Nevenka Tromp, a scholar, professor, author, and former investigator for the International Criminal Tribunal for the former Yugoslavia (ICTY), has criticized the guilty verdict of the Specialist Chambers against Hashim Thaçi, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi.
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In an interview with KosovaPress, given one day after the verdict was announced, she addressed both the human aspect of the sentences and the political consequences the judgment might bring.
In the conversation with journalist Besart Maloku, Tromp also spoke about Thaçi’s role in establishing the Specialist Chambers, his cooperation with the justice system, the possibility that Serbia might exploit the verdict, the appeal procedure, and other issues.
Tromp chose to start the analysis from the personal experience of the four convicts, emphasizing that justice must first be assessed through its impact on individuals.
According to her, the moment of reading the verdict and pronouncing the sentences must have been extremely difficult for the four defendants, who sat and listened to the decision. She said that attention must always return to the human dimension, even though public discussion is now focused on the impact on Kosovo and relations with Serbia. In essence, Tromp added, justice must be seen first and foremost in relation to the individual.
She recalled that three of them were students when they interrupted their ordinary lives and decided to join the war. Tromp stressed that they also came from abroad to fight not only for the country, but also for their sisters, brothers, mothers, and wives, even though they could have returned and chosen another path.
According to her, they fought on the front line and, with the support of NATO countries, won the war. After it ended, they continued to work for Kosovo’s statehood, while now they are paying the price for decisions they made in their twenties. Tromp said that their entire lives were dedicated to a great cause and that they made great sacrifices in relation to their families and children.
She pointed out that the 25-year prison sentence for Hashim Thaçi and Jakup Krasniqi, who is slightly older than the others, constitutes de facto life imprisonment.
Tromp also criticized some statements by the presiding judge, Charles Smith. She considered it ironic that the decision was made “in the name of the people of Kosovo,” while referring at the same time to citizens’ protests against the Specialist Chambers’ verdict.
According to her, it was ironic that the judge repeated that he was acting in the name of Kosovo’s citizens because it was a Kosovo court, while outside massive demonstrations were taking place, which could be followed online. Tromp said that a very large number of citizens were expressing precisely the view that it was not a court in their name.
She also called disturbing the judge’s statement that the verdict was not against the people of Kosovo, the liberation war, or the KLA as an organization.
Tromp raised the question on what basis a judge can determine how the decision will be interpreted, especially by Serbia. She asked whether the judge was in contact with Serbian President Aleksandar Vučić to ask him not to misinterpret or misuse the words of justice to continue what she called a special war against Kosovo.
According to Tromp, Serbia has never accepted that it was militarily defeated and has not given up its territorial claims, at least over a part of Kosovo. She asked whether the court and the judge would ask Belgrade to accept this reality and recognize Kosovo’s independence, emphasizing that this will not happen.
Tromp warned that Serbia will use the verdict to continue what she defines as “lawfare,” that is, the use of law as a weapon of war. According to her, having failed to win the conflict, Serbia will now use legal arguments to come back and revive its territorial aspirations in Kosovo. This time, she added, Belgrade will have the verdict as a means to convince the internationals to leave it alone.
The interview also addressed Thaçi’s involvement in the creation of the Specialist Chambers, which the trial panel mentioned during the sentencing as a mitigating circumstance.
Tromp described as very cynical and cruel the way the judge referred to this circumstance. She said that among the reasons listed for a lighter sentence for Thaçi was the fact that he had played a decisive role in establishing the court. However, according to her, the promised “leniency” resulted in a 25-year sentence, which is practically life imprisonment.
Explaining the political context of the establishment of the Specialist Chambers, Tromp said that Thaçi was placed under extraordinary pressure by Kosovo’s biggest friends at that time: the United States, the United Kingdom, and the European Union.
According to her, he had almost no alternative, as he trusted Kosovo’s international partners. Tromp rejected claims often made in public opinion that Thaçi could have bargained or negotiated some deal to avoid being indicted, saying that the facts already show such an idea is absurd.
She stated that at that time Thaçi made an extremely difficult decision as a statesman. According to Tromp, he accepted the creation of the Specialist Chambers because he was fully convinced there was no other way and believed it would accelerate Kosovo’s statehood process.
Tromp stressed that Thaçi acted this way even though he knew the chances of him being indicted were very high. She said that, as a statesman, he put Kosovo ahead of his personal interest.
In this context, Tromp also spoke about the former Kosovo president’s cooperation with the justice bodies. She recalled that Thaçi had the right not to speak and to leave the entire burden of proof to the Prosecution, but he chose to answer its questions.
According to Tromp, after the victory in the war against Serbia, Kosovo aimed to become part of the democratic family of nations and to develop as a liberal democracy. For this reason, Thaçi could not reject the international criminal justice system, which she described as one of the important pillars of liberal democracy.
She said that Thaçi could not pursue the path toward liberalism and democracy while at the same time excluding international criminal justice. Even after being indicted, he cooperated. In fact, while still in office as president and before the indictment was raised, he gave a number of interviews to the Prosecution.
Tromp also addressed the appeal of the Specialist Chambers’ verdict. She expressed conviction that the appeal is necessary and will be made, but warned that the procedure could last up to five years.
She explained that so far she has seen the content of the verdict only through the summary and that the full decision must be read by everyone. According to her, unlike cases at the ICTY and ICC, Kosovo is not in such a disadvantaged position regarding the treatment of the decision on appeal, as the last word will belong to the Constitutional Court of Kosovo.
However, Tromp stressed that the road remains long. The four former KLA leaders have already spent 6 years in pretrial detention and now face sentences of up to 25 years. According to her, some kind of conclusion may be reached within the next 5 years.
She acknowledged that the prolonged judicial process has already minimized their role in Kosovar society, reducing their functions almost to nothing. Tromp warned that they are placed in a situation where they could turn into martyrs, while Kosovo, according to her, does not need more martyrs.
She said that Kosovo has left many martyrs on the fields where the war against Serbian aggression took place. According to Tromp, the country needs capable and experienced people to continue the difficult work of building state institutions and strengthening the independence of the state of Kosovo.
