Kelmendi: Discovery of Mass Graves Strengthens Evidence; War Crimes Are Not Subject to Statutes of Limitations

Kosovo Police and the Special Prosecution Office announced on Sunday that they had identified another location in Zubin Potok where human remains are suspected to be located.

The site was discovered in the village of Jabukë as part of investigations into the case in Zubin Potok, law enforcement institutions said in a joint statement.

Acting Minister of Internal Affairs Xhelal Sveçla said the site was suspected to be a mass grave and that at least four bodies had been found there so far.

“I have just returned from the site where the new mass grave was discovered. So far, at least four bodies have been found, which, after being executed, were thrown into a clay pit,” Sveçla told reporters.

Jurist and professor Muhamet Kelmendi says that war crimes, like genocide, are not subject to statutes of limitations. According to him, every case must be investigated and prosecuted when sufficient evidence exists.

Kelmendi considers the discovery of the mass grave an important development in documenting crimes and calls for full investigations. He describes statements that could justify the expulsion of civilians as troubling, while he sees the determination of legal responsibility as the responsibility of the justice authorities.

“War crimes are among the most serious offenses under international criminal law and, according to the fundamental principles of international law, they are not subject to statutes of limitations. Whenever sufficient evidence and testimony are presented, the competent authorities have a duty to investigate, arrest suspects and initiate criminal proceedings against the individuals responsible. Criminal responsibility is individual, while the responsibility of states may be addressed through the relevant mechanisms of international law, according to the jurisdiction and procedures provided for.

Genocide is considered the most serious crime against humanity. This crime is prohibited by the Convention on the Prevention and Punishment of the Crime of Genocide (1948), as well as by other international instruments, including the four Geneva Conventions (1949) and the Rome Statute of the International Criminal Court. Because these crimes are not subject to statutes of limitations, their perpetrators may be prosecuted even many years after they were committed.

The discovery of mass graves in the territory of Serbia, including the Zubin Potok area and other locations where the remains of victims of the war in Kosovo have been found, constitutes important evidence for the investigations. These cases require full, professional and independent proceedings aimed at identifying those individually responsible. They also demonstrate the necessity of documenting and pursuing without delay the crimes committed during the war.

Kelmendi also considers public statements that could be understood as encouraging or justifying the expulsion of the civilian population to be troubling. Serbia’s former foreign minister, Ivica Daçiq, defending a minister from the Socialist Party of Serbia, had stated: “It is regrettable that a minister is being accused simply because she said that during the war Albanians should have gone to Albania if they did not accept the Serbian state.”

According to him, numerous analysts and human rights organizations have described these statements as problematic, as they could be interpreted as normalizing or justifying the expulsion of civilians. However, determining whether a statement constitutes evidence of a state policy or an international crime is the responsibility of investigative and judicial institutions, which must rely on evidence.

“The war in Kosovo left thousands of victims behind. According to data documented by local and international institutions, more than 13,000 people were killed, around 800,000 Albanians were forcibly expelled from their homes, while thousands of others disappeared. The search for hundreds of missing people is still continuing, while their families continue to await clarification of the fate of their loved ones.

The consequences of the conflict in Kosovo continue to be felt, particularly because of the number of victims and missing persons. For this reason, Kelmendi calls for investigations into war crimes to continue, for local institutions to cooperate with international ones, and for those responsible to face criminal prosecution.

Therefore, continuing investigations into war crimes remains a legal and moral obligation. The Special Prosecution Office of the Republic of Kosovo has conducted a considerable number of investigations and criminal proceedings for war crimes. Cooperation among the institutions of Kosovo, Albania and international partners would help secure evidence, identify perpetrators and deliver justice.

At the same time, state institutions and international justice mechanisms must continue supporting the documentation of crimes, the discovery of mass graves and the prosecution of those responsible. Only the enforcement of the law, preservation of the truth and punishment of perpetrators can create lasting peace and prevent the repetition of such crimes.

Justice for victims is not only a legal obligation, but also a moral responsibility toward history, the families who are still searching for their relatives and future generations. They deserve to live in a region where crimes are not denied, but investigated and punished in accordance with domestic law and international conventions.

“Such offenses do not become time-barred,” Kelmendi concluded for “Bota sot.”