Outdated legal framework and lack of a database hamper war crimes investigations in Kosovo

The lack of international legal cooperation, an inadequate legal framework, difficulties in securing evidence, and the need to strengthen professional capacities for trials in absentia continue to be among the main obstacles in the prosecution and judicial handling of war crimes in Kosovo.

These issues were raised at the panel discussion titled “Strengthening professional capacities in the prosecution and trial of war crimes in Kosovo,” organized by the Humanitarian Law Center in Kosovo.

According to Amer Alija from the Humanitarian Law Center in Kosovo, processes related to war crimes continue to represent one of the most complex tests for the justice system.

Alija: War crimes trials are one of the most complex challenges for the justice system

“In Kosovo, it remains one of the most important and complex challenges for the justice system. Beyond their legal importance, these processes have a direct impact on ensuring justice for war victims, combating impunity, and strengthening citizens’ trust in justice institutions. In recent years, we have seen important developments in this field, including an increase in the number of indictments for war crimes and the implementation of trials in absentia,” Alija said.

The head of the War Crimes Department at the Special Prosecution Office, Ilir Morina, said there is institutional readiness to handle these cases, but that the difficulties go beyond the institutions’ own will.

He underlined that one of the problems for the prosecution remains the use of old laws from the former Yugoslavia, as well as the lack of international legal cooperation, especially with Serbia.

Morina also said that the lack of a database for collecting evidence is making the process of gathering it more difficult for the Special Prosecution Office.

Morina: There is a lack of a dedicated database for war crimes cases

“It is not a lack of will; there is readiness to work on addressing war crimes, but the challenges are beyond will. We have done the maximum within our capacities and possibilities, whether budgetary or institutional… The current legal framework is not sufficient, a legal framework that is suited to organized crime. We still have this challenge because we are working with old laws, including those of the former Yugoslavia, and the procedure code, which is not sufficiently suitable in war crimes cases. As for the institutional structure, when we took over this issue from EULEX, we had to build internal mechanisms so that we would be ready to face the challenges… a very major challenge is the lack of international legal cooperation, with special emphasis on Serbia, but also with other countries and the former Yugoslav criminal tribunal. All the evidence is in Serbia or outside the territory of Kosovo, as are the defendants. The lack of this cooperation is a major challenge. Now we have an opportunity to file indictments in absentia; trial in absentia is not being used for the first time. It is the best solution and we are trying to apply it. Within this, there is the lack of a dedicated database of war crimes cases; identifying evidence is a major challenge, a lot of information exists but it is scattered. There is no fear that information does not exist, but it needs to be collected and placed in one location to serve the Special Prosecution Office,” Morina said.

Meanwhile, the deputy chairman of the Kosovo Bar Association, Naim Rudari, said that one of the challenges for this institution remains trial in absentia, which most lawyers are not accepting even though it is an official duty.

Rudari: There are challenges with trial in absentia

“We are seeing that it has been strengthened, and the indictments have multiplied, although it is difficult for the prosecution to gather evidence, since many years have passed since the war. It is necessary in order to substantiate each crime. We have people seeking justice, although the prosecution is our opponent in professional terms, in this case both the Bar Association and the prosecution face challenges with the engagement of court-appointed lawyers in trial in absentia. Trial in absentia is a new institution for us; it still requires preparation, training, and the application of this institution with high professionalism… we have tried to convince them that, beyond the obligation, it is assistance to justice. We lack training, especially from international experts in this field; there are difficulties in applying trial in absentia,” Rudari said.