The American news agency Associated Press has reported on the start of excavation work at the mass graves recently discovered in Kalludër e Vogël, in the municipality of Zubin Potok.

The search aims to find traces of people who have been missing since the 1998–1999 war in Kosovo. In its article, AP also conveys the pain of family members who have been waiting for years to learn what happened to their loved ones.

About 13,000 people lost their lives during the war in Kosovo. “Tensions between the two countries continue to persist. In May 2023, Kosovo and Serbia reached an agreement that included commitments by both sides to shed light on the fate of missing persons,” AP writes.

A few days before the latest excavations began, the Kosovo Police announced that it had arrested two Serbs suspected of war crimes linked to the mass graves. The two suspects remain in detention.

A United Nations tribunal in The Hague, the Netherlands, has tried and convicted several senior Serbian political and military officials for war crimes in Kosovo.

Erblin Ademi was carrying a photograph of his father, in which he can be seen holding him in his arms during his childhood.

“Everyone has the right to have a grave that can be visited, where they can be honored and remembered,” Ademi said.

“We very much hope that this will be the end. Regardless of how long the entire process takes, we will wait until we can honor them as they deserve,” he said, AP reports.

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William Schabas, a professor of international criminal law, has said that although the Kosovo Specialist Chambers may have formal jurisdiction to investigate new discoveries of mass graves, primary responsibility for prosecuting crimes committed by Serbian forces lies with the domestic judiciary.

In an interview with the newspaper “Bota sot,” Schabas discussed the possibility of these serious crimes, which may constitute violations of international humanitarian law, being addressed by the Specialist Chambers, as well as the legal avenues available to victims’ families who are still awaiting justice.

He explained that, from a legal perspective, there is a theoretical possibility that the Specialist Chambers could exercise jurisdiction, but stressed that the court’s original mission was entirely different.

“In principle, the Specialist Chambers can prosecute crimes committed by nationals of Kosovo or the Federal Republic of Yugoslavia, or crimes in which the victims were nationals of Kosovo or the FRY, provided that they occurred between January 1998 and December 2000. In theory, therefore, they may have jurisdiction,” Schabas was quoted as saying.

However, he stressed that the Specialist Chambers were established specifically to address allegations of crimes linked to leaders of the Kosovo Liberation Army, who later became involved in government.

“This court was established because of crimes allegedly committed by KLA leaders, who were already part of Kosovo’s institutions and whose cases had not been addressed by the International Criminal Tribunal for the former Yugoslavia. The assessment was that the domestic justice system would never investigate these cases,” the professor explained.

When it comes to suspected perpetrators who are members of the Serbian forces, Schabas believes the situation is different and does not involve the same political obstacles that justified the creation of this mechanism.

“If the crimes are suspected of having been committed by Serbs, then the situation is different. In this case, Kosovo’s legal system is capable of prosecuting these crimes. The political obstacles that existed in cases related to the KLA are not present. Therefore, the rights of victims should be upheld through Kosovo’s domestic judicial system,” Schabas said.

Finally, he expressed strong doubts that the mandate of the Specialist Chambers would be expanded, highlighting the high cost as a key obstacle.

“The Specialist Chambers represent a very costly alternative, and I do not believe that their funders, essentially the European Union, will be willing to make further investments to expand their mandate,” he concluded.

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The discovery of new mass graves in Kosovo has once again brought demands for justice for the victims of the war to the forefront. In this context, international criminal law professor William Schabas explained that the Kosovo Specialist Chambers could, under certain circumstances, theoretically have jurisdiction, but cases in which the suspects are members of Serbian forces should be handled by Kosovo’s justice system.

In his response to the newspaper “Bota sot,” Schabas discussed the possibility that the Specialist Chambers could investigate crimes linked to the new mass graves, which may constitute serious violations of international humanitarian law. He also addressed the legal mechanisms available to the victims’ families, who continue to wait for justice.

According to him, it is not legally ruled out that this institution could have jurisdiction over such cases. However, he recalled that the Specialist Chambers were established for an entirely different purpose.

