Kelmendi: Facts Are Coming to Light, War Crimes Are Not Subject to a Statute of Limitations

A new site suspected of containing human remains has been identified in Zubin Potok, Kosovo’s law enforcement authorities announced on Sunday.

In a joint statement, the Kosovo Police and the Special Prosecution said the site is located in the village of Jabukë and was discovered as part of the investigation into the Zubin Potok case.

Acting Interior Minister Xhelal Sveçla said that at least four bodies have so far been discovered at the site of the suspected mass grave.

Speaking to the media after visiting the site, Sveçla said that the bodies of at least four people found at this stage had been thrown into a lime pit after being executed.

Lawyer and professor Muhamet Kelmendi believes the discovery of mass graves is particularly important in shedding light on the crimes and that thorough investigations are therefore needed. He considers statements justifying the expulsion of civilians troubling, while stressing that determining legal responsibility falls within the jurisdiction of the justice institutions.

According to Kelmendi, war crimes are among the most serious violations of international criminal law and, under the fundamental principles of international law, are not subject to a statute of limitations. When sufficient evidence and testimony emerge, the relevant authorities are obliged to investigate, arrest suspects and initiate criminal proceedings against those responsible. He explains that criminal responsibility is individual, while the responsibility of states may be examined by the relevant international mechanisms in accordance with their established jurisdiction and procedures.

Kelmendi emphasizes that genocide is classified as the most serious crime against humanity. Its prohibition is enshrined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, as well as in other international instruments, including the four Geneva Conventions of 1949 and the Rome Statute of the International Criminal Court. Precisely because these offenses are not subject to a statute of limitations, perpetrators may be prosecuted even many years after the crimes were committed.

He says the discovery of mass graves on the territory of Serbia, including those in the Zubin Potok area and other locations where the remains of victims of the war in Kosovo have been found, constitutes significant evidence for the investigations. According to him, these cases must be addressed through comprehensive, professional and independent investigations in order to identify those individually responsible. The findings also demonstrate the necessity of documenting and prosecuting war crimes without delay.

Another issue that concerns Kelmendi relates to public statements that could be interpreted as incitement to or justification for the expulsion of the civilian population.

Defending a minister from the Socialist Party of Serbia, former Serbian Foreign Minister Ivica Dačić had expressed regret that she was being accused merely because she had said that, during the war, Albanians should have gone to Albania if they did not accept the Serbian state.

Kelmendi notes that many analysts and human rights organizations have described such positions as problematic because they may be seen as normalizing or justifying the expulsion of civilians. However, according to him, only investigative and judicial bodies can determine, based on evidence, whether a statement demonstrates the existence of a state policy or an international crime.

The consequences of the war in Kosovo remain present because of the victims and those who are still listed as missing, Kelmendi stresses.

He recalls that the war in Kosovo left thousands of victims. Data documented by local and international institutions show that more than 13,000 people were killed, around 800,000 Albanians were forcibly expelled from their homes and thousands of others disappeared. The search for hundreds of missing people continues to this day, while their families are still waiting to learn the fate of their loved ones.

For this reason, continuing investigations into war crimes is both a legal and moral obligation, he says. The Special Prosecution of the Republic of Kosovo has conducted a considerable number of investigations and criminal proceedings related to war crimes. According to Kelmendi, cooperation between the institutions of Kosovo and Albania, as well as with international partners, would help secure evidence, identify the perpetrators and ensure that justice is served.

At the same time, he calls on state institutions and international justice mechanisms to continue supporting the documentation of crimes, the identification of mass graves and the prosecution of those responsible. Kelmendi believes that lasting peace and the prevention of similar crimes can be achieved only by enforcing the law, respecting the truth and punishing the perpetrators.

According to him, securing justice for the victims is not only a legal requirement but also a moral responsibility toward history, the families who continue searching for their relatives and the generations that deserve to live in a region where crimes are not denied but are investigated and punished under domestic laws and international conventions.

At the conclusion of his statement to “Bota sot,” Kelmendi reiterated that such offenses are not subject to a statute of limitations.