud opposition in Parliament, and said: “The creation of the court is a necessary tool for Kosovars for the truth about our war for freedom. Perpetrators can never be equal with victims. Our war for freedom was not equal to Milosevic’s drive for genocide.”

Kosovo declared independence from Serbia on Feb. 17, 2008, almost a decade after NATO bombs helped push out Slobodan Milosevic, the former leader of Serbia, ending a brutal civil war against the ethnic Albanian majority in Kosovo. But attempts to come to terms with the past on both sides have been undermined by accusations that leading members of the Kosovo Liberation Army have evaded justice.

Marko Djuric, the director of the Serbian government’s Office for Kosovo, was quoted as saying by B92, an independent Serbian broadcaster, that the vote by Parliament was only a first step. “We cannot be satisfied until those who have committed crimes have been punished,” he said.

In July 2014, Clint Williamson, an American diplomat who led a special European Union task force charged with investigating war crimes, said senior members of the Kosovo Liberation Army engaged in a campaign of persecution against ethnic Serbs after the 1998-99 Kosovo war.

He said senior officials of the guerrilla group had intentionally targeted minority populations with acts of persecution that included “unlawful killings, abductions, enforced disappearances, illegal detentions in camps in Kosovo and Albania, sexual violence, other forms of inhumane treatment, forced displacements of individuals from their homes and communities, and desecration and destruction of churches and other religious sites.”

He said the evidence suggested that the guerrilla group had targeted people after the war to harvest and sell their organs.

The task force was set up in September 2011 after a Council of Europe report accused Kosovo’s former prime minister, Hashim Thaci — the former commander of the Kosovo Liberation Army, who is now the country’s foreign minister — of having led a group that smuggled human organs, weapons and heroin during and after the war.

Mr. Thaci has denied the accusations.