Marko Prelec of the International Crisis Group has analyzed the reactions triggered by the Special Court’s decision, comparing them with the positions previously expressed by Croats regarding proceedings at the International Criminal Tribunal for the former Yugoslavia.
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According to him, there is a misinterpretation of these issues both in Croatia and in Kosovo, because the proceedings do not concern the legality of the wars for independence. Prelec stressed that Hague Judge Smith made every effort to clarify this distinction.
“It is sad to see commentators, including some who worked at the ICTY and should know better, encouraging this approach. I will not name names, but they are not difficult to find. It is a harmful illusion. It harms us and prevents us from moving forward,” Prelec wrote.
However, he believes that international justice also bears part of the responsibility for this situation. Prelec says that the doctrine of joint criminal enterprise has been applied far too broadly and unnecessarily, placing “pure intentions” and “criminal means used to achieve them” within the same framework.
“Kosovo’s right to independence, just like Croatia’s, is not and can never be in the dock. Acting as though it is only makes us look bad,” Prelec said.
