Mass graves that continue to be uncovered in Kosovo have once again brought the scale of crimes against Albanians during the 1998–1999 war into the spotlight.
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Evidence recovered from each of these locations reveals grave cases of killings, disappearances and other crimes committed by Serbian forces against the civilian population.
According to experts in justice and war crimes, this evidence could serve as an important basis for criminal proceedings and for fully establishing the truth. However, because of the limited mandate of the Kosovo Specialist Chambers, it remains unclear whether these cases can be addressed by that court.
Legal assessments emphasize that responsibility for war crimes must be pursued through the competent domestic and international institutions, given that war crimes and crimes against humanity are not subject to a statute of limitations.
The discovery of additional mass graves has intensified calls for the opening of archives and for clarification of the fate of thousands of war victims. The families of missing persons continue to demand justice, while insisting that the perpetrators and those who gave the orders be held accountable before the justice authorities.
Bajraktari: Criminal complaint by a Dubrava survivor to the Specialist Prosecutor’s Office still has no publicly known outcome
Lawyer and legal expert Ardian Bajraktari believes that the crimes committed in the Dubrava massacre should be investigated and addressed by Kosovo’s justice institutions. According to him, the possibility of holding trials in absentia could also be considered for the suspects.
In a statement to “Bota Sot,” Bajraktari said that a survivor of the Dubrava massacre had previously filed a criminal complaint with the Specialist Prosecutor’s Office, asking it to assess whether the case fell within its jurisdiction.
He said the complaint had been filed some time ago to determine the Specialist Prosecutor’s Office’s jurisdiction over these cases, but so far no information has been made public about whether it has been reviewed.
For Bajraktari, the lack of publicly available information about the complaint’s fate makes it necessary for Kosovo’s institutions to take concrete action to shed light on the crimes.
He believes the cases should be handled by Kosovo’s justice system, including the possibility of trials in absentia, a procedure now permitted under the Criminal Procedure Code.
The Dubrava massacre is considered one of the gravest events of the war in Kosovo. The victims’ family members and survivors continue to demand justice and criminal accountability for those who committed the crimes.
Racaj: Crimes by Serbian forces are not subject to a statute of limitations; international pressure is needed to establish the truth
Professor Muhamet Racaj told “Bota Sot” that the mass graves uncovered in Kosovo constitute irrefutable evidence of serious war crimes and crimes against humanity committed during 1998–1999 by Serbian military, police and paramilitary forces.
According to him, every newly discovered mass grave reinforces the historical and legal truth about the systematic policy of ethnic cleansing implemented by Serbia’s regime at the time.
Racaj explained that these crimes do not fall within the jurisdiction of the Kosovo Specialist Chambers. He argued that the court’s mandate is limited to investigating and trying certain offenses related to allegations against former members of the Kosovo Liberation Army.
For this reason, the professor said, the Specialist Chambers cannot try crimes committed by Serbian forces.
Racaj stressed that the limitation of the court’s jurisdiction does not mean that the perpetrators should escape accountability. On the contrary, the new evidence obtained from the mass graves should be used to bring indictments before the competent national and international mechanisms.
He recalled that war crimes and crimes against humanity are not subject to a statute of limitations. Consequently, the perpetrators can be prosecuted regardless of how many years have passed.
In conclusion, Muhamet Racaj called for stronger engagement by the international community toward Serbia, with the aim of clarifying the fate of the war victims and bringing those responsible to justice.
He called for greater pressure to be exerted on Serbia to open its military and police archives, locate all mass graves and hand the perpetrators over to the justice authorities. Racaj concluded for “Bota Sot” that without justice, genuine reconciliation cannot be achieved, while without fully establishing the truth, there can be no lasting peace in the Balkans.