Schabas stated that, in principle, the Specialist Chambers may prosecute crimes committed by nationals of Kosovo or the Federal Republic of Yugoslavia, as well as cases in which the victims were nationals of Kosovo or the FRY, provided that the offenses occurred between January 1998 and December 2000. For this reason, he said, their jurisdiction is theoretically possible.

The professor explained that the court was created to examine allegations of crimes committed by leaders of the Kosovo Liberation Army, who later assumed positions in the country’s institutions.

He said the Specialist Chambers were intended to address crimes allegedly committed by KLA leaders who later joined Kosovo’s government, while these cases had not been examined by the International Criminal Tribunal for the former Yugoslavia. According to Schabas, the assessment at the time was that the domestic justice system would never investigate those cases.

When the suspects in the crimes are members of Serbian forces, the legal circumstances are different, he said. Schabas assessed that, in these cases, the same political barriers that led to the creation of the Specialist Chambers do not arise.

If there is suspicion that the offenses were committed by Serbs, Kosovo’s legal system has the ability to prosecute them, he said. The professor stressed that the political obstacles present in cases related to the KLA do not exist in this situation, and therefore the victims’ rights should be upheld through Kosovo’s domestic judicial system.

In conclusion, Schabas expressed skepticism that the Specialist Chambers could expand their activities in this direction. As one reason, he cited the high costs required to operate this mechanism.

According to him, the Specialist Chambers are an extremely expensive alternative. Schabas said he does not believe that their funders, essentially the European Union, would be willing to invest further in expanding the institution’s mandate.

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Kosovo’s authorities announced on Sunday the discovery of another site in Zubin Potok where the remains of people who went missing during the war are suspected to be located.

According to a joint statement by the Kosovo Police and the Special Prosecution Office, the site was identified in the village of Jabukë during investigations into the case in Zubin Potok.

Acting Interior Minister Xhelal Sveçla announced that four bodies have so far been exhumed from the area.

The discovery of two sites suspected of containing mass graves in Zubin Potok has revived debate over the fate of war victims and the reasons behind Serbia’s long-standing control over northern Kosovo.

Professor Gurakuç Kuçi suspects that this control may have served not only to preserve Belgrade’s political influence, but also to conceal traces of crimes committed during the war.

Kuçi criticized Serbia’s lack of cooperation in clarifying the fate of missing persons. He also highlighted the rehabilitation of figures who have had ties to units accused of war crimes.

“Every discovery of a new site in northern Kosovo where mass graves are suspected to be located makes the question of whether Belgrade’s continued control over this part of the country had, among its reasons, the concealment of traces of war crimes increasingly unavoidable.

For more than two decades, Serbia focused on keeping the north under the influence of parallel structures and criminal groups led by Milan Radoičić. This control was presented through the rhetoric of ‘protecting the Serbian people.’ However, the discovery of a second site suspected of containing a mass grave opens up an even more serious dimension: the possibility that this control was used to prevent the full disclosure of war crimes.

Instead of contributing to clarifying the fate of the missing and making military and police archives available, Serbia is sending the opposite signals. Ivica Dačić inaugurated a monument dedicated to the 37th Motorized Brigade, which is linked to some of the most serious documented crimes against Albanian civilians in Kosovo. On that occasion, he said that members of this brigade were ‘war heroes’ and not criminals,” Kuçi said.

According to the professor, the positions taken by Serbian officials following the discovery of the suspected sites, as well as the public honoring of units linked to war crimes, demonstrate a lack of willingness to confront the past.

He assessed that attacks against people who contribute to identifying the fate of the missing constitute a direct obstacle to justice.

“A few days later, Dačić also attacked Serbs who tell Albanians and Croats the locations of the graves of Albanians in Serbia. Instead of testimony being viewed as assistance in uncovering the truth, it is treated as an act of treason.

At the same time, Snezhana Paunović, his fellow party member and coalition government colleague, said that, had she been in Slobodan Milošević’s place in 1998, she would have carried out ethnic cleansing in Kosovo. Dačić did not distance himself from this statement.

