Le Monde” after the Hague verdict: Controversial court that accepted evidence from Belgrade

The Kosovo Specialist Chambers in The Hague found former Kosovo President Hashim Thaçi guilty of war crimes, French media “Le Monde” reported.

On September 16, the special court based in The Hague, Netherlands, sentenced Thaçi to 25 years in prison for crimes committed by Kosovo Albanian guerrillas in the late 1990s.

The verdict found him responsible, among other things, for illegal arrest, torture, murder, and cruel treatment.

While reading the ruling, presiding judge Charles Smith stated that the panel sentenced him to a single term of 25 years in prison, from which the time already spent in detention would be deducted.

Dressed in a dark suit, white shirt, and tie, Thaçi listened in silence to the pronouncement of the verdict.

Kosovo’s Foreign Minister Glauk Konjufca described the verdict as terrible for Kosovo and its liberation war, calling it sad, unjust, and undeserved.

Hashim Thaçi remains a figure regarded as heroic by many people in Kosovo.

In Pristina, a large number of citizens gathered to follow the ruling on screens placed in public spaces. A countdown to the moment of the verdict was set up in the main square, together with the message “Kosovo is waiting.”

Similar screens and panels were placed in other cities across the country.

When the sentence was announced, the crowd fell silent. Many of those present appeared shocked, as Thaçi’s supporters had hoped for his acquittal.

Meanwhile, preparations for the former president’s return to Kosovo had begun. But as soon as it was confirmed that he would remain in detention, Pristina’s main square emptied almost entirely within minutes.

More than three years after the start of the first-instance trial, the Specialist Chambers found Thaçi guilty for crimes committed by the Kosovo Liberation Army during the war against Serbian forces and immediately after the end of the conflict, in 1998 and 1999.

In November 2020, when the indictment was brought against him, Thaçi was serving as Kosovo’s president. After the charges, he resigned, surrendered to The Hague, and was placed in detention.

The prosecution argued during the proceedings that murders, torture, persecution, and illegal detentions had been carried out in detention centers in Kosovo and northern Albania.

According to the indictment, the victims were hundreds of civilians, including Serbs, Roma, and Kosovo Albanians who were considered political opponents of the KLA.

The conflict in Kosovo caused around 13,000 victims, of whom about 11,000 were Kosovo Albanians, most of them civilians.

The war ended after NATO’s air campaign, which forced Serbian forces to withdraw from Kosovo’s territory.

The same judicial process also involved Kadri Veseli, former head of KLA intelligence and a close associate of Thaçi; Jakup Krasniqi, former KLA spokesman; and Rexhep Selimi, who directed its operations.

Krasniqi received 25 years in prison, Selimi 13 years, while Veseli was sentenced to 18 years in prison.

The court ruled that all four were criminally responsible for the arbitrary detention and torture of hundreds of people, as well as for 96 murders.

At the same time, they were acquitted of charges related to crimes against humanity.

Prosecutor Kimberly West had asked the court to sentence each of the four accused to 45 years in prison. They faced charges of war crimes and crimes against humanity.

Throughout the proceedings, the four former KLA leaders denied responsibility and pleaded not guilty.

The Kosovo Specialist Chambers were established through Kosovo’s law for the purpose of examining alleged crimes committed by members of the KLA during the war. Although their seat is in the Netherlands and the panel consists of international judges, the court was founded on the basis of Kosovo’s legislation.

Before its creation, previous proceedings for similar matters in Kosovo had limited success, amid suspicions of witness intimidation and political influence.

Since its establishment, the court has been met with strong opposition in Kosovo. The use of evidence provided by Belgrade, which still does not recognize the independence of the former Serbian province, has further fueled claims of political bias.

Prosecutors have sought throughout the trial to separate Kosovo’s war for independence from the actions of the four accused individuals.

According to them, the accused must bear responsibility for crimes against detainees in KLA detention centers in Kosovo and neighboring Albania, as well as for the killing of Serb, Albanian, and Roma civilians for political motives.

These crimes allegedly occurred during the war and in the immediate aftermath, a conflict that left around 13,000 victims.

The defense of the four accused has contested this position, arguing that the KLA did not operate with a strict chain of command. According to the lawyers, senior leaders could not control the fighters who committed crimes and therefore should not be held responsible for their actions.