Charles L. Smith III: This trial focuses on individual responsibility, not on the legitimacy of the KLA

The Presiding Judge of the Trial Panel in The Hague, Charles L. Smith III, addressed those present in the courtroom with a call to maintain silence, underscoring the seriousness of the judicial proceedings.

“We respectfully ask everyone to remain silent. Remember that we are in a court and are dealing with weighty matters. Any disruption of order will compel the court to take measures,” Smith declared.

Clarifying the essence of this process, Smith emphasized that the focus lies on the actions and conduct of the accused persons, and not on any judgment of the Kosovo Liberation Army or its political objectives.

“This judicial process relates to the actions and conduct of the defendants in the context of this case. It has nothing to do with the legitimacy of the KLA nor with its aspiration for an independent Kosovo,” he said.

He also explained that the trial does not aim to make any kind of comparison or assessment of responsibilities between the various parties involved in the war.

“This process is not intended to weigh the responsibilities of one side against the other. It does not deal with the actions of paramilitary and military forces that, undoubtedly, Serbian forces committed against Kosovo Albanians,” Smith stated.

He added that the trial also does not include any general claim of self-defense, but extends only to the specific charges set out in the indictment.

“This case does not revolve around any claim of self-defense. The only question is whether the crimes alleged in the indictment were committed and whether the accused can bear criminal responsibility for them,” he said.

Smith specified that it concerns suspected crimes against Serbs, Roma, and Kosovo Albanians, which the indictment links to members of the KLA and to the accused persons.

“In this context, the responsibility of the defendants is strictly personal. This principle is embedded in the legal framework of the Specialist Chambers,” concluded the Presiding Judge of the Trial Panel.