When a state honors units linked to war crimes, tolerates statements supporting ethnic cleansing and attacks those who help uncover mass graves, this goes beyond denying the past. It concerns a policy that continues to protect the perpetrators, obstruct justice and spread the belief that ‘those who commit crimes against Albanians will not be prosecuted, but will be declared heroes.’”

P.S.

Within just a few days, two sites suspected of containing mass graves have been identified in northern Kosovo. The first site is linked to excavations in Kalludër e Vogël in Zubin Potok, which began after the arrest of two people suspected of war crimes. The remains of some of the 23 Albanians abducted in April 1999 are suspected to be located there. The second site was identified in Jabukë, also in Zubin Potok, adding to suspicions that places where war victims were hidden continue to exist in the north and are still awaiting discovery,” Kuçi concluded.

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A new site suspected of containing the remains of people who went missing during the war has been discovered in Zubin Potok. The news was announced on Sunday by Kosovo’s law enforcement authorities.

In a joint statement, the Kosovo Police and the Special Prosecutor’s Office said the site had been identified in the village of Jabukë during ongoing investigations related to the case in Zubin Potok.

According to acting Interior Minister Xhelal Sveçla, four bodies have so far been exhumed from the site.

Professor Gurakuç Kuçi believes the identification of new sites suspected of being mass graves raises questions about whether Serbia’s uninterrupted control over northern Kosovo was also used to conceal evidence of war crimes.

Kuçi criticizes Serbia for its lack of cooperation in establishing the fate of missing persons, while also drawing attention to the rehabilitation of figures linked to units accused of crimes during the war.

“With every new site discovered in northern Kosovo that is suspected of concealing mass graves, the question becomes increasingly unavoidable as to whether keeping the north continuously under Belgrade’s control also served the purpose of hiding evidence of war crimes.

For more than two decades, Serbia worked to maintain its influence in the north through parallel structures and criminal groups led by Milan Radoiçiq. Rhetoric about ‘protecting the Serbian people’ was used as justification. However, the identification of a second site suspected of being a mass grave gives the issue another, far more serious dimension: the suspicion that this control may also have been used to obstruct the full disclosure of war crimes.

Instead of helping to clarify the fate of the missing and making police and military archives available, Serbia is sending entirely opposite signals. Ivica Daçiq inaugurated a monument dedicated to the 37th Motorized Brigade, which has been linked to some of the most serious documented crimes against Albanian civilians in Kosovo, and declared that its members were ‘war heroes,’ not criminals,” he said.

According to Kuçi, the way Serbian officials have responded to the discovery of mass graves, together with their glorification of units linked to war crimes, demonstrates a lack of willingness to confront the past.

He emphasizes that justice is also undermined by attacks against people who contribute to uncovering the fate of the missing.

In this context, Kuçi also mentions the two sites discovered in Zubin Potok that are suspected of being mass graves.

“Just a few days later, he also attacked Serbs who tell Albanians and Croats where the graves of Albanians in Serbia are located. Instead of supporting contributions to uncovering the truth, even testifying is considered an act of treason.

Meanwhile, Snezhana Paunović, his fellow party member and governing partner, declared that if she had been in Slobodan Milošević’s position in 1998, she would have ethnically cleansed Kosovo. Daçiq did not distance himself from her statement.

When a state glorifies units linked to war crimes, defends statements calling for ethnic cleansing, and attacks those who help locate mass graves, this goes beyond denying the past. It is a policy that continues to protect the perpetrators, obstruct justice, and spread the idea that ‘those who commit crimes against Albanians will not be prosecuted, but will be declared heroes.’

P.S.

Within the space of a few days, two sites suspected of being mass graves have been found in northern Kosovo. The first site concerns excavations in Kalludër e Vogël, Zubin Potok, which began after the arrest of two people suspected of war crimes. It is believed that the remains of some of the 23 Albanians abducted in April 1999 may be located there. Another site has since been identified in Jabukë, also in Zubin Potok, reinforcing suspicions that there are still places in the north where war victims were hidden and are still waiting to be found,” Kuçi concluded.

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The discovery of two more mass graves linked to the war in Kosovo has prompted a response from Jasmin Mujanović, a political scientist specializing in Southeast European politics. The sites are suspected of containing the remains of Albanian victims of Slobodan Milošević’s regime.

In a post on X, Mujanović said the discovery of the graves, where around two dozen Albanian victims are believed to have been buried, shows that the regional consequences of Belgrade’s murderous campaign during the 1990s remain recent and continue to be largely unaddressed.

According to him, the case once again draws attention to the unhealed scars left across the region by Belgrade’s violent campaigns in the 1990s.

Mujanović also stressed that thousands of victims are still considered missing, while the political structures and norms established across the region during the Milošević era remain unreformed.

He also criticized the international community, saying it remains preoccupied with its own limited efforts to disregard these issues.

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Zejnulla Gashi, the Chief State Prosecutor, has praised Kosovo’s law enforcement institutions for the commitment and work that led to the discovery of a mass grave in Zubin Potok. Human remains were found at the site, while there are suspicions that the bodies of other victims of the latest war in Kosovo may also be located there.

In a public statement, Gashi said the development was part of ongoing institutional efforts to clarify the fate of missing persons and ensure justice.

According to the Chief State Prosecutor, the discovery of the mass grave marks an important step in the state’s efforts to bring the truth to light and create opportunities for justice to be served.

Gashi stressed that investigating and shedding light on such cases constitutes not only a legal obligation, but also an institutional and moral responsibility toward the victims of the war and their families.

He also praised the coordination and cooperation between institutions and citizens in the area where excavations are being carried out, describing this cooperation as essential to advancing the investigation.

The Chief State Prosecutor stressed that the support of institutions and citizens is essential both for identifying the victims and for uncovering those responsible for these crimes and bringing them to justice.

Excavations and examinations at the site in Zubin Potok are expected to continue, with the aim of determining whether other human remains belonging to victims of the war are located in the area.

So far, three people have been arrested in connection with this development.

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Zejnulla Gashi, the Chief State Prosecutor, praised Kosovo’s law enforcement institutions for the work and dedication they demonstrated in uncovering the mass graves in Zubin Potok. Human remains have been found in the area, while there are suspicions that the bodies of other victims of the last war in Kosovo may also be located there.

In a public statement, Gashi described the discovery as part of an important state effort to bring the truth to light and enable justice to be served.

According to him, investigating and clarifying such cases is a legal and institutional responsibility toward the victims and their families.

The Chief State Prosecutor also commended the presence and coordination between institutions and citizens at the scene. He emphasized that their assistance is essential both for identifying the victims and for finding those responsible for these crimes and bringing them to justice.

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Analyst Rron Gjinovci issued a strong reaction following reports that Serbian authorities had detained a man of Serbian origin from Istog. He is accused of espionage because he had previously provided testimony concerning a mass grave recently discovered in Mitrovica.

In a post on social media, Gjinovci stressed that the very nature of the accusation—espionage—reveals Serbia’s position on the matter. According to him, treating the mass grave as a “state secret” necessarily implies that its discovery threatens a truth for which the state bears direct responsibility.

He argued that information is classified as a state secret precisely because it concerns serious implications for the state itself. “Serbia is admitting that the mass grave is its state secret. Because you can only commit espionage when you uncover state secrets,” Gjinovci explained in his reaction, concluding that this action confirms state involvement.

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The situation in northern Kosovo has once again come under the spotlight following a series of developments involving Serbian prosecutors, reactions from the European Union, the demolition of unauthorized structures in the Ujman area, and the discovery of a mass grave in Kalludër, Zubin Potok. These issues have sparked discussions about security, justice and relations between Kosovo and Serbia.

Speaking to “Bota sot” about these topics, Belgian-based jurist Skënder Musliu said that Kosovo continues to face political pressure, while Serbia has not abandoned policies that, in his assessment, are aimed at destabilizing the country.

Musliu accused the European Union of applying double standards, saying that Brussels pays more attention to the actions of Kosovo’s institutions than to Belgrade’s statements and policies.

He recalled that the 2013 agreements, reached as part of the Kosovo-Serbia dialogue mediated by the European Union, obliged Kosovo to include the Serbian community in state institutions.

“Under these agreements, several hundred police officers and local government employees were hired, along with around 130 judges, prosecutors and administrative employees of the justice system in the four municipalities in northern Kosovo,” Musliu declared.

According to him, the departure of Serbian officials from the institutions was not caused solely by disagreements over vehicle license plates. He considers it an organized action in which the license-plate issue served only as the apparent reason.

“The resignation of the mayors of the four Serbian-majority municipalities in the north, as well as of Serbian police officials, judges and prosecutors, did not come solely because of the license plates. The main cause was the pressure, blackmail and intimidation exerted by Radoičić and the Belgrade regime, with the aim of destabilizing Kosovo, undermining its security and damaging its sovereignty,” he said.

Musliu said that requests by some judges and prosecutors to withdraw their resignations cannot be handled outside the legal framework. He stressed that the justice system must operate independently and must not be influenced by political pressure.

In this context, he described some international reactions as one-sided, while singling out the United States Embassy in Pristina for taking a more measured stance.

“Unlike other international reactions, the US Embassy in Pristina acted more cautiously and constructively. It recalled that Kosovo’s Constitution guarantees representation of the Serbian community in institutions and that the Government of Kosovo will ensure these rights,” Musliu said.

The Belgian-based jurist described the EU’s criticism of decisions by Kosovo’s institutions as interference in the justice system.

“Through its statements and actions, the EU is interfering brutally and irresponsibly in an independent system that is separate from the executive branch. Unfortunately, it still has not understood the reality of Kosovo and continues to act as if the country were under the supervision of the international community,” he declared.

Musliu was also critical of Brussels’ relationship with Serbia. He said that, despite policies he described as destructive and Belgrade’s hegemonic claims toward Kosovo and other countries in the region, the EU continues to portray Vučić’s regime as a constructive party to the dialogue.

“For decades, Serbia has pursued destructive policies toward Kosovo, while also displaying hegemonic claims toward other states in the region. Nevertheless, the EU continues to praise Vučić’s regime as a factor in constructive dialogue,” he emphasized.

According to Musliu, statements by Serbian officials demonstrate that Belgrade has not broken with its old narratives. He cited claims that Kosovo is an inseparable part of Serbia, as well as statements that, in his view, justify the policies of previous years.

“These statements show that Belgrade continues to rely on destabilizing narratives,” Musliu said.

Speaking about the demolition of unauthorized structures in Zubin Potok, near Lake Ujman, he said that Kosovo’s institutions had acted within the law.

“The structures had been erected without construction permits on the property of the ‘Ibër-Lepenc’ enterprise and constituted an unlawful occupation of property in a protected area. The demolition took place only after the legal procedures had been completed. In this case as well, the EU criticized the Government of Kosovo and gave space to Serbia’s arguments,” he declared.

Musliu also commented on the discovery of the mass grave in Kalludër, Zubin Potok, where the bodies of 23 Albanians who disappeared during the war are suspected to be located.

“Serbia continues to deny war crimes. The EU has never had the courage to punish Belgrade and impose serious sanctions on it for its destructive policies. On the contrary, it repeatedly says that Serbia is committed to constructive dialogue,” he said.

He also criticized some media outlets and political entities in Kosovo which, according to him, are creating narratives that harm the country’s interests.

“Unfortunately, some media outlets and NGOs have aligned themselves with the same line as Belgrade’s destructive policies. These narratives create a false image of Kosovo and serve only its opponents,” Musliu declared.

He also accused Kosovo’s opposition of pursuing an approach that weakens the country’s institutions.

“The irresponsible actions and statements of some opposition politicians, media outlets and NGOs create false narratives against Kosovo. They also influence the perception of international actors, who then direct their criticism at Kosovo’s institutions,” he said.

In conclusion, Musliu said that the Kurti government’s policies aimed at extending sovereignty in the north had been justified. He called for support for Kosovo’s institutions in their efforts to build the rule of law.

“The policies and actions of Kosovo’s institutions have aimed to strengthen sovereignty, build the rule of law and protect the constitutional order. For this reason, the institutions that defend these principles must receive unequivocal support,” Skënder Musliu told “Bota sot” in conclusion.

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